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Board allows Murphy pool application to proceed administratively with condition on fence placement

East Hampton Zoning Board of Appeals · July 2, 2026
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Summary

The East Hampton Zoning Board accepted an administrative NRSP application for 34 Hopin Avenue (Montauk) to install a pool, patio and hot tub, finding construction and grading set well outside wetland setbacks; the board required a pool fence be kept outside the 100‑foot buffer and noted fence placement must be specified in the record.

The East Hampton Zoning Board of Appeals on July 7 accepted an administrative natural resources special permit application for Murphy at 34 Hopin Avenue in Montauk to construct a 350‑square‑foot pool, a 375‑square‑foot pool patio and a 50‑square‑foot hot tub.

Planner Jake Kushner told the board the wetland on the adjacent parcel lies 51 feet from the nearest property line, the pool itself would be about 109 feet from the wetland and the proposed limit of construction activity would come to about 88 feet from the wetland — well outside the town’s 50‑foot grading setback. "The pool the pool is a 109 feet from the wetland," Kushner said.

Kushner said no dimensional variances were required, noting total lot coverage would remain under the town maximum and that the structures would sit in previously cleared areas. Board members pressed for clarity about the pool fence, which the survey did not show. One member asked for an explicit condition: the fence must remain outside the 100‑foot wetland buffer. Kushner agreed the fence was not shown and the board required that placement be stated in the record.

Member Berger moved to allow the application to proceed administratively; the motion was seconded and the board proceeded without a formal contested hearing. The board recorded the requirement that any pool fence or pool equipment remain outside the 100‑foot wetland buffer and that final fence placement be included in the as‑built documentation.

The board did not record a roll‑call vote in the administrative acceptance; the matter will proceed under staff review with the stated fence condition.