The Commission recognizes that each parcel of property is unique
in location, dimensions, orientation, topography, etc., and the various
factors in the design of subdivisions are variable with relation to
each other and to the above characteristics of the property. Therefore,
in accordance with C.G.S. § 8-26, the Commission may in
its discretion modify or waive, subject to appropriate conditions,
such requirements as, in its judgment of the special circumstances
and conditions, are not requisite to the interest of public health,
safety and general welfare, provided, however, that no such waiver
shall be granted that is not in keeping with the purpose and objectives
of these Regulations. In considering a modification or waiver of these
Regulations, the Commission shall only approve such modification or
waiver upon a finding that all of the following conditions are met:
A.
Conditions exist on the subject property which are not generally
applicable to other land in the Town;
B.
Said conditions were not created by the property owner nor by his/her
predecessor(s) in title, including the first legal split of the property;
C.
The granting of the modification or waiver would be in harmony with
the purpose and intent of these Regulations and the POCD;
D.
The granting of the modification or waiver would not have a significant
adverse impact on adjacent properties' values, or the public
health, safety, and welfare, and would not be in conflict of the recommendations
of the Plan of Conservation and Development, as the same may be amended
from time to time; and
E.
The modification or waiver would not allow an increased number of
lots to be created than otherwise allowed by these Regulations and
the Zoning Regulations.
A.
The Commission may consider the recommendations of the Director of
Planning and Community Development before approving any modification
or waiver of these Regulations.
B.
Any request for modification or waiver under this chapter shall be
set forth in writing in the formal application, and, if granted, shall
be noted on the final plan - approved with a reference to the lot(s)
affected, and the section of these Regulations modified or waived,
and the extent or nature thereof.
C.
In granting or denying any request under this chapter, the Commission
shall state upon the record the reasons for such action.
D.
A public hearing shall be held on any subdivision for which a modification
or waiver of these Regulations is proposed.
E.
In addition to the above requirements, any waiver granted under these
Regulations shall require the affirmative vote of 3/4 of the seated
members of the Commission for approval.
