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the Planning Commission.
It was only to break this deadlock that the Council considered the applicant’s request at its November meeting and approved the off-site drainfield locations, thereby waiving the ordinance interpretation on the grounds that such waiver was in accord with the public interest, based upon the recommendation of the Planning Commission and existing precedents in the Town.
A fuller recitation than Mr. Miller provided of the section of the ordinance providing for such waivers states that “(w)henever because of...(an) unusual condition not resulting from the developer’s deliberate act. a strict compliance with the....Ordinance would result in extraordinary hardship to the dcvel oper, the Town Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured...’’
Council was told that the soil tests performed on the property by the applicant disclosed the possibility of poor drainfield sites on three lots. There was no deliberate act of the applicant that caused that condi
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