A.
Where the Planning Board finds in its sole discretion 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 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 regulations. It is the applicant's burden to request
all waivers timely and in writing.
Where the Planning Board finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare, or is inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed
subdivision, it may, by specific resolution, in its sole discretion,
waive such requirements subject to appropriate conditions and upon
the timely and written request of the applicant. A written record
itemizing the type and extent of the waivers granted shall be filed
with the Planning Board and cited on the subdivision plat if required
by the Planning Board.
In granting waivers and modifications, the Planning Board shall
require such conditions which, in its judgment, secure substantially
the objectives of the standards or requirements so waived or modified.
A.
Any officer, department, board or bureau of the Town, with the approval
of the Town Board, or any person or persons, jointly or severally
aggrieved by any decision of the Planning Board concerning a final
plat decision, may bring a proceeding to review 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 Board.
B.
Commencement of the proceeding shall stay proceedings upon the decision
appealed from.
C.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the court with the referee's findings of fact
and conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court
may reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
