EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

Town Board Meeting of August 22, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on August 22, 2017 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

Board Member

Present

 

Cate Rogers

Town of East Hampton

Board Member

Present

 

David Lys

Town of East Hampton

Board Member

Present

 

Denise Savarese

Town of East Hampton

Secretary

Present

 

Beth Baldwin

Town of East Hampton

Asst. Attorney

Present

 

II.              CANCELLED PUBLIC HEARING:

III.              Skrenta

              TIME:              6:50:00 PM              APPLICANT:              Skrenta

              SIZE/LOCATION:              12,000 sq. ft, 32 Treasure Island Dr, Map No. 1319; Beach Hampton Sec. 4, Lots 18-23 incl. Block 2, Amagansett (300-175-05-07)

              DESCRIPTION:              To remove a brick patio and shed, remove approximately 2,250 sq. ft. of invasive

plants and revegetate with native species, to construct a 528 sq. ft. pool and a new sanitary system within Natural Resources Special Permit jurisdiction.

              RELIEF SOUGHT:A Natural Resources Special Permit (NRSP) pursuant to 255-4-20 and two variances from  255-11-10 (Dimensional Regulations) of the Town Code and any relief necessary. Variances of 20 ft. and 10 ft.  are required to respectively construct the pool  equipment  and pool 0 ft. and 10 ft. from the side yard lot line where a minimum 20 ft. setback is required.

              ZONING DISTRICT:              B Residence,  AE Flood Zone, elevation 9

              SEQRA CLASS:              Type II

IV.              SCHEDULED PUBLIC HEARINGS:

A.              Edward Milstein

              TIME:              6:30:00 PM              APPLICANT:              Edward Milstein

              SIZE/LOCATION:              21,789 sq. ft. total, 24 Bay Inlet Dr., Map No. 3451; Map of Lion Head Beach Lot No.

              52, Springs (300-023-01-22)

              DESCRIPTION:              To make exterior renovations to the existing entryway and construct a new set of stairs on to the entryway, to install 6 ft. high stockade fences along the northern and southern property lines, and to alter the existing driveway and create a 450 sq. ft. parking area on a parcel of land with wetlands.

              RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to 255-4-20 and two variances from 255-2-30 (wetland setbacks) of the Town Code and any relief necessary. Variances of 80 ft. and 40 ft.  are required to respectively construct a  stockade fence and new entryway steps 20 ft. and 60 ft. from the wetlands where a minimum 100 ft. setback is required.

              ZONING DISTRICT:              B Residence,  AE Flood Zone, elevation 8 &X

              SEQRA CLASS:              Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Vice Chair Rogers conducted a field inspection of the site and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Joel Halsey, Agent for the Applicant

Lisa D'Andrea, Planning Department

Frank Galati 20 Bay Inlet Road, Neighbor

David Buda, Interested Party

 

Vice Chair made a motion to close the Public hearing and record. Member Dalene seconded. All members were in favor.

 

 

 

 

 

 

 

 

B.              Howard Hochhauser

              TIME:              7:10:00 PM              APPLICANT:              Howard Hochhauser

              SIZE/LOCATION:              14,609 sq. ft., 42 Soundview Drive, Soundview Estates, Map #1929, Lot 10,               Montauk (300-005-01-07)

              DESCRIPTION:              To make modifications to the existing residence and construct a two story addition

with an approximately 45 sq. ft. swimming pool with decking, an outdoor shower, upgraded sanitary system and new driveway within the Towns jurisdiction of dunes and tidal wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to Section 255-4-20 of the East

Hampton Town Code and two variances. One variance of 6 ft. is required from 255-4-30

of the Town Code to construct the decking approximately 94 ft. from tidal wetlands where a 100 ft. setback is required. One variance of 1 ft. is required from 255-11-10 of the Town Code to construct the pool decking approximately 19 ft. from the side yard lot line where a 20 ft. setback is required, and any other relief necessary.

ZONING DISTRICT:              B Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Member Berger conducted a field inspection and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Laurie Wiltshire, Agent appeared on behalf of the Applicant

Thomas Pedrazzi, Architect

Richard Beard, 45 Soundview Drive, Montauk

Tyler Borsack, Planning Department

 

Member Berger made a motion to close the Public hearing and record after one week for Agent for the applicant to withdraw a variance and submit the date the applicant bought the house. Member Lys seconded. All members were in favor.

 

 

 

 

 

 

 

 

 

 

C.              Franklin  Salasky

SIZE/LOCATION:              11,419 sq. ft., 11 Miller Lane, East Hampton (300-163-05-5.2)

DESCRIPTION: To allow a 96 sq. ft. pond, 46 sq. ft. deck, an approximately 340 sq. ft. slate patio with 204 sq. ft. arbor, two propane tanks, and an air conditioning unit to remain within side yard lot line setbacks and outside of the Towns pyramid regulations.

RELIEF SOUGHT: Twelve variances from the East Hampton Town Code are required for this application.

Variances of 9.6, 7.3, 6.5, 2.7, and three variances of 10 from 255-11-10 of the Town Code are required to allow the pond to be located 0.4?, deck to be located 2.7,               slate patio to be located approximately 3.5, arbor to be located 7.3, and both propane tanks and air conditioning unit to be approximately 0? from the side yard lot lines where 10 setbacks are required. Five variances from 255-11-72D of the Town Code are required to allow the pond to be located 0.6, arbor to be located 1.2, both propane tanks to be approximately 4, and the air conditioning unit to be approximately 2?8? outside of the Towns pyramid regulations, and any other relief necessary.             

ZONING DISTRICT:              A Residence Zone X Flood Zone

SEQRA CLASS:              Type II

 

Chairman Whelan read the Notice of Public hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order - however Denise Savarese will notarize the Affidavit. Member Dalene conducted a field inspection and reported his findings to the Board.

 

Speakers at Public Hearing:

 

Trevor Darrell, Attorney, appearing on behalf of the Applicant

Tyler Borsack, Planning Department

 

Member Dalene made a motion to close the Public Hearing and record. Vice Chair Rogers seconded. All members were in favor.

 

 

D.              80 Firestone Road LLC

SIZE/LOCATION: 48,478 sq. ft. (total), 80 Firestone Road, N/A, Montauk (300-017-01-05)

DESCRIPTION: Not applicable.

RELIEF SOUGHT: An Appeal of the Principal Building Inspector pursuant to  255-8-35A(1) of the Town  Code. Appellants seek to challenge the determination dated August 5, 2016 finding that protected natural features on the property have been accurately identified on June 29, 2016 by the Planning Director.

ZONING DISTRICT:              RS- Resort VE velocity flood zone, el 12'; X flood zone

SEQRA CLASS: Type II

06/6/2017

 

Vice Chair Rogers read the Notice of Public Continuation Hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Chairman Whelan recused himself.

 

Speakers at Public Hearing:

 

Michael Walsh - Attorney - representing the Applicant

Brian Frank - Planning Department

 

Member Berger made a motion to close the Hearing and record. Member Lys seconded. Vice Chair Rogers and Member Dalene were in favor.

 

 

 

V.              WORK SESSION:

VI.              EXTENSION OF TIME:

A.              Richard Priore Sr.

SCTM# 300-128-1-8.3

266 Cranberry Hole Road, Amagansett

 

Requesting an Extension of Time - Construction completed - Trying to obtain a Certificate of Occupancy.

 

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

B.              Vicente Wolf

220 Old Montauk Highway

Montauk

SCTM#300-87-3-12.3

 

Original Permit Date was August 28th 2013 - Construction is completed. Work is complete and applicant trying to obtain a Certificate of Occupancy.

 

Tabled

VII.              BOARD DETERMINATIONS:

A.              Montauk Colony LLC

Modification Request

DeForest Road, Montauk

SCTM# 300-32-6-14

 

Requesting a modification of the Natural Resources Special Permit which granted approval for two (2) staircases across the bluff with removable lower sections.

 

Modification determination rendered

B.              Paler

Vice Chair Whelan made a motion to re- open the record of Paler 300-202-2-8.1 8.2 & 9 to allow the applicants to submit revised plans and leave the record open till October 24th. Member Dalene seconded. All members were in favor.

VIII.              BOARD DECISIONS:

A.              Montauk Energy

SIZE/LOCATION: 19,726 sq. ft., 10 North Shore Road, N/A, Montauk (300-027-04-088.8)

DESCRIPTION:              Site plan/special permit application has been made to construct a ~90 ft. X 46 ft. (4,154 sq. Ft.) Battery storage building and associated accessory structures, lighting, landscaping & access.

RELIEF SOUGHT: Three (3) variances from section 255-11-10 of the Town Code, including: a variance of

24 from the front lot line as a minimum setback of 50 is required and a setback of 26 ft. is proposed, a variance of 7 ft. from the side lot line (eastern) as a minimum setback of 15 ft. is required and a setback of 8 ft. is proposed, a variance of 11 ft. from the rear lot line

as a minimum setback of 25 ft. is required and a setback of 14 ft. is proposed.

ZONING DISTRICT: CI- Commercial Industrial Zone X Flood Zone

SEQRA CLASS: Unlisted

 

Tabled

             

B.              Tonina Abplanalp

SIZE/LOCATION: 29,828 sq. ft. (approx. upland total), 319 East Lake Drive, Montauk (300-007-02-06, 300-013-01-02)

DESCRIPTION:              The reconstruction of a 4ft. x 112 ft.fixed dock and 4 ft. x 20 ft. access ramp on a parcel of land containing tidal wetlands, beaches, coastal bluffs and surface waters.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to Section 255-4-20 of the Town Code.

ZONING DISTRICT: A Residence X Flood Zone (upland)

SEQRA CLASS: Type II

 

Board rendered a Determination

 

 

 

 

C.              Claflin

SCTM# 300-102-3-8

27 Lilla Lane, Springs

Relief sought is to allow the property to remain beyond the clearing limits established in the Water Recharge Overlay District. Public Hearing held March 28th 2017. Public Hearing closed but record left open till May 9th for the applicants to work with the Planning Department to reduce the variance requested and resubmit updated surveys  to the Board.

 

Tabled

D.              Wade Potter

SIZE/LOCATION: 19,280 sq. ft., 155 Three Mile Harbor Road, Springs (300-094-01-11)

DESCRIPTION:              To remove the existing residence and associated structures and to construct a 3,041

sq. ft. residence with 1,152 sq. ft. of covered and screened porches, a 558 sq. ft. blue stone patio, a 240 sq. ft. roof deck, and new sanitary system within setbacks and               jurisdiction of bluffs and tidal wetlands.

RELIEF SOUGHT: Five variances from the East Hampton Town Code and a Natural Resources Special

Permit pursuant to Section 255-4-20 of the East Hampton Town Code are required for this application. Variances of 27.5, 49 ft. , and 33 ft.  are required from  Section 255-4-30 of the Town Code to construct the residence 72.5 ft., patio 51 ft., and covered porch 77 ft. from tidal wetlands where 100 ft. setbacks are required. One variance of 64? is required from  Section 255-3-75B of the Town Code to construct the new sanitary system 136 ft. from tidal wetlands where a 200 ft. setback is required. Finally, a 25 ft. variance is required from  Section 255-4-40 to construct the proposed patio 25 ft. from the bluff crest where a 50 setback is required, and any other relief necessary.

ZONING DISTRICT: A Residence Zone X Flood Zone

SEQRA CLASS: Type II

 

Board rendered a Determination

 

 

 

 

 

 

 

 

 

IX.              MINUTES APPROVAL:

A.              August 8th 2017

Member Lys made a motion to approve the Minutes of August 8th 2017. Member Berger seconded. All members were in favor.

X.              RESOLUTIONS

A.              Jim Welsch & Kim  Welsch

SCTM# 300-32.1-1-20

100 DeForest Road - Unit 411

Montauk Shores Condominium

Montauk

 

Member Berger made a motion to deny the application. Member Lys seconded. All members were in favor.

B.              Anthony Paratore

SCTM# 300-32.1-1-83

100 DeForest Road - Unit 411

Montauk Shores Condominium

Montauk

 

Member Berger made a motion to deny the application. Member Lys seconded. All members were in favor.

C.              Steven Cronley

SCTM# 300-32.1-1-223

100 DeForest Road - Unit 739

Montauk Shores Condominium

Montauk

 

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

D.              James Wanszilak

SCTM# 300-32.1-1-12

Edgewater Drive #3

Montauk Shores Condominium

Montauk

 

Member Berger made a motion to deny the application. Member Lys seconded. All members were in favor.

E.              Eric Cole

SCTM# 300-32.1-1-1

100 DeForest Road - Unit 15

Montauk Shores Condominium

Montauk

 

Member Berger made a motion to deny the application. Member Lys seconded. All members were in favor.

F.              Montauk Properties

SCTM# 300-300-27-3-14

183 Edgemere Street

Montauk

 

Member Berger made a motion to approve the requested variances from the applicant except for the variances for the visual screen the movie screen with speakers and fire pit - Member Lys seconded. All members