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 § 60-20 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 or fees
as established by the Town Board under separate resolution. In addition, the
applicant shall be responsible for reimbursing the Town for any additional
costs necessary for review, inspection and approval of this project. The local
Building Inspector may require a deposit of no more than $500 to cover these
additional costs.
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 Town of Wilson 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 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 Building
Inspector in the enforcement of this chapter, including any order requiring
an alleged violator to stop, cease and desist.
A.
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 Building
Inspector, including stop or cease and desist orders. Notice of such decision
will forthwith be given to all parties in interest.
B.
The rules and procedures for filing appeals are as follows.
(1)
Appeals must be filed with the Town Clerk within 30 days
of the date of the adverse decision.
(2)
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.
(3)
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 Town of Wilson may apply to the Supreme Court for review
by a proceeding under Article 78 of the Civil Practice Law and Rules.