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 §
111-20 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 of $250, unless said fees are modified by the Town
Board 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 condition. Variances expire at the end of this one-year period
without further hearing or action by the Coastal Erosion Hazard Board
of Review.
The Southold 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 request
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.
[Amended 1-29-2013 by L.L. No. 1-2013]
The Coastal Erosion Hazard Board of Review may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or 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
may be made only by the applicant in the underlying decision.
B. Appeals
must be filed with the Town Clerk within 30 days of the date of the
adverse decision.
C. 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/her information.
D. All appeals
must refer to the specific provisions of this chapter involved and
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.