EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

Town Board Meeting of June 6, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on June 6, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Organization

Title

Status

Arrived

John P. Whelan

Town of East Hampton

Chairman

Present

 

Theresa Berger

Town of East Hampton

Board Member

Present

 

Roy Dalene

Town of East Hampton

Board Member

Present

 

Cate Rogers

Town of East Hampton

Board Member

Present

 

David Lys

Town of East Hampton

Board Member

Present

 

Denise Savarese

Town of East Hampton

Secretary

Present

 

Beth Baldwin

Town of East Hampton

Asst. Attorney

Present

 

II.              CANCELLED PUBLIC HEARING:

III.              SCHEDULED PUBLIC HEARINGS:

A.              Gerard Russell

SIZE/LOCATION:20,350 sq. ft., 50 Wireless Road, N/A, East Hampton (300-194-01-29)

DESCRIPTION:              To construct a pool deck within the side yard lot line and rear yard lot line               setback and to allow the existing pool heater to remain within the rear yard lot line setback.

RELIEF SOUGHT: 3 variances from  255-11-10 (Table III) and 255-11-89 of the Town Code.               (1) A 1.4 ft. variance is required to allow a pool deck to be rebuilt 18.6 ft. from northern (rear)               lot line where a 20 ft. setback is required; (2) A 4.5 ft. variance is required to allow a pool deck               to be               rebuilt 15.5 ft. from eastern (side yard) lot line where a 20 ft.  setback is required; (2) A 1.8 ft. variance is required to allow the pool equipment to remain 18.2 ft. from               the northern               (rear) lot line where a 20 ft.  setback is required, and any other relief necessary             

ZONING DISTRICT: B Residence Zone X Flood Zone

SEQRA CLASS:      Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. Affidavid of Service and Posting was in order. Member Dalene conducted a field inspection of the property and reported his findings to the Board.

 

Speakers at Public Hearing

 

Andrew Hammer, attorney for the applicant - gave a brief history and outlined the project to the Board.

 

James Kommer, Planning Department, did not notice the oversight on the survey - made himself available for questions. It appeared clearing had not varied over the years. Can submit an aerial into the record. Updated survey should be submitted.

 

Member Dalene made a motion to close public hearing but leave record open for one week. for an updated survey, aerial photo from Planning Department and for neighbor comment. Vice Chair Rogers seconded. All members were in favor.

 

 

 

 

 

B.              Gary Stephens, Linqin Wang, Siren Wei

TIME:              6:30:00 PM              APPLICANT:              Gary Stephens, Linqin Wang, and Siren Wei

SIZE/LOCATION:              19,720 sq. ft. (total), 49 S. Fairview Ave., Montauk Beach Development               Corp., South               Portion of West Lake Residential Section, Subdivision No. 6, Block 89, Lot 12, map # 1016, Montauk (300-028-03-03)

DESCRIPTION:              To construct an approximately 460 sq. ft. second story deck with new stairs               and landing within the Towns jurisdiction of freshwater wetlands.

RELIEF SOUGHT:              A Natural Resources Special Permit pursuant to 255-4-20 of the East               Hampton Town Code and two variances are required for this application. Variances of               approximately 67 ft. and 65 ft. from  Section 255-4-30 of the Town Code are required to allow the               stairs to be located 33 ft. and second story decking to be located 35 ft. from the freshwater               wetlands to the east where 100 ft. setbacks are required, and any other relief necessary.

ZONING DISTRICT:              B Residence Zone X Flood Zone

SEQRA CLASS:              Type II

 

Chairman Whelan read the Notice of Public hearing into the record. Affidavit of Service and Posting was in order. Member Berger conducted a field inspection of the property and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Chris Behan appeared on behalf of the owner

 

Tyler Borsack, Planning Department

 

Member Berger made a motion to close the Public hearing and record. Member Dalene seconded. All members were in favor.

C.              15 Wainscott Hollow Road LLC

TIME:              7:10:00 PM              APPLICANT:              15 Wainscott Hollow Road, LLC

SIZE/LOCATION:              70,808 sq. ft., 15 Wainscott Hollow Road, Wainscott Farm, lot no. 10, map               no. 8072, Wainscott (300-196-01-8.10)

DESCRIPTION:              To construct an approximately 5,775 sq. ft. tennis court within side and rear yard               lot line setbacks.

RELIEF SOUGHT: Two variances of 14 ft. and 10 ft. from  Section 255-11-10 of the Town Code are required to construct the proposed tennis court 36 ft. and 40 ft. from               the               southern side yard and eastern rear yard lot lines, respectively, where 50 ft.  setbacks are               required, and any other  relief necessary.

ZONING DISTRICT:              A2 Residence Zone X Flood Zone

SEQRA CLASS:              Type II

 

Chairman Whelan read the Notice of Public hearing into the record. The Affidavit of Service and Posting was in order. Chairman Whelan conducted a field inspection and reported his findings to the Board.

 

Speakers at Public Hearing:

 

Jeffrey Bragman, appearing on behalf of neighbors, asked for ten days to make a submission to the Board  since he was ill and unable to give the Board a presentation.

 

John Tarbet, attorney appeared on behalf of the applicant - and noted that he would like to have ten days to respond to Mr. Bragman's comments. Would like both Public Hearings to be merged. Went on to give a presentation to the Board regarding the project.

 

Tyler Borsack, Planning Department, gave a brief history of the property, gave analysis and made recommendations to the Board.

 

Kenneth Grant, applicant, addressed the Board and gave the history of the property and presented to the Board how this alternative plan

 

Chairman Whelan made a motion to close the public hearing leave the record open for ten days for a response from  Mr. Bragman for 10 days (June 16) an additional 10 days for Mr. Tarbet to respond to Mr. Bragman (June 26th) Merge David Eagan letter from prior hearing into the file, Counsel will look into easements -

D.              80 Firestone Road LLC

SIZE/LOCATION:              48,478 sq. ft. (total), 80 Firestone Road, N/A, Montauk (300-017-01-05)

DESCRIPTION:              Not applicable.

RELIEF SOUGHT:              An Appeal of the Principal Building Inspector pursuant to 255-8-35A              (1) of the Town Code. Appellants seek to challenge the determination dated August 5, 2016 finding that protected natural features on the property have been accurately identified on June 29, 2016 by the Planning Director.

ZONING DISTRICT: RS- Resort VE velocity flood zone, el 12'; X flood zone

SEQRA CLASS: Type II

 

Chairman Whelan recused himself. Vice Chair Rogers read the Notice into the record. Affidavit of Service and Posting was in order.

 

Speakers at the Public Hearing

 

Michael J. Walsh, appeared on behalf of the applicant

 

Brian Frank, Planning Department

 

Joel Halsey, addressed the top of the slope and the bluff crest              

 

Andy Hammer, attorney, appearing on behalf of the applicant

 

Vice Chair Rogers made a motion to close the Public Hearing but leave the record open for Title Search Firestone Road, complete surveys show the revised times , Brian Frank to submit Building History 74 Firestone, and transcript from first hearing. Member Lys seconded. All members were in favor. August 1st can be a Continuation of the hearing.

 

 

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              108 Runnymeade LLC

SCTM# 300-23-4-7

 

Chairman Whelan is recusing himself

 

108 Runnymede Drive, Springs - Original Permit Date - May 7th 2014 - for the purposes of obtaining a Certificate of Occupancy - Board approved removing the existing residence, swimming pool and associated structures and to construct a 3,496 sq. ft. residence, 1,392 sq. ft. patio, 872 sq. ft. second story decking, 650 sq. ft. swimming pool, pervious driveway and sanitary system within the Town's jurisdiction of tidal wetlands and bluff crest. Chairman Rogers made a motion to approve the Extension of Time. Member Dalene seconded. All members were in favor.

 

108 Runnymeade Drive, Springs - Original Permit Date - October 8th 2015 - for the purposes of obtaining a Certificate of Occupancy - Board approved reconstruction of existing coastal staircase and bluff restoration consisting of clean sand fill and coir logs with revegetation on a parcel of land containing coastal bluffs and adjacent to tidal wetlands. Chairman Rogers made a motion to approve the Extension of Time. Member Dalene seconded. All members were in favor.

 

108 Runnymeade Drive, Springs - Original Permit Date - March 14th 2014 - Board approved the in-place construction of approximately 100 linear feet of timber bulkhead and the existing coastal staircase on a parcel of land containing coastal bluffs and adjacent to wetlands. Chairman Rogers made a motion to approve Extension of Time Member Dalene seconded. All members were in favor.

B.              Edward Sander Connelly Jr.

SCTM# 300-24-1-40 - Extension of Time

 

213 Kings Point Road, East Hampton - Original Permit Date September 6th 2013 - for the purposes of obtaining a Building Permit and Certificate of Occupancy - Board approved the in-place construction of 99 linear ft. of bulkhead and 18 ft. of return on the western side of a parcel of land containing coastal bluffs beaches and tideal wetlands. Vice Chair Rogers made a motion to approve the Extension of Time. Member Dalene seconded. All members were in favor.

C.              Betty Sullivan

SCTM# 300-41-2-7.1

 

93 Gerard Drive, East Hampton - Extension of Time request for the purposes of obtaining a Certificate of Occupancy - Applicant has submitted an as built survey requested by the Zoning Board. Original Permit Date August 27th 1996 - The Board approved construction of a 554 sq. ft. one-story single family house addition and a 554 sq. ft. deck addition, and upgrade of the septic system.  Vice Chair Rogers made a motion to approve the Extension of Time. Member Dalene seconded. All members were in favor.

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Eastman

SCTM# 300-85-1-42.1

 

252 Shore Road, Amagansett - Project description is to raise approximately 248 sq. ft. of roof 11 inches on the existing house on a parcel of land with beaches and wetlands.

 

Member Lys made a motion to approve the application going Administratively. Member Berger seconded. All members were in favor.

B.              Fuller

SCTM# 300-27-3-4

 

45 Industrial Road, Montauk - Project description is to replace a portion of the existing roof in place in kind within 150 ft.  of wetlands.

 

Member Berger made a motion to approve the application going Administratively. Member Lys seconded. All members were in favor.

VII.              BOARD DETERMINATIONS:

A.              Bruun, Elena Lesser

SCTM# 300-103-5-28.1

 

47 Waters Edge, Springs - Memo from Lisa D'Andrea re Modification Request - Vice Chair Rogers made a motion to approve the Modification. Member Dalene seconded. All members were in favor.

 

B.              Sean MacPherson

SCTM# 300-32-7-31

 

15 Miller Avenue, Montauk - Letter from Britton Bistrian

 

Tabled

 

C.              Carilli

SCTM# 300-29-1-18.8

 

26 North Surfside Avenue, Montauk - Memo from Brian Frank regarding Extension of Time request

 

Board was in agreement with Brian Frank's memorandum - Denise Savarese will prepare an Extension of Time for the June 13th 2017 work session

 

 

 

VIII.              BOARD DECISIONS:

A.              Alan Kazlow

SCTM# 300-175-3-16

 

29 Beach Lane, Amagansett - Relief sought is five variances and a Natural Resources Special Permit pursuant to Section 255-4-20 of the Town Code and 255-11-10 to allow an existing approximately 223 square foot Screened porch addition and an approximately 290 square foot deck addition to remain within side yard lot line setbacks and freshwater wetland setbacks.

 

Tabled till June 13th 2017 Work Session

B.              Cynthia Rowley

SCTM# 300-32-4-20

 

69 Seaside Avenue, Montauk - Relief sought is to demolish an existing one story residence and sanitary system and construct a new 1,375 sq. ft. two story residence with 1st and 2nd floor decking and new sanitary system on a parcel of land containing freshwater wetlands.

 

Tabled till June 13th 2017 Work Session

C.              Easevoli

SCTM# 300-106-1-21

 

8 Bay View Avenue, Amagansett - Relief sought is a modification of the Board?s determination filed December 15th 1971. To delete the condition of the Board?s 1971 determination requiring an accessory structure containing a bedroom and bathroom to not contain a kitchen.

 

Tabled till June 13th 2017 Work Session

D.              Herrmann

SCTM# 300-32-7-6

 

Natural Resources Special Permit (NRSP) pursuant to  Section 255-4-20, three variances from  Section 255-3-30 (wetland setbacks), and a variance from ?255-11-72D of the Town Code. A 3.5 ft. and a 38.1 ft. variances are required respectively to construct the decks and retaining wall 96.5 and 61.9 ft. from the wetland where a minimum 100 ft. setback is required. A 59.4 variance is required to install the sanitary system 90.6 ft. from the wetlands where a 150 ft. minimum setback is required. A 4 ft. 6 in pyramid variance is requested.

 

Tabled till June 13th 2017 Work Session

E.              John Hall & Anne Gilchrist Hall

SCTM# 300-200-300-3-22 & 300-201-1-5

 

29 Association Road & 7 Piersons Way - An Appeal of the Principal Building Inspector pursuant to Section 255-8-35A (1) of the Town Code. Appellants seek to challenge the Determination dated October 20th 2015 finding that the two properties are not merged and remain two single and separate lots.

 

Tabled till June 13th 2017 Work Session

F.              Gary Stephens, Linqin Wang, and Siren Wei

SCTM# 300-28-3-3 - 49 S. Fairview Avenue, Montauk - Public Hearing June 6th 2017

 

DESCRIPTION:              To construct an approximately 460 sq. ft. second story deck with new stairs and landing within the Towns jurisdiction of freshwater wetlands. RELIEF SOUGHT: A Natural Resources Special Permit pursuant to 255-4-20 of the East Hampton Town Code and two variances are required for this application. Variances of approximately 67 ft. and 65 ft. from  Section 255-4-30 of the Town Code are required to allow the stairs to be located 33 ft. and second story decking to be located 35 ft. from the freshwater wetlands to the east where 100 ft. setbacks are required, and any other relief necessary. ZONING DISTRICT: B Residence Zone X Flood Zone SEQRA CLASS: Type II

IX.              MINUTES APPROVAL:

A.              Minutes of May 23rd 2017

Member Lys made a motion to approve Minutes of May 23rd 2017. Member Dalene seconded All members were in favor.

X.              RESOLUTIONS

A.              William Shea

Member Lys made a motion to approve the Determination. Member Berger seconded. All members were in favor.

 

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

             

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

WILLIAM SHEA &

WILLIAM SHEA 2013 TRUST

SCTM # 300-175-3-15

_____________________________________

HEARING DATE: April 25, 2017

                                

PRESENT:              JOHN P. WHELAN, Chair

DAVID LYS, Member

                                          ROY DALENE, Member

                                          THERESA BERGER, Member

                                         

ALSO PRESENT:              HOPE DeLAUTER, ESQ. Counsel to the Board

                                          DENISE SAVARESE, Legislative Secretary

                                          TYLER BORSACK, Planning Department

                                          MADELINE VenJohn, ESQ., Attorney for Applicant

                                                                                   

                            FINDINGS OF FACT AND DETERMINATION OF THE BOARD

 

              The findings of fact and determination made herein are based upon the application, the evidence received at the public hearing before the Board, all documents contained in the Board's files and which were received prior to the close of the hearing, and the inspection and field report made by Member Lys of this of this Board.

 

A.              PROJECT DESCRIPTION:

 

1.              PURPOSE OF APPLICATION:  To raise an existing single story residence with new foundation to meet FEMA first floor elevations outside of the Towns pyramid regulations and within the Towns jurisdiction of freshwater wetlands.

 

2.              RELIEF OR APPROVAL SOUGHT:  A Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code and four variances are required for this application. Variances of approximately 9? and 11? from ?255-11-72D of the Town Code are required to allow the residence to be outside of the Towns pyramid regulations by approximately 9? along the northern property line and approximately 11? along the southern property line. Two variances of 42? and 31? are required to allow the decking and residence to be located 58? and 69? from freshwater wetlands where 100? setbacks are required, and any other relief necessary. 

3.             

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE:  6,103 sq. ft. (total) 

2.              STREET LOCATION: 33 Beach Avenue

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Amagansett

5.              FILED MAP NAME:  Beach Hampton, Section 3

6.              FILED MAP NUMBER: 1287

7.              DATE OF MAP FILING: June 28, 1939

8.              BLOCK NUMBER IN FILED MAP: 20

9.              LOT NUMBER IN FILED MAP: 19 & 20

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:  #300-175-3-15

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: B Residence

2.              ZONING OVERLAY DISTRICT: N/A

 

D.              SEQRA DETERMINATION

 

1.              SEQRA CLASSIFICATION:  Type II

2.              LEAD AGENCY:  N/A

3.              DETERMINATION OF SIGNIFICANCE:  N/A   

4.              DATE OF DETERMINATION:  N/A

 

E.              STANDARDS FOR BOARD REVIEW

 

1.              In order to be eligible for issuance of the requested Natural Resources Special Permit, applicant must show that the proposed action is compatible with the purposes of ?? 255-1-11 and 255-4-10 of the East Hampton Town Code and satisfies the criteria set forth in ?? 255-5-40 and 255-5-51 (Natural Resources Special Permit) of the Town Code.

 

2.              In order for this Board to grant applicant the requested area variance, applicant must demonstrate that the requirements of Town Law ? 267-b 3 have been met. The Board is to ?take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grant of an area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.?  The Town Law also directs the Board, in granting area variances, to ?grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.?

 

3.              The standards set forth in Town Code ? 255-8-50 (D) paraphrase the requirements language of Town Law ? 267-b 3:

 

a)              the benefit to applicant from grant of the requested variance outweighs any detriment which grant of the variance will cause to the general health, safety, and welfare of the neighborhood or the Town as a whole; and

 

b)              the variances sought are the minimum variance necessary and adequate to alleviate the difficulty causing applicant to request an area variance, while at the same time preserving and protecting the character of the neighborhood and the general health, safety, and welfare of the Town as a whole.

 

4.              The Board finds that grant of the instant application will be consistent with the requirements of both Town Law ? 267-b and Town Code ? 255-8-50.

 

F.              ADDITIONAL FINDINGS AND CONCLUSIONS

 

1.              The property is currently improved with a one story residence with attached decking and outdoor shower. The most recent certificate of occupancy was issued 02/04/2015 for a ?one story, frame, one family residence having one kitchen only with a total of two (2) bedrooms only, wood decking and outside shower, all erected before the adoption of zoning?. The property submitted an application in 2015 which has not been pursued any further and should be deemed withdrawn with this application. The property is located on the south side of Shore Road, in Amagansett.

 

2.              The applicant is before the Board for approval to raise the existing one story residence with a new foundation in order to meet FEMA first floor requirements within jurisdiction of freshwater wetlands and outside of the Town?s pyramid regulations.  The property received a building permit in July of 2016 for interior and exterior alterations but later received a stop work order when work on a new foundation had started.

 

3.              The wetlands within jurisdiction of the property consist of substantial cranberry marsh with very diverse plant populations including extensive areas of obligate wetland species, saturated soil conditions and areas of standing water that appear to persist throughout much of the growing season. These wetlands can be expected to provide all of the benefits typically associated with high quality freshwater wetlands including the provision of high quality habitat for wetland dependent species of plants and wildlife, nesting, forage and cover for resident and migratory wildlife species, the retention and attenuation of floodwaters prior to surface and groundwater recharge, aesthetic values and opportunities for scientific research and education.

 

4.              The proposed project is a minor change on the property and should have minimal impacts on the surrounding wetlands during construction. The biggest impact will be the increase in the pyramid variance. The residence will be exceeding the pyramid line by an additional 2? from the existing conditions which is an existing 7? increasing to 9? on the north side and an existing 9? increasing to 11? on the south side. The property is very nonconforming to several requirements of a B Residence zoning district including lot size, 6,103 sq. ft. where 20,000 sq. ft. is the minimum, and lot width, approximately 40? where 110? is the minimum. The nonconforming lot width does allow for some relief utilizing the four-tenths rule in ?255-1-43D of the Town Code. The required side yard setbacks utilizing the four-tenths rule on this property would be 6.4?.

 

5.              Additionally, the residence was constructed with the pitch of the roof facing the front and rear property lines, which is the opposite of what would be expected with a redevelopment of the property. In order to minimize the extent that the residence breaks pyramid line, the roof would normally be pitched towards those property lines affected by the pyramid line. The preexisting nonconforming conditions on this property clearly result in limited and constrained development possibilities that the Board should be aware of when making a decision.

 

6.              The Board finds that granting the requested variances will not cause an undesirable change to the character of the neighborhood or create a detriment to nearby properties. Applicant is seeking to construct a new foundation under an existing residence with decking and raise it to meet FEMA. The house will remain the same size after construction and therefore no impacts to the neighborhood are anticipated. While raising the house will cause the applicant?s residence to violate pyramid, the adjacent neighbors both expressed support for the application.

 

7.              The Board finds that the benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than the requested area variances. The house currently exists on the property and the only way to have the house meet the FEMA regulations is to raise the structure.

 

8.              The Board finds that although the requested variances may be considered substantial, they are the minimum variances necessary and adequate to alleviate the difficulty causing the applicant to request the area variances.  Due to the constraints of the lot, in order to meet the FEMA regulations, the requested pyramid variances are necessary. Moreover, as existing residence and decking will remain the exact same size after construction and no further impacts to the wetlands are expected.

 

9.              The Board finds that granting the requested variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood.  Raising the existing residence to meet FEMA requirements will have a positive effect to the conditions in the neighborhood.

 

10.              The Board finds that the need for the variances is not self-created. In order for applicant to comply with FEMA, the existing residence requires the requested variances.  

 

11.              The Zoning Board finds the nature of the proposed use will be in harmony with and will promote the general purposes of the Town of East Hampton Zoning Law as described by ? 255-1-11 of the Town Code. 

 

12.              The Board finds the lot area to be sufficient, appropriate and adequate for the proposed improvements. Applicant is proposing to raise an existing residence and deck to meet FEMA.

 

13.              The Board finds that the proposed use will not prevent the orderly and reasonable use of adjacent properties as no impact to adjacent properties is anticipated from the construction of the proposed project.

 

14.              The Board finds that the characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption to important natural features. 

 

15.              The Board finds that the benefit to the applicant from grant of the requested variances outweighs any detriment which grant of the variances will cause to the general health, safety and welfare of the neighborhood and the Town as a whole.

 

G.              DISPOSITION OF APPLICATION

 

              For the reasons set forth herein, the Board makes the following determination with respect to the application:

 

1.              RELIEF OR APPROVAL GRANTED: A Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code and four variances are granted for this application. Variances of approximately 9? and 11? from ?255-11-72D of the Town Code are granted to allow the residence to be outside of the Town?s pyramid regulations by approximately 9? along the northern property line and approximately 11? along the southern property line. Two variances of 42? and 31? are required to allow the decking and residence to be located 58? and 69? from freshwater wetlands where 100? setbacks are required, and any other relief necessary. 

 

2.              DESCRIPTION OF WORK APPROVED:  To raise an existing single story residence with new foundation to meet FEMA first floor elevations outside of the Towns pyramid regulations and within the Towns jurisdiction of freshwater wetlands.

 

H.              CONDITIONS OF APPROVAL

 

              Grant of the specified variances is specifically conditioned upon compliance with the conditions set forth in this section of the determination.  All improvements shall be made, built, or installed in accordance with the survey and plans described below.

 

1.              APPROVED SURVEY:  Prepared by Gary Benz, L.S., survey, dated last revised October 21, 2016, and stamped received by the Zoning Board on November 8, 2016.     

 

2.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

 

a.              Project limiting fencing shall be erected to limit land disturbance in the location depicted on the Planning Departments sketch dated 02/22/17 prior to the commencement and for the duration of construction activities.

 

b.              The Board, or their delegate, prior to the issuance of a building permit, shall inspect the project limiting fencing and straw bales for adequacy.

 

c.              The residence shall be furnished with gutters and leaders to direct stormwater from roofs into one or more catchment basins. Said catchment basin or basins should have a combined volume (in cubic feet) equal to the surface area of the roof (in square feet), divided by six. Said catchment basin should be made available for inspection by the building inspector prior to backfill.

 

d.              All structures shall be situated at least 2? above the seasonal high groundwater table.

 

e.              Applicant shall apply for and obtain a Building Permit no more than thirty-six (36) months from the date of filing this determination.

 

f.              Applicant shall apply for and obtain a Certificate of Occupancy no more than eighteen (18) months from the date of issuance of a building permit.

 

g.              A copy of the Natural Resources Special Permit, the approved survey, and the approved building plans shall be available on the parcel at all times.

 

 

I.              VALIDITY OF APPROVAL

 

If any condition of this determination is not met, or is not met within the prescribed time period, all approvals, permits, or authorizations granted hereby shall be deemed void and of no effect.

 

ALL CONCUR

 

              JOHN WHELAN, chair

              CATE ROGERS, Vice-Chair

              DAVID LYS, Member

              ROY DALENE, Member

              THERESA BERGER, Member

 

cc:                Building Department

              Planning Department

              Madeline VenJohn, Esq. Tarbet & Lester, PLLC

 

Member Lys made a motion to approve the Determination of Shea. Member Berger seconded. All members were in favor.Member Lys made a motion to approve the Determination of Shea. Member Berger seconded. All members were in favor.