Applicant proposes stair redesign and coordinated removal of sandbag seawall; planning urges 4‑ft walkway standard

The board’s third hearing addressed a complex coastal application for 38 Surfside Avenue that includes removal of approximately 40 linear feet of sandbag seawall, allowing about 122 linear feet of coastal walkway to remain, reconstructing a staircase to the beach, and retaining 104 square feet of decking that encroaches on side‑yard setbacks. The applicant filed an amended NRSP after DEC enforcement and an Order on Consent.

Applicant counsel explained the removal plan and said the owners have coordinated with the New York State Department of Environmental Conservation, which provided an administrative path for staged remediation while permitting work proceeds. Kyle Hubard of First Coastal testified about structural plans: the staircase foundations will rely on driven piles with deeper piles nearest the bluff face, and the team proposed reorienting the stair run to run parallel to the bluff face and to place supports in deeper sand below the bluff.

Brian Frank of the planning department told the board coastal structures are exempt from coastal setbacks but the town standard for access walkways is typically a 4‑foot width; he said narrowing would reduce storm damage and trespass risk. Frank encouraged removing the sandbags carefully and recommended stronger woody revegetation as mitigation. The applicant asked to leave the record open for two weeks to submit additional materials on walkway width and access equipment; the board closed the public hearing but left the record open for two weeks to accept those materials.

The planning department indicated it supports the revised parallel stair drawing but prefers a 4‑ft walkway where feasible and urged revegetation and careful environmental oversight during sandbag removal.