Code of Massachusetts Regulations
521 CMR - Architectural Access Board
Title 521 CMR 4 - Appeal and Variance
Section 4.1 - VARIANCES

Universal Citation: 521 CMR 4 MA Code of Regs 4.1

Current through Register 1531, September 27, 2024

Application: An owner or an owner's representative or tenant who thinks that full compliance with 521 CMR is impracticable may apply to the Board for a variance from 521 CMR. Application for a variance shall be made on a form provided by the Board for this purpose, shall contain such information as is required by the Board, and shall be signed by the applicant.

4.1.1 Board Action: Upon receipt of an application for variance, the Board shall send a copy of the application to the local building inspector, the local disability commission and the independent living center for their input. The Board shall also investigate the matter and may:

a. grant the application with whatever conditions it deems appropriate or deny the application without a hearing. Any person aggrieved by the Board's action under 521 CMR may request an adjudicatory hearing within 30 days of the decision;

b. schedule a conference to consider the simplification or clarification of the issues and/or the possibility of an agreement disposing of all or any matters as may aid in the disposition of an adjudicatory proceeding. Those matters agreed upon by the parties shall be electronically recorded and/or reduced to writing and shall be signed by the parties, and shall thereafter constitute a part of the record;

c. commence an adjudicatory hearing in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02: Standard Adjudicatory Rules of Practice and Procedure, as stated in the hearing notice.

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