001All right, GBA, we are live. We are recording. Phone lines are opened. Go for it. >> Thank you, Matt. Welcome to the Town of East Hampton Zoning Board of Appeals meeting for December 2nd, 2025. Uh we have one council public hearing this evening. That's 42 OMH LLC at 42 Old Montalk Highway Malk sub tax map number 300-21-2-23. It's been cancelled. We'll move on to our first hearing of the evening. [clears throat] Uh first hearing is 66 Montalk Highway LLC at 66 at 66 Old Monttok Highway. Amigans at sub attachment of number 300-172-2-27. Size and location is 46,654 square feet at 66 old Montalk Highway at Mcanzit. Uh the description is to allow the pool house to remain 207 square ft and the shed to remain 7 ft above the pyramid line along the northern lot
002line. Relief Sod is a variance of 250 from 255 11110 of the East Hampton Town Code is needed to allow the pool house to remain 27 square feet where 200 ft is the maximum and 200 255 11172 for period pyramid variance of 7 ft to allow the shed to remain in place. The zoning district is a residence zone X flood zone and secret class is type two. Council, do we have proper affidavit of service and posting? Yeah, I reviewed the affidavit of notice and posting and everything seems to be in order and the board has jurisdiction over this hearing. >> Thank you, member Mir. >> Yes, thank you. Good evening [clears throat] everybody. Um, so this is the old Montalk Highway, not in Montalk but in Amigansa just to orient. It comes off of Atlantic
003Avenue and then runs diagonally up and then dumps back out on 27 right in front of the um reserve property just to orient. Okay. So, I'm just standing in the road looking at the entrance gate. You can see the posting is on the um telephone pole um to the right. Next slide. I took a closer um photo of the posting and the dates seem to be in order. Next slide. Okay. The house is not in question, but I just wanted to orient people on the property. This house um was renovated and expanded. It does have a lot of historic um significance to it, though not designated. Um the the structures will be to the right and the rear of this that are in question tonight. Next slide. Okay. So, now I'm stepped back into the
004driveway. The house is to the left. I'm looking straight back. The garage is not in play, but I took the shot because you can see the pool house just to the to behind or to the side of it. I'll get a closer shot of it. And towards the back you can see um the little shed that is also um needs relief. Next slide. Okay. So now I'm staring straight at the pool house um which is 207 square ft um opposed to the 200. So it needs that relief. Um it is uh close to the uh the garage that was constructed more recently. Next slide. Um, and then this is the shed that um needs the pyramid relief. The narrative I'm sure we'll talk about. Um, and I guess there's been a shed pretty much in
005this area for quite some time. I think I only have one more slide just to show the other access. Yeah, this is the other rear uh accessory structure. I guess it's called the barn. Um, that has also been remaining on the property. I think that's it. >> Thank you. How you doing Joel? >> Good. Good evening. >> Joel, do you swear firm to tell the truth, the whole truth, and nothing but the truth? >> I do. Uh, good evening, Jane and board members. Joel Holly on behalf of Lighthouse Line Planning representing the owners of 66 Old Montalk Highway. The application now before the board represents what at first seems like excessive variances. However, this is more of a more of a case of simple measurement errors regarding the pool h regarding the pool house and
006simple changes to the small shed. The pool house was constructed prior to the current owner purchasing the property and the footprint is unchanged. The pool house received a certificate of occupancy in 2017 and I did submit a copy of the survey from that co to the record. Uh the current owner had planned to demolish actually the current the contractor who was working for the current owner had planned to demolish the pool house and construct a new pool house in the same footprint. Uh the reason being is that the garage that was built next to the pool house um had some excavation going on basically right up to the pool house. Uh so they were fearful that the pool house was going to fall into or was going to be compromised. Um there were no issues
007with the pool house at the time of construction. So it was never demolished even though a building permit had been issued for the pool house to be demolished. uh the existing windows and and the the siding was just replaced on the and the doors were was just updated on the pool house. Um it was unknown to anyone that the pool house was 7 square ft larger than allowed. However, it was it hadn't been demolished. So, it was still the same pool house that was on the 2017 co. Um and I confirmed the footprint with David Saskquez from the 2017 survey. Uh, and he did confirm that the pool house was 207 square feet on the 2017 survey. I submitted a copy of the email from the surveyor to the record, which does attest to this.
008There was not a mistake. This was not a mistake of the current owner. It was a simple mistake of a few inches in length on part of the contractor from the previous owner. The seven square feet if removed from the pool house would be very ownorous to the current property owner and [clears throat] the benefit far outweighs the uh benefit to the applicant far outweighs the de detriment if any that would be caused by the issuance of the variance. The situation is very unique as it and it has uh and had it been caught when first constructed there may have been a cause to deny this variance but that was a different owner other than the siding and windows. Nothing has changed with this pool house. Regarding the seven foot pyramid variance, the shed was
009always within the pyramid setback. The only change was the shed was re to the shed was that it was re-roofed and the pitch was brought down. Uh doing this raised the height of the wall on the property line on the property line side approximately 1 ft 7 in. To that point, this would create a larger pyramid non-compliance. However, during construction, the shed was moved 1.1 ft to the south. And now, this was done if um I wish there wasn't a better picture. Sorry. Um, and I probably should have submitted something to the record for this. There is a tree directly behind the the shed that as it grew over the years kind of grew into the shed and a root was right was growing under the shed. And at first they thought to cut the
010the root, but they actually brought in an arborist to check it out and said that's not a good idea. Be better if you just slid the shed off the roof. So that's that's why the shed had been moved. So the only real change was was the shed being moved in the roof line. Uh for that aside, the shed remains the same. Um by moving it, that reduced actually the pyramid non-conformity uh had the roof line not changed. But being the roof line had changed, the non-conforming is only increasing by 6 in. Uh the shed has never been an issue, it is a very small at only 100 square feet and poses no detriment to any nearby property owners. In fact, uh this is not out of character with this area of the neighborhood where accessory
011structures and houses on abuing properties are situated on the property line or within close proximity to the pro property lines. If you look at areials within this area, the application does demonstrate compliance with the variance standards of section 255-8-50 as outlined in the memo that I have submitted to the record. Beyond that, if the board has any questions, I'd be happy to answer them. >> Any questions? Um, I've read your the narrative and understand it's small and it's never been an issue the shed, but since it was being moved, was there any thought to move it just to make the whole thing conforming? I know it's >> they didn't really want to move it at all, but they didn't want to they didn't want it was actually this the movement was to so they didn't
012have to sacrifice the trees, >> right? So, there was no thought, you know, it was actually done. There was no thought put into it at all. Actually, they just moved it at the arborist. The arbor said, "Hey, just move it off the the the root." There was no actually thought to moving it in a conforming location. It was just a thought to get it off the root so they didn't have to cut the root and possibly damage the tree. >> And then also I trying to remember the code at the time when this work was done. I is the required separation between accessory structures supposed to be 5T. I know it was >> this was done it was 5T >> right? Is it is it 5 ft between the >> um it looks like >>
013full house and the I couldn't my eyes >> it looks like it from scale it does >> what >> does look like it from scale >> yeah okay I couldn't >> yeah so I mean it's at least seven and a half >> okay just checking >> yeah I'd say it's definitely >> just in case any other relief is necessary thank you those are my questions >> have any other questions >> I have no questions Sarah, >> how are you? Sarah, >> good evening. Sarah Lewis for the planning department. >> Sarah, do you swear affirms to tell the truth, the whole truth, and nothing but the truth? >> I do. Um, so I think Mr. Holly has pretty much covered um a lot in terms of this application, but I'm happy to answer any questions. >>
014No, thank you. >> Still there. >> Is the tree still there? >> Yeah, it is. >> It is. >> Yes. >> Yeah. To previous. Okay, >> thank you. >> Great. Thank you guys. Thank you. >> Anybody in the public like to address this application? >> Not make a motion to close, of course. >> Excuse me one second. Let me uh let me check the phone lines. >> Is there anybody online? And this is Matt Chapman calling from LTV making sure all the phone lines are open and clear which they are and you have zero additional callers. Thank you. >> Thank you Matt. >> Okay. Uh motion uh 6 in the matter of 66 Montalk Highway LLC 66 Old Mont Highway Emagansit Suffach County Tax Map 300-172-02-27. I make a motion to close the hearing the
015public hearing and close the record. >> Second. >> Concur. Concur. >> Concur. >> Good night everybody. >> Thank [clears throat] you. >> Good night Joe. >> Board members. If uh if we get to the work session, we want to make a consideration possibly make a decision on this this evening. If just I'll consider we'll give you time to think about it. Thank you. [clears throat] Next we have Scott Aer at 70 Cliff Road. That's map number 300-174-2-24. Size and location is 12,000 square ft at 70 Cliff Road, Montalk. The description is to demolish the existing approximately 1500 ft² foot residence and associated structures and construct a new 2800 ft two-story residence with a 300 ft garage and storage. 250T of swimming pool, pool equipment, pool fencing, 425 square ft of decking, outdoor shower, gravel driveway,
016256 square ft of entry porch, walkways, new sanitary systems, and associated structures within jurisdiction of dunland and beach vegetation. The relief sought as a natural resources special permit pursuant to 255420 of the East Samson town code is required for this application. Zoning district is B residence AE flood zone and the elevation 10 and the secret class is type two council. Do we have affidavit is proper affidavit of service and posting? >> Yep. I review the affidavit notice and posting and everything is in order and the board has jurisdiction over this matter. >> Thank you member Miring. >> Yes, thank you. Um hey, I'm on uh Cliff Road which is in the Beach Hampton neighborhood otherwise known as the Dunes neighborhood. Um, this board has seen applications on Cliff Road before. Um, this is the closeup
017of the posting which seemed to be in order towards the front of the property. Um, here's just a um [clears throat] standing out in the road looking at the posting, a portion of the dune land in the front. You can see the onestory existing house in the distance and the detached small garage that exists. Um, next slide. Um, so now I've walked over to the driveway just to get a little bit of how the house presents currently relative to uh the road. Again, fairly low slung um fairly typical of development around the time that this was built in Beach. Um, next slide. Oh, sorry. This is just a shot looking down Cliff to get a little bit of a I think I'm looking west um on Cliff just to get a little bit of a
018sense of the neighborhood there. There is a fair amount of dunescape and dune land. Um some in better condition than others, but it's uh it's you know very uh very dooy. Um next slide. Okay, so now I've g going onto the property. I'm going to go around the property really to have a close look at the condition of the dune land and there's some topography as well as you know just sort of the existing house and there's there's some staking on the property that I think relates to the new proposed structure. So um again this is the partial front of the house and the small I think it's detached garage. Um next slide and I'm just moving east. Um, so that's the rest of the front facade of the house. Um, you know, the camera
019doesn't quite pick up, there is some undulation. Um, that's even though some of the stuff is not native on it, um, you still very much get a sense that this is, you know, meaningful dune land. Next slide. Um, now I'm I'm basically looking at the uh east property line um of this that structure is on the property next door. That is actually a garage that was constructed not all that with I think within the last decade. Um, and you can see some of the vegetation as you're starting to I'm going to loop around and start to head towards the back of the property. Next slide. Now, now, ding, ding, ding. I'm on I'm on the east side of the property. The TAM, you know, discusses that there are both, um, invasives, natives, um, and, you
020know, a mix, uh, condition on the dune land. So, um, the house is just off the screen to the right. Um, the neighbor to the east is to the left, and I'm looking towards the back of the property. Next slide. Um this this is I stepped back. My back is right at the property line um on the east and this is the uh facade of that side of the house. Um next slide. Okay. So now I've gone onto the back of the property. I thought this is sort of an interesting shot. As you go towards the rear property line, the dune land does really start to swoop up. So I just I'm at the I'm at the rear property line. Um, and just this is kind of how you look down into what is this
021portion of Dunland. You can see the rear of the house. There was a back deck. Um, next slide. Now, interestingly, as you move uh back on the rear side of the house, closer to the left, yes, that land was more disturbed. I guess there was lawn there at some point. Now, the grass is sort of, you know, broken up a bit, but it does get green over there. And now I'm looking to the west property. The house next door um was sold recently. It's undergoing a big renovation and believe there was an addition um to that house right next to the you know on the property line on that property line. So just wanted to get you that house is actually sitting up on top of what was a dune structure aside from the fact
022it's twotory. That's part of why it looks so high relative to the house we're talking about. Next slide. Okay. Okay, just a fuller look again of the rear of the house as it exists. Um, and the sort of split between the grassy part and the more of the sandy dune land. Next slide. Um, you can see so I'm now I've gone closer to that blue Tyveki um thing and I'm looking east and you can see two stakes um there that I imagine relate to something that's being proposed. Um, I actually think they might have read to read pool or something like I'm not sure. I can't remember. But anyway, I think I have one more slide. Next slide. And now I'm just going back towards the front of the property on the side of the
023house. I'm on the rear of the garage. Um, next slide. And then as I got back, I'm in back in the driveway again. Just another shot of that front area of uh of land. I think that's it. >> Thank you. See, we have the agent here. >> Announce yourself and your address. >> Uh, my name is Mark Bakra. I'm uh the agent for Scott Aer. >> And your address? >> My home address? Five Emerson Lane, Shelter Island. >> Okay. Do you swear affirm to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Um I'm not sure exactly how uh to present everything. Um we do have some survey of the existing the proposed. Um [clears throat] so the the goal for the project was to create a
024structure that minimized the expansion of the footprint and tried to keep the scale of the neighborhood. you know, as far as, you know, we are up to the GFA allowable, but um as you'll notice in the plans, it's not um super large spaces. It's kind of compact, and we really wanted to just preserve the overall footprint of the home. Um what else do we have? Uh the floor we going through the floor plans? Okay, so there's four bedrooms total. um on the project. Um and there's a a small pool as well. There's a second floor with three four bedrooms above. So that's five bedrooms actually. Um yeah, proposed house is five bedrooms and three and a half bathrooms. Sorry. Uh this is the the north elevation is what's facing the road. The south elevation is
025what um if you're up on the land the dunescape is or that's actually the east elevation. Sorry, the top one. So that would be the one facing the um the house on the east property line. There's the west and the south. South is what's facing that the back dune area. Um yeah we so the the floor >> ZBA please pause your meeting. Okay. [clears throat] And in three, two, one, please resume. [laughter] >> Um, give it time for our sponsors. Um, yeah. I mean, it's a typical, you know, tried to do like a modern design, but not too over over the top. Tried to keep the scale of the neighborhood. The street front we feel has exhibits of the existing with the the kind of the small garage and the front facade. Um, we took
026this the slope of the upper roof from the existing house that's there with if you see if you notice from the back you you saw the large uh southern pitch that comes down towards the street. So, we took some nods of the existing architecture and then tried to um enhance that to a family that's growing. Their kids are getting bigger. um their families now their their kids now have kids, you know, so they want a place that's reliable space in Mont or in uh Emaganset to um come out for the summers and as any typical family out here and I think um this gives them all the features they needed um and it doesn't overwhelm the neighborhood. Um there is a pool section I think which is interesting. Um, you know, we tried go up
027one >> with [clears throat] the pool cuz I know these can be um issues that could come up. You know, it's a shallow pool. It's 6 ft deep. We could go a little shallower, but we're well above um the water elevation and also trying to minimize all the excavation on that backside. You know, we want to maintain that that dune in the back as much as possible. Um we are proposing to revge uh quite a lot more than what um is actually existing. Taking back that lawn space that's in the back that was uh planted before they I believe believe before they bought the house. Um so we think that's a good Oh, there's a bug on here. Um that kind of gives back to the dune area. Um I did this on another project
028up the road 87 cliff road and the landscape now looks really beautiful doing the same revitation process that we did um there proposing that here. Um, yeah. And if you go to the renderings, you can see the uh it would be the front driveway area. And that's the front elevation with the garage, the small garage and a front porch there. And then going to the other elevations, there's the back. We've redesigned the pool a little bit. We feel that the the design that you'll see in the plan um actually is a little more um caters to the the dune a little bit better following that that line. Um and then yeah, are there any questions or do you guys have any comments and concerns? >> Well, the pool on your rendering looked like it was
029rectangular, but on the survey it angles. So, it's the angled one you're doing. It's the one that we're doing has a slight curve. Um and yeah, more of an angle and it's if you go to the site plan yeah in that PDF go up down down right there. Uh sorry up one right there. doesn't want to answer the question. >> You can do it, Tyler. >> Sorry. [laughter] >> So, if if I can walk over here real quick. Um, we, you know, the topography does kind of come up as, um, you noted from your, uh, site visit. So, we were trying to go along that edge by cutting the pool back a little bit. Um, and it also gives us a little deck above. Uh, so we're we're open to ideas if that is an
030issue for that pool shape. >> I I notice on on your pool diagram, you are um you do have a grade elevation of 12, meaning at the pool, which is consistent with the topography on the survey. So I I get that it's important to keep those contours >> Yeah. >> intact. >> Yeah. >> Um >> the re edge plan is there going to be um less um clearing than what is existing. So existing um >> because you you're you have a revegge I'm trying to match up your revege plan to the survey. >> Yeah. >> Um so your survey isn't showing that there's going to be any in increase in re in vegetation. >> Um so I want to I want to try to match this up because we have to be we have to
031be able to rely on a proposed survey as as for the record. I I thought he did have the >> proposed your proposed is is equal to the existing right now on the survey. >> Yeah. >> So what's your what's your intention of the reveation plan? >> That was my question. >> So yeah, if we go back to the the survey. So if you see this clearing edge, I think it was a recommendation by the when I submitted the application that we um propose revging this these areas that are >> right. So right now that clearing edge matches up to what's shown on the survey on your on your revge plan, but you're showing more reg vegetation >> and and it's not it's not um brought into the survey. I think I think it's going
032to be important for us to see that on a on a survey. >> I can get that from the surveyor that I think that's what were the the um [clears throat] the staking was done for. This was a while back. So, I'm trying to refresh a little bit. Um let me see if I have exactly thought I had that updated like how much. Yeah. Would you be able to >> follow up and tell us how much reveation you're planning on and where based on the survey? >> That's a good point, too. Oh, no. So, no, this is this is this is the pool right there. So, that's the pool right here. >> The proposed clearing would be 6,1 that would include getting back giving back all this. >> That should be a color and reveation.
033So then what is the everything else is cleared inside of that. >> Everything else is cleared inside of this. This is all considered cleared, >> right? That matches up with what's existing. >> Exactly. So So that's this this hashed this uh hatch mark is what would be reveated. >> But >> I mean, >> right. So what we're not what we're have struggling with, we don't have a proposed area of clearing. >> Exactly. Um, and I think >> that's what this is his reedge. This is the >> this is the existing clearing line is here. >> He's proposing to do this revge throughout that. So, this would be the clearing line. It's just not shown, >> right? It needs to be shown on the survey. >> It's shown on that. It's shown on I mean it
034should be it should be on the survey, but we can we can we can work with this for now, I think. >> All right. But how do we but how do we we don't know the area. So, if we approve something, how do we know what being approved or not? How much how much that is? >> Oh, you have that on there. Wait a minute. >> Existing is 8938 and then the proposed clearing after the structures are built and reveated. We get 6,000 survey. >> Yeah. >> I see that now. Okay. All right. I get it. >> Yeah. I thought we I thought I had >> Oh, so that's substantial. >> But >> I guess I still I still So, right now, let's forget about that straggly grass in the back for a second. you're
035going to rehabilitate that, right? So the the whole property is sandy, right? So it's all was at some point all like you look at the aerials too, you know, do land. So the part that remains cleared, it's going to remain sandy, but you know, I think maybe there's a concept that there should be a restoration of that doom land really all around that house. um [snorts] you know to kind of bring it back to what is a protected natural resource in this town that you know has standards to it. So I'm still trying to square that now with this number that you just gave and you know this whatever this area is inside the cleared area. Um, and then also I I don't know if you're going to do grading in the front or are
036you going to try and protect that what sort of undulation there is in front? >> We're trying to keep the the driveway level that you saw and the the house finished floor is similar to what um is existing there. It's actually a little higher, but that whole area would be the same basically, >> right? So, it should look do like as opposed to just sort of everything flattened with some beach grass in it, right? I did we did it at um 87 Cliff Road. I used this similar um you know the ground cover and the shrubs and and the beach grasses and they actually I think there was like we had to take some of the fill out or but there was like a inspection process with the town to make sure we you know
037through planning that we had >> you know like redid everything exactly you know to your requirements. planning requirements. So, I'm familiar with that process. So, I would go through that same process. Sorry if I'm not explaining it right. Wasn't super prepared for this. >> But yeah, as you see, it's the the ground cover would be the Newberry, the um and bare beach sand, and that would be basically the whole site. There's no lawn proposed or anything like that. >> Yeah, we can hear from Tyler on that, too. Can I ask the before we go to Tyler, may I ask the applicant's agent one more question? So, um, you know, as part of your narrative, you you obviously talked about they have family needs and they want to meet those needs with more sizable house, but
038you also said, you know, this scale is in keeping with the surroundings. So, I I know I understand what you're saying. However, this you're at the ultimate maximum allowed on a property that wouldn't have natural resource features on it. Um and the coverage is the building coverage is going up. The total coverage is rising. Um there's a pool um going in. So, you know, some of our standards we look at, we have to look at charact impact of character on the neighborhood. you know, hopefully you've read the variance standards and the natural resources standards. So, can you just comment [clears throat] on that? >> I think a good slide would be one up from this. >> Mhm. >> So, this shows basically the existing footprint. So, this is the existing deck that you had noticed
039in the back. >> Um, this is the house that's there and this is that tree that's existing there. pool is and deck area is only taking up this much more space. I don't I don't have like a percentage, but we're, you know, we basically kind of flipped and turned the house shape >> coming back >> into the street a little more and tried to like minimize our expansion like I mentioned before. And I thought that was um you know the best course of action for you know this property and for in keeping with the area. >> Okay. Any other [clears throat] >> how many bedrooms? The plane department top.