§ 99-13. Variances.

A. 

The Board of Health, with the approval of the Chief of the Fire Department, may vary the application of any provision of this chapter, other than the provisions of § 99-14, upon finding that the applicant therefor has conclusively demonstrated that an equivalent degree of environmental protection as would be achieved by strict compliance with the provisions hereof will be achieved.

B. 

An applicant for such variance shall submit an application therefor to the Board of Health and shall file a copy thereof with the Chief of the Fire Department.

C. 

The Board shall schedule a public hearing on the matter within 30 days next following receipt of the application. Notice of the date and time of the hearing and of the matters to be considered thereat shall be published by the Board in a newspaper in general circulation within the Town not less than 10 days prior to such hearing at the expense of the applicant. The applicant shall obtain from the office of the Assessors a certified list of the names of the owners of all property abutting that property with respect to which a variance is sought and shall mail a copy of the notice of hearing published in the newspaper to each of those persons by certified mail, return receipt requested, within three days of the date such notice is published. The applicant shall deliver to the Board at the hearing a receipt from the newspaper evidencing that the bill for advertising has been paid, the certified list of abutters prepared by the Assessors and the post office receipts evidencing that the requirements of notice by mailing have been complied with.

D. 

The Board shall render a written decision setting forth its findings and the reasons therefor within 20 days following the close of the hearing. Such decision shall be filed in the office of the Town Clerk and a copy mailed to the applicant.