Modifications Granted by the Official

10.3 MODIFICATIONS GRANTED BY THE OFFICIAL

The Official is hereby empowered to hear and grant Modifications. Submission requirements for Applications for such Modifications shall be the same as those for a Dimensional Variance Application, provided that references to the Zoning Board shall refer to the Official.

1. A Modification may be requested for adjustments or deviations not exceeding 25% of the literal dimensional requirements of this ordinance. This does not permit the moving of lot lines.
2. Within ten (10) days of receipt of a request for a Modification, the Official shall make a decision as to the suitability of the requested Modification based on the following determinations:
   1. The Modification requested is reasonably necessary for the full enjoyment of the permitted use;
   2. If the Modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
   3. The Modification requested does not violate any rules or regulations with respect to a freshwater or coastal wetland; and
   4. The Modification requested does not require a Variance of a flood hazard requirement.
3. Upon an affirmative determination on the Modification, in the case of a modification of five percent (5%) or less, the Official shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the Official shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the town that the Modification will be granted unless written objection is received within fourteen (14) days of the public notice, and inviting the public to inspect the plans and Application during normal working hours. If any written objection is received within fourteen (14) days, the request for a Modification shall be scheduled for the next available hearing before the Zoning Board on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided in Section 10.8.B .
4. If no written objections are received within fourteen (14) days, the Official shall grant the Modification. The Official may apply such special conditions to the Permit as may, in the opinion of the Official, be required to conform to the intent and purposes of the Zoning Ordinance. The Official shall keep public records of all requests for Modifications, and of findings, determinations, special conditions, and any objections received. If the Official grants the Modification, the written decision thereof shall be recorded in the Land Evidence Records of the Town.
5. Cost of any notice required under this section shall be borne by the applicant requesting the modification.