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Montauk homeowner seeks permit to legalize deck, shed and outdoor shower inside wetland setback; board leaves record open
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Summary
Brian Crawford asked the East Hampton ZBA to legalize a shed, first‑floor deck and outdoor shower that lie within freshwater wetland setbacks. Planning staff recommended a dry well for the shower and relocating the shed where feasible; the board closed the hearing but left the record open for proper reposting for 10 days.
Brian Crawford told the East Hampton Zoning Board of Appeals on Feb. 3 that he wants to rebuild a rotting upper deck and legalize a first‑floor deck, an outdoor shower and a shed at 40 Agnew Avenue in Montauk.
The application requests a natural resources special permit and variances to wetland setbacks: the board record shows the deck would be 20.8 feet from the wetland (a 79.2‑foot variance where 100 feet is required), the shower 48.7 feet from the wetland (a 51.3‑foot variance) and the shed 28 feet from the wetland (a 72‑foot variance). Crawford said structures and modifications date back decades and that he has lived in the house about 32 years.
Planning Department planner Jay Kushner told the board the parcel is part of a 1957 subdivision in Ditch Plains with many small, nonconforming lots and that the jurisdictional wetland is on a town‑owned parcel to the east. Kushner described the wetland as highly disturbed and dominated by invasive species, and recommended mitigation measures. “If [the shower] is to remain, a dry well would be a proper form of mitigation,” he said, and advised that the shed could be relocated to the lot’s northwestern corner if its post‑frame construction makes a move feasible.
Crawford said moving the shed as recommended could require removing trees; board members discouraged cutting trees for that purpose and suggested shifting the shed only as far as is practical without tree removal. Crawford also asked whether his proposed three‑foot extension of the second‑story deck would require an additional variance; planners said the record did not include a stamped survey showing that extension and that a separate variance would be required if the extension is part of the application.
After questioning and discussion, the board voted to close the public hearing but leave the record open so the applicant can repost the property properly and allow 10 days for neighbor notice. The board noted it has up to 62 days to render a decision after the record closes, and staff said the decision will likely be made sooner.
Next steps: Crawford must repost his property with a sign noting the natural resources special permit and the variance request, leave the sign posted for 10 days, and submit any missing documentation (including the stamped survey if the deck extension remains part of the application). The board will notify the applicant and file the decision with the town clerk after the record closes and materials are received.
