§ 10. Variances.

Where a subdivider can show that a provision of these General Requirements and Minimum Standards of Design would cause an unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Town Council may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the Town Council and the reason which justified the departure to be set forth. No variance, however, shall be authorized without first receiving the recommendation and report of the Planning Commission: provided, however, that the failure of the Planning Commission to report within forty-five (45) days from and after the date of official submission by the Town Council to said Commission shall be deemed approval by the Commission.