A.
Where the Board finds that because of unusual circumstances of shape,
topography or other physical features of the proposed subdivision
or because of the nature of adjacent developments, extraordinary hardship
may result from strict compliance with this chapter, it may waive
certain requirements of this chapter so that substantial justice may
be done and the public interest secured, provided that no such waiver
shall be granted which will have the effect of nullifying the intent
and purpose of the Official Map, Zoning Ordinance,[1] this chapter, or ordinances of the City.
B.
In granting changes and modifications, the Board may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so changed or modified.
C.
Any officer, Department or Board of the City, with specific approval
of the City Council, or any person or persons, jointly or severally
aggrieved by any decision of the 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 or improper in whole or
in part. Such proceeding must be commenced within 30 days after the
signing of the subdivision plat plan.
