A.
The Town Board may review any determination of the Building Department disapproving an application pursuant to § 42-7A. A majority vote of the members shall be necessary to reverse or modify the determination of the Building Department.
[Amended 8-5-2021 by L.L. No. 14-2021]
B.
Such review
must be requested by the applicant within 30 days of its receipt of
notification of the disapproval by the Building Department, on a form
to be supplied by the Town Clerk.
C.
Once the
applicant has requested review of the permit application, the Town
Clerk shall electronically transfer a copy of the application to:
[Added 8-5-2021 by L.L. No. 14-2021[1]]
(1)
The
Commissioner of Planning and Environmental Protection, and the Department
of Public Safety/Bay Constable, who shall examine the application
for compliance with this chapter and the laws, ordinances, regulations
or specifications governing such structures; and
(2)
The
Town Board liaison for the Waterfront Advisory Commission, who shall
forward the application to the Chair of the Town's Waterfront Advisory
Commission; and
(3)
The
Commissioner of Building Safety, Inspection and Enforcement, who shall
verify that the application submitted to the Town Clerk's office matches
the application made to the Department of Building Safety, Inspection
and Enforcement.
D.
Upon the
completion of such review, the Commissioner of Planning and Environmental
Protection and the Department of Public Safety/Bay Constable shall
transfer their recommendations to the Town Clerk. The Waterfront Advisory
Commission shall consider the application at a duly called meeting
of the Commission and, afterwards, forward its recommendations to
the Town Board liaison for the Waterfront Advisory Commission.
[Added 8-5-2021 by L.L. No. 14-2021]
E.
No less
than 10 days prior to the meeting of the Waterfront Advisory Commission,
the applicant shall place a buoy or other marker in the location that
corresponds to the end of the proposed dock or pier.
[Added 8-5-2021 by L.L. No. 14-2021]
F.
The Town
Clerk shall request that the Town Board schedule a public hearing
on the application following receipt of recommendations from the Commissioner
of Planning and Environmental Protection and the Department of Public
Safety/Bay Constable.
[Added 8-5-2021 by L.L. No. 14-2021]
G.
The Town Clerk shall publish notice of the hearing in accordance with § 42-11 of the Town Code. The applicant shall be required to send notice by certified mail to owners of all property within a radius of 500 feet of the upland property, at least 10 days prior to the hearing, advising of the application and the hearing date, and must file with the Town Attorney, prior to the hearing date, an affidavit of mailing of the notice as required by this section.
[Amended 8-5-2021 by L.L. No. 14-2021]
H.
If the
record shall indicate to the satisfaction of the Town Board that strict
application of the provisions of this chapter is not necessary to
maintain safe navigability of the waterway or to prevent undue interference
with the right of the public to use the waterfront or the littoral
rights of adjacent waterfront property owners, taking into account
the shape and contour of the waterway and topography of the vicinity,
and if the record further indicates that the proposed development
conforms to all other local, state and federal regulations relating
thereto, then the Town Board may vary or modify the application of
such provisions so that the spirit of this chapter shall be observed.
I.
Upon the
Town Board’s reversal or modification of a determination of
the Commissioner of Building Safety, Inspection and Enforcement, the
Town Clerk shall issue the appropriate permit. The Commissioner of
Building Safety, Inspection and Enforcement shall forward a copy of
final plans stamped and approved by the Town Board and Department
of Building Safety, Inspection and Enforcement. If the Town Board
affirms the determination of the Commissioner of Building Safety,
Inspection and Enforcement, the Town Clerk shall so inform the applicant.
[Amended 8-5-2021 by L.L. No. 14-2021]
