Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012


1.11: Variances

  1. Applicants may seek relief from specific dimensional requirements of the By-Laws. A variance Submission may stand as a separate component or as a component within a Unified Permit. In either case, the DEC must consider and vote on the variance separately and must do so before voting on the Submission. A Permit shall not be granted if a required variance has not been approved.

    The grounds for granting a variance are as follows:

      (a) circumstances inherent in the individual property in question would render literal enforcement of the By-Laws as causing substantial hardship;

      (b) the granting of the variance will not cause substantial detriment to the public good; and

      (c) the granting of the variance will not substantially negate the purposes of the By-Laws or Regulations. Use variances are prohibited.

  2. A majority vote of the full membership--seven (7) votes--is required for the granting of a variance. A variance must be exercised within one (1) year of its granting, unless an extension for one six (6) month period is allowed by the DEC for good cause and upon receipt of a written extension request from the Applicant. If authorized by the DEC, such extensions may be granted by the Director. See By-Laws, Article IV, Section A for additional requirements for variances.

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