If the
record shall indicate to the satisfaction of the Town Board that strict
application of the provisions of this chapter is not necessary to
maintain safe navigability of the waterway or to prevent undue interference
with the right of the public to use the waterfront or the littoral
rights of adjacent waterfront property owners, taking into account
the shape and contour of the waterway and topography of the vicinity,
and if the record further indicates that the proposed development
conforms to all other local, state and federal regulations relating
thereto, then the Town Board may vary or modify the application of
such provisions so that the spirit of this chapter shall be observed.