974 CMR 1.11 - Variances

(1) Applicants may seek relief from specific dimensional requirements of the By-laws. A variance Submission may stand as a separate component or as a component within a Unified Permit. In either case, the DEC must consider and vote on the variance separately and must do so before voting on the Submission. A Permit shall not be granted if a required variance has not been approved.

The grounds for granting a variance are as follows:

(a) circumstances inherent in the individual property in question would render literal enforcement of the By-laws as causing substantial hardship;

(b) the granting of the variance will not cause substantial detriment to the public good; and

(c) the granting of the variance will not substantially negate the purposes of the By-laws or 974 CMR. Use variances are prohibited.

(2) A Majority Vote of the Full Membership. Seven votes is required for the granting of a variance. A variance must be exercised within one year of its granting, unless an extension for one six month period is allowed by the DEC for good cause and upon receipt of a written extension request from the Applicant. If authorized by the DEC, such extensions may be granted by the Director. See By-laws, Article IV, Section A for additional requirements for variances

Notes

974 CMR 1.11