Can the zoning board refuse to grant variances?

Response from the Solicitor:

Yes and No.  The question before the Zoning Board of Review is not whether to “grant” variances, but to provide to the EFSB an “advisory opinion”.  This is different than a granting or denying a variance.  As a result, the normal process of appealing the Zoning Board decision does not apply.  That is because there will be no “decision” from the Zoning Board, only an “advisory opinion” to the EFSB. The EFS Act, gives the EFSB the sole power whether to grant a permit for the siting and construction of this power plant.  The granting of such a permit by the EFSB acts as a GRANT of all variances and special permits required for its siting and construction.