Frequently Asked Questions

Construction and other activities that are completed during the pending appeal period for any permit or approval are always "at-risk". Although the Town of Pelham will issue approvals and permits, an appeal can result in a halt to construction and, in some cases, removal of construction in furtherance of a permit that is overturned or revoked.

Almost any decision made by the Planning Board, Zoning Board of Adjustment, Zoning Administrator, and the Building Inspector can be appealed. Although the reviewing authority, time frames, and processes are different, it is important to note that an appeal can occur regarding almost all local actions. Such decisions include but are not limited to: Planning Board Site Plan and Subdivision Approvals and Special Use Permits; Zoning Board of Adjustment Variances, Special Exceptions, and Appeals from Administrative Decisions; and Building Permits and Administrative Decisions of the Zoning Administrator (Planning Director) or Building Inspector can also be appealed.

For all appeals, time is of the essence. On December 17, 2009, this document was revised to reflect a 12/14/09 change to the ZBA Bylaws that makes all appeal periods thirty days regardless of which Town official or land use board arrived at the approval, denial, or administrative decision being appealed. As with all appeals, we recommend that consultation with an attorney be considered to ensure compliance with these requirements.

Although an attorney is not required to file any local appeal, it is strongly recommended that legal counsel be sought, as these processes require careful attention to detail and legal requirements. Attorneys specializing in land use and municipal law can be found in the phone book and by contacting the New Hampshire Bar Association in Concord.

Staff of the Town of Pelham can provide objective information regarding the process and copies of public documents that are part of the file in the matter. In terms of strategy and legal rights, such matters should only be discussed with your attorney and cannot be provided by Town of Pelham staff.