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MapLink™ | Procedures | Variances

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(a) Where a building or occupancy permit is not applied for or is refused because of nonconformance to the terms of this Ordinance, the applicant may apply or appeal to the Board of Appeals for the authorization of a variance, subject to the provisions of § 9.15: Conditions for approval of a variance of this Zoning Ordinance.
(b) Each application or appeal for a variance from the specific terms of this Zoning Ordinance shall include a written statement justifying the appeal on the basis that all of the following conditions are met, as required by Chapter 40A, Section 10 of the General Laws of Massachusetts.
(1) The variance is sought because of circumstances relating to the soil conditions, shape, or topography of such land or structures, and especially affecting such land or structures but not affecting generally the zoning district in which it is located.
(2) Literal enforcement of the Zoning Ordinance would involve a substantial hardship, financial or other, to the appellant.
(3) Desirable relief may be granted without substantial detriment to the public good.
(4) Desirable relief may be granted without nullifying or substantially derogating from the intent of this Zoning Ordinance.

Conditions for approval of a variance.
(a) Before a variance may be authorized, the Board of Appeals shall, as required by Chapter 40A, Section 10 of the General Laws of Massachusetts, find that all of the conditions of said section, as summarized in § 155-9.14(b) of this Zoning Ordinance have been met.
(b) The Board of Appeals shall impose such limitations on time and use or such other conditions as it may deem desirable to protect the public interest and to ensure that the variance granted is not greater in degree or duration than is justified by the hardship to be relieved.
The Board of Appeals shall not impose conditions, safeguards or limitations based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.
(c) The Board of Appeals shall record its findings regarding each of the conditions in Paragraphs (a) and (b) of this § 9.15: Conditions for approval of a variance.
(d) Variances granted prior to the effective date of any provision of this Zoning Ordinance but limited in time may be extended on the same terms and conditions that were in effect for such variance upon said effective date.
(e) The decision of the Board of Appeals shall be made within 100 days after the date of filing with the City Clerk of an application for a variance. Failure of the Board of Appeals to act within 100 days shall be deemed to be a grant of the petition, unless the deadline is extended in accordance with § 155-9.04(f).

Lapse of variance.
If the rights authorized by a variance are not exercised within one year of the date of grant of such variance they shall lapse and may not be re-established except after notice and a new hearing under § 9.04: Application and hearing procedures for special permits and variances.

Special permits and variances: effective dates. See Special permits and variances; withdrawal without prejudice; reconsideration for detailed information.
Special permits and variances; withdrawal without prejudice; reconsideration. See § 9.18: Special permits and variances; withdrawal without prejudice; reconsideration for detailed information.

See Permits, Licensing, and Applications for detailed information.