HomeMy WebLinkAboutTB-01/13/2026 CEHA PH (536 Bayview LLC) 1
1 TOWN OF SOUTHOLD
COUNTY OF SUFFOLK : STATE OF NEW YORK
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SOUTHOLD TOWN BOARD
4 COASTAL EROSION HAZARD BOARD OF
REVIEW APPEAL FOR 536 BAYVIEW, LLC
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Southold, New York
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January 13 , 2026
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B E F 0 R E :
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ALBERT KRUPSKI JR, SUPERVISOR
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KATE STEVENS , JUSTICE
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JILL DOHERTY, COUNCILWOMAN
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BRIAN MEALY, COUNCILMAN
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ANNE SMITH, COUNCILWOMAN
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ALEXA SUESS , COUNCILWOMAN
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JANUARY 13, 2026 PUBLIC HEARING 2
1 COASTAL EROSION HAZARD BOARD OF
2 REVIEW APPEAL FOR 536 BAYVIEW, LLC
3 TOWN CLERK DENIS NONCARROW : This
4 appeal to the Town Board in its capacity
5 as a Coastal Erosion Hazard Board of
6 Review pertains to the premise owned by
7 536 Bayview, LLC and located at 54505
8 County Road 48 , Greenport, New York .
9 Applicant appeals a determination of the
10 Southold Town Board of Trustees dated
11 November 3 , 2025 , denying a request for
12 a Coastal Erosion Hazard Area permits
13 for Number 1 , existing 42 . 5 x 30 . 5
14 single-family dwelling, with seaward
15 16 . 4 x 28 feet on-grade paver patio .
16 Number 2 , 8 . 1 . X 31 . 1 wood-tie curb area
17 Bocce Court . Number 3 , we have a 3 x
18 6 . 4 wood steps in pathway, and Number 4
19 2 . 6 x 9 beach stairs . Legal notice for
20 the Appeal are published no less than 10
21 days prior to the hearing in an eligible
22 legal town newspaper . The Town Clerk ' s
23 Office has received the Affidavit of
24 Service from the newspaper indicating
25 that notice was timely published . The
JANUARY 13, 2026 PUBLIC HEARING 3
1 Town Clerk file also includes an
2 Affidavit of Posting of the public
3 notice of on the Town Clerk ' s bulletin
4 board at Town Hall .
5 SUPERVISOR AL KRUPSKI JR . : Thank
6 you . Mr . DeChance , is the record
7 complete for notification?
8 TOWN ATTORNEY PAUL DECHANCE : Yes ,
9 Mr . Supervisor, the record is complete .
10 I would like to, if I could for the
11 Board, just clarify some issues with the
12 upon ' s counsel before we begin . While
13 the Trustee ' s decision denied CEHA
14 permits for "all structures , " the survey
15 before the Board will show as the
16 Coastal Erosion Hazard Area Line is
17 depicted in the photograph going
18 straight through the existing dwelling,
19 that the only structures affected by the
20 denial of CEHA permit, and the appeal
21 are the dwelling, the patio, the
22 wood-tie curb area, which is the Bocci
23 Court, and the steps in the beach
24 stairs . There ' s a detached garage
25 structure at the premises in addition to
JANUARY 13, 2026 PUBLIC HEARING 4
1 other structures that are outside of the
2 Coastal Erosion Hazard Area, that were
3 not technically part of the denial and
4 therefore no appeal pending with regards
5 to the structure .
6 PATRICIA MOORE : Thank you .
7 SUPERVISOR AL KRUPSKI JR . : Thank
8 you, Mr . DeChance . And for
9 clarification, there was a Wetland
10 Permit issued by the Board of Trustees
11 on this ?
12 PATRICIA MOORE : Yes .
13 SUPERVISOR AL KRUPSKI JR . : Thank
14 you . All right . Would anyone like to
15 speak on the application?
16 PATRICIA MOORE : Yes . Good
17 morning . Patricia Moore on behalf of
18 the applicants . This is what we call
19 those technical appeals because
20 absolutely everything that is part of
21 this application is existing . And in
22 particular, the house was built in 1968 .
23 The reason for this appeal is somewhat
24 of a technical discrepancy between a
25 Wetland Permit and Coastal Erosion
JANUARY 13, 2026 PUBLIC HEARING 5
1 Permit . As you know from the
2 legislation, the Town Code 275 , and
3 other Board members that have been
4 previously on the Trustees Board, the
5 Town Board adopted the Wetland Code that
6 says that when one goes in to get a
7 Wetland Permit for preexisting
8 structures , you describe everything .
9 And that enables the owner at any point
10 in time to be able to maintain the
11 structure , because you have -- you can
12 only maintain a structure -- maintain a
13 permitted -- terrible grammar, but a
14 permitted structure . So wetland permits
15 have the full description of everything
16 that ' s on the property . Particularly
17 when something has been built many, many
18 years ago, which is the case here .
19 The -- my client was selling the house,
20 and we noticed that the original deck,
21 which was on the property, was on-grade ,
22 had been replaced with a patio on-grade .
23 Nothing major . And there was a Bocce
24 Court, which quite frankly looks like a
25 very shallow planter, and the buyer
JANUARY 13, 2026 PUBLIC HEARING 6
1 wanted to keep the Bocce Ball Court .
2 And so we proceeded as good sellers to
3 get the permit, so that everything would
4 be legal for the new buyer . That
5 started a process that leads us here
6 today . We got the Wetland Permit .
7 These are all existing structures . Part
8 of the wetland permit was to put
9 drainage, new drainage for the house ,
10 which was completed and done . And that
11 was one of the conditions of the Wetland
12 Permit . That work has been completed .
13 Also, the top of the bank has a non-turf
14 buffer, which again, was additional
15 vegetation was added . So the Wetland
16 Permit has been completed, and full and
17 all conditions met . We had to come to
18 the -- for coastal erosion, I think in
19 part because I disagree -- or I would
20 hope the Trustees would read the code,
21 and read for themselves , the fact that
22 existing structures that were located
23 prior to the adoption of the Coastal
24 Erosion Law do not need permits , and can
25 be maintained without a permit . That ' s
JANUARY 13, 2026 PUBLIC HEARING
1 what the Coastal Erosion Law says . The
2 only new -- and I want to say new, it ' s
3 15 years old, the only new -- and we
4 don ' t even under the code call it a
5 structure , is the patio on-grade . So
6 here we are thousands of dollars later
7 with a Coastal Erosion Appeal for
8 existing structures , in particular a
9 patio, which is on-grade . Not a
10 structure , and a Bocce Ball Court , which
11 is looks like a very shallow planter .
12 Everything has been completed . A little
13 bit more training or reading of the code
14 would have avoided this whole
15 application because again, it is -- in
16 reading the Coastal Erosion Law, this
17 appeal would not have been necessary .
18 Nevertheless , we are here . We hope
19 that -- you have a choice of either
20 saying for future reference to
21 applicants and to the Trustees , listen
22 guys , you don ' t need this . So write a
23 determination that says everything is
24 preexisting, and under the code it ' s not
25 required, or just issue the permit . At
JANUARY 13, 2026 PUBLIC HEARING 8
1 this point , all the money ' s been spent,
2 all the process has been taken . This
3 closing took place more than six months
4 ago, if not longer, and we did the right
5 thing for the buyer, but no good deed
6 goes unpunished, and here we are . So
7 that is all , if you have any questions ,
8 I ' m happy to address them . Thank you .
9 SUPERVISOR AL KRUPSKI JR . : Thank
10 you, Pat . Does anyone have any
11 questions ?
12 COUNCILWOMAN DOHERTY : Yes . I
13 don ' t have the full application, full
14 file in front of me, what ' s the square
15 footage of the patio and the Bocce Ball
16 together?
17 PATRICIA MOORE : Oh, together?
18 COUNCILWOMAN DOHERTY : Get over the
19 200 square foot?
20 PATRICIA MOORE : Oh, well , you have
21 to determine that it ' s activity .
22 COUNCILWOMAN DOHERTY : I And what ' s
23 the base of the patio and the Bocce Ball
24 Court? Is it a pervious base?
25 PATRICIA MOORE : Yeah . Yeah, it ' s
JANUARY 13, 2026 PUBLIC HEARING 9
1 on sand . Yeah, yeah . But again, the
2 definition of activity or substantial
3 activity, the Coastal Erosion Law was
4 not intended to bring everything into
5 coastal erosion . It was for substantial
6 structure . So if we were building this
7 house, for sure , you would need a
8 Coastal Erosion Permit, so .
9 COUNCILWOMAN DOHERTY : Yeah, I just
10 wanted to ask questions on the new part .
11 PATRICIA MOORE : Sure , no problem .
12 SUPERVISOR AL KRUPSKI JR . : Any
13 other questions ?
14 (No Response ) .
15 SUPERVISOR AL KRUPSKI JR . : And
16 honestly, the benefit to the owner is
17 now they have a Coastal Erosion Permit .
18 And you know the way that law was
19 written --
20 PATRICIA MOORE : It ' s a mess .
21 SUPERVISOR AL KRUPSKI JR . : Yes ,
22 it ' s very generous .
23 PATRICIA MOORE : That is a
24 generous . Yes , it is . But then again,
25 our code is no better . So yeah, as I
JANUARY 13, 2026 PUBLIC HEARING 10
1 said, we -- I always take the more
2 conservative position . I wouldn ' t want
3 the buyer coming back to me and say, why
4 didn ' t you do this when it was a gray
5 area . So here we are .
6 SUPERVISOR AL KRUPSKI JR . :
7 Absolutely . If something happens in
8 Long Island, it sounds pretty dynamic
9 that now they have --
10 PATRICIA MOORE : Yeah, I mean, the
11 property is protected . There ' s a
12 bulkhead . It all has -- the owner at
13 the time , it was a long time ownership,
14 the prior owners . I think they owned it
15 for many, many years . I think they even
16 were the ones who put in the bulkhead .
17 So the family decided to sell . The new
18 buyers are mature . And it will benefit
19 them, of course . Thank you .
20 SUPERVISOR AL KRUPSKI JR . : Anyone
21 else would like to speak on this ?
22 (No Response ) .
23 SUPERVISOR AL KRUPSKI JR . : Motion
24 to close the hearing?
25 COUNCILWOMAN DOHERTY : Motion to
JANUARY 13, 2026 PUBLIC HEARING 11
1 close the hearing .
2 SUPERVISOR AL KRUPSKI JR . : Second?
3 COUNCILMAN BRIAN MEALY : Second .
4 SUPERVISOR AL KRUPSKI JR . : All in
5 favor?
6 COUNCILWOMAN DOHERTY : Aye .
7 COUNCILMAN BRIAN MEALY : Aye .
8 COUNCILWOMAN ANNE SMITH : Aye .
9 COUNCILWOMAN ALEXA SUESS : Aye .
10 JUSTICE KATE STEVENS : Aye .
11 SUPERVISOR AL KRUPSKI JR . : Aye .
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13 (Whereupon, the public hearing
14 concluded at this time . )
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JANUARY 13, 2026 PUBLIC HEARING 12
1 C E R T I F I C A T I O N
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3 I , Jessica DiLallo , a Notary Public
4 for and within the State of New York, do
5 hereby certify :
6 THAT, the within transcript is a
7 true record of said Board Meeting .
8 I further certify that I am not
9 related either by blood or marriage to
10 any of the parties to this action; and
11 that I am in no way interested in the
12 outcome of this matter .
13 IN WITNESS WHEREOF, I have hereunto
14 set my hand this day, January 13 , 2026 .
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17 (Je ica UD ' Lallo)
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