10- 144 C.M.R. ch. 205, § 4 - NON-CONFORMING USAGE

4.A. Requests: Any property owner or lessee may request the Department for permission to use such property in a manner otherwise prohibited by these rules.

4.B. Burden of proof: The burden of proof shall be upon the applicant to demonstrate by substantial evidence, that:

4.B.1. Hardship: Strict compliance with the rules and standards would, because of exceptional or unique conditions of topography, access, location, shape, size, or other physical features of the site, cause unusual hardship or extraordinary difficulties, provided that the unusual hardship or extraordinary difficulties claimed as a ground for variance have not been created by the owner or a predecessor in title;

4.B.2. Intent: The proposed development is in keeping with the general spirit and intent of this chapter; and

4.B.3. Public interest: The public interest is otherwise protected.

4.C. Issuance: The Department may issue a variance only after having made written findings of fact and conclusions indicating that the applicant has met the burden of proof of Section 4-B. The variance may be issued upon such terms and conditions as the Department deems appropriate. If the variance is not issued as requested, the Department shall provide the applicant with written notice of the reason therefor.

Notes

10- 144 C.M.R. ch. 205, § 4