The Board of Health may vary the application of any provision
of any regulations adopted by the Board of Health with respect to
any particular case when, in its opinion, the enforcement thereof
would do manifest injustice; provided that the decision of the Board
of Health shall not conflict with the spirit of any minimum standard
established by the regulations adopted by the Board of Health. Any
variance granted by the Board of Health shall be in writing. A copy
of any such variance shall, while it is in effect, be available to
the public at all reasonable hours in the office of the Town Clerk,
or in the office of the Board of Health, and notice of the grant of
variance shall be filed with the Commissioner of Public Health of
the Commonwealth.
Any variance or other modification authorized to be made by
this article may be subject to such qualification, revocation, suspension,
or expiration as the Board of Health expresses in its grant. A variance
or other modification authorized to be made by this article may otherwise
be revoked, modified, or suspended, in whole or in part, only after
the holder thereof has been notified in writing and has been given
an opportunity to be heard, in conformity with the requirements for
an order and hearing in 105 CMR 400.400.