Falmouth |
Code of Ordinances |
3, Planning Board Regulations |
Chapter 311. Zoning Board of Appeals Comprehensive Permit Rules |
§ 311-5.05. Uneconomic conditions.
Latest version.
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A.The Board shall not issue any order or impose any condition that would cause the building or operation of the project to be uneconomic, including a requirement imposed by the Board on the applicant:(1)To incur costs of public infrastructure or improvements off the project site that:(a)Are not generally imposed by a local board on unsubsidized housing;(b)Address a preexisting condition affecting the municipality generally; or(c)Are disproportionate to the impacts reasonably attributable to the project; or(2)To reduce the number of units for reasons other than evidence of local concerns within the purview of the Board (see 760 CMR 56.05(4)(e); see also 760 CMR 56.07(3)(c - h) regarding evidence that would be heard by the Committee on an appeal), such as design, engineering, or environmental deficiencies that directly result from the impact of a project on a particular site.B.If a proposed nonresidential element of a project is not allowed by right under applicable provisions of the Town of Falmouth Zoning Bylaw, a condition shall not be considered uneconomic if it would modify or remove such nonresidential element.