Pool Setback Law Is Said to Be Irrelevant

A swimming pool in the ecologically stressed Hook Pond watershed and what was called the “poster child for non-self-created difficulties” were before the East Hampton Village Zoning Board of Appeals on Friday.

An attorney and consultants for Matthew Twist of 21 Egypt Lane were at the meeting seeking a freshwater wetlands permit and variances to allow a 420-square-foot swimming pool to fall within required property line and wetlands setbacks. Complicating the application are three leaching pools on the approximately half-acre lot, and “lovely, ancient trees,” which Johanna Colecchia, Mr. Twist’s attorney, said prevent the pool from being built in a conforming location.

Suffolk County’s sanitary code mandates that pools are set back 20 feet from a sanitary system. That regulation is very conservative and allows for myriad site conditions, Joseph Fischetti, an engineer testifying for the applicant, said.

Further, according to Bruce Anderson of Suffolk Environmental Consulting, who also represented the applicant, the regulation was intended to prevent a vinyl pool, for example, from collapsing into a cavity excavated for a septic system, while Mr. Twist plans a gunite (cement and sand) pool. “That setback is unimportant because a septic tank, and a leaching pool, for example, can be within 10 feet of a foundation or a cellar,” he said.

Rob Herrmann, an environmental consultant for the village, had recommended that the board ensure that the swimming pool’s dry well be as far from wetlands as possible. Mr. Twist’s representatives agreed to modify the plans to accommodate that request. 

The proposed pool will contain saltwater, Mr. Anderson said, which would use far less chlorine than a freshwater pool, and its recirculating system would have minimal environmental impact. “We wind up with a pool that’s less impactful and a discharge point more distant from the wetlands than what’s proposed now,” he said. “And the wetlands are on the other side of the road, in any event.”

“We understand the wetlands are on the other side of the road,” Frank Newbold, the panel’s chairman, said, “but I’m sure you read, for instance, in The East Hampton Star this week, there is concern about that entire area of Egypt Lane and North Main Street, how it flows into the pond.” Mr. Newbold was referring to recommendations presented to the village board the previous week for a wastewater system for 87 properties, including Mr. Twist’s.

The board asked that details of the proposed pool’s elevation be submitted for Mr. Herrmann’s evaluation, and the hearing was left open, to be revisited on Oct. 23.

The board also heard from a representative of Rajesh Alva, who had received a building permit in June only to have it revoked days later when the zoning code was amended to add graduated formulas for allowable floor areas of residences on lots larger than one acre.

When the village board held a public hearing on the amendments in the spring, Mr. Alva harshly criticized the proposal, stating that he, his wife, and his neighbors would register to vote in the village.

The building permit he received on June 11 for a 6,204-square-foot house and 1,212 square feet of accessory buildings to be constructed at 36 Hedges Lane, became noncompliant when the code was amended eight days later. Under the new formula, he needs variances for both the residence and accessory buildings.

Andrew Goldstein, arguing on Mr. Alva’s behalf, said the property is more than 250 feet from Hedges Lane, so the structures would neither be visible from the street nor affect neighbors. “The neighborhood is what the comprehensive plan describes as a historic summer colony,” he said. “Virtually every house on this street and on the neighboring street exceeds the current limitations on gross floor area,” he said.

 “This is the poster child for non-self-created difficulties,” Mr. Goldstein said, referring to the zoning amendments.   Mr. Newbold agreed, saying, “He got caught in the upzoning.” Board members indicated that they agreed, and the hearing was closed.

The board also announced four determinations. Mark Schryver of 35 Sherrill Road was granted variances to allow a porch within the front-yard setback and floor area and lot coverage 329 and 138 square feet more than what is permitted.

Matthew Mallow and Ellen Chesler were granted a freshwater wetlands permit to allow the removal of approximately 15,000 square feet of phragmites from 40 La Forest Lane and adjacent wetlands and its replacement with native plants. 

Barrie P. Berg and Antonio Munoz-Sune of 181 Georgica Road were granted a variance to permit an existing porte cochere beneath a portion of their house’s second story to be enclosed. Doing so will increase the floor area to 633 square feet more than what is permitted. The variance was granted on the condition that the area used now for automobiles will not be converted to habitable space.

The board also granted variances permitting the extension and alteration of 10 pre-existing, nonconforming cottages and a maintenance garage at 92 Ocean Avenue, owned by the Bayberry Close Corporation. Structures seaward of the coastal erosion hazard line are to be removed, and steps, walkways, pavers, patios, outdoor showers and bins, a trellis, and air-conditioning units will remain. The property was also affected by the zoning amendments and required variance relief for coverage, floor area, and setbacks.