The regulations outlined in this section apply to all applications
under these Regulations.
The Board may waive strict compliance with specific provisions
of these Regulations in accordance with the rules described below.
3.4.1 Application for a Waiver. An applicant requesting a waiver must submit
the following with the application:
1. A written request that identifies the specific provision of these
Regulations for which the waiver is requested; and
2. A narrative statement explaining how granting the waiver would be
in the public interest and consistent with the intent and purpose
of the Zoning Bylaw.
3.4.2 Effect of Not Requesting or Granting a Waiver. If a request for a
waiver is not submitted and one or more features of an application
do not follow these Regulations, or the Board does not grant the waiver,
noncompliance may be the basis for disapproval of the application.
3.4.3 Decision on Request for a Waiver. The Board may make its approval
of a waiver dependent on conditions that will achieve the objectives
of the provision or standard waived. If the Board waives any provision
or standard of these Regulations, it must:
1. Determine that its action is in the public interest and not inconsistent
with the intent and purpose of the Zoning Bylaw and of these Regulations;
and
2. Include specific reasons for its action in the decision approving
the application.