The Planning Board has been granted authority, as specified in § 277
of New York State Town Law, to waive, upon specific request by an applicant
and by resolution of the Planning Board, subject to appropriate conditions,
some of the requirements of these Subdivision Regulations relative to the
provision and design of any of the improvements or requirements which in the
Planning Board's 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 of Milan or are not appropriate because of
the inadequacy or lack of connecting facilities adjacent to or in the proximity
of the proposed subdivision. However, the Planning Board's authority
to waive specific requirements of the subdivision process does not include
the ability to waive the initial public hearing of a proposed subdivision
as set forth in these Subdivision Regulations and New York State Town Law.
Where Planning Board finds that compliance with these Subdivision Regulations
would cause unusual hardship or extraordinary difficulties to the applicant
because of exceptional and unique conditions of topography, access, location,
shape, size, drainage or other physical features of the site, the minimum
requirements of these Subdivision Regulations may be modified upon specific
request from an applicant 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 policies, requirements and
intent of these Subdivision Regulations. The Planning Board may additionally
modify the specific requirements of these Regulations in situations where,
due to the unique circumstances of a particular parcel of land, strict application
of these Subdivision Regulations would inhibit achievement of the Town's
Comprehensive Plan objectives, provided that public health, safety and welfare
are protected and the requirements of the Town's Zoning Law[1] are wholly met.
Any person or persons, or any officer, department, board or bureau of
the Town, jointly or severally aggrieved by any decision of the Planning Board
regarding subdivision plat decisions may apply to the New York Supreme Court
for relief by a proceeding under Article 78 of the Civil Practice Law and
Rules of New York State, and:
A.
The proceeding shall be initiated by the aggrieved party
within 30 days after the filing of the Planning Board's decision in the
office of the Town Clerk.
B.
Commencement of such proceeding shall stay all further
actions or proceedings upon which the decision is being appealed.
C.
The court may take evidence or appoint a referee to take
such evidence as it may direct, and report the findings of fact and conclusions
of law, if it shall appear that testimony is necessary for the proper disposition
of the matter.
D.
The court shall itself dispose of the case on the merits,
determining all questions which may be presented for determination in the
Article 78 proceeding.
