No person shall construct any bulkhead, shoring, fence or other
structure along the shore of Willow Pond or shall erect any building
or structure within 50 feet of Willow Pond, or fill, excavate or make
any change in the elevation or grade of the land adjoining Willow
Pond and situated within 50 feet thereof, without previously applying
for and obtaining from the Board of Trustees of the Village of Hewlett
Bay Park a special permit therefor.
An application for a permit under this chapter shall be in writing
and shall be filed with the Village Clerk. Such application shall
state with particularity the nature and location of the proposed work
and the name and address of the contractor or other person who is
to perform the work and shall be accompanied by such plans, diagrams,
soil tests and other information as the Board of Trustees may require.
Such application and such permit shall be in addition to any
other applications or any other permits that may be required under
other provisions of the Code of the Village of Hewlett Bay Park.
Such permit shall not be granted if, in the opinion of the Board
of Trustees, the proposed work will change or tend to change the location
of the shore of Willow Pond, or the property line between the pond
and the adjacent upland, or the boundary line between the Village
of Hewlett Bay Park and the Village of Hewlett Harbor, or the depth
of water in the pond, or the surface or subsurface stormwater drainage
conditions in the area, or the use and enjoyment of Willow Pond by
the owners thereof (presently the Village of Hewlett Bay Park and
the Village of Hewlett Harbor) or the persons entitled to such use
and enjoyment.
Such permit may be granted if the Board of Trustees shall determine that the provisions of §
100-4 are complied with; provided, however, that the Board of Trustees may, in issuing such permit, impose such terms and conditions as it may deem necessary or proper in order to assure that there will be no violation of the provisions of §
100-4 in the future.