Section 47 Housing Production - Variance Standard Reform

Said chapter 40A is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-
Section 10. The permit granting authority shall, after a public hearing for which notice has been given by publication and posting as provided under section 11 and by mailing to all parties in interest, 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 if the permit granting authority specifically finds that a strict enforcement of the ordinance or by-law would result in a practical difficulty. In making its determination, the permit granting authority shall weigh the benefits to the appellant or petitioner and to the public interest, including the interest in supporting the production of housing against the detriment to the public health, safety and welfare of the neighborhood, and may also consider: (i) whether the practical difficulty relates to soil conditions, shape or topography of such land or structures; (ii) whether the strict enforcement would impose a financial hardship on the appellant or petitioner; (iii) whether the benefit sought by the appellant or petitioner can be achieved by some other method feasible for the appellant or petitioner to achieve; and (iv) whether the practical difficulty was self-created.
Except where local ordinances or by-laws expressly permit variances for use, no variance may authorize a use or activity other than residential, not otherwise permitted in the district in which the land or structure is located; provided, however, that 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 when it was originally granted. If the rights authorized by a variance are not exercised within 2 years after the variance was granted, which shall not include the time required to pursue other entitlements necessary to construct the project authorized by the variance or await the determination of an appeal referred to in section 17, 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 those rights for a period not to exceed 2 years; and provided further, that the application for an extension shall be filed with the permit granting authority prior to the expiration of the 2-year period. If the permit granting authority does not grant an extension within 30 days of the date of application therefor and, upon the expiration of the original 2-year period, such rights shall only be reestablished after notice and a new hearing pursuant to this section.