EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

EH Town Zoning Board of Appeals meeting of March 21, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on March 21, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Chairman John P. Whelan

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Board Member Theresa Berger

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Board Member Roy Dalene

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Board Member Cate Rogers

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Board Member David Lys

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II.              CANCELLED PUBLIC HEARING:

III.              SCHEDULED PUBLIC HEARINGS:

A.              Ackerman - SCTM# 300-174-2-32

Relief sought is a Natural Resources Special Permit pursuant to Section 255-4-20 and a variance from Section 255-4-30 of the Town Code and a variance to construct a deck 9 foot from the wetlands where a 100 foot minimum setback is required to demolish and remove an existing deck and replace it with a 458 square foot deck and to clear vegetation in order to construct a new driveway within 150 feet of freshwater wetlands.

i.              Technical Analysis Memo

Lead Agency:              (not applicable)

              Planner: Lisa D'Andrea             

              Date completed: December 14, 2016                            Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              71 Jacqueline Dr.              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District              Variance             

              Tax Map Number: 300-174-02-32              Natural Resources

     Applicant:                Ackerman 

                            c/o Jeni Erbes-Chan

                         138 Rutland Rd.

                          Brooklyn, N.Y. 11225                                                                                                                                

              Telephone:              (917) 586-4621             

              FEMA ZONE: AE 10 Flood Zone             

              Soil Type: Dune land (Du)             

              Map of Property:              Map No. 1763; Map of Beach Hampton Sec. 5 Lots 10-16 incl., Block 22

              Size of Parcel: 17,500 sq. ft. total

 

Project Description:  To demolish and remove an existing deck and replace it with a 458 sq. ft. deck and to clear vegetation in order to  construct a new driveway within 150 ft. of freshwater wetlands.

 

 

Relief Requested: A Natural Resources Special Permit pursuant to 255-4-20 and two variances from 255-4-30 (wetland setbacks) of the East Hampton Town Code and any relief necessary. A 91 ft. variance is required to construct the deck 9 ft. from the wetlands where a 100 ft. minimum setback is required.    A 38 ft. variance is required to clear within 12 ft. of the wetland where 50 ft. is the minimum setback.                                                                                                                                                                                                                                                                

 

 

Property and History:

The parcel comprises approximately 69,649 sq. ft., is situate on Jacqueline Drive in Amagansett, is in B Residential zoning and the soil type present on this parcel is dune land as per Suffolk County Soil survey.

The premises are improved with a 2,136 sq. ft. two story residence with 1,060 sq. ft. of decking and a 94 sq. ft. shed all constructed prior to zoning. The most recent Certificate of Occupancy itemizing those structures was issued on October 24, 2014. In June of 2016 a building permit was issued for interior alterations specifying that any exterior work would need a lot inspection.

The current owner and applicant acquired the property in December 2014.

All existing and proposed structures are depicted on a Gary Benz Surveying and Land Planning survey dated revised May 31, 2016.

 

 

 

 

 

Planning Department Analysis and Recommendations for the Board's Consideration:

 

There is a U-shaped driveway on the property. The survey submitted with the application delineates that the areas immediately to the north, south, and within the U part of the driveway are uncleared. Prior to the issuance of the building permit in June, for interior alterations only, these areas were indeed vegetated. A site inspection December 1, 2016 revealed extensive clearing and disturbance to the front yard in front of the residence. There are also drainspouts on the outside of the residence that appear new and appear to drain right onto the ground and not into a drywell. (Aerial photos and site photos will be sent under another cover).

 

The wetland on the property stretches to the south and west of the parcel and can be characterized as a highly diverse wetland with species of woody and herbaceous plants.  There is also standing water in the wetland throughout portions of the year.  The wetland constitutes an integral part of the natural environment, and more specifically, the hydrologic system.  In addition to diversifying the landscape these wetlands play a significant role in the storage of water, flood control, and the maintenance of water quality.  The wetlands are an important component for the habitat of a variety of wildlife species.

 

It should be noted that the entire property is within NRSP jurisdiction.  The applicant is proposing to remove most of the existing U-shaped driveway and configure a much smaller driveway. That in itself sounds like a good idea, however, the applicant wants to install this new driveway on the southern portion of the property just 9 ft. north of the wetland edge. Currently, only about 13 ft. of vegetation exists along the edge of the wetland exists to buffer the wetland. The applicant proposes to increase this nonconformity by clearing and reducing the vegetation to a width of approximately 9 ft. where 50 ft. is required by Section 255-4-30D. The Planning Department's opinion is that there is very little natural vegetation buffering the wetland and that no additional vegetation near the wetland should be removed. It is the Planning Department's opinion that this is not the minimum variance necessary to alleviate the difficulty causing the applicant to request an area variance.

 

The Planning Department recommends that a driveway be configured in a more conforming location on the northern portion of the property as far from the wetland as is practical. No plans have been submitted to indicate what the applicant plans to do with the area once the driveway has been removed.  Since the entire property is within NRSP jurisdiction the Board should be apprised of the plan the applicant has for the area in front of the residence.

 

The building permit issued June 6, 2016 was for interior alterations only.  No care has been taken to protect the vegetated areas in the front yard. As a consequence the vegetated area within the U part of the driveway has been cleared and extensively disturbed by dumpsters and construction material and vehicles. Planning Department recommends that the applicant submit a revegetation plan for this disturbed area along with the plans for the front yard where the driveway is to be removed.

 

There is an existing shed and a nonconforming deck that the applicant is proposing to remove. The removal of the shed will be an environmental improvement. The applicant proposes to replace the deck with a deck approximately the same size, but the new deck will be configured so that it is further away from the wetland than the existing deck. The new deck will require a very substantial variance.

 

The applicant must demonstrate compliance with the Variance standards of  255-8-50 of the Town Code in order to be eligible for the issuance of the requested variances.  The Board must determine whether the variances sought are the minimum necessary. The Board must also determine if the project complies with the Natural Resources Special Permit standards of  255-5-40 in order to issue a NRSP permit.

 

 

 

 

Recommended Project Conditions:

 

a.              Project limiting fencing with staked straw bales should be erected to limit land disturbance and prevent sedimentation of the wetlands in the location depicted on the Planning department sketch dated December 8, 2016.

b.              The Board, or their delegate, prior to the issuance of a building permit, should inspect the project limiting fencing and straw bales for adequacy.

c.              The clearing of vegetation and grading should be strictly limited to a boundary established by the Board and the elevations depicted on the approved survey.

d.              If the Board decides that the new driveway should be relocated, an updated survey depicting the location change should be submitted to the file prior to the issuance of a building permit.

e.              The driveway should be composed of only of a clean, local, water-pervious quartz gravel surface.

f.              All areas disturbed by construction of the new deck should be revegetated with native wetland shrubs appropriate for the habitat in the location depicted on the Planning department sketch dated December 8, 2016. A re-vegetation plan that includes the species, sizes, and spacing of the plants should be submitted and approved by the Board prior to the issuance of a building permit.

 

g.              A vegetation plan for the areas disturbed by construction activities and the driveway removal/installation in the location depicted on the Planning department sketch dated December 8, 2016 should be submitted. It should include the species, sizes, and spacing of the plants. All plant species should be native.  The establishment of turf, lawn, sod or ornamental vegetation should be not be permitted. The vegetation plan should be approved by the Board prior to the issuance of a building permit.

 

h.              The parcel should be vegetated in accordance with the approved vegetation plans. It should be inspected for adequacy prior to the issuance of a Certificated of Occupancy.

i.              The residence shall be furnished with gutters and leaders to direct stormwater from roofs into one or more catchment basins. Said catchment basin or basins shall have a combined volume (in cubic feet) equal to the surface area of the roof (in square feet), divided by six. Said catchment basin shall be made available for inspection by the building inspector prior to backfill.  

j.              All structures should be situated at least 2? above the seasonal high groundwater table.

k.              An Article 24 Freshwater Wetland permit or statement of non-jurisdiction should be obtained from the New York State Department of Environmental Conservation (NYSDEC) prior to the issuance of a building permit for this project

l.              A copy of the Natural Resources Special Permit and the approved survey and building plans shall be available on the parcel at all times.

 

 

 

 

 

 

B.              Mike Valentino - SCTM# 300-48-8-10.5

Relief sought is a Natural Resources Special Permit pursuant to Section 255-4-20 of the Town Code to construct an approximately 4,500 square foot two story residence with a 635 square foot attached garage, approximately 2,059 square feet of porches, pool patio, swimming pool, new driveway with retaining wall, and sanitary system within jurisdiction of freshwater wetlands.

i.              Technical Analysis Memo

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              December 1, 2016              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              17 Fairview Road               Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              A Residence              Zone Change

              Overlay District:     N/A              Variance             

              Tax Map Number: 300-048-08-10.5              Natural Resources

     Applicant:                            Mike Valentino                                                           Special Permit   XX

                                          C/O Joel Halsey                                                           Other:

                                          P.O. Box 5030

Montauk, NY 11954

             

              Telephone:                            631-668-7332

              FEMA ZONE:              X Flood Zone

              Soil Type:              Montauk silt loam 8-15% slopes (MfC), Montauk loamy sand, sandy variant, 3-8% slopes (MnB)

              Map of Property:              Knowles View, lot 4, map# 6764

              Size of Parcel:              44,568.94 sq. ft. (total)

 

Project Description: To construct an approximately 4,500 sq. ft. two story residence with a 635 sq. ft. attached garage, approximately 2,059 sq. ft. of porches, pool patio, swimming pool, new driveway with retaining wall, and sanitary system within jurisdiction of freshwater wetlands.

 

Relief Requested: A Natural Resources Special Permit pursuant to ? 255-4-20 of the Town Code.

 

Property Conditions and History:

The subject property is located on located on Fairview Road, west of Downtown Montauk south of Montauk Highway. The property is unimproved and has not appeared before the Zoning Board previously.

 

 

Planning Department Analysis and Recommendations for the Board's Consideration:

The applicant is proposing to construct a new 5,135 sq. ft. two story residence, including an attached garage, with 2,059 sq. ft. of porches, a swimming pool with pool patio, new sanitary system and driveway with retaining wall within jurisdiction of freshwater wetlands.

 

The wetlands with in jurisdiction of the property are part of several large, kettle hole type pond and wetland systems in the area which contains significant volumes of standing water throughout most of the growing season. The wetlands have been classified as a Type I wetland by NYSDEC and can be expected to provide all of the benefits typically associated with high quality wetlands.  These benefits include the provision of high quality habitat for wetland dependent species of flora and fauna, the attenuation of flood waters and buffering of pollutants prior to groundwater recharge and aesthetic appreciation.  The presence of persistent standing water throughout most or all of the growing season increases the habitat value of the wetland which may include protected species reptiles and amphibians. Similar ponds in other areas of Montauk are confirmed breeding locations for Blue-spotted salamanders (Ambystoma laterale) and Spotted Turtles (Clemmys guttata); both species are listed as Special Concern by the New York State Natural Heritage Program.

 

The proposed project is a fairly large two story residence located in an area which is characterized by its substantial topography which has significant impacts the wetlands in the area. The unique topography of the property influences the amount of proposed regrading, and subsequent clearing, required to construct the residence. Close attention should be brought to the proposed regrading and associated clearing and how that may affect the surrounding wetlands and neighboring properties.

 

The proposed project meets all setbacks and dimensional zoning regulations. The most important aspects of the project for the Zoning Board to consider appear to be the proposed regrading, amount of clearing required, as well as the size of the proposed improvements and their relative location to the wetlands in the area. 

 

The applicant must demonstrate compliance with the NRSP standards of  255-5-51 of the Town Code in order to be eligible for the issuance of the requested NRSP. Specifically;

D. Preservation of natural resources. All structures and uses, other than coastal structures, shall be located on upland and shall be located so that no natural resource, feature, or system designated in  255-4-12 hereof will be diminished in size, polluted, degraded, or lost, or placed in peril thereof, in order to establish such structure or use.

The applicant must also demonstrate compliance with the general standards of 255-5-40 of the Town Code. Specifically;

D. Compatibility. The site of the proposed use is a suitable one for the location of such a use in the Town, and, if sited at that location, the proposed use will in fact be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.

K. Environmental protection. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes...

 

Recommended Project Conditions:

 

a.              All structures should be situated at least 2 ft.  Above the seasonal high groundwater table.

b.              Project limiting fencing should be erected to limit land disturbance in the location depicted on the approved survey labeled ?Limits of Clearing, Grading, and Ground Disturbance? prior to the commencement and for the duration of construction activities.

c.              The Board, or their delegate, prior to the issuance of a building permit, should inspect the project limiting fencing and straw bales for adequacy.

d.              The clearing of vegetation and grading should be strictly limited to the boundary depicted on the approved survey.

e.              The residence should be furnished with gutters and leaders to direct stormwater from roofs into one or more catchment basins. Said catchment basin or basins should have a combined volume (in cubic feet) equal to the surface area of the roof (in square feet), divided by six. Said catchment basin should be made available for inspection by the building inspector prior to backfill.

f.              The swimming pool should utilize a chlorine reducing sanitation system and all pool water should be discharged into a drywell located at least 100 ft.  From the wetlands on the survey.

g.              The driveway should be composed of only of a clean, local, water-pervious quartz gravel surface.

h.              An Article 24 Freshwater permit or statement of non-jurisdiction should be obtained from the New York State Department of Environmental Conservation (NYSDEC) prior to the issuance of a building permit for this project.

i.              A copy of the Natural Resources Special Permit and the approved survey and building plans shall be available on the parcel at all times.

C.              Nilson W. Novoa - SCTM# 300-10-3-23

Relief sought is two variances from Section 255-11-10 and one variance from Section 255-11-7D to allow a 128 square foot shed and deck to remain within side yard setbacks.

i.              Technical Analysis Memo

              Lead Agency:              (not applicable)

              Planner: Lisa D'Andrea             

              Date completed:              December 6, 2016              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              48 Pinetree Dr.              Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District              Variance             

              Tax Map Number: 300-010-03-23              Natural Resources

     Applicant:              Nilson W. Novoa  

                            48 Pinetree Dr.

                         Montauk, N.Y. 11954                                                                                                                                

              Telephone:              631-238-5072             

              FEMA ZONE:              X Flood Zone

              Soil Type: Montauk soils, graded 0-8% slopes (MlB)             

              Map of Property:              Map No. 4019; Map of Culloden Shores No. 2; Lot No. 182

              Size of Parcel:  7,500 sq. ft.

 

Project Description:  To allow a 128 sq. ft.  shed and deck to remain within side yard setbacks.

 

 

Relief Requested: Two variances from ?255-11-10 (Dimensional regulations) and one variance from ?255-11-7D (Pyramid Law) and any relief necessary. A 7.7 ft. and a 5.8 ft. variance are required to allow a shed and deck respectively to remain 2.3 ft. and 4.2 ft. from the side yard where a minimum 10 ft. setback is required. A 5.7 ft. pyramid variance is required to allow the shed to remain.

 

 

Property and History:

 

The subject premises are located in Culloden Shores. The property is sub-standard with regard to lot size and frontage within B zoning. The 7,500 sq. ft. lot is a 75 ft. by 100 ft. rectangle.  It is not an irregularly shaped parcel. The size and width of the property limit the type and locations of structures that can be constructed in compliance with zoning setbacks.

It appears the original house was constructed in 1965. The most recent Certificate of Occupancy (CO) was issued in 1978.  It appears the current owner and applicant acquired the property in 1986. In 1996 a building permit was issued for a 70 sq. ft. addition, a 24 sq. ft. shed addition and 128 sq. ft. shed. In 2001 another building permit was issued for two additions totaling 776 sq. ft. and a 468 sq. ft. roof deck.  The records indicate that both the 1996 and 2001 building permits have been renewed.

The applicant, it appears, attempted to update the CO and the non-compliance with zoning setbacks was discovered.

All existing structures are depicted on a Barylski Land Surveying Survey dated January 13, 2016.

 

Planning Department Analysis and Recommendations for the Board's Consideration:

 

It appears that the applicant did obtain building permits for the structures he intended to construct. However, how these structures were built in non-conforming location is unclear. It appears the need for the variances may be a self-created hardship. The applicant and the Board should discuss this issue

The applicant must demonstrate compliance with the Variance standards of  255-8-50 of the Town Code in order to be eligible for the issuance of the requested variances.  The Board must determine whether the variances sought are the minimum necessary.

 

 

Recommended Project Conditions:

 

None

 

 

D.              Alan Kazlow - SCTM# 300-175-3-16

Relief sought is five variances and a Natural Resources Special Permit pursuant to Section 255-4-20 of the Town Code and 255-11-10 to allow an existing approximately 223 square foot Screened porch addition and an approximately 290 square foot deck addition to remain within side yard lot line setbacks and freshwater wetland setbacks.

i.              Technical Analysis Memo

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              September 14, 2016              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              29 Beach Ln.              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance                     XX

              Tax Map Number: 300-175-03-16              Natural Resources

     Applicant:                            Alan Kazlow                                                                         Special Permit   XX

                                          C/O Joel Halsey                                                           Other:

                                          P.O. Box 5030

Montauk, NY 11954

             

              Telephone:                            631-668-7332

              FEMA ZONE:              AE 10 Flood Zone

              Soil Type:              Dune land (Du)

              Map of Property:              Beach Hampton, Section 3, Block 2, lots 16-18, map # 1287

              Size of Parcel:              9,492 sq. ft.

 

Project Description:

To allow an existing approximately 223 sq. ft. screened porch addition and an approximately 290 sq. ft. deck addition to remain within side yard lot line setbacks and freshwater wetland setbacks

 

Relief Requested:

Five variances from the East Hampton Town Code and a Natural Resources Special Permit pursuant to 255-4-20 of the East Hampton Town Code are required for this application. Two variance of 0.3, from 255-11-10 of the Town Code, are required to allow the Decking and screened porch to remain 9.3 from the southern side yard lot line where 9.6 ft. Setbacks are required. One variance of 8.6, from 255-11-10 of the Town Code, is required to allow the decking to remain approximately 1 from the northern side yard lot line where a 9.6 setback is required. Two variances of 68 and 63.2, from 255-4-30 of the Town Code, are required to allow the decking to remain 32 and screened porch to remain 36.8 from freshwater wetlands where 100 setbacks are required, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with an approximately 1,450 sq. ft. one story residence including attached garage with wood decking, screened porch, and outdoor shower. The most recent C.O. was issued on the property in 1988 for 380 sq. ft. 1-story addition to ex. 1-family residence, having 1 kitchen only?. The property appeared before the Zoning Board previously in 1986 for additions to the original residence.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

 

The property is located within the Beach Hampton subdivision along Beach Ave., in Amagansett.  The applicants are requesting approval to allow an existing deck addition to remain 1 and 9.3 from the side yard lot lines and to allow the deck addition and an existing screened porch to remain 32 and 36.8 from freshwater wetlands. 

 

The wetlands within jurisdiction of the property consist of substantial cranberry marsh with a very diverse plant population including extensive areas of obligate wetland species, saturated soil conditions and areas of standing water that appear to persist throughout much of the growing season.  These wetlands can be expected to provide all of the benefits typically associated with high quality freshwater wetlands including the provision of high quality habitat for wetland dependent species of plants and wildlife, nesting, forage and cover for resident and migratory wildlife species, the retention and attenuation of floodwaters prior to surface and groundwater recharge, aesthetic values and opportunities for scientific research and education

 

The Planning Department recommends denial of the requested variances. The structures were constructed on the property without the benefit of a building permit within close proximity to wetlands. The applicants have benefitted from the use of an illegal structure on their property for many years. From reviewing aerial imagery, it appears that the additions to the deck was likely constructed sometime between 1988 when the last C.O. was issued and when the 1993 aerial images were taken. The screened porch appears to have been constructed sometime between the 1993 and 1998 aerial images. Its important to discuss if this is something that the Board would approve if it was brought in as a proposed structure. It is the Planning Departments opinion that additional decking and a screened porch would not have been approved in an area only 32 and 36.8 from high quality freshwater wetlands.

 

The Board should require, and the applicants may want to provide prior to the public hearing, an updated survey with the relevant sanitary system information. It appears that the sanitary system may be in the front of the house under the driveway, but the Board may want that information to be addressed prior to making a decision on this application. The Board may also want the pyramid line drawn on the building plans to show that it is conforming. The applicants did submit information that details the height that it would need to be and that it is conforming but the pyramid line is not shown from the property line on the building plans.  

 

The applicant must demonstrate compliance with the Variance standards of  255-8-50 of the Town Code in order to be eligible for the issuance of the requested variances. The applicants should address how the variance does not cause an undesirable change in the character of the neighborhood, cannot be achieved by some method other than the requested variances, is not substantial, and does not have an adverse effect or impact on the environment or the neighborhood.

 

 

Recommended Project Conditions:

 

1.              N/A

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              Charles Tesler - SCTM# 300-152-2-15.27

3 Whalers Lane, Amagansett - Requesting additional time to obtain a Building Permit and Certificate of Occupancy.

B.              Adios Holdings - SCTM# 300-106-1-5.4

Approval of Extension of Time was tabled at March 7th 2017 meeting for Member Lys to conduct a field inspection.

C.              Bainton Family LLC - SCTM# 300-189-4-25.1

357 Further Lane, Amagansett - Requesting additional time for a Building Permit and Certificate of Occupancy

D.              Marsha Seeman - SCTM# 300-22-1-12.4

170 Old Montauk Highway, Montauk - Requesting additional time for issuance of a Building Permit and Certificate of Occupancy

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              15 148 Montauk LLC - SCTM# 300-22-1-14

15 Cliff Drive, Montauk - Project is to relocate a 2,385 square ft. Residence to a conforming location on a parcel of land with bluffs, beaches and wetlands.

VII.              BOARD DETERMINATIONS:

A.              David Greuner - SCTM# 300-54-2-9

Modification Request - Clearing is currently 21,281 square feet over permitted clearing of 30,580 square feet.

VIII.              BOARD DECISIONS:

A.              Alexandra & Bernal Vargas SCTM# 300-128-1-19.2

336 Cranberry Hole Road, Amagansett - Project description is to construct an approximately 1,464 square foot two story addition with 1st and second story decking to a residence on a parcel of land containing dune land and beach vegetation. Public Hearing held January 17th 2016. Public Hearing closed but record left open till February 21st 2017 for an updated survey for current clearing and also information from the Planning Department regarding the Locker Determination.

Public Hearing record left open till February 21st 2017

Board tabled making a Decision

B.              John F. Donovan - SCTM# 300-56-1-22

57 Sammy's Beach Road, East Hampton - Project description is to renovate the existing structure, placing it on pilings, construct 1,175 square feet of first and second story additions, second story decking over the existing first story, upgraded sanitary system with retaining wall and a relocated driveway on a parcel of land containing tidal wetlands, dunes, and beach vegetation. The applicant has withdrawn the detached garage from the application. Relief sought is two variances and a Natural Resources Special Permit. Public Hearing held January 31st 2017 - Hearing and record closed.

Board tabled making a Determination

C.              Lisa & Robert Gerbino - SCTM# 300-172-3-38.7

3 Old Station Place, Amagansett - Relief sought is to allow an existing slate pool patio to remain with rear yard lot line setbacks. Public Hearing was held February 28th 2017 - the Public Hearing was closed - but the record was left open for one week for information from the Planning Department.

D.              68 Prospect Hill LLC - SCTM# 300-12-1-1.14

68 Prospect Hill Lane, Montauk - Relief sought is three variances to construct a tennis court. The Public Hearing held February 28th 2017 was left open for one month for the following submissions 1) updated survey 2) ownership and whether they qualify as contiguous properties 3) Building Inspector interpretation on front yard setbacks 4) Planning Department

E.              Adam Lindemann - SCTM# 300-33-1-2.2

16 Cliff Drive, Montauk - relief sought is a Natural Resources Special Permit and variances for construction of a swimming pool, pool fence and pergola. Public Hearing was held February 28th 2017. The Public Hearing and record was closed.

F.              Thomas Walsh - SCTM# 300-77-5-3.1

209 Three Mile Harbor Hog Creek Highway, Springs - Relief sought is a Natural Resources Special Permit and variances to construct an addition and pergola, a second residence porch and patio. Public Hearing was held February 28th 2017. Public Hearing and record were closed.              

G.              James Donohue - SCTM# 300-17-1-37.2

97 Tuthill Road, Montauk - Relief sought is One variance of 8.4 from Section 255-11-10 of the Town Code to allow the second story deck to remain 11.6 feet from the western front yard lot line setback to allow an existing approximately 375 square foot deck to remain within front yard lot line setbacks. Public Hearing was held March 7th 2017 - Public Hearing and record was closed.

H.              Seth Leist - SCTM# 300-176-1-16

8 Pine Way, Amagansett - Relief sought is a Natural Resources Special Permit pursuant to Section 255-4-20 and a variance from Section 255-4-40 of the Town Code. A 20 ft. Variance is requested to construct a 295 square foot bedroom addition on a parcel of land within wetland jurisdiction. Public Hearing held March 7th 2017 - Public Hearing and record closed.

I.              Safe Harbor Retreat LLC - SCTM# 300-135-1-8

26 Bull Run, East Hampton - Relief sought is three variances from Section 255-11-10 of the Town Code to convert a roughly 3.9 acre property in a residential zoning district containing a two story single family residence and associated accessory structures into a semi public facility. Public Hearing held March 7th 2017. Public Hearing and record left open indefinitely for a Continuation Hearing.

J.              Adam Young - SCTM# 300-23-2-7

19 Bay Inlet Road, Springs - Project description is to allow a swimming pool with a slate wall to remain with the minimum side yard setback. Public Hearing held September 20th 2016 - Public Hearing closed but the record was left open for 90 days for the applicant to consult with the Planning Department. Record extended an additional sixty days - January 15th 2017

IX.              MINUTES APPROVAL:

A.              March 7th 2017

X.              RESOLUTIONS