This chapter grants the Planning Board with specific waiver
authority in specified circumstances, to be exercised in the Planning
Board's sole discretion. The Planning Board has also been granted
authority, as specified in § 277 of New York State Town
Law, to waive, when reasonable, any requirements or improvements for
the approval, approval with modifications or disapproval of subdivisions
submitted for its approval. Any such waiver, which shall be subject
to appropriate conditions, may be exercised in the event any such
requirements or improvements are found not to be requisite in the
interest of the public health, safety and general welfare or inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the subdivision. However, the Planning Board's authority
to waive specific requirements or improvements does not include the
ability to waive the initial public hearing of a proposed subdivision
as set forth in this chapter and New York State Town Law.
Any person or persons, or any officer, department, board or
bureau of the Town, jointly or severally aggrieved by any final determination
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 New York
State Town Law.
