In any case where the title to a reservation
is not offered for dedication to the town, the ownership should be
clearly established to ensure continued responsibility for such reservation.
If a proposed subdivision includes land that
is zoned for business or industrial purposes, the layout of the subdivision
with respect to such land shall make such provisions as the Planning
Board may require for safe and convenient access to such automobile
parking and loading and unloading spaces as may be required by the
Zoning Ordinance, or otherwise for safe and convenient access to such
land.
Where the Planning Board finds that, because
of special circumstances of a particular plat, extraordinary hardships
may result from strict compliance with these regulations, it may waive
specific requirements of the regulations so that substantial justice
may be done and the public interest secured, provided that any such
waiver will not have the effect of nullifying the intent and purpose
of these regulations, the Town Development Plan or the Official Map
of the town. In granting any waiver, the Planning Board shall attach
such conditions as are, in its judgment, necessary to secure substantially
the objectives of the standards or requirements so waived.
[Added 6-19-1984]
Pursuant to §
107-22 of these regulations, the Planning Board may require the submission of an application for a conservation subdivision incorporating modifications to applicable zoning provisions where an applicant has not requested such modifications. Prior to the Planning Board determining whether and to what extent such modifications shall be required, said Board shall first determine that the modifications are necessary to satisfactorily achieve one (1) or more of the following specific objectives:
A. The preservation of a unique or significant natural
feature of the site, including but not limited to a vegetative feature,
wildlife habitat, surface water supply, underground aquifer, endangered
species, rock formation and steep slopes.
B. The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.
C. The preservation of any unique or significant aesthetic
features of the site, including but not limited to a community vista,
ridgeline or roadside character.
D. The creation of useful open space areas, whether passive
or active, to serve the needs of the residents of the subdivision
or of the town.
[Added 8-21-1984]
E. The creation of the most efficient layout of new subdivisions,
including the shape or location of house sites, driveways or roads.
[Added 8-21-1984]
F. The protection of any other unique or significant
feature of the site which the Planning Board determines to be important
for recreation, education, open space or similar purposes.