Composer, Z.B.A. Not Quite in Tune

The East Hampton Town Zoning Board of Appeals was in an Amagansett state of mind during its March 15 meeting, considering applications about two Beach Hampton properties.

Carter Burwell, a composer, was before the Z.B.A. for the second time in four years, this time seeking a 971-square-foot, one-story addition to the house at 39 Marine Boulevard he and his wife, Christine Sciulli, purchased in 2010. The couple also want to add a 571-square-foot accessory structure to the property, which is roughly three- quarters of an acre.

The application is markedly different from the one made in 2013. At that time, the couple asked for four variances and a special permit to build in an area with wetlands and dunes. The proposal required  variances from the pyramid law and from the amount of lot coverage. The board found the variances sought extreme.

According to Lisa D’Andrea, a planner for the town, “The applicant has now designed a proposed project that requires a [special permit] and conforms to zoning in all other respects.” However, she said, “It remains an aggressive development of an environmentally sensitive property.”

At the hearing, Mr. Burwell, who was nominated for an Oscar this year for the soundtrack of the film “Carol,” explained that he sought an accessory structure because he now works in part of the pantry. “I hear everything going on in the house. My goal is to build a soundproof space. I’m hoping I can have a more proper studio,” he said. The accessory building would be just under the town limit of 600 square feet.

The additional living area the couple are seeking would contain two additional bedrooms, and Mr. Burwell said that he and his wife had a third child since the house was purchased.

Richard Whalen of Land Marks, who said the couple had worked diligently to assure that variances were no longer needed, represented them at the hearing. He noted that the house is compliant with Federal Emergency Management Agency elevation rules for structures in flood zones, with the ground floor used only for storage and as a carport.

 While additions were being sought, he said  641 square feet of first floor decking, 161 square feet of first floor living space, and 443 square feet of second-floor space had been removed from the plans. The net increase in floor area would be only 791 square feet. “We are moving development away from the dunes, backward toward Marine Boulevard. The property gets a new septic system.”

Jim Grimes, an East Hampton Town Trustee, told the board that the trustees had no objection to the proposal itself but to numerous structures, which he said the couple had placed in and around the dunes. He apparently was referring to a large hammock. Ms. D’Andrea added that there was an illegal garden in the dunes. Ms. Sciulli, a video installation artist, apologized about that, saying the garden was a failed experiment she had set up for her children and would be removed. She said that she and Mr. Burwell believed in revegetating with native plants.

Maziar Behrooz, an East Hampton architect, also addressed the board on the couple’s behalf. Responding to a concern about retaining walls proposed for the septic system and driveway, he told the board that it was now difficult to back out of the driveway. “We are very sensitive to walls out of grade,” David Lys said. When the presentation was completed, the board agreed to keep the record open for up to four weeks, to allow the applicant to supply an accurate survey of the retaining walls.

Concern about retaining walls came up again in connection with the second Beach Hampton application heard that night. Edward Weissberg owns a house at 48 Beach Avenue, which has been in his family for many years. The lot is less than 9,000 square feet and only 60 feet wide.

Mr. Weissberg wants to replace the existing  house with a 1,805-square-foot, two-story house with a 178-square-foot porch, 523 square feet of decking and stairs, a small shed, and an outdoor shower, along with a new septic system.

Numerous variances would be needed, Tyler Borsack, a planner for the town, told the board. These include 10 setback variances, four of which were for more than 70 percent of what is allowed. Also sought were variances to build close to wetlands, for the septic system, and from the pyramid law. While significant, Mr. Borsack said the new house “is roughly in the same location as the previous residence with very few other options for relocation.” However, he also said, “The current proposal is an aggressive redevelopment of the property and would be likely recommended for denial if the lot was vacant.”

But Britton Bistrian of Land Use Solutions, representing the applicant, said there was no way to make the new house and septic system more conforming because of the small size of the lot. The pyramid variance, she said, was mostly due to the need to raise the elevation of the house to make it FEMA compliant.

Again, Mr. Lys brought up retaining walls, saying the design  of the wall proposed “appears to be over 30 inches out of grade.”

It is the goal of the applicant, Ms. Bistrian said, to use plantings, as opposed a hard retaining wall. She pointed out that the applicant had previously been granted a variance to build a deck within seven feet of the property line, which he would relinquish.

The board received two letters from neighbors in support of the application and one opposed.