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 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.
In considering a modification or waiver under this article, the Commission
shall, by a three-fourths vote of all the members of the Commission,
approve such modification or waiver upon a finding that all of the
following conditions are met:
A.
Conditions exist on the subject property that are not generally applicable
to other land in the Town;
B.
Said conditions would render the subject property, or some significant
portion thereof, unusable for any viable use permitted in the subject
zone if these regulations were strictly applied;
C.
The granting of the modification or waiver would be in harmony with
the purpose and intent of these regulations; and
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 violation of the recommendations
of the Plan of Conservation and Development, as the same may be amended
from time to time.
Any request for modification or waiver under this article shall
be set forth on the subdivision application form and, if granted,
shall be noted on the final subdivision plan with a reference to the
lot(s) affected and the section of these regulations modified or waived,
and the extent or nature thereof. In granting or denying any request
under this article, the Commission shall state upon the record the
reasons for such action.
