The Town Board may waive, by specific resolution, subject to
the appropriate conditions and guaranties, for such period as it may
determine, the requirements of these regulations relative to the provisions
and design of any or all required public improvements which, in its
judgment or 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, or are not appropriate because of the
inadequacy or lack of connecting facilities adjacent to or in the
proximity of the proposed subdivision.
Where the Town 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 these regulations may be modified 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 spirit and intent of these and other Town regulations.
Any officer, department, board or bureau of the Town, with the
specific approval of the Town Board, or any person or persons jointly
or severally aggrieved by any decision of the Planning Board concerning
a plat decision, may bring a proceeding to review such decision in
the manner provided by Article 78 of the Civil Practice Law and Rules
in a Court of Record on the ground that such decision is illegal in
whole or part. Such proceeding must be commenced within 30 days after
the filing of the decision in the office of the Town Clerk. Commencement
of such proceeding shall stay all further proceedings upon the decision
appealed from.
