HomeMy WebLinkAbout1000-121.-4-21 OFFICE LOCATION: rivMAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Telephone: 631 765-1935
Southold, NY 11971
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Glenn Goldsmith, President
Town of Southold Board of Trustees
Cc: Honorable Lori Hulse, Attorney
From: Heather Lanza, AICP, Planning Director
LWRP coordinator
Date: September 14, 2026
Re: LWRP coastal consistency Review
RODULFO DAVID CIFUENTES, SCTM #1000-1 21.-4-21
This application is for the existing 1,074 sq. ft. one-story cottage that includes a
9.2'x24.5' enclosed porch with a 3'x4.2' entry and steps, a 215 sq. ft. deck with brick
steps, 3.5'x3.5' wood steps, and raised a/c unit; a 3.6'x4.3' outdoor shower; a 60 sq. ft.
shed and a 3.3'x5' generator on a concrete pad; existing 10.4'x15.911 seaward wood
deck/dock; existing 345.47 sq. ft. wood dock consisting of a 16.66 sq. ft. landward fixed
ramp to a 48.45 sq. ft. fixed ramp to a 38.18 sq. ft. fixed walk to a 175.68 sq. ft. fixed
platform with a 57 sq. ft. fixed access platform with 3.2' steps down.
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 6. Protect and restore the quality and function of the Town of Southold
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
E. Maintain buffers to ensure that adverse effects of adjacent or nearby
development are avoided:
3. Maintain existing indigenous vegetation within buffer areas.
The as-built structures are inconsistent with Policy 6.3A, because the structures were
built without regulatory permits.
Background
The parcel of the proposed action contains a residence that is old enough for apre-C/O
(buildings constructed before 1957) and was not held to the present Town Code. Today,
the parcel is considered a nonconforming lot with a nonconforming pre-existing building.
However, there have been improvements and additions that appear to have been done
later without the necessary permits.
A survey from a building permit application submitted in 1988 by Ronald and Cornelia
Shapiro showed the parcel contained the single-family cottage, the brick retaining wall
in the front yard, a front yard shed, a wood patio, a wood walk, and a rear yard shed.
In April 2025, the Trustees discovered a new retaining wall and fill in the rear yard
that was constructed without permits. The Trustees required the owner to apply to
remove the retaining wall to return the land to its natural grade and vegetate the area
with native plants. This action resulted in an administrative permit in March 2026.
The proposed action to obtain permits for as-built structures is inconsistent with Policy
6.3.A, which states that actions must comply with the Southold Town Board of Trustees'
laws and regulations. Pursuant to Town Code Chapter §275-11 C(2)(a)[10] Preexisting
nonpermitted and/or nonconforming structures cannot be replaced in kind without full
review and approval by the Trustees; any renovation work that had previously been
done on the property should have been reviewed in its entirety by the Board of
Trustees.
The submitted survey shows two docks on a residential lot. This does not comply with
Town Code Chapter §275-11 C(2)(c)[1][a], which states only one mooring or dock may
be permitted per residential lot, and Town Code Chapter §275-11 C(2)(b)[3][a], which
states that no new docks utilized for residential purposes shall be permitted on Laurel
Lake.
The revegetated buffer that was required for the previous administrative permit from
Trustees has not been maintained and contains some non-native plants. This is
inconsistent with Policy 6.3.E(3), which states the buffer must be maintained with native
vegetation. The non-native plants should be removed and replaced with native plants.
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Aspects of the proposed action, such as the generator and AC units are consistent with
Policy 4.1.A, which encourages structures to be located away from flooding hazards.
Although there are no FEMA flood zones shown on the parcel, the Trustees'
Administrative Permit filed in 2025 contains photos that show flooding underneath the
house. All proposed accessory structures are placed on the side or landward of the
residence.
If any future development is proposed on this lot, please keep in mind Policy 5, Protect
and restore the quality and function of the Town of Southold ecosystem and its
subcategories below:
6.1 Protect and restore ecological quality throughout the Town of Southold
B. Protect and restore ecological quality by adhering to the following measures.
1. Maintain values associated with natural ecological communities. Each
natural ecological community has associated values which contribute to
the ecological quality of the Town of Southold. These values should be
assessed on a case-by--case basis.
2. Retain and add indigenous plants to maintain and restore values of
natural ecological communities.
5. avoid permanent adverse change to ecological processes.
C. Reduce adverse impacts on ecological quality due to development.
1. Reduce adverse effects of existing development.
2. Mitigate impacts of new development.
6.3 Protect and restore tidal and freshwater wetlands.
C. Prevent the net loss of vegetated wetlands according to the following
measures. Use the measure resulting in the least environmentally damaging
practicable alternative.
3. Provide compensatory mitigation for adverse impacts which may result
from unavoidable fill, excavation or other activities remaining after all
appropriate and practicable minimization has been accomplished
e. Protect wetland functions and associated benefits regardless of
the availability of compensatory mitigation.
(ii) Do not fill, excavate, or dredge vegetated wetland areas
when the wetland loss would result in significant impairment
of the remaining wetland area.
E. Maintain buffers to ensure that adverse effects of adjacent or nearby
development are avoided:
1. Maintain buffers to achieve a high filtration efficiency of surface runoff.
2. Avoid permanent or unnecessary disturbance within buffer areas.
P Restore tidal wetlands and freshwater wetlands, wherever practical, to foster
their continued existence as natural systems by:
1. reconstructing lost physical conditions to maximize wetland values,
4. protecting lands adjacent to wetlands from alterations so as to
maximize natural buffers to wetlands.
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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.
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