24D-292 Variance 40A section 105/10/2018 Section 10
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section10 1/2
Part I ADMINISTRATION OF THE GOVERNMENT
Title VII CITIES, TOWNS AND DISTRICTS
Chapter 40AZONING
Section 10 VARIANCES
Section 10. The permit granting authority shall have the power after
public hearing for which notice has been given by publication and
posting as provided in section eleven and by mailing to all parties in
interest to grant upon appeal or upon petition with respect to particular
land or structures a variance from the terms of the applicable zoning
ordinance or by-law where such permit granting authority specifically
finds that 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 provisions of the ordinance or by-law
would involve substantial hardship, financial or otherwise, to the
petitioner or appellant, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of such ordinance or
by-law. Except where local ordinances or by-laws shall expressly permit
variances for use, no variance may authorize a use or activity not
otherwise permitted in the district in which the land or structure is
5/10/2018 Section 10
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section10 2/2
located; provided however, that such variances properly granted prior to
January first, nineteen hundred and seventy-six but limited in time, may
be extended on the same terms and conditions that were in effect for such
variance upon said effective date.
The permit granting authority may impose conditions, safeguards and
limitations both of time and of use, including the continued existence of
any particular structures but excluding any condition, safeguards or
limitation based upon the continued ownership of the land or structures to
which the variance pertains by the applicant, petitioner or any owner.
If the rights authorized by a variance are not exercised within one year of
the date of grant of such variance such rights shall lapse; provided,
however, that the permit granting authority in its discretion and upon
written application by the grantee of such rights may extend the time for
exercise of such rights for a period not to exceed six months; and
provided, further, that the application for such extension is filed with
such permit granting authority prior to the expiration of such one year
period. If the permit granting authority does not grant such extension
within thirty days of the date of application therefor, and upon the
expiration of the original one year period, such rights may be
reestablished only after notice and a new hearing pursuant to the
provisions of this section.