ARTICLE 8 - WAIVERS AND MODIFICATIONS

 

8.1          Waiver or modification of regulations

 

8.1.1       The Planning Board shall have the authority to waive or modify any procedural or substantive provision of these regulations if the waiver is reasonable and within the general purposes of these regulations contained in section 1.2.

 

8.1.2       A request for a waiver or modification shall be made in writing. The request shall be submitted with the master plan application unless the need for the waiver or modification did not become apparent until later in the review and approval process. 

 

8.1.3       When approving a waiver or a modification of these regulations, the Planning Board must find that at least one of the following criteria has been satisfied:

 

a)   Literal enforcement of the regulation is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question, or

 

b)   Waiver or modification of the regulation is in the best interest of good planning practice or design and is consistent with the Comprehensive Plan and the purposes of zoning.

 

8.1.4       The Planning Board's decision to approve or to deny a waiver or modification shall be in writing and shall be recorded in the land evidence records within thirty-five (35) days after the planning board vote. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the Administrative Officer.

 

(Adopted 9/9/03, amended 10/12/10)

 

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