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ZBA approves renovations at 42 Old Montauk Highway with revegetation and plan resubmission conditions

East Hampton Zoning Board of Appeals · May 12, 2026
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Summary

The East Hampton ZBA approved reconstruction and additions at 42 Old Montauk Highway (42 OMH LLC), emphasizing a revegetation plan, reduced lot coverage, IA upgrades and the need for revised surveys and submittals; the board also pressed the applicant to address restoration at a neighboring property (34 Old Montauk).

The East Hampton Zoning Board of Appeals on May 12 approved an application for 42 Old Montauk Highway that will renovate and reconstruct portions of an existing residence, add roughly 513 sq ft of first/second‑story additions, reconfigure a driveway and reconstruct decks, while triggering natural resource special permit (NRSP) review and multiple setback variances from wetlands and bluff crest lines.

Board members said the project reduces building and total coverage, includes an IA system upgrade and a revegetation plan that will replant roughly 4,800 sq ft to bring the lot closer to compliance. Planning staff supported the re‑veg plan and called the proposed mitigation satisfactory for the parcel. The applicant agreed to remove or relocate nonconforming elements on the property and offered to begin restoration on an adjacent parcel (34 Old Montauk) as part of a broader mitigation discussion.

Members debated how to condition and enforce any work on 34 Old Montauk — which has an outstanding DEC violation — and whether restoration there should be required prior to permit issuance, tied to a certificate of occupancy, or set on a specific timeline. The board concluded the 42 Old Montauk application meets NRSP and variance standards as submitted but required the applicant to submit revised surveys showing corrected gross floor area and more robust revegetation details; members accepted a staged approach by which an initial 25‑ft buffer restoration could occur sooner with the remainder completed by a specified deadline or by CO, subject to final conditions approved by the planning department.

The approval was contingent on resubmission of revised plans and survey data and on finalization of revegetation and monitoring conditions with the planning department. The board recorded consensus to move forward with the application subject to the agreed conditions.