Pool Plan Withdrawn

It took more than an hour to appeal an East Hampton Village building inspector's decision denying Alfred Lerner a permit for a swimming pool, but in the end his attorney, Leonard Ackerman, withdrew the application, saying that "Mr. Lerner doesn't want to get into an issue with his neighbors."

Several neighbors who live near Mr. Lerner's 35 West End Road property showed up at an East Hampton Village Zoning Board of Appeals hearing Friday morning to voice support of the building inspector's decision not to grant a Coastal Erosion Hazard Act permit for an in-ground pool, pergola, and patio on a a dune in front of the property.

Joe Scheerer of 15 West End Road, who identified himself as a "relative of the previous owner" of Mr. Lerner's property, recalled his father buying the nearby former Ring Lardner estate in 1946, which had been moved landward after "practically falling into the ocean in 1938."

Neighbors Object

"We shouldn't have any more pools on the beach," Mr. Scheerer said.

Joanne Corelli, whose house is at 41 West End Road, said, "It was kind of scary to see how close the water came up" near her house during last month's northeaster. "It was parallel," she estimated, "to where the pool would be."

The neighbors' comments followed a lengthy presentation by Richard Warren of InterScience Research Associates, an environmental consultant, complete with color aerial photography of the portion of the village's shoreline in question.

From Georgica to Hook Mill Ponds, Mr. Warren pointed out, there are 35 private residential oceanfront lots, of which 25, or 71 percent, have swimming pools. Eighteen of those, he added, "are seaward of the coastal erosion hazard line," which is 240 feet from the road. The Coastal Erosion Hazard Act was adopted in 1988.

Another Location?

The shoreline conditions "are not eroded in this section of the beach," Mr. Warren continued, citing it as a "no flooding" zone according to the Federal Emergency Management Agency, which administers the National Flood Insurance Program.

Irene Tobin, who lives at 29 West End Road, said, however, that two years ago houses in the neighborhood "lost 30 feet of beachfront in one November storm."

Mr. Warren noted that 95 percent of neighborhood pools were in the rear yard. For privacy, he said, "people don't put swimming pools in their front yard."

Johanna Caleca, the village attorney, suggested that the board "consider reasonable alternatives and the extent to which the structure requires a shoreline location."

Wetland Easement

"I think there's ample room to locate elsewhere, and plenty of privacy," said Joan Denny, a board member. "I think it's great that the area is stable, but I'd like to see the stable dune area stay that way."

In other action, the board heard Peter Wolf's plan to give an easement to the village over the 125-foot wetland setback on his Briar Patch Road, Georgica Pond property, where he is renovating a teahouse.

Mr. Wolf's lawn extends to the edge of the wetland. The board agreed that to require Mr. Wolf to return the entire lawn to its natural state was excessive. In lieu of that, he has proposed the easement, which would protect the vegetation, but also would include a 10-foot strip where he could mow but use no fertilizers.

Transitional Zone

"I think this is a valuable tool for the board," said Gene Cross, the village's planning consultant, who negotiated the easement with Christopher Kelley of Twomey, Latham, Shea and Kelley, Mr. Wolf's attorney. It can provide a good "transition between a wetland edge and a lawn."

The board will consider a policy of incorporating a transitional zone into its easements at a future date.

At tomorrow's meeting, the Z.B.A. is expected to grant a freshwater wetlands permit to Martha Stewart for her Georgica Close Road property. It will also consider Edward Barlow's application to build an attached garage with a home office on his Lee Avenue property and an application from Candace Phillips, who lives on a private road off Briar Patch Road, to revegetate a portion of a scenic easement and to clear an area within 125 feet of a wetland.

The board meets at the Emergency Services Building on Cedar Street at 11 a.m.

In other village news, the Village Board will hold a work session at 10 a.m. today at Village Hall and a regular meeting on Friday, Nov. 15, at the Emergency Services Building. The Planning Board will meet next Thursday at 1:30 p.m. at Village Hall.