§ 311-5.05. Uneconomic conditions.

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.