Where the Planning Board finds that because
of unusual circumstances of shape, topography or other physical features
of the proposed subdivision or because of the nature of adjacent developments,
extraordinary hardship may result from strict compliance with these
regulations, it may waive certain requirements of these regulations
so that substantial justice may be done and the public interest secured,
provided that no such waiver shall be granted which will have the
effect of nullifying the intent and purpose of the Official Map, Zoning
Ordinance,[1] these regulations or ordinances of the town. In granting
changes and modifications, the Planning Board may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so changed or modified.
The standards and requirements of these regulations
may be modified by the Planning Board in the case of a plan and program
for a complete community or other planned development which in the
judgment of the Planning Board provides adequate public spaces and
improvements for the circulation, recreation, light, air and service
needs of the community when fully developed and populated and which
also provides such covenants or other legal provisions as will assure
conformity to and achievement of the plan.
