A.
Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Board, such action is in the public interest and consistent with the intent of the Subdivision Control Law. In making this determination, the Board shall consider whether:
(1)
The public health, safety, and the environment will be protected;
(2)
Strict application of the requirement to be waived would undermine the public interest;
(3)
Specific substitute requirements can be adopted that will result in the substantial protection of the Subdivision Control process established in MGL c. 41 § 81R, and the rights of persons affected by the waiver; and
(4)
The action made possible by the waiver will not violate the provisions of any state of federal law or local bylaw.
B.
The Board is not authorized to waive the requirements of the Easton Zoning By Law.
C.
For each section of these where a waiver is sought, a separate request for a waiver shall be submitted, which shall indicate specifically which section of these Regulations is requested to be waived. Waivers may granted by the Board in whole or in part. Waiver requests shall be submitted to the Department of Planning & Community Development at least 14 business days prior to the hearing date. All requests for waivers shall cite specific reasons why a waiver is necessary and appropriate, and shall include documentation to support such claims. Waivers will not generally be issued for procedural requirements.
D.
Applicants are encouraged to meet with appropriate Town staff to discuss proposed waivers prior to formal submittal.
E.
When a waiver request is approved, the Planning & Zoning Board shall clearly state in writing the reasons for granting the waiver. The approval document shall be included in the conditions of the project approval and in the project file.
F.
If the waiver request is denied, the Planning & Zoning Board shall clearly state in writing the reasons for denying the waiver. The denial document shall be included in the conditions of the project decision and in the project file. The Planning & Zoning Board may approve the project application if it can be approved without a waiver.