Strict application of the standards and restrictions
of this chapter may cause practical difficulty or unnecessary hardship.
When this can be shown, such standards and restrictions may be varied
or modified, provided that the following criteria are met:
A. No reasonable, prudent, alternative site is available.
B. All responsible means and measures to mitigate adverse
impacts on natural systems and their functions and values have been
incorporated into the activity's design at the property owner's expense.
C. The development will be reasonably safe from flood
and erosion damage.
D. The variance requested is the minimum necessary to
overcome the practical difficulty or hardship which was the basis
for the requested variance.
E. Where public funds are utilized, the public benefits
must clearly outweigh the long-term adverse effects.
Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of §
99-18 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant.
Each variance request must be accompanied by
the required fee or fees as established by the Town Board under separate
resolution.
Any construction activity allowed by a variance
granted by the Town Board must be completed within one year from the
date of approval or approval with modifications or conditions. Variances
expire at the end of this year period without further hearing or action
by the Town Coastal Erosion Hazard Board of Review.
The Town Board is hereby designated as the Coastal
Erosion Hazard Board of Review and has the authority to:
A. Hear, approve, approve with modification or deny requests
for variances or other forms of relief from the requirements of this
chapter.
B. Hear and decide appeals where it is alleged that there
is error in any order, requirement, decision or determination of the
administrator, including stop or cease and desist orders. Notice of
such decision will forthwith be given to all parties in interest.
The rules and procedures for filing appeals are as follows.
The Coastal Erosion Hazard Board of Review may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination of the administrator, including stop or cease and desist
orders. Notice of such decision will forthwith be given to all parties
in interest The rules and procedures for filing appeals are as follows:
A. Appeals must be filed with the Town Clerk within 30
days of the date of the adverse decision.
B. All appeals made to the Coastal Erosion Hazard Board
of Review must be in writing on standard forms prescribed by the Board.
The Board will transmit a copy to the Commissioner of the New York
State Department of Environmental Conservation for his information.
[Amended 9-12-1989 by L.L. No. 4-1989]
C. All appeals must refer to the specific provisions
of this chapter involved, specify the alleged errors and the interpretation
thereof that is claimed to be correct and the relief which the appellant
claims.
Any person or persons jointly or severally aggrieved
by a decision of the Coastal Erosion Hazard Board of Review may apply
to the Supreme Court for review by a proceeding under Article 78 of
the Civil Practice Law and Rules.