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 §
59-20 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 legislative body under separate
resolution.
Any construction activity allowed by a variance granted by the
Coastal Erosion Hazard Board of Review must be completed within one
year from the date of approval or approval with modifications or conditions.
Variances expire at the end of this one-year period without further
hearing or action by the Coastal Erosion Hazard Board of Review.
The Zoning Board of Appeals 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 there is error in any
order, requirement, decision, or determination made by the Administrator
in the enforcement of this chapter, including any order requiring
an alleged violator to stop, cease and desist.
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 Municipal 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.
C. All appeals must refer to the specific provisions of this chapter
involved, specify the alleged errors, 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
by the Coastal Erosion Hazard Board of Review or any officer, department,
board or bureau of the Town, may apply to the Supreme Court for review
by a proceeding under Article 78 of the Civil Practice Law and Rules.