The Commission recognizes that each parcel of property is unique
in location, dimensions, orientation and topography and that the various
factors in designing of subdivisions are variable with relation to
each other and to the above characteristics of the property. Therefore,
where such conditions exist which affect the subject land and are
not generally applicable to other land in the area, the Commission
may modify 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. However, such modifications shall not
be contrary to the plan of development nor contrary to the purposes
and intent of this chapter and shall be made only by a 3/4 vote of
all members of the Commission. Such modification or waiver shall not
be granted unless one of the following conditions exist:
(1) The proposed subdivision includes land in more than one town, and
lots located wholly or partly in another town are at least as large
in total area as the minimum lot size required for that area by the
other town's zoning regulations; and the street frontage requirement
of either town is satisfied for each lot, regardless of the town in
which the street is located.
(2) Strict adherence to the requirements of this chapter would result
in an alteration or destruction of a significant or unique nature
feature, such as a large tree, a watercourse, a wetland or a rock
formation.
(3) Strict adherence to the requirements of this chapter would result
in significant alteration of the natural land contour in a manner
that would aggravate natural drainage or cause erosion and sedimentation
problems that would be difficult to control or correct.
(4) Completion of improvements to a right-of-way to provide connection
with future streets in an adjoining property would result in a street
stub not likely to be used in the foreseeable future.
(5) The requirement for contours may be waived by the Commission if fewer
than three lots are involved and if the land configuration is even
throughout.
(a)
The requirement for specific improvements may be waived or modified
if not deemed essential or unsuitable for the proposed subdivision.