A.
Grievance/Building Inspector and/or the Town Engineer. Any applicant aggrieved by the action of the Building Inspector and/or the Town Engineer under an administrative approval as provided herein may take an appeal to the Commission within 20 days from the filing of said action with the Town Clerk. Upon receipt of the notice of appeal, the Commission shall, within 20 days, set a time when a hearing on such appeal will be heard under the standards in § 63-23.
[Amended 4-9-1998]
B.
Grievance/rehearing. Any applicant aggrieved by the action of the Commission may request, within 30 days, a rehearing of the decision of the Commission, except for a decision rendered on an appeal as allowed in § 63-38A of this chapter. Only one rehearing will be allowed for each application.
C.
Grievance/judicial review. Any applicant aggrieved
by any decision of the Commission may apply to the Supreme Court of
the State of New York for relief in the manner provided by law or,
in the alternative, may appeal to the Freshwater Wetlands Appeal Board
pursuant to Title 11 of the Environmental Conservation Law of the
State of New York.
D.
Grievance/condemnation. In the event that the court
finds the action reviewed constitutes a taking without just compensation
and the land so regulated merits protection under this article, the
court may, at the election of the Commissioner of the New York State
Department of Environmental Conservation or Town Board, respectively,
either set aside the order or require the Commissioner or Town Board,
respectively, to proceed under the condemnation law to acquire the
wetlands or such less than fee rights as have been taken.
