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HomeMy WebLinkAboutReferal NYS DEC Comm � FF®L4,Cal Town Hall ELIZABETH A.NEVILLE,MMC � ,53095 Main Road TOWN CLERK P.O.Box 1179 co Southold,New York 11971 coo REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,� ® ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER 1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 20, 2019 Matt Chelbus, P.E. Coastal Erosion and Floodplain Management Section Bureau of Flood Protection and Dam Safety, Division of Water New York State Department of Environmental Conservation 625 Broadway Albany, New York 122333 Dear Matt, In accordance with our telephone conversation, I am sending you the link to the"Coastal Erosion Hazard Board of Review Appeal Application of LCMG FINY,LLC c/o Leslie Goss"for your information and review. According to the Southold Town Code Chapter 111 Coastal Erosion all Appeals to the Review Board must be referred to the New York State Department of Environmental Conservation. http://thvpn.town.southo ld.ny.us:2040/web link/O/fol/1011976/Rowl.aspx Very truly yours, ` Eliz eth A. Neville Sout old Town Clerk Town of Southold, NY Variances and Appeals: § 111-22'Fees. Page 1 of 2 § 111-2o Variances from standards and restrictions. 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. § 111-21 Format and procedure. 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§111-20 of this chapter.The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant. § 111-22 Fees. Each variance request must be accompanied by the required fee of$250,unless said fees are modified by the Town Board under separate resolution. § 111-23 Expiration. 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 condition.Variances expire at the end of this one-year period without further hearing or action by the Coastal Erosion Hazard Board of Review. § 111-24 Coastal Erosion Hazard Board of Review. The Southold Town Board is hereby designated as the Coastal Erosion Hazard Board of Review and has the authority to: A. Hear,approve, approve with modification or deny request 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 Administrator in the enforcement of this chapter,including any order requiring an alleged violator to stop,cease and desist. § 111-25 Appeal to Board of Review. [Amended 1-29-2013 by L.L. No.1-2013] The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm,wholly or partly,or 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: https:Hecod,e360.com/5157977?highlight--erosion&searchId=585... 6/20/2019 Town of Southold, NY Variances and Appeals: § 111-22 Fees. Page 2 of 2 A. Appeals may be made only by the applicant in the underlying decision. B. Appeals must be filed with the Town Clerk within 3o days of the date of the adverse decision. C. 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/her information. D. All appeals must refer to the specific provisions of this chapter involved and specify the alleged errors,the interpretation thereof that is claimed to be correct and the relief which the appellant claims. § 111-26 Appeal to Supreme Court. 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 may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. https:Hecode360.com/5157977?highlight=erosion&searchId=585... 6/20/2019