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CITY OF HOLYOKE, MASSACHUSETTS - page 4 / 43

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(3)(a), to grant with respect to a particular project a variance from the terms of the Ordinance.  The Commission shall specifically find based on clear and convincing evidence adduced by the Application that owing to circumstances relating to:

(1)

Soil conditions;

(2)

Hydrological conditions;

(3)

Topography of such land; and

(4)

Affecting such land but not affecting generally the wetlands of the City that a literal enforcement of the provisions of this Ordinance would involve substantial hardship, financial or otherwise, to the applicant, and that desirable relief may be granted without material detriment from the intent or purpose of the Ordinance.

b)

Such variances are intended to be granted only in rare or unusual circumstances.

c)

It shall be the responsibility of the Applicant to provide the Commission with any and all information which the Commission may request in order to enable the Commission to ascertain any such material detriment to the interests of the Ordinance.  Failure of the applicant to provide any of the requested information shall result in a denial of a request for a variance pursuant to this Section.

d)

The Commission may impose conditions, safeguards and limitations in a variance to protect further the interests protected by this Ordinance or the intent or the purpose of this Ordinance.

e)

A variance shall expire on the date specified by the Commission, not later than three years, and may be re-established only after a notice and a new hearing pursuant to this Section.

E.

Burden of Going Forward   The Applicant shall have the burden of going forward by providing credible evidence from a competent source in support of all matters asserted by the applicant in accordance with the burden of proof pursuant to Section I (F).

F.

Burden of Proof    Except as specifically provided elsewhere in these regulations, the applicant shall have the burden of proving by a preponderance of the credible evidence that the activities proposed in the Application will not have a significant or cumulative effect on the interests protected by the Ordinance.  Failure to meet the burden of proof shall be cause for the Commission to deny the Application for Permit along with any work or activity proposed herein.

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