What Constitutes The ‘Exercise' Of A Variance?

According to a recent Massachusetts Appeals Court decision, it is less than previously thought. In Green v. Zoning Board of Appeals of Southborough, the Appeals Court decided that a use variance had not lapsed even though the developer was still working through the permitting process for other necessary approvals.

The developer, Park Central, sought and obtained a use variance from the Zoning Board of Appeals of Southborough (the "Board"). The Board granted the use variance subject to 16 conditions, including a condition that the variances was not "effective" until Park Central obtained a comprehensive permit for the project. The Board's decision was not appealed, and Park Central recorded the decision.