[HISTORY: Section 11 of the Plainville Board of Health Regulations.
Amendments noted where applicable.]
The Board of Health may vary the application of any of these
Board of Health rules and regulations (Division 5 of the Code of the
Town of Plainville) with respect to any particular case when, in its
opinion, the enforcement thereof would be manifestly unjust, considering
all the relevant facts and circumstances of the individual case; and
the person requesting the variance has established that an equivalent
level of public health and environmental protection will otherwise
be provided without strict application of the provisions for which
the variance is sought.
For new construction, enforcement of the provision from which
a variance is sought must be shown to deprive the applicant of substantially
all beneficial use of the subject property in order to be manifestly
unjust.
Every variance request shall be in writing and shall make reference
to the specific regulation for which a variance is sought, and a statement
which provides evidence of the conditions stated above.
No application for a variance shall be considered complete until
the applicant has notified all abutters by certified mail, return
receipt requested, 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 regulation
from which the variance is sought, a statement of the required standards,
and the date, time and place where the application will be discussed.
Any variance allowed by the Board of Health shall be in writing.
Any denial of the variance shall also be in writing and shall contain
a brief statement of the reasons for denial. When, in its opinion,
it is in the public health interest, the Board may require that the
variance granted be placed on record by a document filed at the Registry
of Deeds.
Any variance or other modification authorized to be made by
these regulations may be subject to such qualification, revocation,
suspension or expiration as the Board of Health expresses in its grant.
A variance or modification authorized to be made by these regulations
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.
