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 to the Coastal Erosion Hazard Board of Review and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of §
101-19 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 Board under
separate resolution.
[Amended 4-28-2023 by L.L. No. 8-2023]
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 conditions.
Variances expire at the end of this one-year period without further
hearing or action by the Coastal Erosion Hazard Board of Review. For
any previously granted approval or approval with modification or with
conditions, for which an applicable construction activity completion
date has not yet expired as of the effective date of this amendment,
the construction competition date can be extended administratively
for a period not exceeding three years from the date of the operative
approval or modification, at the discretion of the Building Inspector
in consultation with the Village Planner.
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 variance or other forms of relief from the requirements of this
chapter.
B. Hear and decide appeals where it is alleged there
are errors 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 provision 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 Village of East Hampton
administrator 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 or board of the Village of East Hampton,
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules.