A.
The Town Board may, after a public hearing (which may be combined with other public hearings on wind energy facilities, so long as the waiver request is detailed in the public notice and the application), grant a waiver only under conditions of duress or absolute hardship, except as otherwise expressly prohibited herein, from the strict application of the provisions of this chapter if, in the opinion of the Town Board, the grant of said waiver is in the best interests of the Town.
B.
The Town Board in making its determination on a waiver request shall consider the benefit to the owner if the waiver is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
(1)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the waiver;
(2)
Whether the benefit sought by the owner can be achieved by some method, feasible for the owner to pursue, other than waiver;
(3)
Whether the proposed waiver will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(4)
The scope of the request.
C.
The Town Board, in the granting of waivers, shall grant the minimum waiver that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
D.
The Town Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.