An attorney representing the owners of the only property that would be affected if the state strips the Village of Quogue’s authority to issue building permits along the ocean said a $7.5 million project to tear down and rebuild a house further from the ocean should not be hindered by the battle between the state and village.
John Bennett, of the Southampton Law Firm Bennett & Read, LLP, who is representing the owners of a home at 22 Dune Road—whom he declined to identify—said his clients have a “good application” for the demolition and rebuild before the Quogue Zoning Board of Appeals, and that the permit process will proceed as projected. Village documents identify the property owner as 22 Dune Road LLC, with principals John E. Westerfield and Marlissa H. Westerfield of Bronxville. They could not be reached for comment.
The property is the sole pending application that would be affected if the DEC decides to strip the village of its right to process building applications for oceanfront properties—which the state agency has threatened to do. The village came under fire in November after the DEC issued a scathing report that accused officials, including the village’s Zoning Board of Appeals, of virtually ignoring review protocols for the construction of homes in environmentally sensitive areas along the ocean.
Mr. Bennett said the application, which has been before the zoning board for about a year, seeks permission to demolish the existing home and build a new one further from the dunes. He added that the construction would aim to move the home away from the toe of the primary dune, which would better comply with the state’s coastal erosion regulations.
The proposal notes that, currently, the entire 1,529-square-foot main residence lies seaward of the Coastal Erosion Hazard Area line. Under the proposal, 399 square feet of the new main residence would be seaward of that line. The property’s total structures—including the main residence, pool enclosure, pavilion, decking and walkways—measure almost 6,700 square feet and, under the amended proposal, 5,651 square feet would fall in the hazard area.
The application is on the Quogue Zoning Board of Appeals agenda for Saturday, January 15, at 3 p.m. at Quogue Village Hall.
“The property is currently improved with a two-story house, decking, garage, accessory building, wood platforms and wood walkways, all of which benefit from a certificate of occupancy issued on December 14, 2009,” according to the application. It notes that if approval is granted, “the applicant will remove the existing two-story frame house, decks and wood walkways, all of which are fully seaward of the Coastal Erosion Hazard Line.”
According to the application, the new home will include a pool and decking that will “meet the required 25-foot from the toe of dune setback.” The new home would also require the installation of a new sanitary system on the property.
The DEC report alleges that the village dismissed criteria laid out by the state for a Coastal Erosion Hazard Area, or a geographic area set by the state where certain building restrictions apply. Those restrictions have been put in place in order to protect dunes that front the ocean, and serve as a first defense in the event of rising waters and storms.
The village maintains that it did not have malicious intent while providing permits for the properties listed in the report. Mayor Peter Sartorius said the village is currently working on drafting a response to the DEC, which is due by February 15. He added that Quogue Village Attorney Richard DePetris is assisting in crafting the response. Mr. Sartorius declined to comment on what the response would be or about the pending 22 Dune Road application.
In a letter dated December 13, Mr. Sartorius wrote to four different attorneys representing the owners of 22 Dune Road, including Mr. Bennett, alerting them to the issue with the DEC, and noting that he would be responding accordingly.
According to the village’s deputy clerk, Denise Michalowski, only homes specifically named in the DEC’s report would be affected.
Laura Cooper on Jan 5, 2011