A.
Where the Planning Board finds that compliance with
these regulations would cause unusual hardship or extraordinary difficulty
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.
A.
As authorized by the Town Board by resolution dated
August 14, 1973, the Planning Board may approve plats with lot dimensions
below the minimum area standard normally required in the zoning district,
provided that equivalent additional land is set aside as open or recreational
space or that portions of the proposed development are designated
for lower density development. In either case, the average density
for the entire plat shall not exceed the maximum density permitted
by the zoning regulations.
B.
Open or recreational space in such plats may be public
or adequately secured for such purposes by private deed restrictions
acceptable to the Planning Board.
A.
The Planning Board may waive the requirements for
such subdivision improvements as in its judgment of the special circumstance
of a particular plat or plats are not requisite in the interest of
the public health, safety and general welfare.
B.
The Planning Board may also waive the requirements
for such subdivision improvements as in its judgment of the special
circumstances of a particular plat or plats are inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision.
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.
