Pursuant to § 277, Subdivision 6, of the Town Law, and notwithstanding any provision of law to the contrary, where a plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. In reviewing such application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
Upon receipt of a written reasoned elaboration by the applicant and where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Town Plan or Chapter 155, Zoning. No such waiver shall have the effect of inhibiting or altering compliance with applicable requirements of Article 16 of New York State Town Law or § 239 of New York State General Municipal Law.