“How did this happen? How, in this day and age, could anyone think they could demolish and build a residence without permits?”
That’s how a public hearing for 315 Gerard Drive began at the East Hampton Town Zoning Board of Appeals last week, as the board’s vice chairwoman, Denise Savarese, gave Eric Brown, the attorney representing MV Realty Group, a tongue lashing.
The owners had begun demolishing and reconstructing the house without approvals. Although the footprint was to remain the same, they hoped to expand it slightly by adding dormers.
Gerard Drive is one of the most environmentally sensitive residential areas in East Hampton Town. Because of its proximity to wetlands and the beach, the project requires a natural resources special permit and multiple variances.
“Denise, in answer to your question, I don’t have an explanation for you,” Mr. Brown admitted. “It was a screw-up and shouldn’t have happened. I don’t know what we can do except try to go forward.”
They are asking for forgiveness.
It’s a bit of an odd case.
Apparently, water pipes froze and burst, causing a flood at the house sometime in the winter of 2023. By October of that year, with the help of insurance reimbursements, demolition had begun with no permits or building plans in place. Subsequently, the town issued a stop-work order.
“How far did we get in terms of demolition?” Ms. Savarese asked.
“I think to describe it as not very far,” Mr. Brown said.
“It’s been gutted fully,” said Shannen McCaffrey, a principal planner with Due East Planning, clarifying the record.
“Once we were hired, we did reach out to the town, the Planning Department, and Code Enforcement about the property,” she said.
Adding to the controversy, the house is currently being aggressively marketed across all online real estate platforms for just under $4.5 million, with the price jumping $800,000 two weeks before the Z.B.A. hearing.
“East Hampton without the crowds. Where the beach is widest, on the coveted south end of Gerard Drive, this secluded private flag lot is your opportunity to own one of the largest, most prized spots in East Hampton,” reads the real estate ad on Zillow.
“The raised FEMA-compliant structure offers waterfront wellbeing and provides amazing views in every direction. Plans are in place to finish the existing three-bedroom, two-bathroom, A-frame; or take this opportunity to expand the space and let your imagination run wild.”
That’s not the story the Z.B.A. was told.
Roy Dalene, the board’s chairman, and Jaine Mehring, a board member, questioned the timeline and narrative.
“The building plans were developed after they started work?” asked Mr. Dalene, noting that the plans were stamped December 2023, while the stop-work order had been issued in October.
“I believe they didn’t hire the architect because, when insurance happens, they were just bringing down what was existing,” Ms. McCaffrey said.
“Was the original plan to just demolish the house completely and resell the lot?” Ms. Mehring asked.
“No, they always wanted to rebuild the house,” said Ms. McCaffrey. “I have to say, I think they have gotten a bit discouraged during this whole process and that’s why it has been marketed. I believe once they get the permits, they want to keep it. I believe it’s going to be for their son.”
MV Realty is offering a good amount of mitigation with the project. A new I/A septic system, stormwater runoff drainage, improved energy efficiency, a scenic easement, and Federal Emergency Management Agency compliance, all while not increasing the footprint of the house.
“Despite the inauspicious beginning of the application, the Planning Department doesn’t have an objection to the scale of what’s proposed in the application,” said Brian Frank, the assistant planning director.
The public hearing was closed without outside comment.
In other Z.B.A. business, the board unanimously approved a natural resources special permit for a nearly 50-percent expansion of a 1940s-era fisherman’s shack at 54 Firestone Road in Montauk. The project will add 448 square feet to the existing 889-square-foot house, provided new decking and a patio are not enclosed.
