EH Town Zoning Board of Appeals              300 Pantigo Place

                            East Hampton, NY  11937

              Regular Meeting              www.ehamptonny.gov

 

              ~ Minutes ~              Denise Savarese

                            (631) 324-8816

 

Tuesday, February 11, 2020              6:30 PM              Town Hall Meeting Room

 

I.              CALL TO ORDER

6:30 PM Meeting called to order on February 11, 2020 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Organization

Title

Status

Arrived

John P. Whelan

Town of East Hampton

Chairman

Present

 

Theresa Berger

Town of East Hampton

Board Member

Present

 

Roy Dalene

Town of East Hampton

Vice Chairman

Present

 

Tim Brenneman

Town of East Hampton

Board Member

Present

 

Joan Morgan McGivern

Town of East Hampton

Board Member

Present

 

Denise Savarese

Town of East Hampton

Secretary

Present

 

NancyLynn Thiele

Town of East Hampton

Assistant Attorney

Present

 

II.              WORK SESSION:

III.              RESOLUTIONS

A.              Ajello

SCTM# 300-19-8-22.1

 

19 Fenwick Road

Montauk

 

Request for an Extension of Time to maintain valid Building Permit.

 

Member Berger made a motion to approve the Extension of Time. Vice Chairman Dalene seconded. All members were in favor.

B.              Tesler

SCTM#300-152-2-15.27

 

3 Whalers Lane

Amagansett

 

Request for an Extension of Time to Initiate Construction.

 

Chairman Whelan made a motion to approve the Extension of Time. Member Brenneman seconded. All members were in favor.

C.              40 Hedges Bank Drive Corp.

SCTM# 300-35-2-6

 

40 Hedges Banks Drive

East Hampton

 

Request for an Extension to obtain a Certificate of Occupancy

 

Member Brenneman made a motion to approve the Extension of Time. Vice Chairman Dalene seconded. All members were in favor.

 

IV.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Levine

872 Montauk Highway, Amagansett

SCTM# 300-152-02-29.1

             

To construct a 420 sq. ft. covered porch within jurisdiction and patios and pathways outside of jurisdiction.

 

Chairman Whelan made a motion to approve the application going Administratively. Member Berger seconded. All members were in favor.

 

B.              Hendel

10 Gerard Place, Montauk

SCTM# 300-019-10-17

 

To construct a 3,555 sq. ft. two story residence with swimming pool, patio, porches, and fencing within jurisdiction and a sanitary system outside of jurisdiction.

 

Member Berger made a motion to approve the application going Administratively. Vice Chairman Dalene seconded. All members were in favor.

 

C.              Goodman

65 South Fairview Ave., Montauk

SCTM# 300-028-08-1

 

To construct a 432 sq. ft. swimming pool with 910 sq. ft. patio, pool equipment, pool fencing, deck stairs, and basement stairs with revegetation buffer.

 

Member Berger made a motion to approve the application going Administratively. Member Brenneman seconded. All members were in favor.

 

D.              Devon Yacht Club

82 Bendigo Rd., Amagansett

SCTM# 300-127-03-16 & 17

 

To replace the 73 linear foot timber eastern jetty.

 

Chairman Whelan made a motion to approve the application going Administratively. Member McGivern seconded. All members were in favor.

 

E.              Merz/Roiphe

271 Kings Point Rd., Springs

SCTM# 300-024-01-25

 

To construct  1,310 sq. ft. of two story additions, rebuild and reduce the second story decking, renovate the existing residence within jurisdiction and construct an upgraded I/A sanitary system outside of jurisdiction with revegetation buffer.

 

Vice Chairman Dalene made a motion to approve application going Administratively. Member Berger seconded. All members were in favor.

V.              BOARD DETERMINATIONS:

A.              Peskin - Modification

85 Hampton Lane, Amagansett; SCTM# 300-176-07-17

 

Request for Modification to allow swimming pool to remain where constructed. 

 

Chairman Whelan made a motion to deny the Modification. Member Brenneman seconded. All members were in favor.

 

B.              Langan - 1-21-20 Public Hearing

SIZE/LOCATION:              10,000, 1843 Montauk Highway, n/a, Amagansett (300-131-01-01)

DESCRIPTION:              To demolish the current improvements and construct a two story 2,623 sq. ft. residence, 60 sq. ft. covered porch, 1,174 sq. ft. of decking, sanitary system, and driveway within the Town jurisdiction of freshwater wetlands

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to  255-4-20, variances from 255-4-30 (Minimum wetland setbacks),  255-11-10 (Table of Dimensional Regulations) of the Town Code and any other relief necessary.  The following variances are required: (1) a 9.5 variance is required to install the sanitary system 140.5 from wetlands where a  150 setback is required; (2) & (3) variances of 13.1 and 2.4 are required to construct the decking and residence 86.9 and 97.6, respectively, from freshwater wetlands where 100 setbacks are required; (4) a 5 variance is required to construct decking 15 from the  front yard lot line where a 20 setback is required and (5) a variance is required to allow the proposed residence to exceed the maximum Gross Floor Area of 2,600 sq. ft.

ZONING DISTRICT: B Residence AE Flood Zone, elevation 10

SEQRA CLASS: Type II

 

Board unanimously voted to move forward on Application at February 25th Work Session and discuss the project

VI.              BOARD DECISIONS:

A.              Bartfield - 1-28-20 Public Hearing

SIZE/LOCATION: 7537 sq. ft., 31 Rehan Ave, Map of Oceanside, lot 76, map #2730, Montauk (300-031-01-27)

DESCRIPTION:              To demolish the existing residence and construct a two story 1,855 sq. ft. residence with 1,416 sq. ft. of total decking, hot tub, and sanitary system on a parcel of land within the Town's Jurisdiction of freshwater wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to 255-4-20 of Town code and one variance is required.  One variance of 10.1 from 255-3-40 (Minimum Wetland Setbacks) of the Town Code is required to construct the sanitary system 139.9 from freshwater wetlands where a 150 setback is required, and any other relief necessary.

ZONING DISTRICT: B Residence AE Flood Zone, elevation 12

SEQRA CLASS: Type

 

Board discussed Application

B.              ASKU LLC - 1-28-20 Public Hearing

SIZE/LOCATION: 6,365 sq. ft., 28 South Eldert St., Montauk Beach Development Corp, Shepard Neck Section, filed 5/6/1927, Montauk (300-048-05-38.1)

DESCRIPTION:              To allow an 18 sq. ft. addition to remain where the lot coverage is above the maximum allowed for this parcel.

RELIEF SOUGHT: One variance from 255-11-10 of the Town Code to allow the lot coverage to exceed the allowable limit by 216 sq. ft., and any other relief necessary.

ZONING DISTRICT: B Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board discussed Application

C.              Schiff - 1-28-20 Public Hearing

SIZE/LOCATION: 14,261 sq. ft., 15 Harbor Lane, n/a, Springs (300-080-02-02)

DESCRIPTION:              To construct 775 sq. ft. of additions to the residence, a 200 sq. ft. screened porch and to reconstruct a deck within 100 of wetlands on a parcel of land containing tidal wetlands and surface waters.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to 255-4-20 of Town code and four (4) variances are required for this application. A 4.9 variance from 255-11-10 of the Town Code is required to construct the proposed additions 15.1 from the front lot line where a 20 setback is required. Three variances of 48.7, 41 and 30.6 from 255-4-40 of the Town Code are required to construct the additions to the residence, enclosed porch, and bilco doors, 51.3, 59 and 69.4, respectfully, from tidal wetlands where 100 setbacks are required, and any other relief necessary.

ZONING DISTRICT: A5 Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board discussed Application

D.              Peters - 2-4-20 Public Hearing

SIZE/LOCATION: 10,400, 25 Seaview Avenue, Surfside Estates Map no 1690, Montauk (300-049-02-24)

DESCRIPTION:              To construct 601 sq. ft. of additions to the residence, 1,139 sq. ft. of decking, and a 288 sq. ft. swimming pool and allow an existing wood wall, and post and rail fence within 100 of freshwater wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) and seven (7) variances from 255-4-40 (wetland setbacks). Variances of 30, 36, 24, 9, 19, 17 & 58 respectively to allow the construction of an addition to the residence 70, decking 64, a swimming pool 76, pool equipment 91, an outdoor shower 81 and to allow an existing, existing wood wall 83, and an existing post and rail fence 42 from wetlands where a 100 setback is required, and any other relief necessary.

ZONING DISTRICT: B Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board discussed Application

E.              Sweatt - 2-4-20 Public Hearing

SIZE/LOCATION: 18,710 sq. ft. 15 South Greenwich St., Montauk Beach Development Corp Lots 3 and 4, Montauk (300-032-02-11.2)

DESCRIPTION:              To allow approximately 1,500 sq. ft. of brick patio and walkway, 185 linear feet of stone walls, 31 linear feet of fencing, 25 sq. ft. outdoor shower and trellis to remain on a parcel  of land within the Town's jurisdiction of freshwater wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to 255-4-20 of Town code and five variances are required. Variances of 90, 87, 80, 75, and 57 from 255-4-30 (Wetland

Setbacks) to allow the brick patio, walkways, stone walls, outdoor shower, and trellis to remain 10, 13, 20, 25 and 43 respectively from freshwater wetlands where 100 setbacks are required, and any other relief necessary.

ZONING DISTRICT: B Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board discussed Application

F.              Wilson - 2-4-20 - Public Hearing

SIZE/LOCATION: 85,092 sq. Ft., 31 Lookout Lane, Spy Glass Hill Map # 2996, Springs (300-083-04-09)

DESCRIPTION:              To construct an approximately 943 sq. ft. swimming pool with approximately 510 sq. ft. of  decking, and swimming pool equipment on a parcel of land containing coastal bluffs, beaches, and surface waters.

RELIEF SOUGHT: Three variances of 27, 41.3, and 44.7 from 255-4-40 of the Town code are required to construct decking 123, a swimming pool 108.7, and pool equipment 105.3 from the

bluff crest where 150 setbacks are required, and any other relief necessary.

ZONING DISTRICT: A2 Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board discussed Application

G.              Guryan - 2-4-20 - Public Hearing

SIZE/LOCATION: 16,613 sq. ft., 30 Captains Walk, Barnes Landing, Section 3. Filed June 15, 1956 -- Map No. 2572, East Hampton (300-103-05-01)

DESCRIPTION:              To construct a swimming pool within front yard setbacks.

RELIEF SOUGHT: A variance of 10 and any other relief necessary for a swimming pool to be located 20

from the front yard lot line where 30 is required pursuant to 255-11-10 of East Hampton Town Code.

ZONING DISTRICT: B Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board discussed Application

H.              Cohen - 1-21-20 - Public Hearing

SIZE/LOCATION: 24,479, 161 Marine Boulevard, Beach Hampton Block 1, Lots 33-37 Map no 1283, Amagansett (300-178-08-17)

DESCRIPTION:              To construct a 2,297 sq. ft. two story residence, decking, a hot tub, and a 150 long beach walkway on a parcel containing barrier dunes, beaches, and beach vegetation.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to 255-4-20 of the Town Code and four variances are required for this application. Variances of 47.8, 51.4, and 30.1 are required from 255-4-40 of the Town code to construct the residence 52.2, decking 48.6, and hot tub 69.9 from the dune crest where 100 setbacks are required. One variance of approximately 8.25 from 255-11-10 of the Town code is required to construct the roof with a maximum height of approximately 33.25 above natural grade where 25 is the maximum allowed, and any other relief necessary.

ZONING DISTRICT: B Residence VE velocity flood zone

SEQRA CLASS: Type II

 

Board discussed Application

I.              New Cingular Wireless - 11-19-19 Public Hearing

SIZE/LOCATION: 26,153 sq. ft., 465 Old Stone Highway, N/A, Springs (300-103-06-24)

DESCRIPTION:              To construct a new Personal Wireless Service Facility (PWSF) consisting of nine (9) antennas, eighteen (18) remote radio heads and associated equipment. Also proposed is a GPS unit and 15 KW emergency generator with all equipment to be situated within a new 50' tall campanile structure.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to section 255-4-20 of the Town Code due to the proximity of freshwater wetlands. A variance of 24' from Section 255-4-30 of the Town Code, whereas a setback from freshwater wetlands of 76' is proposed and a minimum setback of 100' is required. A variance of 25' from Section 255-11-72D of  the Town Code (Pyramid Law). Two (2) variances from Section 255-5-50 of the Town Code due to the proximity of the campanile to the northern property line and its proximity to a habitable structure or outdoor area where people congregate, as per the specific special permit standards, along with any other relief that may be necessary.

ZONING DISTRICT: B Residence Zone X Flood Zone

SEQRA CLASS: Unlisted

 

 

Board discussed Application

VII.              MINUTES APPROVAL:

A.              February 4th Draft Minutes

Member Berger made a motion to approve the Minutes of February 4th 2020. Vice Chairman Dalene seconded. All members were in favor.

VIII.              Adjourn

Vice Chairman Dalene made a motion to adjourn at 9:25 PM. Member Berger seconded. All members were in favor.