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 hardship may result from strict compliance with this
chapter, it may waive certain requirements of this chapter so that
substantial justice may be done and the public interest secured, provided
that no such waiver shall be granted which will have the effect of
nullifying the intent and purpose of the Zoning Ordinance[1] or these subdivision regulations or ordinances of the
Town. In granting changes and modifications, the Planning Board may
require such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so changed or modified.
The standards and requirements of this chapter
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, air, and service
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.[1]
