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Deverin (D)'Acceptable hardships' are reviewed and scrutinized on an individual basis. In the four years I have served on the ZBA, I have learned that no two cases are alike and there are always exceptions to the rule based on a number of criteria: non-conforming lots, issues of safety, wetlands, prior statutes that were grandfathered in but do not pertain to present times, topography and/or land obstacles. These are all hardships, however, leeway and consideration may be used, along with common sense for the benefit to our community |
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Gouletas (D)I am an alternate on the ZBA and have been called to sit for many meetings. Variances are granted if a petitioner can show s/he is bringing the property into compliance in ways other than the requested variance, or if the variance increases safety. It’s the petitioner’s job to make the best case possible to the ZBA to allow the variance. In order to understand the request, it is our job to review the file, visit the site and hear the petitioner’s presentation. State statute and case law define an acceptable hardship and we make decisions within those parameters. |
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Hood (R)The variance applicant must prove a hardship whereby they cannot reasonably make use of the property when following zoning regulations AND that the variance sought not harm neighbors or the overall zoning regulations. Each property is unique. Typically, hardships arise from the property itself and not from personal or financial considerations. It is possible that the property shape, topography, differing setbacks, safety, proximity to water and FEMA flood areas might play a role in the determination of a hardship. The board has a statuary duty to deliberate on the hardship presented verses conserving public health, safety, welfare and property values. |