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.
F.
Where an erosion protection structure is involved, the criteria to
be met shall include the criteria with respect to alternatives identified
in the final generic environmental impact statement entitled "Examination
of Options to Control Beach Erosion in the Village of Quogue," completed
and accepted by the Board of Trustees on January 16, 1997.
[Added 7-18-1997 by L.L. No. 3-1997]
G.
The following additional provisions shall apply to an application
for a variance to place a building lawfully existing in the coastal
erosion hazard area on pilings:
[Added 10-21-2011 by L.L. No. 2-2011]
(1)
The building is raised either to the elevation required by FEMA guidelines
or such that at least three feet of open space exists between the
floor joists and the surface of the preexisting grade, whichever results
in the higher elevation.
(2)
The space below the lowest horizontal structural members is left
free of obstruction.
(3)
The building is not located further seaward after the piling than
it previously was and, in any event, is not located seaward of the
crest of the primary dune.
(4)
The dune is not excavated except to the minimum extent required to
place the pilings.
(5)
The volume and cross-sectional area of the dune are not diminished
as a result of the project, and the project includes restoration and/or
replenishment of the dune as may be required to meet this condition.
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 § 80-17 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 Village 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 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 that there is an 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.
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 Village may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules.
