Amendment ID: S2311-33-R1

Redraft Amendment 33

Practical Difficulty Standard

Mr. Tarr moves to amend the bill in section 22, by striking out the second paragraph and inserting in place thereof the following paragraph:-

“In making its determination, the permit-granting authority shall take into consideration the benefit to the applicant if the variance is granted as well as the detriments to the health, safety and welfare of the neighborhood or community if the variance is granted.  The permit-granting authority shall also consider if: (i) the benefit sought by the applicant can be achieved by another method feasible for the applicant to pursue, other than a variance; (ii) the variance will have a disproportionately adverse effect on nearby properties, the character of the neighborhood or the environment; (iii) the variance will nullify or substantially derogate from the intent or purpose of the ordinance or by-law or a master plan under section 81D of chapter 41 if a master plan is in effect; and (iv) the claimed difficulty relating to the property in question is unique and does not also apply to a substantial portion of the district or neighborhood.  The permit-granting authority may also take into consideration the extent to which the claimed difficulty is self-created and may base a denial solely upon a finding that the claimed difficulty is self-created. In the granting of variances, the permit-granting authority shall grant the minimum variance that it deems necessary to relieve the difficulty.