Owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the Zoning Bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant; and

Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the land use and environmental objectives of these Zoning Bylaws.

The Board's decision will be based upon a determination that the proposed use as approved or modified satisfies the purpose of § 390-10.1.

A variance is valid for such time and under such conditions as the Board of Appeals determines in its decision. A variance shall not take effect until the Town Clerk has certified, pursuant to MGL c. 40A, § 11, that no appeal is pending. Failure to comply with a variance during development, operation, or use will result in a penalty of $300 for each day of continuing violation, revocation of the variance, or judicial enforcement pursuant to MGL c. 40A, § 7, as amended.