The Planning Board has been granted authority, as specified in § 277 of New York State Town Law, to waive, upon specific request by an applicant and by resolution of the Planning Board, subject to appropriate conditions, some of the requirements of this chapter relative to the provision and design of any of the improvements or requirements which in the Planning Board's 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 of Clinton, or are not appropriate because of the inadequacy or lack of connecting facilities adjacent to or in the proximity of the proposed subdivision. However, the Planning Board's authority to waive specific requirements of the subdivision process does not include the ability to waive any of the highway specifications for public roads, nor may it waive any requirement which, under Chapter 250, Zoning, or other local laws, would necessitate a variance, nor may it waive the initial public hearing of a proposed subdivision as set forth in this chapter and New York State Town Law.
Where the Planning Board finds that compliance with this chapter would cause unusual hardship or extraordinary difficulties to the applicant because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, the minimum requirements of this chapter may be modified upon specific request from an applicant 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 policies, requirements and intent of this chapter. The Planning Board may additionally modify the specific requirements of this chapter in situations where, due to the unique circumstances of a particular parcel of land, strict application of this chapter would inhibit achievement of the Town's Master Plan objectives, provided that public health, safety and welfare are protected and the requirements of Chapter 250, Zoning, are wholly met.
Any person or persons, or any officer, department,
board or bureau of the Town jointly or severally aggrieved by any
decision of the Planning Board regarding subdivision plat decisions,
may apply to the New York Supreme Court for relief by a proceeding
under Article 78 of the Civil Practice Law and Rules of New York State:
A.
The proceeding shall be initiated by the aggrieved
party within 30 days after the filing of the Planning Board's decision
in the office of the Town Clerk;
B.
Commencement of such proceeding shall stay all further
actions or proceedings upon which the decision is being appealed;
C.
The court may take evidence or appoint a referee to
take such evidence as it may direct, and report the findings of fact
and conclusions of law if it shall appear that testimony is necessary
for the proper disposition of the matter; and
D.
The court shall itself dispose of the case on the
merits, determining all questions which may be presented for determination
in the Article 78 proceeding.
