SAMPLE REPORT

This is what you get.

When the plan breaks a rule: which approvals, the legal tests, the odds and the timeline. Every report follows this format — easy to read first, details underneath. The numbers belong to the sample, not to you.

ADU report$395Addition report$395Lot report$650Relief research+$350

Bircch

CanIBuildThis.com

SAMPLE — ILLUSTRATIVE PROPERTY

Special Permit & Variance Research

Relief add-on to the addition report · 22 Oak Hill Road, Paxton, Massachusetts

Report no.SR-2026-0212-R
Date preparedOctober 16, 2026
Prepared forSample Homeowner
Question asked"How do we get the two-car garage approved?"
01THE BOTTOM LINE
2 APPROVALS NEEDED · ODDS: GOOD AND FAIR

Your full plan needs two decisions from the Zoning Board of Appeals.

The second story needs a Section 6 finding — likely to be granted. The two-car garage needs a variance — possible, because of the ledge on the other side of the house, but not a sure thing. Both can be asked for in one application and one hearing.

IN PLAIN ENGLISH — THE SHORT VERSION

  • LIKELYSecond story: boards grant these often for older homes like yours.
  • POSSIBLETwo-car garage: a variance — the ledge outcrop is your strongest argument.
  • TIMINGAbout 3–4 months from filing to a decision you can build on.
  • PLAN BA one-car garage needs no variance at all.
02WHAT STANDS IN THE WAY
THE RULEWHAT IT REQUIRESYOUR PLANRESULT
Front setback — 2nd storyHouse is 32 ft back; rule is 40 ftSection 6 findingLIKELY
Side setback — garageGarage at 12 ft; rule is 20 ftVariancePOSSIBLE

Both go to the Zoning Board of Appeals (ZBA). Bylaw sections shown in a real report; sample town: Paxton.

03RELIEF #1 — THE SECOND STORY (SECTION 6 FINDING)

What the board must decide: that the new floor is "not substantially more detrimental to the neighborhood" than the house is today (M.G.L. c. 40A §6).

Why the odds are good: the second story adds height, not a closer wall; at about 24 ft it stays well under the 35 ft height limit; and several homes on the street are already two stories. Show the board photos of those neighbors.

04RELIEF #2 — THE GARAGE (VARIANCE)

A variance is harder. Under M.G.L. c. 40A §10, the board can only grant one if all three of these are true:

TEST 1

Something unique about the land

The problem comes from this lot's soil, shape or slope — not from the neighborhood in general. Your case: a ledge outcrop covers the west side of the lot, the only other place a garage could go.

TEST 2

A real hardship

Because of that, following the rule strictly causes substantial hardship. Your case: without the side location there is no place on the lot for covered parking for two cars.

TEST 3

No real harm

Granting it won't substantially hurt the neighbors or undercut the purpose of the bylaw. Your case: the neighbor's house sits 60 ft from the shared line; a letter of support helps.

WHAT DOESN'T COUNT

Wanting a bigger garage

Boards cannot grant a variance just because a plan is preferred or the owner would lose money. Build the case on the ledge, not on convenience.

Honest odds: fair.

The ledge is a genuine, lot-specific reason — that is what the law looks for. A board may still ask you to narrow the garage (for example, to 14 ft from the line instead of 12). Ask for the smallest garage that works: a smaller request is easier to approve.

05WHAT YOUR APPLICATION MUST SHOW
1

Certified plot plan — existing and proposed, with every setback measured

2

Building drawings — elevations showing the new height and the garage

3

Photos — the ledge outcrop, and the two-story homes on the street

4

A short written statement — one paragraph for each of the three variance tests and for the Section 6 finding

5

Certified abutters list — from the assessor — everyone within 300 ft gets notice

6

Application form and filing fee — filed with the ZBA and stamped by the town clerk

06HOW LONG IT TAKES
1

Filing — application stamped in at the town clerk

2

Public hearing — must open within 65 days of filing; notice is mailed to neighbors and printed in the paper twice

3

Decision — within 100 days of filing for the variance; within 90 days of the hearing for the finding

4

20-day appeal period — starts when the decision is filed with the town clerk

5

Record it — at the Registry of Deeds — the approval doesn't take effect until you do

6

Use it — a variance lapses if not used within 1 year — pull the building permit promptly

07IF THE BOARD SAYS NO

OPTION A

Build the one-car garage

At 16 ft wide it meets the 20 ft side setback — just a building permit.

OPTION B

Detached garage in the back yard

Accessory buildings in this sample bylaw need only 10 ft from side and rear lines.

Research only: we lay out the route and what the board will look for. The board makes the decision, and nobody can promise its answer.

Prepared by Bircch

CanIBuildThis.com · buildability answers for whatever you're planning

Sample report for an illustrative property; bylaw numbers shown are examples. A real report cites your town's bylaw sections and your parcel's records. Not legal advice and not a zoning determination.

Want this for your address?

Ask about a report — you'll get the scope and the price before you pay a thing.

Ask about a report