The Planning Board may waive, upon specific request and by specific
resolution, subject to appropriate conditions and guaranties, for
such period as it may determine, the requirements of this chapter
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 this chapter
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 this chapter 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.
A.
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.
B.
Commencement of such proceeding shall stay all further proceedings
by either the applicant or the Town related to the decision appealed
from.
