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, the Master Plan, this chapter or state law.
C.
All modifications and waivers shall be described in
a separate resolution of the Planning Board.
In granting waivers or modifications, the Planning
Board shall require such conditions as will, in its formal resolution
and judgment, secure substantially the objectives of the standards
or requirements so waived or modified.
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 and with standing, 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
Town Clerk.
