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Board weighs new "practical difficulty" variance standard in gazebo case
Summary
Board members discussed how to apply a state law (effective July 9) replacing the hardship test with a "practical difficulty" standard when evaluating the gazebo variance request, and opted to apply the new standard at this hearing.
During deliberations on the variance request for 424 Seasons Drive, board members focused significant attention on a recently enacted statute that replaces the traditional "substantial hardship" standard with a more flexible "practical difficulty" test. Tim, a board member, summarized the new standard for the board: "rather than, like, acquiring applicants to demonstrate substantial hardship, the new law replaces that hardship test with a more flexible, practical difficulty test," and said local authorities should balance applicant and public benefits against any detriment to neighborhood health, safety, or welfare.
Chairman Sean Igoe and other members agreed to evaluate the petition under the new criteria at this hearing even though the application was dated June 29 and the law was passed July 9. Board discussion highlighted the factors the statute permits consideration of — site conditions, financial hardship, feasible alternatives, and whether any hardship was self-created — and members concluded that, given the backyard's separation and the cost of moving the hot tub, the petition satisfied the practical-difficulty factors in this case.
The exchange provides the local application of a state procedural change; the board recorded its reasoning in the motion to approve and will include language noting compliance with the newly adopted bylaw in the written decision to be filed with the town clerk.
