Vermont § 2732 - Historic Variance Appeals Board; variances, exemptions

§ 2732. Historic Variance Appeals Board; variances, exemptions

• (a) The Historic Variance Appeals Board is created. The Board shall consist of the following
  three members: the Commissioner of Public Safety or designee, who shall be chair;
  the State Historic Preservation Officer or designee; and a representative of the Vermont
  historic preservation community appointed by the Governor. A Board member who is not
  a State employee shall be entitled to compensation and expenses as provided by 32 V.S.A. § 1010. (b) The Board shall hear and determine all requests for variances or exemptions from the
  rules adopted by the Commissioner under this subchapter for historic buildings and
  structures. A request for a variance or exemption may be granted where an applicant
  has demonstrated that strict compliance would entail practical difficulty, or unnecessary
  hardship, or would damage or destroy the historic architectural integrity of the historic
  building or structure, or is otherwise found unwarranted, provided that: (1) any such variance or exemption secures the public safety and health; (2) any petitioner for such a variance or exemption can demonstrate that the methods,
  means, or practices proposed to be taken in lieu of compliance with the rule or rules
  provide, in the opinion of the Board, equal protection of the public safety and health
  as provided by rule or rules; (3) the rule or rules from which the variance or exemption is sought have not also been
  adopted as a rule or standard under 21 V.S.A. chapter 3, subchapters 4 and 5; and (4) any such variance or exemption does not violate any of the provisions of 26 V.S.A.
  chapters 3 and 20 or any rules adopted pursuant to those chapters. (c) The Board may permit a person seeking a variance or exemption to phase in compliance
  with the rules adopted under this subchapter in lieu of or in addition to granting
  the variance or exemption requested. The period of phased in compliance shall be reasonable
  but shall state a date by which compliance shall be achieved. (d) Any person seeking a variance or exemption for work involving an historic building
  shall file a written request with the Commissioner. The request shall describe the
  rule or rules from which the variance or exemption is sought, the reasons why a variance
  or exemption is sought, and a description as to how any alternative means of protecting
  the public safety and health is to be provided. The Board shall meet and consider
  such requests within 15 working days of the request being filed with the Commissioner.
  In deciding whether to grant or deny the request, the Board shall take testimony or
  receive information from the applicant or his or her representatives, and from Division
  of Fire Safety staff. A decision of the Board based on a majority vote of those members
  present shall be binding. The Board shall issue a written determination granting or
  denying, in whole or in part, any variance or exemption request, or permission to
  phase in compliance, within 60 days of hearing the request. If a grant is conditional,
  the condition shall be clearly stated in writing. Failure to act on a request within
  60 days shall be deemed approval of the request, provided that the public safety and
  health is not imminently threatened. (e) The Board may adopt, amend, or repeal procedural rules to carry out the provisions
  of this section. (f) The Board is attached to the Department of Public Safety for administrative purposes. (g) The Board shall be subject to the requirements of 1 V.S.A. chapter 5, subchapters
  2 and 3. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005; amended 2021, No. 20, § 170.)