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ZBA approves shower and deck but denies shed variance in post‑hearing decision
Summary
Following a post‑hearing review the board approved an NRSP, a rebuilt deck and relocated shower with a dry well for 40 Agnu Avenue, but denied a large variance to legalize an existing shed, citing possible relocation options and tree impacts.
In a post‑hearing matter the East Hampton Zoning Board of Appeals addressed a late‑filed request by Brian Crawford to legalize an existing shed, deck and outdoor shower on a small, constrained lot subject to a freshwater wetland. The filing sought large variances from wetland setbacks: the deck, shower and shed were recorded dozens of feet inside the 100‑foot wetland buffer.
Board members reviewed property history dating to a 1993 certificate of occupancy and an earlier notice of violation. Planning staff and board members noted parcel constraints and discussed whether relocation of the shed would be feasible without removing trees. The applicant offered to add a dry well for the shower and to rebuild the front deck in kind.
After deliberation the board approved the NRSP application elements for the deck repair and the shower (conditional on a proposed dry well and standard compliance conditions), finding no evidence of imminent environmental harm, but voted to deny the shed variance — members said the shed could be relocated to a less nonconforming position or redesigned without removing protected vegetation.
The board advised the applicant to return with either a revised shed location or more detailed mitigation if he wants the board to reconsider. A follow‑up review was scheduled to permit the applicant time to submit revised plans.
