Nine Okays and One Wait-and-See

While the East Hampton Village Zoning Board of Appeals announced favorable determinations on nine applications at its meeting on Friday, it delayed until its next meeting a decision on an application from Michael Ostin, who sought to relocate and expand a dilapidated two-bedroom cottage at 115 Montauk Highway, near Cove Hollow Road.

Mr. Ostin, a music-business executive, had applied for permission to move the pre-existing nonconforming accessory building from near the property line to a conforming location, and to expand it from 507 to 958 square feet with the addition of a second story and bathrooms.

But on Friday, Andrew Goldstein, representing the applicant, brought in revised plans. The structure would remain at 507 square feet, a second story would not be added, and the proposed two bedrooms and two and a half bathrooms would be reduced to one each. Mr. Ostin would like, however, to add a porch and still hoped to move the cottage to a conforming location, he said.

Although the zoning code says nonconforming structures cannot be expanded, and the plan called for extending the height of the structure from 14  to 18.1 feet, Frank Newbold, the board’s chairman, said the porch was a “fairly benign” addition that would not impact the neighborhood.

Previously, Mr. Newbold said, “we have encouraged people to keep nonconforming structures in like, in kind, in the same location.” But in this case, “the applicant has proposed moving it away from the property line to get it farther from the neighbors.” Granting variances to move the structure, he indicated, was a fair trade for the reduced intensity represented by removal of a bedroom and one and a half bathrooms from the original plans. The applicant has also agreed to erect a six-foot-high fence and evergreen trees to shield it from neighbors, and to limit the cottage’s use to lodging for family and guests.

The board was divided, however. “I still have a problem with it,” Lys Marigold, the vice chairwoman, said. “We’re going to be setting a precedent. . . . We’re saying, ‘You have a large lot, move it, basically create a new, second residence, much nicer, taller, with a big porch.’ Structurally, it’s going to look amazingly different from what’s there.”

While Mr. Newbold agreed, he said the cottage is legal, had existed for 50 years, and practically straddles the property line. By moving it to a conforming location, “at least the neighbor on that side no longer has that burden,” he said.

“But that neighbor also has structures on the property line,” Ms. Marigold said. “I would say leave it where it is.” If Mr. Ostin needs additional space, she argued, he could add it to the main house. A new, 6,193-square-foot house has been proposed to replace the house Mr. Ostin bought, which he demolished.

“What exactly is the detriment to the neighbor?” Mr. Goldstein asked. If the granting of variances to move the cottage sets a precedent, he said, “it’s not such a bad precedent.”

Two of Mr. Newbold’s colleagues agreed with  him. “I don’t think it’s going to change the character of the neighborhood at all,” John McGuirk,  said. “I agree with John,” Larry Hillel said. Craig Humphrey sided with Ms. Marigold, however, saying that the structure should remain in place.

Also at the meeting, nine applications were approved. George E. Doty Jr. and Le-Ellen Spelman of 25 and 31 Fithian Lane were granted a freshwater wetlands permit and variance for a six-foot-high stockade fence along Fithian Lane and the continued maintenance of an eight-foot-high deer fence inside a wetlands area. Mr. Doty had complained about trespassers on his property, which abuts the Nature Trail. The permit and variance were granted on the condition that any fencing or gates north of the applicant’s northerly property line along Fithian Lane be removed.

Gregory and Diana Porges were granted variances to allow a trash bin, foot shower, two sets of stone steps, and a slate patio within side-yard setbacks at 133 Further Lane. Barbara and Elliot Cooperstone of 50 Egypt Close were granted variances to allow the renovation of an existing pool house that is 15.5 feet high, 1.5 feet over the maximum, and within the side-yard setback. The pool house is not to be heated.

The board granted variances to the Bonnie Reiss 1998 Qualified Personal Residence Trust and the Richard Reiss 1998 Q.P.R.T., of 88 Apaquogue Road, to permit the continued maintenance of a generator, tree house, and two air-conditioning units within required setbacks. An entity called Cinnamon L.L.C., which purchased 15 Ruxton Road for $9.5 million in February, was granted variances to permit the continued maintenance of a generator and trellis within required setbacks.

Jorge Magide and Kari Kontu of 195 Newtown Lane were granted variances to allow reconstruction of a pre-existing accessory cottage, and to add an air-conditioning unit and front and rear patios, all within required setbacks, as well as the continued maintenance of a slate walkway. The cottage had fallen into disrepair, and its replacement will look very much like the pre-existing cottage, the board agreed.

The Nancy Blakeman Grantor Trust was granted a coastal erosion permit to allow relocation of an air-conditioning unit and generator seaward of the coastal erosion hazard area line, and a variance to permit the continued maintenance of another air-conditioning unit within the front-yard setback, at 98 Ocean Avenue.

John Porter Wolf of 204 Newtown Lane was granted variances to permit the continued maintenance of a trash bin, two air-conditioning units, and walkways within required setbacks. And Bruce Siska, a member of the village board, was granted a variance to allow the continued maintenance of air-conditioning equipment within the required side-yard setback at 89 Meadow Way.