Williamstown, Mass., Code of Bylaws ch 154 § 154-9
Variances (Williamstown Rental Property)
Operative Text
A. Applicant. The owner, manager or person in charge of a dwelling or rooming unit may make written application to the Board of Health for a variance from these regulations. Each request for a variance shall state the specific variance sought and the reasons therefor. B. Public hearing. Every variance is subject to a public hearing. Notice of a hearing upon an original application for a variance shall be posted as part of the public notice of the Board of Health meeting at which the Board of Health will consider the application. The notice shall be posted not less than one week before the meeting. Notice also shall be given to all affected occupants. C. Procedure. (1) By vote of a majority of its full authorized membership, the Board of Health may vary the application of any provision of these regulations with respect to any particular case in which, in the Board of Health's opinion, all of the following requirements are fulfilled: (a) The enforcement of the regulation would do manifest injustice. (b) The applicant has proved that the same degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. Where required, an alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board of Health. (c) The variance would not conflict with the spirit of the minimum standards prescribed by Chapter II. (2) A variance may be granted subject to appropriate conditions, including, but not limited to duration. D. Variance in writing. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons therefor. A variance is not effective until it is filed by the owner in the Registry of Deeds for the county.
Section 154-9 of Williamstown's Code of Bylaws establishes a formal process by which the Board of Health may grant exceptions to the town's dwelling and rooming unit regulations. A variance can only be approved if enforcing the standard rule would cause clear injustice, an equivalent level of public health and safety protection can be demonstrated without strict compliance, and the exception does not undermine the minimum standards set by Chapter II. Any approved variance must be documented in writing and recorded at the county Registry of Deeds before it takes legal effect.
Plain English — not legal advice.
Under CH. 154 § 154-9, property owners or managers who believe a specific regulation creates a manifest injustice in their particular circumstances may submit a written variance application to the Williamstown Board of Health, clearly identifying the provision at issue and the justification for relief. Compliant operators typically prepare documentation showing that an alternative approach achieves the same degree of public health and safety protection, and they attend the required public hearing where affected occupants are also notified. If the Board grants the variance, operators generally ensure it is filed with the county Registry of Deeds, since the variance has no legal effect until that filing is complete.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 154 § 154-9 gives occupants of affected dwellings or rooming units the right to receive notice of any public hearing held on a variance application that could change how housing regulations apply to their home. Tenants can attend that Board of Health hearing and present their views, since the Board must weigh whether the proposed variance conflicts with the minimum standards of Chapter II and whether public health and safety are genuinely maintained. Those who believe a granted variance was improperly issued or affects their living conditions may wish to contact a local tenant-rights organization or consult with an attorney familiar with Massachusetts housing law for guidance on 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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