§ 131-61.2 - Waivers.

§ 131-61.2 - Waivers.

The Board may grant waivers of any design requirement of the Subdivision Regulations in accordance with the following:

  1. The applicant shall provide a written request for waiver, on a form provided by the Town.
  2. In evaluating a request for waiver, the Board shall not grant the waiver unless it finds, based upon evidence presented to it, that:
    1. granting of the waiver shall not be detrimental to the public health, safety or general welfare;
    2. granting of the waiver shall not, in the opinion of the Board, be injurious to other parties;
    3. granting of the waiver shall not have the effect of nullifying the intent and purpose of these regulations; and
    4. strict compliance with the regulations would cause a hardship to the applicant solely because of unique physical characteristics of the site; or
    5. alternative design standards which are independently and scientifically derived are provided to the Board at least one week prior to the public hearing, and, in the Board's opinion, the alternative standard would better accomplish the intent of these regulations for this specific case; or
    6. the Board determines that granting the waiver would result in substantial public benefit, and would not constitute a nuisance or hazard, nor be detrimental to other properties in the neighborhood.
  3. A waiver request shall be considered only at or after a noticed public hearing by the Planning Board on the subject application is held and the waiver request is presented or discussed so that abutters have an opportunity to be made aware of all waiver requests.
Waivers.

part number

131-61.2