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 hardships may result from strict compliance with these
regulations, it may waive certain requirements of these regulations
so that substantial justice may be done and public interest secured,
provided that no such waiver shall be granted which shall have the
effect of nullifying the intent and purpose of the Official Map, the
Zoning Ordinance,[1] these regulations or ordinances of the Town. In granting
changes and modifications, the Planning Board may require such conditions
as shall, 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 and air and services
the 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.
Whenever a time limit is specified in these
regulations, the Board may extend the limit upon request by the owner,
provided that the Board is legally empowered to do so.
