SECTION VI: EXEMPTIONS
See also Aquifer Protection District (Sect. IV L) Floodplain District (Sect. IVM), and River Protection District (IV P).
B. Variances
- A variance is a license to do something contrary to law. Variances shall be granted only as provided in MGL 40A, Sec. 10. [MGL 40A, Sec. 10 provides that a variance may be issued only if all four of the following findings are made:
- There are circumstances relating to soil conditions, shape, or topography which especially affect the land or structure in question, but which to not affect generally the zoning district in which the land or structure is located.
- Due to those circumstances especially affecting the land or structure, literal enforcement of the provisions of this By- Law would involve substantial hardship, financial or otherwise, to the petitioner or applicant.
- Desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of this By-Law.
- Desirable relief may be granted without substantial detriment to the public good.]
- [MGL 40A, Sec. 10 also provides as follows:
- The ZBA may impose conditions, safeguards, and limitations both of time and of use on a variance, but none based on continuous ownership of the land or structure to which the variance applies.
- Variances granted prior to January 1, 1976 which were limited in time may be extended on the same terms and conditions.
- Rights granted by a variance but not exercised within a year of the date of granting shall lapse.]
- The permit granting authority for variances shall be the Zoning Board of Appeals.
- No use variances shall be granted.
- Procedures for variances shall be as provided in MGL 40A, Sections 10 & 11.[& 14]
[Procedures for variances are much the same as for special permit (V-C), except that the decision must be filed with the Town Clerk within 100 days of the filing of the application with the Town Clerk.]