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The Village of Quogue has reached an agreement with the State Department of Environmental Conservation following a nearly year-long investigation into the village’s issuance of building permits in its coastal erosion hazard area, an environmentally sensitive region that runs along the ocean.
The Village Board on Friday authorized Quogue Mayor Peter Sartorius to sign a letter of agreement with the state agency, an accord that—if followed by Quogue officials—should result in the DEC eventually withdrawing its threat to revoke the village’s ability to grant building permits along Dune Road. As part of the agreement, Quogue must agree to allow the DEC to review all applications that fall within the village’s coastal erosion hazard area, or CEHA, for a year.
A damning report released in November 2010 by the DEC charged that the Quogue Village Zoning Board of Appeals ignored CEHA restrictions, which are designed to protect the area near the crest of the dunes, when granting building permits for Dune Road property owners. In some instances, those who own oceanfront homes were allowed to either tear down or completely gut their homes after securing permission to complete minor renovations. DEC officials threatened to revoke the village’s right to grant permits to build on the water as a result of their investigation.
Under the terms of the agreement, Quogue Village must hold public hearings to discuss changes to Chapters 80 and 196 of the village code, both of which pertain to the CEHA. One of the changes insisted by the DEC include forbidding the construction of decks—up to 200 square feet in size—in the dunes. Once the changes are made, oceanfront homeowners will be allowed to pierce the dunes only to install walkways that are wide enough to accommodate wheelchairs.
“This was language the DEC insisted upon,” said Mr. Sartorius at last week’s meeting.
The first public hearing on the new language is scheduled for Friday, October 21, during the Village Board’s next scheduled meeting.
Once the board approves the new village code language, which is expected to take place after several public hearings, Quogue Building Inspector William Nowak will receive specialized training from the DEC regarding the enforcement of CEHA building restrictions. The DEC will also continue to monitor the village’s authorization of building permits along the oceanfront for the ensuing 12 months, as part of the accord. The village had previously agreed to allow the state agency to oversee its awarding of building permits within the CEHA.
“We worked with the village to retool their [code] language,” said Aphrodite Montalvo, a spokeswoman for the DEC. “We will review the program in a year and make a determination on if they did well. If so, the program will be reinstated fully to the village.”
Mr. Sartorius said on Monday that he was pleased with the compromise, explaining that DEC and village officials have held a series of meetings over the past year to discuss the situation. “I’m satisfied with the changes and I think we can live with them,” Mr. Sartorius said. “I’m glad we’ll be able to keep our jurisdiction over the coastal erosion hazard area.”
The mayor pointed out that a significant modification to the village code will be a reduction regarding the extent of renovations that can be made to a preexisting home in the CEHA. According to the code’s new language—which has not yet been approved—homeowners seeking permission to renovate their oceanfront homes will no longer be allowed to modify their use. In other words, there can be no substantial change in the design or size of a preexisting structure. The cost of the renovations, meanwhile, must still be less than 50 percent of the value of a home. The current code allows reconstruction “with modification,” meaning that homeowners could significantly change the design and size of a structure.
Another addition to the code will require the same oceanfront property owners to secure a variance from the Quogue Village Zoning Board of Appeals prior to moving forward with renovations. A variance was not previously required.
The complete demolition and rebuilding of preexisting homes—an action that was never allowed in the CEHA—will still be prohibited. The updated code will also stipulate that in order to place a home on pilings, homeowners will need to apply for a variance from the village’s zoning board. In the past, homeowners did not need such approval.
Those property owners seeking to make modifications to their oceanfront homes will still need to secure coastal erosion management permits from the village. Though this was required before, updated CEHA maps will now be consulted before permits are granted.
The proposed changes to the code were brought about after last year’s DEC report concluded that several homeowners, including Jeffrey and Randi Levine, expanded their Dune Road homes into the village’s coastal erosion hazard area. Additionally, the DEC determined that the Levines spent more than 50 percent of the value of their home on renovations in 2006. The village’s current rule, however, never stipulated that the original intent of a structure could not be greatly expanded as part of the renovations.
Mr. Sartorius argued in a letter sent to the DEC in February that the 50-percent rule was hard to enforce in this instance, noting that once the village had checked up on the reconstruction, it had already cost “way more than originally envisioned.”
To clarify the rule about capping the costs of renovations, the updated village code strives to provide a better definition of reconstruction work that is permitted. A portion of the code will state that homes up for renovations “must have the same size, design and function as the other house” once the work is completed. If not, permits will not be granted. The DEC is looking to clarify the rule because, in the past, some homeowners have completely gutted their homes after securing permits to complete renovations.
The code change is intended to ensure that a renovation project remains under the constant supervision of an administrator—either the DEC or village—and that the cost of the work does not exceed 50 percent of the value of the home. Also, a supervisor must make sure that a structure’s use does not change following the renovations.
The construction on the Levines’ oceanfront property was also a point of contention involving Quogue Village and the Southampton Town Trustees, that latter of whom have jurisdiction between the high water mark and the ocean along the town’s beaches. The Levines secured an emergency permit from the village to install geotubes—large nylon tubes that are filled with sand and designed to stave off erosion—but never received permission from the town. The Town Trustees sued the Levines after learning that the geotubes had been installed on the beach.
