Town of Tuxedo, NY Article V Appeals; Review; Modifications

§ 85-32 Appeal and review of Planning Board decisions.

A. Any officer, department, board or bureau of the Town, with the 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 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 in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the Planning Board.

B. Commencement of the proceeding shall stay proceedings upon the decision appealed from

C. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

§ 85-33 Modifications due to hardship.

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 these 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 these regulations.

B. No such modifications may be granted if it would have the effect of nullifying the intent and purpose of the Official Map, the Zoning Local Law,[1] the Master Plan or these regulations.

[1] Editor's Note: See Ch. 98, Zoning.

§ 85-34 Waiver of certain improvements.

Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent to or in proximity to the proposed subdivision, it may, by specific resolution, waive such requirements subject to appropriate conditions.