The Board of Appeals shall have the power to grant, as an extraordinary
remedy with respect to particular land or structures, but not with
respect to uses, a variance from the terms of these Zoning Bylaws
where the Board finds that:
A.
Owing to circumstances relating to the soil conditions, shape, or
topography of such land or structures and especially affecting such
land or structures but not affecting generally the zoning district
in which it is located, a literal enforcement of the Zoning Bylaw
would involve substantial hardship, financial or otherwise, to the
petitioner or appellant; and
B.
Desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the land use and environmental objectives of these Zoning Bylaws.
A.
The Board's decision will be based upon a determination that the proposed use as approved or modified satisfies the purpose of § 390-10.1.
B.
A variance is valid for such time and under such conditions as the
Board of Appeals determines in its decision. A variance shall not
take effect until the Town Clerk has certified, pursuant to MGL c.
40A, § 11, that no appeal is pending. Failure to comply
with a variance during development, operation, or use will result
in a penalty of $300 for each day of continuing violation, revocation
of the variance, or judicial enforcement pursuant to MGL c. 40A, § 7,
as amended.
