The Planning Board may waive, upon specific request and by specific
resolution, subject to appropriate conditions and guarantees, and
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 or 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 proceedings must be commenced within 30 days
after 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.