Village of Lake Grove, NY
Suffolk County
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The Board of Appeals as established by the Village Board shall hear and decide appeals and requests for variances from the requirements of this chapter.
The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter.
Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court, pursuant to Article 78 of the Civil Practice Law and Rules.
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
The danger that materials may be swept onto other lands to the injury of others;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The Local Administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
Variances shall be based upon a hardship that runs with the land and shall not be issued for economic or other personal hardships.
Variances shall be issued upon:
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in significant hardship; and
A determination that the variance will not result in increased flood risks, create nuisances, cause fraud or victimization of the public or conflict with existing local laws and ordinances.
Variances to this chapter shall be consistent with requirements for variances to other local and state law, code or regulation.