Opn. No.

Hon. Donald G. Walls Town Attorney, Chenango

This is in response to your letter wherein you seek our advice relative to the powers of a town planning board. You state that the Planning Board of the Town of Chenango promulgated a regulation, after a public hearing and approval of the Town Board, all pursuant to section 272 of the Town Law. The regulation in question requires that concrete curbs and gutters be included in all future subdivisions. You ask whether the provisions of section 277 of the Town Law would authorize the Planning Board to waive the aforesaid regulation. You note that there…