ZBA Hearings/Decisions - 2022

June 2022 -- Application of 0 Bryant Road LLC for a special permit for a marijuana establishment as provided by Section 10-50 of the zoning bylaw. Click Here

May 2022 -- Application by Barbara Skelley, and the Center for Rehabilitation of Wildlife, Inc. (CROW) to discuss whether or not CROW needs to apply for a special permit in order to offer rehabilitative services to wildlife, a thrift store, etc., at its 790 Berkshire Trail property.

ZBA Hearings/Decisions - 2021

October 2021  - Application by Adam Higgins to construct a building for a portable bandsaw on 428 Cummington Road and a request for variance from the dimensional setback requirements of the zoning bylaw and the ZBA decision. Click here.

June 2021 -- The ZBA recently handed down its decision on the special permit application for Jasa Farms for a special permit for a recreational cannabis cultivation facility to be located on Bryant Road. Click here.

May 2021 - Jasa Farms Application. Click here.

ZBA Hearings/Decisions - 2019

April 2019 -- The ZBA recently handed down its decision on the special permit application for a firewood processing facility by Roger Wolf for his property on Stage Road. For full PDF of this decision, click here.

March 2019 -- The ZBA recently handed down its decision on the special permit application by Justincredible Cultivation LLD "to repurpose a storage facility into a recreational cannabis cultivation facility" located on 116 Powell Road. For full PDF of this decision, click here.

January 2019 --This Decision does not become final until February 21st; or if appealed, until after the appeals process has been completed. 

Click here for link to minutes.  Click here for link to signature page.

Instructions and Procedures for Applying for Special Permits, Variances, or Appeals

Download Application Form

1. Obtain/download this 4 page Application Packetwith instructions. These are available in the vestibule of the Community House, or www.cummington-ma.gov/
2. Please complete "Application For Special Permit, Variance, or Appeal"; (page 2). Assessors' Map and Lot numbers can be found on a recent Tax Bill or acquired from the Board of Assessors. The Assessors meet on the 2^nd  and 4^th  Mondays of each month, 5:30 pm, at the Community House. Assistant’s hours are Monday’s 9:30 – 11:30 am (or call 200-5010).
3. Please complete "Assessors' Notification" (page 3).
4. Please prepare a scale drawing of the property. Include all buildings and structures, and identifying features such as streets, driveways, parking spaces, rivers or streams, stonewalls, sign locations, etc. If your application involves construction it would be helpful if you also submit copies of the Plans used (or that will be used) in your Building Permit application. In general, the more prepared and the more documentation you present, the fewer questions the ZBA will have. Questions that cannot be answered by your presentation at the Hearing often result in a delay of the process.
5. Please call the ZBA Chair or ZBA Clerk, that person will make a quick review of your application to make certain that it is complete. This will only take a moment or two. The ZBA member will not pass judgement on the merits of your application, but simply check to make certain that it is complete. In the past, incomplete applications have had to be returned causing delays of several weeks. This does not benefit anyone, and is extremely frustrating for both the applicant and the ZBA. It is hoped that this procedure will eliminate these situations, although ultimately the responsibility for the completeness of the application still rests with the applicant.
6. After having had your application reviewed by the ZBA Chair or Clerk, please mail or deliver the "Assessors' Notification" (page 3) to the Board of Assessors. The Assessors will then provide a list of abutters to the ZBA.
7. Please bring your Application (page 2) to the Town Clerk. You must also bring a check in the amount of $100.00 made payable to the "Town of Cummington". This is to help defray the cost of publishing the Legal Notice of the hearing in local newspaper(s). Town Clerk's hours are Thursday from 6:00 pm – 7:30 pm at the Community House.
8. A hearing will be scheduled within 65 days of the Town Clerk's receipt of the completed application. The applicant, all abutters, and all town Boards are notified by mail of the time and date of the hearing. Notice of the hearing is also published in the "Legal Notice" section of the local newspaper(s). Hearings take place at the Community House.

After the hearing, the ZBA makes it’s decision within 90 days. The decision is then filed with the Town Clerk within 20 days. Notice of the decision is mailed to all town Boards and abutters. The Town Clerk holds the decision for 20 days to see if anyone appeals it. If the decision is not appealed, the applicant may obtain from the Town Clerk the “Notice for Recording” and take this form to the Registry of Deeds and return a signed copy to the Town Clerk, who then files it with the record of the proceedings.