East Hampton Zoning Board approves most post‑hearing applications, denies major dune‑area expansion

The East Hampton Zoning Board of Appeals met on June 9, 2026, and took action on seven post‑hearing matters involving pools, decking, accessory structures and several requests for variances near wetlands and dune areas. The board approved most applications with conditions aimed at protecting wetlands and requiring updated surveys, revegetation plans and recorded covenants, and denied one major dune‑area application where the board found the mitigation proposals inadequate.

Why it matters: The decisions affect shoreline and wetland buffer protection in East Hampton neighborhoods where development pressures, permit errors and prior unpermitted clearing have prompted neighborhood concern and required close review of revegetation and easement commitments.

The board opened the work session with a review of the agenda; the chair noted the evening would include a work session and seven post‑hearing decisions. "This evening, we have a scheduled work session and seven posthearing decisions," the chair said at the start of the meeting.

Key approvals and conditions - 23 Glenway (Lee Cohen & Erica Fleshman): Approved. Members said moving the septic away from the wetlands and adding a scenic easement were important mitigations. Member Kylie said the "abandonment of the traditional septic system which was adjacent to the wetlands is a big plus for me," and the board conditioned approval on an updated survey, a revegetation plan and a covenant or condition prohibiting interior plumbing in the accessory structure unless expressly allowed.

- 62 Franklin Drive (Gerard Skolan): Approved. The board concluded the legalized pool patio — the result of a long‑standing permitting error — would not materially change neighborhood character given screening; the applicant agreed to remove a small nonconforming slate patio section.

- 14 Cow Hill Lane (Natalie Bar): Approved. Members characterized the setback error as a permit/ survey mistake carried forward and approved the variance with a maintenance covenant to preserve existing screening for the abutting neighbor.

- 24 Oyster Shores Road (Howard Morse): Approved with conditions. The applicant increased revegetation area from roughly 7,039 ft² to about 8,614 ft² and expanded the conservation easement; the board required a finalized updated survey, a planting list and that the revegetation and easement be recorded prior to permits being issued.

- 65 Dunes Lane (65 Dunes Lane LLC): Approved. The board approved legalization and reconstruction of existing decking and the requested variances after weighing the existing nonconforming conditions and the scenic easement offered as mitigation.

Split decision on a constrained lot: 96 Marine Boulevard (Mau Trust) The board split its decision on this constrained Amagansett lot. Members approved most of the existing nonconforming elements and several variances — including relocation of pool equipment and legalization of certain small existing structures — but the board denied the proposed rooftop/roof‑deck and a related one‑foot pyramid exception intended to allow glass railings that would increase overlooking. The panel emphasized the need for a recorded scenic easement, a robust revegetation plan and clearer control of invasive bamboo in the easement area before building permits would issue.

Denial: 83 Cliff Road (Marian Leier) The board denied the natural resource special permit and related variances for an application proposing substantial additions and a front‑facing garage on a parcel where prior unpermitted clearing (transcript discussion cited roughly a 10,000 ft² discrepancy) had already removed significant dune vegetation. Multiple members said the submission lacked a concrete revegetation/renaturalization plan and did not meaningfully address prior administrative permit requirements, and that the scale of additional building coverage and the lack of documented restoration made approval inappropriate.

Quotes from the meeting "The abandonment of the traditional septic system which was adjacent to the wetlands is a big plus for me," Member Kylie said while supporting the 23 Glenway application. "This was an unfortunate error that perpetuated itself over several years," Member Kylie said of a different permit mistake, explaining why the board sometimes legalizes work built under incorrect permits. "I'm going to deny this application," Member Burgerer said when addressing a project he concluded did not meet NRSP standards.

Votes at a glance (outcomes) - 23 Glenway — Approved (conditions: updated survey, recorded revegetation plan, covenant on accessory structure plumbing) - 62 Franklin Drive — Approved (condition: remove small nonconforming slate patio; maintain screening covenant) - 14 Cow Hill Lane — Approved (condition: screening covenant) - 24 Oyster Shores Road — Approved (conditions: updated survey, planting list, revegetation and conservation easement recorded prior to permit) - 65 Dunes Lane — Approved (conditions: scenic easement and TAM items) - 96 Marine Boulevard (Mau Trust) — Partially approved (most existing nonconformances and several variances approved; roof deck and pyramid exception denied; conditions: revegetation, recorded scenic easement, TAM recommendations) - 83 Cliff Road (Marian Leier) — Denied (NRSP denied for inadequate restoration plan and unresolved prior unpermitted clearing)

What comes next Approved applications were granted subject to the conditions spelled out in the technical analysis memos (TAM) and the board’s pronouncements; several items require updated surveys, recorded conservation easements or covenants and finalized revegetation plans before building permits will be issued. The board also directed staff and applicants to ensure that revegetation plans are practicable, that invasive species are controlled outside protected wetlands, and that any covenants restricting interior plumbing or screening be recorded.

Meeting details and documents Decisions referenced East Hampton Town Code provisions for natural resource special permits and dimensional regulations (sections raised repeatedly by members and staff during deliberations). The board closed its work session at 8:56 p.m.

(Reporting note: this article attributes direct quotes only to speakers named or functionally labeled in the transcript. All vote outcomes and conditions are based on statements made on the record during deliberations.)