Ayer, Mass., Code of Bylaws ch 380 § 380-13
Variances (Ayer Hotel and Motel Regulations)
Operative Text
A. The Board of Health may grant a variance from the provisions of this regulation, provided that the applicant can demonstrate that: (1) The enforcement thereof would impose a substantial hardship; and (2) The same degree of health and/or environmental protection required under this regulation can be achieved without strict application of the particular section. B. Every request for a variance shall be made in writing and shall state the specific variance sought and the reason therefor. No variance shall be granted unless the applicant has provided, at the applicant's expense, notice to all abutters, owners of land directly opposite on any private or public street or way, and abutters to abutters within 100 feet, and by publication in a newspaper of general circulation in the Town, once, at least 10 days before the Board of Health hearing at which the variance application will be heard. C. Every variance granted by the Board of Health shall be in writing and may include such conditions, safeguards and limitations as the Board of Health deems necessary to protect public health, safety, and welfare. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of the variance shall be provided by the applicant to all abutters.
Section 380-13 of Ayer's Code of Bylaws establishes a formal process by which the Board of Health may grant relief from the strict requirements of Chapter 380 regulations. A variance is only available when the applicant shows that following the rule would create a substantial hardship and that the underlying level of health and environmental protection can still be met another way. Both approvals and denials must be issued in writing, and any variance granted may carry conditions the Board deems necessary to protect public health, safety, and welfare.
Plain English — not legal advice.
Property owners and managers subject to Chapter 380 regulations in Ayer who believe strict compliance would impose a substantial hardship may apply to the Board of Health for a variance under § 380-13. A compliant applicant submits a written request specifying the variance sought, arranges and pays for notice to all qualifying abutters and publication in a local newspaper at least 10 days before the hearing, and provides a copy of any granted variance to all abutters. Operators who receive a variance should retain the written decision and observe any conditions or limitations the Board has attached to it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 380-13 of Ayer's Code of Bylaws, the Board of Health has the authority to relax specific Chapter 380 requirements for a property, but only after a public process that includes written notice to neighbors and a hearing. Tenants who live near a property for which a variance is being sought may be entitled to receive notice as abutters or abutters-to-abutters within 100 feet, giving them an opportunity to participate in the Board of Health hearing. Those with concerns about a granted variance or its conditions can review the written decision—which must state any limitations imposed—and may contact the Ayer Board of Health or a local tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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