HomeMy WebLinkAboutDEC Referral Neville, Elizabeth
From: Neville, Elizabeth
Sent: Wednesday,July 10, 2019 11:43 AM
To: 'matthew.chlebus@dec.ny.gov'
Subject: Bashian Coastal Erosion Appeal to Board of Review
Importance: High
Good Morning Matthew,
I am sending you another application for an Appeal to the Coastal Erosion Board of Review.
You may review all documents in the folder from the link below.
http://thvpn.town.southold.ny.us:2040/weblink/O/fol/1009961/Row l.aspx
Would you please send me an e-mail confirming that you have received both the Bashian CEA and the previous
LCMG FINY LLC CEA applications?
Thank you.
Elizabeth A. Neville, MMC
Southold Town Clerk,Registrar of Vital Statistics
Records Management Officer;FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
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Town,of Southold, NY Variances and Appeals Page 2 of 2
§ 111-25 Appeal to Board of Revie��"�.
[Amended 1-29-2013 by L.L. No.1-20131
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:
A. Appeals maybe 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/5157982 5/16/2019
Town of Southold, NY Variances and Appeals Page 1 of 2
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Chapter ill Coastal Erosion Hazard Areas
Article N Variances and Appeals
§ 111-20 Variances from standards and restrictions.
Strict application of the standards and restrictions of this chapter may cause practical difficulty or unnecessary
hardship. When th'is 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.
https:Hecode360.com/5157982 5/16/2019
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TOWN OF SOUTHOLD
APPLICATION FOR APPEAL TO
THE COASTAL EROSION HAZARD BOARD OF REVIEW
DATE Fee: $250.00
NAME OF APPLICANT:
ADDRESS:
DATE OF DECISION APPEALED FROM
SPECIFIC CHAPTER/SECTION INVOLVED
THE ALLEGED ERRORS IN THE DETERMINATION ARE:
INTERPRETATION THAT IS CLAIMED TO BE CORRECT:
RELIEF SOUGHT:
*COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY
RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL
SIGNATURE OF APPLICANT