Zoning Board: Yes Yes Yes Yes Yes Yes
At just over 30 minutes, Friday’s meeting of the East Hampton Village Zoning Board of Appeals was unusually crisp. Equally uncommon, four applications were heard and four applications were closed. The board, absent Frank Newbold, its chairman, and John McGuirk, also announced several determinations.
Peter Morton of 57 West End Road, a co-founder of the Hard Rock Cafe restaurant chain, was seeking coastal erosion hazard area and zoning variances to construct swimming pool equipment and install a swimming pool dry well. The pool equipment would be 20 and 25 feet from the side-yard lot line, where the required setback is 40 feet. The dry well, for pool discharge, would be seaward of the coastal erosion hazard area line.
A house is under construction on the property; the original house, built in 1926 for Ellery S. James and designed by Roger Bullard, who also designed the Maidstone Club’s 1922 clubhouse, was destroyed by fire in March 2015.
In previous hearings, Mr. Morton had stated his intention to rebuild the original house as closely as possible. To that end, the board granted variances from code pertaining to coastal erosion hazard areas, preservation of dunes, and zoning. Mr. Morton was also granted variances to remove a swimming pool and construct a larger one.
When plans for the rebuilt house were drawn, “the homeowner thought he could get the pool equipment in the basement,” said Jon Tarbet, an attorney representing Mr. Morton, but issues surrounding the property’s location in a flood zone and the need to access the house to perform swimming pool maintenance made that impractical, he said. The new plan is to house the pool equipment in a shed.
Despite the property’s 2.3 acres, there are a number of obstacles to locating the pool equipment in a conforming location, Mr. Tarbet said — a septic system, the state building code, and proximity to the ocean, to Georgica Pond, and to wetlands. “It actually made more sense to keep going farther from the house, to get it farther from our house and the neighbor’s home,” he said.
Fortunately, there is very little erosion at the site, said Lys Marigold, the board’s vice chairwoman, who presided in Mr. Newbold’s absence, and the proposed equipment will be 150 feet from the edge of beach vegetation. “Oddly, the beach is getting wider here,” Mr. Tarbet said.
Chris Minardi, a board member, said that Mr. Morton “has also done a good job putting back exactly what he had. He could have put a much bigger house on this lot.”
The hearing was closed and a determination will be issued at a future meeting.
Five determinations were issued. Michael Fisch, the founder and chief executive of American Securities, was granted variances to legalize the installation of four stormwater dry wells that lie between 4 and 13 feet from the 20-foot contour line of the ocean dune, where the required setback is 25 feet, at 174 Further Lane. Mr. Fisch was before the board last year and in 2014; he has completely redeveloped property that once belonged to the broadcaster Roone Arledge and, before that, the torch singer Libby Holman.
The variances were granted on condition that fencing seaward of the 20-foot contour line is restored to its previous location, and that a revised landscaping plan “depicting woody vegetation characteristic of a maritime heath environment, as opposed to meadow-like vegetation” is implemented.
The board granted Murray and Ilse Stark of 28 East Hollow Road variances to permit 1,000 square feet of coverage more than the maximum; to allow a statue, two storage bins, a liquid propane tank, pool equipment, and a generator to remain within the side-yard setback, and to allow a bocce court to remain within the other side-yard setback. All of the structures were constructed without a building permit. The applicants had previously agreed to remove a patio and to narrow a postman’s walk to reduce coverage.
The Corwin family of 25 Cooper Lane was granted variances to construct additions to the house and make alterations to a detached garage in the front yard; for the house to exceed the maximum floor area allowed by code, and for 149 square feet of coverage over the maximum. The house falls within front and side-yard setbacks, and the garage exceeds the maximum floor area for accessory structures. During the hearing, the board prevailed upon the applicants to alter their plans so that no undesirable change to the character of the neighborhood, or detriment to nearby properties, would result.
The board granted Cynthia Viole variances to construct a 278-square-foot addition to a house at 27 Jericho Road, resulting in 246 square feet of floor area above the maximum. Variances were also granted to allow the addition to fall within the front-yard setback and for a stone walkway, satellite dish, and underground propane tank to remain within the rear-yard setback. The variance relief was granted on condition that a sports court that had been installed without permits be removed.
Robert and Jessica Zecher were granted a variance to convert a 250-square-foot patio into living space at 97 Dayton Lane. The conversion will result in 249 square feet of floor area above the maximum permitted.
A hearing for Lee Fixel, a partner at the New York investment company Tiger Global Management who purchased 226 Further Lane last fall for $57.3 million, was scheduled for Friday’s meeting, but the applicant asked that it be postponed until Friday, June 23.