Owner seeks variance after building permit left pool patio inside required double setback

The East Hampton Town Zoning Board of Appeals on May 19 heard an application asking the board to allow a pool patio that sits 11.1 feet from a rear lot line, short of the town’s 20‑foot double setback.

Jameson McWills, the agent for owners Natalie and Brett Bar, told the board the patio and attached pergola were constructed after a building permit was issued in February 2025 based on a December 2024 survey. "They relied on the permits," McWills said, arguing the only practical ways to comply now would be to remove the very expensive covered structure or to physically separate the patio from the pool — both of which he called infeasible.

Planning staff told the board the February 2025 permit may have been issued in error and confirmed the town code requires the 20‑foot double setback for pool decks. A neighbor who said his property abuts the rear yard, Adrien Sanchez, said he was "not opposed" to the variance request but asked that any decision be applied equally to other homeowners: "We should be treated in the same way if this goes through," he said.

Board members asked whether the as‑built patio matches the approved plans and requested supporting documents showing what the building department issued. The hearing was closed and the record received; no final variance decision was made during the May 19 meeting.

What happens next: The board will consider the written record and any supplemental material in a later deliberation or decision. The applicant and planning staff left the public hearing record open for submission of any additional documents the board requests.