A property owner may petition the Board of Appeals for relief from the zoning by-Law’s building regulations. A variance may be granted only upon the petitioner demonstrating:
- Special circumstances relating to the soil conditions, shape or topography of the land or structures make the literal enforcement of the zoning regulations a substantial hardship;
- Desirable relief may be granted without detriment to the public good; and
- The granting of the variance would not nullify or substantially derogate from the intent of the Zoning By-Laws.
Satisfaction of these three legal requirements (MGL Ch. 40A, Sec. 10) must be made at the public hearing before the Board will grant a variance request.