The Planning Board may waive upon specific request
and by specific resolution, subject to appropriate conditions and
guarantees, for such period as it may determine, the requirements
of these regulations relative to the provision and design of any or
all required improvements which in its judgment of the special circumstances
of a particular plat or plats are not requisite to the interests of
the public health, safety and general welfare of the Town, or are
not appropriate because of the inadequacy or lack of connecting facilities
adjacent to or in the proximity of the proposed subdivision.
Where the Planning Board finds that compliance
with these regulations would cause unusual hardship or extraordinary
difficulties because of exceptional and unique conditions of topography,
access, location, shape, size, drainage or other physical features
of the site, the minimum requirements of these regulations may be
modified upon specific request and by specific resolution of the Planning
Board to mitigate the hardship, provided that the public interest
is protected and the development is in keeping with the general spirit
and intent of these and other Town regulations.
Any officer, department, board or bureau of
the Town, with the specific approval of the Town Board, or any person
or persons jointly or severally aggrieved by any decision of the Planning
Board concerning a plat decision may bring a proceeding to review
such decision in the manner provided by Article 78 of the Civil Practice
Law and Rules in a court of record on the ground that such decision
is illegal in whole or in part. Such proceeding must be commenced
within 30 days after the filing of the decision in the office of the
Town Clerk. Commencement of such proceeding shall stay all further
proceedings upon the decision appealed from.
