The Planning Board is authorized and empowered pursuant to § 278 of the Town Law to modify certain provisions of the Zoning Law as allowed in § 240-36 below, simultaneously with the approval of any subdivision application within the Town.
The Planning Board may consider or require applications for
minor subdivisions which include the following deviations from the
Zoning Law for the following purposes:
A.
To eliminate side and rear yard requirements to allow for innovative
attached housing types.
B.
To reduce side and rear yard requirements for existing structures
where, in unique and special circumstances, it will result in the
more efficient use of land.
C.
To reduce road frontages to allow culs-de-sac and in cases of density transfers as outlined in Subsection D below.
D.
To allow for the transfer of the overall density of a subdivision
through allowing some parcels or lots smaller than the minimum lot
size requirements of the Zoning Law, where all such reductions are
compensated for by a corresponding increase in the lot size of one
or more parcels or lots in the subdivision above the minimum lot size
of the requirements of the Zoning Law.
