[Adopted 12-15-2021]
A. 
The Boxford Board of Health may vary the application of any provision of Regulation 2-96 (Town Code Chapter 201, Articles I through VI) with respect to any particular case. Variances shall be granted only when, in the opinion of the Boxford Board of Health:
(1) 
The person requesting a variance has established that enforcement of the section of Regulation 2-96 (Chapter 201, Articles I through VI) from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and
(2) 
The person requesting a variance has established that a level of environmental protection that is at least equivalent to that provided under Regulation 2-96 (Chapter 201, Articles I through VI) can be achieved without strict application of the provision of Regulation 2-96 (Chapter 201, Articles I through VI) from which a variance is sought.
B. 
With regard to variances for new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of all beneficial use of the subject property in order to be manifestly unjust.
A. 
The Boxford Board of Health shall review request for variances as follows:
(1) 
Every request for a variance shall be made in writing on a form provided by the Board of Health and shall make reference to the specific provision of Regulation 2-96 (Chapter 201, Articles I through VI) for which a variance is sought and a statement is in compliance with § 201-22.
(2) 
The Board will notify the applicant of a date for a hearing to consider the variance within 45 days of receiving said request.
(3) 
No application for a variance shall be complete until the applicant has notified all abutters by mail, at his/her own expense at least 10 days before the Board of Health meeting at which the variance request will be on the agenda. The notification shall reference the specific provisions of Regulation 2-96 (Chapter 201, Articles I through VI) from which a variance is sought, a statement of the standards set forth in Regulation 2-96 and the date, time and place where the application will be discussed. Proof of mailing to each abutter must be submitted to the Board prior to the variance hearing.
B. 
The Board of Health shall make a determination on the variance request within 30 days following the variance hearing.
C. 
Any variance allowed by the Boxford Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall be available to the public at all reasonable hours in the office of the Board of Health while it is in effect.