A.
Where the Planning Board finds that compliance with
these regulations 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 the regulations may be modified
to mitigate the hardship, provided that the public interest is protected
and the development is in keeping with the general spirit and intent
of the regulations.
B.
No such modification may be granted if it would have
the effect of nullifying the intent and purpose of the Official Map,
the Master Plan, or these regulations, or the provisions of the Zoning
Ordinance, provided that approval may, in the discretion of the Planning
Board, be granted conditioned on obtaining a variance from the Zoning
Board of Appeals.
The Planning Board, in accordance with the provisions
of the Town Zoning Regulations[1] and other Town laws relating to cluster development and
Town Law § 278, may approve plats with lot dimensions below
the minimum area standard normally required in the zoning district.
In granting waivers or modifications the Planning
Board may require such reasonable conditions as will in its judgment
secure substantially the objectives of the standards or requirements
so waived or modified.
