CHAPTER X _ MODIFICATIONS
The Commission recognizes that each parcel of property is unique in location, dimensions, orientation, topography, etc., and the various factors in the design of subdivisions are variable with relation to each other and to the above characteristics of the property. Therefore, in accordance with Connecticut General Statutes Section 8_26, the Commission may modify or waive, subject to appropriate conditions, 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. In considering a modification or waiver under this Chapter, the Commission shall only approve such modification or waiver upon a finding that all of the following conditions are met:
a) Conditions exist on the subject property which are not generally applicable to other land in the Town;
b) Said conditions would render the subject property, or some significant portion thereof, unusable for any viable use permitted in the subject zone if these Regulations were strictly applied;
c) Said conditions were not created by the property owner nor by his/her predecessor(s) in title;
d) The granting of the modification or waiver would be in harmony with the purpose and intent of these Regulations;
e) The granting of the modification or waiver would not have a significant adverse impact on adjacent properties values, the public health, safety, and welfare, and would not be in violation of the recommendations of the Plan of Development, as the same may be amended from time to time.
Any request for modification or waiver under this Chapter shall be set forth on the Subdivision Application form, and, if granted, shall be noted on the Final Subdivision Plan with a reference to the lot(s) affected, and the Section of these Regulations modified or waived, and the extent or nature thereof. In granting or denying any request under this Chapter, the Commission shall state upon the record the reasons for such action.
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