§ 135-406. Variances.

A. 

When, in its judgment, the public welfare and convenience will be substantially served and where the status of the neighborhood will be improved, the Zoning Board of Appeal (permit granting authority) may, after a public hearing and subject to such terms and conditions as it may impose, vary the application of this chapter as follows: Allow variance from the applicable provisions of this chapter if the permit granting authority finds that a literal enforcement of the provisions of this chapter would involve substantial hardship to the petitioner, financial or otherwise, owing to site-specific soil conditions, shape or topography of land or structures which do not generally affect the zoning district in which it is located 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 this chapter.

B. 

The Zoning Board of Appeal (permit granting authority) shall hold a public hearing in accordance with the provisions of MGL c. 40A. The Zoning Board of Appeal (permit granting authority) shall give notice as required by MGL.

C. 

If the rights authorized by a variance are not exercised within one year of the date of granting of such variance, such rights shall lapse. However, the permit granting authority in its discretion and upon written application by the grantee may extend the time to exercise such rights for a period not to exceed six months. The application for such extension shall be filed with the permit granting authority prior to the expiration of the one-year period. If the permit granting authority does not grant such extension within 30 days of the date of application for extension, the extension shall be deemed denied.

D. 

No variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located. However, such variances properly granted prior to January 1, 1976, but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.

E. 

The Zoning Board of Appeal (permit granting authority) shall not take final action on a request for a variance or on a request for action on a nonconforming use until the Planning Board has submitted to the Zoning Board of Appeal (permit granting authority) in writing a report with recommendations on the matter or until the expiration of 30 days from the date of notice to the Planning Board.