P&Z Adds New Flexibility To Subdivision Regulations

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members have added wording to the town’s subdivision regulations that would allow the P&Z to waive certain subdivision regulations in special cases in order to approve subdivision applications that otherwise could not gain approval under the town’s subdivision rules.

Through the land subdivision process, applicants seek to divide parcels of land into smaller pieces that are suitable for residential, commercial, or industrial development.

On January 5, P&Z members unanimously approved adding wording to the subdivision regulations to allow the granting of waivers of certain subdivision rules, provided that a “super majority” of four out of five P&Z members approve such a waiver.

The subdivision waiver provision for municipalities was authorized by a 1977 state law, provided that municipal planning agencies add wording to their subdivision regulations allowing the potential granting of such waivers.

P&Z Chairman Lilla Dean said this week that she does not expect that the waiver provision would be used often, adding that the rules that could be waived are limited in scope under the terms of state law.

Also, the P&Z must formally determine that the waiving of a subdivision regulation is for the good of the town at large, she said.

Ms Dean said she expects that such a waiver mechanism could be useful in terms of the P&Z’s acceptance of open space land in subdivisions.

Current town subdivision regulations require applicants to designate at least 15 percent of the area of a subdivision as undeveloped open space.

George Benson, town director of planning and land use, said that having the waiver provision available for use by the P&Z would allow it to suitably address unforeseen situations when reviewing subdivision applications. “This is a tool for the [P&Z] to use,” he said.

Such a device would be applied conservatively, he said of the limited scope of such a mechanism.

Mr Benson compared subdivision waivers to zoning variances that an applicant may receive from the Zoning Board of Appeals (ZBA) if the applicant can demonstrate that a “hardship” exists in gaining a zoning approval.

Under the terms of subdivision waivers, the P&Z may grant a waiver when it finds that compliance with the subdivision regulations would otherwise cause an extraordinary hardship or a practical difficulty. A waiver must not conflict with the intent and/or purpose of the subdivision regulations.

A waiver must not have a significant negative effect on adjacent property or on public health or public safety.

Also, a waiver must be unique to the proposed subdivision and not applicable generally to other subdivisions.

A waiver must not create conflicts with the zoning regulations, the Town Plan of Conservation and Development, town ordinances, or the regulations of other town agencies.

Also, a formal waiver request must be submitted with an initial subdivision application.