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Town of Austerlitz, NY
Columbia County
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Hardship. Where the Planning Board finds that, because of the special circumstances of a particular subdivision, extraordinary hardship may result from strict compliance with this chapter, the Planning Board shall have the authority to vary or modify the application of any of the requirements herein, not requisite in the interest of public health, safety and general welfare; provided, however, that any such waiver will not have the effect of nullifying the spirit and intent of these standards, the Comprehensive Plan, the Official Map, or any other regulations or ordinance, if such exists. If the Town's financial interests are affected, any such waiver by the Planning Board shall be preceded by recommendation to, and concurrence by, the Town Board.
Modification of specific requirements. Where the Planning Board finds that compliance with this chapter 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 this chapter may be modified by specific resolution of the Planning Board to mitigate the hardship, provided 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 in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the Town Clerk.