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HomeMy WebLinkAbout1000-73.-2-3.1 OFFICE LOCATION: MAILING ADDRESS: 01 Town Hall Annex P.O. Box 1179 .54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765 1938 9 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Leslie Kanes-Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Cc: Glenn Goldsmith, President Town of Southold Board of Trustees Honorable Lori Hulse, Attorney Julie McGivney, Assistant Town Attorney From: Heather Lanza, AICP, Planning Director LWRP Coordinator Date: August 19, 2026 Re: LWRP Coastal Consistency Review K2J4E6 LLC, SCTM #1000-73.-2-3.1 ZBA File Ref. No. #8127 This application is a request for a variance from Article XXII Section §280-116A(1). The Building Inspector's March 16, 2026 Notice of Disapproval is based on an application to construct additions and alterations to an existing single-family dwelling and to legalize an "as built" accessory deck at 9202 Bridge Lane, Cutchogue, NY. The proposed action has been reviewed under Chapter §268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the policies of the LWRP as follows: Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion 4.1 Minimize losses of human life and structures from flooding and erosion hazards A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy 6: Protect and restore the quality and function of the Town of Southold's ecosystem 6.3. Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction This proposed action is on a lot with a nonconforming pre-existing residence located within the Coastal Erosion Hazard Area along the Long Island Sound. The proposed accessory deck is inconsistent with Policy 4.1.A.1.a which states that no development is permitted in natural protective feature areas. The deck is located on the face of the bluff, a natural protective feature. It is also inconsistent with 4.1.A.1.b which calls to locate structures the maximum distance away from Coastal Erosion Hazard Areas. The accessory deck was built within the Coastal Erosion Hazard Area. This is also noncompliant with Town Code Chapter §111-10D which states the construction of nonmovable structures... to an existing structure is prohibited. The as-built accessory deck is also inconsistent with Policy 6.3.A because it was built without regulatory permits. For this action to be found consistent, the deck should be removed. Although the residence is already nonconforming, the proposed 2nd floor addition is consistent with Policy 4.1.A which calls to locate development and structures away from flooding and erosion hazards. The proposed 2nd floor addition is located landward of the wetland boundary and does not alter the building footprint. If the proposed action contained only the additions and alterations to the existing single-family dwelling, the action could be deemed consistent. In addition to the Zoning Board of Appeals variance, please note the proposed action is within the jurisdiction of the Board of Trustees, and requires the approval of a wetland permit. The proposed action has been reviewed under Chapter§268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. 2