§ 42-11. Review of denials of residential structure permits.

A. 

The Town Board may review any determination of the Building Department disapproving an application pursuant to § 42-7A. A majority vote of the members shall be necessary to reverse or modify the determination of the Building Department. The Town Board may consider any recommendation and supporting information submitted by the Town’s Waterfront Advisory Commission during the public comment period.

B. 

Such review must be requested by the applicant within 30 days of its receipt of notification of the disapproval by the Building Department, on a form to be supplied by the Town Clerk.

C. 

The Town Board shall hold a hearing on the review of the determination, and public notice thereof shall be given by publication in the official newspaper at least 10 but no more than 20 days prior to such hearing. The applicant shall be required to send notice by certified mail to owners of all property within a radius of 500 feet of the upland property, at least 10 days prior to the hearing, advising of the application and the hearing date, and must file with the Town Attorney, prior to the hearing date, an affidavit of mailing of the notice as required by this section. After the hearing is scheduled, the Commissioner of Planning shall forward a copy of the application to the Chair of the Town’s Waterfront Advisory Commission.

D. 

If the record shall indicate to the satisfaction of the Town Board that strict application of the provisions of this chapter is not necessary to maintain safe navigability of the waterway or to prevent undue interference with the right of the public to use the waterfront or the littoral rights of adjacent waterfront property owners, taking into account the shape and contour of the waterway and topography of the vicinity, and if the record further indicates that the proposed development conforms to all other local, state and federal regulations relating thereto, then the Town Board may vary or modify the application of such provisions so that the spirit of this chapter shall be observed.

E. 

Upon the Town Board’s reversal or modification of a determination by the Building Department, the Town Clerk shall issue the appropriate permit.