§ 143-10. Variances and modifications.

A. 

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 these regulations, it may waive certain requirements of these regulations 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 Official Map, Chapter 167, Zoning, these 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.

B. 

The standards and requirements of these regulations 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.

C. 

Minor changes to site plan. When an applicant is seeking a change to an adopted site plan which the applicant believes to be minor, he may submit the proposed change to the Planning Department for its review with a request that it be treated by the abbreviated process set forth herein. The application shall be transmitted to the Planning Board Chair and two members of the Planning Board selected by the procedure set forth below. This subcommittee of the Planning Board will review the proposed change and, in consultation with the Building and Planning Department, shall determine whether the proposed change is sufficiently small or inconsequential to be reviewed under this paragraph. If the subcommittee determines that the proposed change is, it will, in consultation with the Building and Planning Department, make a determination regarding the proposed change. If the determination of the three individuals is unanimous in favor of the change, the change shall be approved and the site plan thereby amended. If any member of the subcommittee opposes the change, the application shall be transmitted to the full Planning Board to be reviewed and determined in the usual manner.

[Added 5-2-2011 by L.L. No. 7-2011]

(1) 

The two members of the subcommittee other than the Chair shall be Planning Board members selected on a rotating basis in a manner determined by the Planning Board Chair. The Chair may select another member of the Planning Board to serve in his absence. The reasons for this rotation are that all members of the Planning Board may be involved, and that applications will be reviewed by a random selection of members of the Planning Board. An applicant may not choose or know in advance which members will be reviewing his appeal.

(2) 

Decisions of the subcommittee shall be made known to the Planning Board on or before the next meeting. There is no prohibition on members of the subcommittee discussing applications with other members of the Planning Board or any other persons.

(3) 

The procedure set forth in this paragraph is voluntary. An applicant may always choose to present any proposed modification to a site plan to the Planning Board as a whole.

(4) 

Modified site plans will need to be provided by the applicant, signed by the Planning Board Chair, and entered into the Planning Board minutes.