Village of Cornwall-On-Hudson, NY Article VI Variances; Waivers; Appeals; Review

§ 139-21 Authorized modifications.

A. 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 to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this chapter.

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 Law,[1] the Comprehensive Plan, or this chapter.

[1] Editor's Note: See Ch. 172, Zoning.

§ 139-22 Imposition of conditions.

In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

§ 139-23 Appeals.

[Amended 11-14-1979]

If the subdivider feels that any interpretation of this chapter is erroneous or that any requirement is burdensome, arbitrary or constitutes an undue hardship, an appeal in writing may be made to the Village Board, except that appeals regarding access may be made to the Zoning Board of Appeals, as stated in § 139-17D. The Village Board shall meet with the subdivider and the Planning Board to review the protest, and the Village Board shall render a binding decision.

§ 139-24 Review of decisions.

A. Any officer, department, board or bureau of the Village, with the approval of the Village Board, or any person or persons jointly or severally aggrieved by any decisions 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 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.