EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

Town Board Meeting of September 26, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on September 26, 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:

A.              Alison and Neal Schwartz

              TIME:              6:30:00 PM              APPLICANT:              Alison and Neal Schwartz

              SIZE/LOCATION:              109,527 sq. ft., 1 Pheasant Woods Lane, Pine Ridge, Section 2, lot 1, map # 8316, East

              Hampton (300-135-4-6.1)

              DESCRIPTION:              To allow the property to remain beyond the clearing limits established in the Water

              Recharge Overlay District.

              RELIEF SOUGHT:              One variance of 20,459 sq. ft. from ?255-3-65 of the Town Code is require to allow the

              existing clearing to remain at 44,150 sq. ft. where 23,691 sq. ft. is the maximum allowed.

              ZONING DISTRICT:              B Residence Zone X Flood Zone

              SEQRA CLASS:              Type I

 

Public Hearing was adjourned at the request of the applicant's attorney.

III.              SCHEDULED PUBLIC HEARINGS:

A.              Robert DeNiro

              TIME:              6:50:00 PM              APPLICANT:              Robert DeNiro

              SIZE/LOCATION: 61,478 sq. ft.  (total), 242 Old Montauk Highway, Montauk (300-087-03-              06)

              DESCRIPTION:              To demolish an existing residence and construct a new 2,554 sq. ft. two-story

              residence with basement, 740 sq. ft. of decking and a sanitary system on a parcel of

              land containing coastal bluffs and beaches.

              RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to  255-4-20               variances               from 255-4-40C (Coastal setbacks) of the Town Code and any other relief necessary. 

              Variances of 70 and 75 are required to construct the residence and decking 55? &

              49.6 respectively from the bluff toe where a 125 setback is required.  The sanitary

              system has been proposed more than 200 from wetlands.

              ZONING DISTRICT: A Residence Zone X Flood Zone, Velocity (VE) Flood Zone, el. 18'

              SEQRA CLASS:              Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavit of Posting was in order. Member Berger conducted a field inspection and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Richard Whalen, Attorney, appeared on behalf of the applicant

Pamela Glazer - Architect 242 Old Montauk Highway

Blair Viddee- Builder

Brian Frank, Planning Department

 

Member Berger made a motion to leave the record open for one week for the purposes of submitting a construction protocol. Member Lys seconded. All members were in favor.

 

 

 

 

 

 

 

 

i.              Technical Analysis Memorandum

Technical Analysis Memorandum

              Lead Agency:              (not applicable)

              Planner:              Brian Frank

              Date completed:              6/22/2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              242 Old Montauk Highway              Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              A Residence              Zone Change

              Overlay District:              Coastal Erosion Overlay District               Variance: XX

              Zone 1

              Tax Map Number: 300-087-03-06              Natural Resources

              Applicant:              Robert DeNiro              Special Permit: XX

              C/o Land Marks              Other:

              PO Box 2820

              Amagansett, NY  11930

              Telephone:              (631) 324-8716

              FEMA ZONE:              Zone X Flood Zone, Velocity (VE) Flood Zone, el. 18'

              Soil Type:              Escarpments (Es), Montauk loamy sand, sandy variant, 15 to 35 % slopes (MnE) & Beaches (Bc)

              Map of Property:

              Size of Parcel:              61,478 sq. ft.  (total)

              Project Description:

To demolish an existing residence and construct a new 2,554 sq. ft. two-story residence with basement, 740 sq. ft. of decking and a sanitary system on a parcel of land containing coastal bluffs and beaches.

 

              Relief:

A Natural Resources Special Permit (NRSP) pursuant to ? 255-4-20 variances from ? 255-4-40C (Coastal setbacks) of the Town Code and any other relief necessary.  Variances of 70? and 75? are required to construct the residence and decking 55? & 49.6? respectively from the bluff toe where a 125? setback is required.  The sanitary system has been proposed more than 200? from wetlands.

             

              Property Conditions and History:

The subject premises are improved with a residence and detached 735 sq. ft. garage originally constructed prior to the adoption of zoning.  A swimming pool was added to the property pursuant to a 1969 building permit and the most recent Certificate of Occupancy (CO) for the improvements on the property was issued in 1975.   The existing residence is has a footprint of 1,920 sq. ft. and is one story on the northern (street) side and two stories as the grade drops to the south (waterfront) side of the property.  Based upon calculations from the architect, the existing residence comprises 2,983 sq. ft. with approximately 705 sq. ft. of the lowest floor comprises crawl space that is usually excluded from gross floor area as defined in the Town Code.   The swimming pool is proposed to remain and its surrounding concrete patio is proposed to be resurfaced.  The survey depicting the existing and proposed conditions was prepared by George Walbridge Surveyors, PC dated revised 3/15/17.  The corresponding floor and elevation plans were prepared by Pamela Glazer, Architect (9 pgs) dated 3/17/16.  The application also includes a site plan for the proposed sanitary system and associated retaining walls prepared by S.L. Maresca Associates dated revised 11/09/16.  The application appears to require a permit from the New York State Department of Environmental Conservation (NYSDEC) for the portions of the construction that are proposed adjacent or seaward of the State designated Coastal Erosion Hazard Area (CEHA) boundary. 

 

Planning Department Analysis and Recommendations for the Board?s Consideration:

The property is located along the oceanfront within the ?Hither Hills? section of Montauk.  This area is the only location in Town where coastal setbacks and lot area are measured from the base or ?toe? of the bluff instead of the crest of the bluff (or barrier dune).   The property can be described as a ?flag? shaped lot and is one of the most southerly located improved properties in the area.  Although the 20? wide flagstrip in the western portion of the property provides street frontage to Old Montauk Highway, the residence obtains its physical access from a serpentine driveway that spans two separate properties on the east side of the lot.   The existing sanitary system is located to the west of the swimming pool and is proposed to be abandoned as per Suffolk County Department of Health Services (SCDHS) requirements.  A water supply well on the north side of the residence is proposed to be abandoned and public water is proposed to service the new residence. 

 

The unique setback and NRSP jurisdictional parameters within this area are attributed in ? 255-4-40C to the presence of a ?steep and predominantly vegetated bluff rising immediately from the base of the ocean beach.?  Undisturbed land within this section of shoreline is frequently very steeply sloped and the bluff face often has an indistinct crest located close to or beyond the northern lot boundary.  NRSP review by the Zoning Board over the years has generally sought to locate improvements landward of the bluff crest where possible and to retain the natural bluff contours and vegetation to the extent practical.   Remnants of the undisturbed slopes on the property remain to the east and north of the house where the elevations increase from 40? above sea level near the top of the driveway retaining wall to about 70? parallel to the northern lot line.    The elevations continue to ascend north of the property to elevations averaging 105? above sea level adjacent to Old Montauk Highway.  Barrier dunes located seaward of the coastal bluff crest along this section of shoreline tend to be ephemeral, low elevation primary dunes that become reduced in size or eliminated in conjunction with severe storms.   

 

The application proposes to reconstruct a new residence in the same general footprint as the existing residence.  The general Special Permit and specific NRSP standards of the Town Code encourage non-conforming structures to be reconstructed in more conforming, if not wholly conformations location on a property.  In this application, the Board needs to determine the extent that the flag shape configuration of the property, the undisturbed slopes in the northern portion of the property and the unusual driveway access contributes to the eligibility of variances from coastal setbacks for a new residence.   Structures on the property that are proposed to remain are indicated in orange outlined ink on the survey and include the retaining walls around on either side of the driveway, retaining walls on the south side of the residence and the swimming pool.     The Board should take note of the location of the Velocity Flood Zone and the location of the CEHA boundary. Opportunities to improve coastal setbacks should be fully explored by the applicant and the Board should closely examine new structures proposed south of the existing residence. It should be noted that 24? of new foundation wall appears to be proposed roughly 3? south of the existing residence and the viability of a residence that extends further east or west should be evaluated as an alternative to maximize bluff toe setbacks.  Reconstructing the swimming pool closer to residence would increase coastal setbacks and the applicant should explain why the pool and the two tiers of retaining walls south of the residence are proposed to remain.

 

Excluding the proposed basement, the new residence is proposed to have a lesser square footage (2,554 sq. ft.) than the existing structure (2,983 sq. ft.) although 705 sq. ft. of the existing structure consists of crawl space.  The floor of the basement is proposed at an elevation of 32? above sea level and it appears that the basement of the new residence will be constructed at the elevation of the lowest floor of the existing residence.  No changes have been proposed to the detached garage and the new residence is proposed reduce building coverage by 187 sq. feet.  A concrete ramp on the west side of the property is proposed to be removed and replaced with bluestone steps set in grade.  The proposed water supply line will be presumably be installed by underground directional drilling.  Considering the amount of demolition, new construction and the access constraints of the property, the Board should evaluate if a demolition or construction protocol is appropriate.   The use of the beach for construction access to the site has not been proposed in the application and this limitation should be confirmed prior to or at the public hearing for the application.   Other mitigation measures, typically required for construction in coastal areas, are included below.

 

             

              Summary of Mitigation:

a.                            Project limiting fencing consisting of 4? plastic safety or snow fence shall be erected concurrent with the clearing boundary approved by the Board to limit the clearing of vegetation and land disturbance.  The fencing shall be maintained for the duration of construction activities and replaced as necessary when damaged, dislodged, deteriorated or upon request of the Building Department or a delegate of the Zoning Board of Appeals. 

b.              Sediment control fencing consisting of staked straw bales or silt mesh fencing shall be erected along the southern limits of approved construction activities to contain unconsolidated sediments. The fencing shall be installed and maintained in accordance with the New York State Standards and Specifications for Erosion and Sediment Control manual prior to the commencement and for the duration of construction activities.  The fencing shall be repaired or replaced as necessary to maintain proper function. 

c.              Prior to the issuance of a building permit, the Board, or their delegate, shall inspect the project limiting fencing for proper installation.

d.              The clearing of vegetation and the filling, grading or recontouring of the property shall be strictly limited to the boundaries established by the Board and any proposed grading depicted on the approved survey or site plan.

e.              The sanitary system should be relocated to the specifications indicated on the approved engineering site plan under the direction of the Suffolk County Department of Health Services.

f.              A revegetation plan that indicates the locations, species, size and spacing shall be submitted to the Board for approval prior to the issuance of a building permit. The plan shall be implemented and inspected by the Board or their delegate prior to the issuance of a Certificate of Occupancy.

g.              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.

h.              All structures should be situated at least 2? above the seasonal high groundwater table.

 

i.              The driveway composition and any drainage structures should be reviewed and approved by the Town Engineer prior to the issuance of a building permit.  The completed driveway and drainage structures should be inspected by the Town Engineer prior to the issuance of a Certificate of Occupancy.

 

j.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the provisions of the appropriate paragraphs of this determination in standard form acceptable to and approved by Counsel to this Board.  The said declaration shall provide for its modification or termination only upon the approval of the East Hampton Town Zoning Board of Appeals, after a public hearing held on ten (10) days? notice.  Said declaration, after approval by counsel, shall be recorded at the Office of the Suffolk County Clerk. 

k.              A permit or statement of non-jurisdiction should be obtained from the New York State Department of Environmental Conservation (NYSDEC) prior to the issuance of a building permit for this project. 

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

B.              Michael Hoeh

              TIME:              7:10:00 PM              APPLICANT:              Michael Hoeh

              SIZE/LOCATION:              20,924 sq. ft. (total), 26 Bay Inlet Road, Lion Head Beach; # 3451; lot 51,               Springs (300-              023-01-23)

              DESCRIPTION:              To demolish an existing one story residence and construct a new 3,408 sq. ft. two-

              story residence, swimming pool with decking and patio, sanitary system and driveway

              on a parcel of land containing wetlands and surface waters.

              RELIEF SOUGHT:              A Natural Resources Special Permit (NRSP) pursuant to  255-4-20 and               variances from

              255-4-30 and  255-11-10 (Table of Dimensional Regulations) of the Town Code and

              any other relief necessary.  The following variances are required: (1) & (2) Variances of

              24 & 35 are required to allow the residence and decking to be constructed 76 & 65

              from wetlands where a 100 setback is required & (3) a 4 variance is required to install

              the sanitary system 146 from wetlands where a 150 setback is required.

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavits of Service and Posting were in order. Vice Chair Rogers conducted a field inspection and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Richard A. Hammer, Attorney appearing on behalf of the applicant

Joel Halsey, appearing on behalf of the applicant

Sean Webb Architect appearing on behalf of the applicant

Brian Frank, Planning Department

 

Vice Chair Rogers made a motion to close the Public Hearing and record. Member Dalene seconded. All members were in favor.

 

 

 

i.              Technical Analysis Memorandum

Technical Analysis Memorandum

 

              Lead Agency:              (not applicable)

              Planner:              Brian Frank

              Date completed:              3/10/2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              26 Bay Inlet Road              Subdivision

              School District:              Springs              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:                  Variance: XX

              Tax Map Number: 300-023-01-23              Natural Resources

              Applicant:              Michael Hoeh              Special Permit: XX

              C/o Joel Halsey              Other:

              PO Box 5030

              Montauk, NY  11954

              Telephone:              (631) 668-7332

              FEMA ZONE:              AE Flood Zone, elevation 8' & X Flood

              Zone

              Soil Type:              Montauk loamy sand, sandy variant, 3 to 8 % slopes (MnB)

              Map of Property:              Lion Head Beach; # 3451; lot 51

              Size of Parcel:              20,924 sq. ft. (total)             

Project Description:

To demolish an existing one story residence and construct a new 3,408 sq. ft. two-story residence, swimming pool with decking and patio, sanitary system and driveway on a parcel of land containing wetlands and surface waters.

 

Relief:

A Natural Resources Special Permit (NRSP) pursuant to ? 255-4-20 and variances from ? 255-4-30 and ? 255-11-10 (Table of Dimensional Regulations) of the Town Code and any other relief necessary.  The following variances are required: (1) & (2) Variances of 24? & 35? are required to allow the residence and decking to be constructed 76? & 65? from wetlands where a 100? setback is required & (3) a 4? variance is required to install the sanitary system 146? from wetlands where a 150? setback is required.             

 

 

Property Conditions and History:

Subject premises are improved with an approximately 1,700 sq. ft. one story residence (including an attached garage) initially constructed in the early 1960?s.  The property was the subject of Zoning Board review in 1985 when the Board granted an NRSP to construct a 240 sq. ft. addition and 288 sq. ft. deck onto the residence.  The most recent Certificate of Occupancy for the improvements was issued in 1986.  The proposed redevelopment of the property is depicted on the Barylski Land Surveying survey of the property dated revised 09/06/16.  The corresponding floor and elevation plans were prepared by Form Architecture (9 pgs) stamped received by the Board on 9/22/16.  Public water has been proposed to serve the new residence. The property appears to have been acquired by the current owner in December, 2014.  This application appears to require approvals from the New York State Department of Environmental Conservation (NYSDEC) in addition to the Suffolk County Department of Health Services (SCDHS).  

 

Planning Department Analysis and Recommendations for the Board?s Consideration:

The application consists of an aggressive redevelopment that significantly exceeds the environmental constraints of the property.   The existing residence is non-conforming to all of the Town?s minimum wetland setbacks.  The proposed residence essentially maintains the same non-conforming wetland setbacks for the residence and decking while substantially increasing the mass of the proposed structures in the eastern portion of the property.  The proposed 3,408 sq. ft. residence (including the attached garage) comprises 93% of the generic maximum gross floor area allowed for any 17,160 sq. ft. property.  The new sanitary system appears to require a variance from the Suffolk County Department of Health Services (SCDHS) design standards by proposing the sanitary leaching pools 5? from retaining walls where 10? is typically required.  The groundwater elevation provided with the application provides the result of two test holes that indicates an unusually low water table elevation ranging from 0.1? - 0.6 feet.   To date, no information regarding the status of the required applications to the NYSDEC or the SCDHS have been provided. 

The wetlands on the survey consist of the shoreline vegetation and surface waters of a coastal pond informally referred to as Lion Head Pond west, one of two coastal ponds located to the west of and suspected of being formerly connected to Hog Creek.  The wetlands have been designated as Class I wetlands, the highest quality rating, by the NYSDEC and provide many, if not all of the benefits associated with coastal ponds including the provision of habitat for wetland dependent species of plants and animals, the retention of floodwaters prior to surface and groundwater recharge, and aesthetic benefits that contribute to the surrounding property values.  A 1993 report from the Natural Resources Department identified these ponds as important nesting and foraging ground for waterfowl and wading birds.  Ponds and wetlands like these are especially sensitive to the effects of pollution due to their lack of flushing, limited circulation and shallow depths.

The application fails to meet the Special Permit standards of ? 255-5-40, the NRSP specific standards of ? 255-5-51 and the variance standards of ? 255-8-50 of the Town Code.  As one way of increasing the setback of structures from surface waters, the zoning code provides built in ?relief? from street front setbacks for waterfront lots (excluding oceanfront lots) by allowing principal structures to meet rear yard setbacks to the street (? 255-11-10, footnote 9).  The property may be too constrained for a swimming pool, the inclusion of which in the application limits the ability of the residence to meet better wetland setbacks.   The square footage of the residence does not include the basement which, although shown as unfinished on the building plans, appears to designed to be compliant with the New York State building code for habitable living space.   

In order to satisfy the above referenced permit standards, the scale of the proposed development should be reduced to fit the constraints of the property.  The conforming building envelope can be more efficiently utilized for a principal structure.    The application?s most significant environmental improvement is the abandonment of the existing cesspool, located 55? from the wetlands, and the installation of a new sanitary system in the eastern portion of the property.  Reducing the scale of the improvements would allow the sanitary system to be sited in a manner that does not require a variance from Health Department standards.  Recent test hole data provided in conjunction with nearby properties have used groundwater elevations, based on test hole data, of 2? or greater above sea level as the design criteria for structure and sanitary leaching pool separation requirements.  A note on the survey proposes a 3? separation to the groundwater table as required by the SCDHS regulations.  A change in the groundwater design elevation of the sanitary system may change the number of leaching pools, the elevation of grading or the height of the retaining walls.  The applicant should indicate the status of any application to the SCDHS or the NYSDEC prior to the public hearing for this application.  The correct allowable clearing formula for a property of this size appears to be 75% of the lot area, or the 13,450 sq. ft. proposed in the application.  In conjunction with any addition or new construction, strong consideration should be given to reducing the extent of clearing below the maximum and increasing the 5?-15? wetland buffer proposed on the survey.

 

Summary of Mitigation:

Refer to preceding paragraph.             

C.              Christopher Haak

              TIME:              7:30:00 PM              APPLICANT:              Christopher Haak

              SIZE/LOCATION:              29,553 sq. ft., 81 Northwest Landing Road, East Hampton (300-090-03-13)

              DESCRIPTION:              To demolish an existing one story residence with shed and construct a new 1,556               sq. ft. two story residence with 709 sq. ft. of first and second story decking, a 236 sq. ft.

              patio, 192 sq. ft. shed, relocated driveway, and new sanitary system within jurisdiction

              and minimum setbacks of wetlands and within front yard lot line setbacks.

              RELIEF SOUGHT: Six variance and a Natural Resources Special Permit pursuant to 255-4-20               of               the East Hampton Town Code are required for this application. Variances of 61.1, 71.1, 71.1,

              and 71.2 from 255-4-30 of the Town Code are required to construct the residence,

              decking, patio, and shed 38.9, 28.9, 28.9, and 38.8, respectively, from wetlands

              where 100 setbacks are required. One variance of 10 is required to construct the shed

              20 from the front yard lot line where a 30 setback is required. One variance of 163.6

              from 255-3-75B of the Town Code, is required to construct the new sanitary system

              36.4 from wetlands where a 200 setback is required, and any other relief necessary.

              ZONING DISTRICT:              A2 Residence AE Flood Zone, elevation 6

              SEQRA CLASS:              Type II

 

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

 

Speakers at Public Hearing:

 

Denise Schoen, Attorney appearing on behalf of the applicant

Andrew Pennacchia

Tyler Borsack, Planning Department

Trefny Dix, Swamp Road neighbor

Bengt Hokenson Swamp Road neighbor

Barry Adler, Northwest Landing Road,  Neighbor

Christopher Haak, Applicant

 

Member Dalene made a motion to close the Public Hearing and record. Vice Chair Rogers seconded. All members were in favor.

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              June 26, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              81 Northwest Landing Road              Subdivision

              School District:              East Hampton              Special Permit

              Zoning District:              A2 Residence              Zone Change

              Overlay District:    Harbor Protection Overlay District              Variance                     XX

              Tax Map Number: 300-090-03-13              Natural Resources

                   Applicant:              Christopher Haak                                                           Special Permit    XX

                                          C/O Britton Bistrian                                                           Other:

                                          P.O. Box 2756

                                          Amagansett, NY 11930

             

              Telephone:              631-921-2919

              FEMA ZONE:              AE 6 Flood Zone

              Soil Type:              Fill land, dredged material (Fd); Deerfield sand (De)

              Map of Property:              N/A

              Size of Parcel:              29,553 sq. ft. (total)

 

Project Description:

To demolish an existing one story residence with shed and construct a new 1,556 sq. ft. two story residence with 709 sq. ft. of first and second story decking, a 236 sq. ft. patio, 192 sq. ft. shed, relocated driveway, and new sanitary system within jurisdiction and minimum setbacks of wetlands and within front yard lot line setbacks.

 

Relief Requested:

Six variance and a Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this application. Variances of 61.1?, 71.1?, 71.1?, and 71.2? from ?255-4-30 of the Town Code are required to construct the residence, decking, patio, and shed 38.9?, 28.9?, 28.9?, and 38.8?, respectively, from wetlands where 100? setbacks are required. One variance of 10? is required to construct the shed 20? from the front yard lot line where a 30? setback is required. One variance of 163.6? from ?255-3-75B of the Town Code, is required to construct the new sanitary system 36.4? from wetlands where a 200? setback is required, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with an approximately 743 sq. ft. one story residence with patio and approximately 70 sq. ft. shed. The most recent C.O. was issued on the property in 1967 for a ?1-story, frame, 1-family residence, erected before the adoption of zoning?. All of the existing and proposed structures can be seen on the Saskas Surveying Company survey dated revised December 29, 2061. This property has not appeared before the Zoning Board previously.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

 

The property is located within the Harbor Protection Overlay District (HPOD).  The wetlands located on the property consist of a high quality tupelo swamp, a large portion of which is often very wet with a high groundwater table and which contains standing water at times. These wetlands are a direct conduit to an extensive tidal marsh that is an important tributary to Northwest Creek.  Northwest Creek is a New York State Significant Fish and Coastal Wildlife Habitat and part of the Peconic Estuary Critical Environmental Area. Both the tidal and freshwater wetlands can be expected to provide all of the benefits typically associated with high quality wetlands.  These benefits include the provision of high quality plant and wildlife habitats for wetland dependent species, the attenuation of floodwaters, the removal of pollutants prior to groundwater and surface water recharge, and opportunities for scientific research, education and aesthetic appreciation.  Inter tidal salt marshes are especially important habitat for commercially important finfish and shellfish in addition to nesting, foraging and over wintering areas for waterfowl and wading birds.

 

The proposed project is to demolish and existing one story residence with patio, shed, driveway, and sanitary system and to construct a new 1,556 sq. ft. two story residence (897 sq. ft. 1st floor, 659 sq. ft. second floor), with a 506 sq. ft. first story deck, 236 sq. ft. patio, 203 sq. ft. second story deck, 192 sq. ft. shed and new sanitary system within setbacks to wetlands and the shed requiring a front yard lot line setback. The applicants are offering a scenic easement which covers most of the wetlands on the property. The Planning Department recommends a slightly larger easement which protects the entire wetland with some additional buffer area landward of the wetland. This is detailed on the attached Planning Department sketch. The applicants are also proposing to revegetate approximately 1,634 sq. ft. of vegetation along the clearing edge on the southern side of the project. This also includes the removal of approximately 230 sq. ft. of bamboo from the western of the property. The Board should discuss if a larger area of revegetation would be appropriate to help further mitigate the adverse impacts of any approvals on this property.

 

Given the constrains of the property and the existing conditions on site, the Planning Department recommends denial of the application in its current state and recommends a residence between 1,200 sq. ft. and 1,400 sq. ft. with a condensed footprint, limited decking, and reduced accessory structure size in order to reduce the impacts a redevelopment of the property would have on the wetlands and the neighborhood. It is the Planning Department?s opinion that the proposed residence is too large for the constraints of the property compared to the existing conditions on the property. A reduction in the size and footprint of the residence would help to limit the impacts of the sanitary system on the wetlands within jurisdiction and on Northwest Creek, reduce runoff from the property, and lessen the impact on potential flooding which has plagued this area on Northwest Landing Road in the past. A smaller residence with a reduced footprint would be more in keeping with the constraints of the property, be more in keeping with the neighborhood and the development history of the area, would require less substantial variances, and would improve the conditions on the property.

 

A 1,556 sq. ft. residence represents more than double the size of the existing residence on the property with very little mitigation able to be offered to offset that increase in intensity of use on the property. The significant increases in lot coverage and total lot coverage, from 841 sq. ft. to 1,631 sq. ft. and from 1,815 sq. ft. to 2,628 sq. ft., are more than the Planning Department believes is appropriate for the constraints of the property, especially considering the quality of the surrounding wetlands and the flood prone nature of this area of Northwest Landing Road.

 

The sanitary system appears to be located in one of the most conforming locations available on the property. The applicants are proposing an alternative sanitary system design utilizing the Hydro-Action system, recently approved by the SCDHS. The sanitary design calls for an approximately 6? high retaining wall to raise the elevation of the grade to 9.8? to create the 4? separation to groundwater that is required for new sanitary systems in HPOD. The greatest concern with the sanitary system is with the size of the residence relative to the existing conditions and the limited options for increasing setbacks to the wetlands.

 

The applicants are also proposing to remove an existing small, 70 sq. ft., shed approximately 14? from the wetlands and construct a new 192 sq. ft. shed 28.8? from the wetlands, which also requires a front yard variance in order to increase the setback from the wetlands. In addition to the significantly larger residence, the more than doubling of the shed adds additional impermeable surfaces that the Board should examine and determine if they are appropriate. A smaller shed located closer to, or attached to, the residence would require less substantial variances and would have less impact on the surrounding environment. The Board should examine if the benefits of the shed could not be achieved by some other method or if the shed should not just be removed from the plan altogether.

 

The most recent application in the Northwest Landing Rd. area that can best be compared to this application would be the Northwest Bungalow, LLC application located at 95 Northwest Landing Road (SCTM # 300-090-03-7). The two applications are somewhat similar with some key differences. Below is a table detailing the relevant details of both projects.

 

              Existing NW Bungalow, LLC              Approved NW Bungalow, LLC              Existing Haak              Proposed Haak             

Residence size              986 sq. ft.              1,470 sq. ft.              ~743 sq. ft.              1,556 sq. ft.             

Residence setback              ~16'              18.4'              ~31'              38.9'             

Decking size              -              579 sq. ft.              -              709 sq. ft.             

Decking setback              -              36'              -              28.9'             

Shed size              -              192 sq. ft.              ~70 sq. ft.              192 sq. ft.             

Shed setback              -              68.7'              ~14'              28.8'             

Patio size              -              N/A              -              236 sq. ft.             

Patio setback              -              N/A              ~40'              28.9'             

Sanitary setback              Less than 2'              22'              ~29'              36.4'             

Lot Coverage              985 sq. ft.              1,086 sq. ft.              841 sq. ft.              1,631 sq. ft.             

Total Lot Coverage              1,915 sq. ft.              1,915 sq. ft.              1,815 sq. ft.              2,628 sq. ft.             

Clearing              11,120 sq. ft.              11,820 sq. ft.              11,333 sq. ft.              9,699 sq. ft.             

Lot Area              N/A              13,726 sq. ft.              N/A              17,747 sq. ft.             

 

To compare the two projects it?s important to first point out that the wetlands on the subject parcel nearly surround the proposed project on 3 sides compared to the 95 NW Landing Rd. property?s wetlands which exist on two sides of the property, to the south and along the east side. More importantly, the wetlands on the NW Bungalow application were also more fragmented with a residence located to the south of that property at the time of the application, those wetlands would be considered lower quality compared to the high quality and more densely vegetated and protected wetlands within setbacks and jurisdiction of the Haak application. The NW Bungalow property may have been filled in at one point in time or is a naturally existing high point. The residence on that property was constructed around an area with a ground elevation from 7 to 9? with the Haak application proposed to be constructed in an area with a ground elevation of approximately 5?.

 

Both properties are similarly constrained with wetlands and do not have the benefit of conforming building envelopes. The Haak property before the Board is able to be more uniformly centered between the various sides of the wetlands on the property and often has similar setbacks to structures (sanitary, residence, decking) on either side. The Haak proposed residence is slightly larger than the NW Bungalow approval and the Board should examine this closely as the size of the residence directly impacts the surrounding wetlands with increased runoff and sanitary effluent. The size of the existing residence on the property is also smaller compared to the residence that was located on the NW Bungalow property prior to the new residence. Incremental increases across the area can have a cumulative impact much greater than a single application. It is important to be consistent when previous applications can influence what is approved in sensitive areas, especially those with such a high groundwater table and which are prone to flooding.

 

The gross floor area, lot coverage, and total lot coverage are both greater than the NW Bungalow approval. The biggest change to look at between the two properties is the existing vs. the proposed lot coverages and gross floor areas on either property. Lot coverage on NW Bungalow was approved to increase by 101 sq. ft. with total lot coverage to remain the same, while the Haak property is proposed to increase by 790 sq. ft. with total lot coverage to increase by 813 sq. ft. The gross floor area of the residences increased by approximately 1.49 times the size on the NW Bungalow application from 986 sq. ft. to 1,470 sq. ft. with the residence increasing by approximately 2.09 times the size on the current Haak application, from 743 sq. ft. to 1,556 sq. ft. Increases in semipermeable and impermeable surfaces and the amount of livable space within a residence directly impact the wetlands in the surrounding area with increases on sanitary effluent and lead to increased chance of flooding in an area that already has well known flooding problems. This should be closely examined by the Board to determine if it is an appropriate level of development for such a constrained property in a sensitive area. 

 

The Zoning Board needs to decide if the application meets the variance standards in ?255-8-50. The applicant needs to show that the proposed project will not create a detriment to nearby properties, that the benefits cannot be achieved by some other method, that the project is not substantial, and will not have an adverse impact on the physical or environmental conditions.

 

The applicant must demonstrate compliance with the NRSP standards of ? 255-5-51 of the Town Code in order to be eligible for the issuance of the requested NRSP. Specifically;

D. Preservation of natural resources. All structures and uses, other than coastal structures, shall be located on upland and shall be located so that no natural resource, feature, or system designated in ? 255-4-12 hereof will be diminished in size, polluted, degraded, or lost, or placed in peril thereof, in order to establish such structure or use.

 

The applicant must also demonstrate compliance with the general standards of ?255-5-40 of the Town Code. Specifically;

D. Compatibility. The site of the proposed use is a suitable one for the location of such a use in the Town, and, if sited at that location, the proposed use will in fact be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.

K. Environmental protection. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes...

 

The Board should also look closely on how this application will set precedent for other properties in the neighborhood with future redevelopments. The Board may also want to discuss establishing a larger scenic easement than what was proposed to encompass the entire wetland area on the property. 

 

 

Recommended Project Conditions:

 

1.              Sediment control fencing consisting of staked straw bales with silt mesh fencing shall be erected in the location depicted on the attached Planning Department sketch dated 6/7/17 adapted from the approved survey to prevent sedimentation of the wetlands. The fencing shall be installed and maintained in accordance with the New York State Standards and Specifications for Erosion and Sediment Control manual prior to the commencement and for the duration of construction activities.  The fencing shall be repaired or replaced as necessary to maintain proper function.

2.              Prior to the issuance of a building permit, the Board, or their delegate, shall inspect the project limiting fencing for proper installation.

3.              A scenic easement shall be established in the location depicted on the Planning Department sketch dated 6/7/17.  The easement, along with the approved survey depicting the location of scenic easement shall be submitted in acceptable form to the Zoning Board of Appeals Office for approval by Counsel to this Board, prior to the issuance of a Building Permit. The Town Board must accept and the applicant must file with the Suffolk County Clerk?s Office the scenic easement.  The original easement shall be returned the East Hampton Town Clerk?s Office. Proof of filing must be presented to the Zoning Board before a Certificate of Occupancy can be issued.

4.              Copies of the same, with proof of recordation shown thereon, shall be returned to the Town Clerk prior to the issuance of a building permit.

5.              A revegetation plan that indicates the locations, species, size and spacing shall be submitted to the Board for approval prior to the issuance of a building permit. The plan shall be implemented and inspected by the Board or their delegate prior to the issuance of a Certificate of Occupancy.

6.              The residence and shed should 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.

7.              All structures should be situated at least 2? above the seasonal high groundwater table.

8.              The driveway should be composed of only of a clean, local, water-pervious quartz gravel surface.

9.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the provisions of the appropriate paragraphs of this determination in standard form acceptable to and approved by Counsel to this Board.  The said declaration shall provide for its modification or termination only upon the approval of the East Hampton Town Zoning Board of Appeals, after a public hearing held on ten (10) days? notice.  Said declaration, after approval by counsel, shall be recorded at the Office of the Suffolk County Clerk.

10.              An Article 24 Freshwater Wetland permit or statement of non-jurisdiction should be obtained from the New York State Department of Environmental Conservation (NYSDEC) prior to the issuance of a building permit for this project.

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

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              Peter Miller

SCTM# 300-94-1-4

 

175 Three Mile Harbor Hog Creek Highway

Springs

 

Extension of Time request to obtain Certificate of Occupancy. Vice Chair Rogers made a motion to approve Extension of Time. Member Dalene seconded. All members were in favor.

 

B.              Fenchel/Menzer

SCTM# 147-4-35

 

200 Springs Fireplace Road

East Hampton

 

Extension of Time Request to maintain valid Building Permit and obtain a Certificate of Occupancy

 

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.              Gershon

SCTM# 300-26-1-13

 

120 Navy Road

Montauk

 

Pool, Pool deck, pool spa

 

Member Berger made a motion for the application to go administratively. Member Lys seconded. All members were in favor. Condition of approval is for a 50 ft. scenic easement to be implemented.

 

B.              Mike Valentino

SCTM# 300-48-8-10.5

 

17 Fairview Road, Montauk

 

Project description is to construct a 4500 sq. ft. two story residence with attached garage, porches, pool patio, swimming pool fencing, new driveway with retaining wall and sanitary system within jurisdiction of freshwater wetlands.

 

Member Berger made a motion for the application to go administratively. Member Lys seconded. All members were in favor.

VII.              BOARD DETERMINATIONS:

A.              68 Prospect LLC

APPLICANT:              68 Prospect Hill LLC

SIZE/LOCATION: 40,195 sq. ft., 68 Prospect Hill Ln., Prospect Hill, lot 16, map no. 7817, Montauk (300-013-02-1.14)

DESCRIPTION: To construct an approximately 7,200 sq. ft. tennis court within side yard lot line setbacks.

RELIEF SOUGHT: One variance of 11.8 from 255-11-10 of the Town Code is required to construct the proposed tennis court 38.2 from the northern side yard lot line where a 50? setback is required, and any other relief necessary.

ZONING DISTRICT:              A2 Residence Zone X Flood Zone

SEQRA CLASS: Type II

2/28/2017

 

Tabled

VIII.              BOARD DECISIONS:

A.              DeSousa

SCTM# 300-28-5-35

 

121 S. Essex Street

Montauk

 

Modification Request for two changes to the Board's approval

 

Tabled

B.              AFMP LLC

SCTM# 300-22-1-4

 

204 Old Montauk Highway

Montauk

 

Modification Request - Proposed the location of the sanitary system to the east side of the proposed residence approximately 114 ft. from the wetlands to the south and roughly 117 ft. from the coastal bluff crest as shown on the Saskas Survey Company survey dated revised January 5th 2017

 

Tabled

C.              ESL Landing

SCTM# 300-90-1-15.1

 

96 NW Landing Road

East Hampton

 

Modification request to reconfigure the area of allowable 1st floor decking to allow for better access and means of egress from the second floor deck and first floor bedrooms.

 

Chairman Whelan recused himself.

 

Survey requested by the Board has been received and is in the Board's file. Member Dalene made a motion to approve the Modification of ESL Landing. Member Lys seconded. All members were in favor.

 

 

 

D.              Joseph Bisagni

SCTM# 300-32-5-2

 

9 Ditch Plains Road

Montauk

 

Asking to waive the topography contour elevations and the test bore/hole on the property.

 

Planning Department will be forwarding a letter to the applicant.

 

 

 

 

IX.              MINUTES APPROVAL:

A.              September 19th 2017

Member Lys made a motion to approve the Minutes of September 19th 2017. member Berger seconded. All members were in favor.