EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

Town Board Meeting of November 28, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on November 28, 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.              Nathan Lowman

TIME:              7:30:00 PM              APPLICANT:              Nathan Lowman

SIZE/LOCATION:              31,265 sq. ft. (total), 47 Napeague Lane, Seaview at Amagansett, lot 24, map # 4987, Amagansett (300-184-03-21)

DESCRIPTION:              To construct a 625 sq. ft. addition to the existing residence with a relocation of the

existing driveway within jurisdiction and setbacks of wetlands and beach vegetation.

RELIEF SOUGHT: One variance and a Natural Resources Special Permit pursuant to 255-4-20 of the East Hampton Town Code are required for this application. One variance of 18.9 is require

from 255-4-30 of the Town Code to construct the addition 81.1 from freshwater

wetlands where a 100 setback is required, and any other relief necessary.

ZONING DISTRICT: B Residence AE Flood Zone, elevation 10

SEQRA CLASS: Type II

 

 

III.              SCHEDULED PUBLIC HEARINGS:

A.              David & Karen Martin

TIME:              6:30:00 PM APPLICANT: David and Karen Martin

SIZE/LOCATION: 6,894 sq. ft. (total), 70 Crystal Drive, Olympic Heights Extension, Section 4, Block 28, lots 747-479 map # 218, East Hampton (300-123-02-04)

DESCRIPTION:              To allow an above ground swimming pool and pool equipment to remain within side and rear yard lot line setbacks.

RELIEF SOUGHT: Four variances of 8.9, 0.9, 5, and 9.5 are required from 255-11-10 of the Town Code to allow the pool equipment to remain 11.1 and 19.1 and the swimming pool to remain 15 and 10.5 from the side and rear yard lot line setbacks where 20 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. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Member Dalene conducted a field inspection and reported his findings to the Board

 

Speakers at Public Hearing:

 

David Martin, Applicant

Tyler Borsack, Planner

Iban Belez, Neighbor

 

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

 

 

i.              Technical Analysis Memo

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:               Tyler Borsack

              Date completed:              July 18, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              70 Crystal Drive              Subdivision

              School District:              East Hampton              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance                      XX   

              Tax Map Number: 300-123-02-4              Natural Resources

     Applicant:                            David and Karen Martin                                             Special Permit   

                                          70 Crystal Drive                                                           Other:                

                                          East Hampton, NY 11937

             

              Telephone:                            631-324-9716

              FEMA ZONE:              X Flood Zone

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

              Map of Property:              Olympic Heighs Extension, Section 4, Block 28, lots 747-479 map # 218

              Size of Parcel:              6,894 sq. ft. (total)

 

Project Description:

To allow an above ground swimming pool and pool equipment to remain within side and rear yard lot line setbacks.

 

Relief Requested:

Four variances of 8.9?, 0.9?, 5?, and 9.5? are required from ?255-11-10 of the Town Code to allow the pool equipment to remain 11.1? and 19.1? and the swimming pool to remain 15? and 10.5? from the side and rear yard lot line setbacks where 20? setbacks are required, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with an approximately 1,398 sq. ft. two story residence with decking and a swimming pool. The most recent C.O. was issued on the property in 1976 for a ?802 sq. ft. at first floor, 596 sq. ft. at second floor of 1 ? story, one-family residence having one kitchen only?. All of the existing structures are shown on the Saskas Surveying Company, PC survey dated November 5, 2016.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

 

The subject property is located on Crystal Drive between Crystal Drive to the north and Muir Blvd. to the south, in East Hampton. The applicants are currently requesting relief in order to keep an existing swimming pool and pool equipment within side and rear yard lot line setbacks.

 

According to aerial imagery, the swimming pool was constructed sometime between 1998 and 2001 and has existed in its current form since then. The swimming pool is located 15? from the northern side yard lot line and 10.5? from the eastern rear yard lot line, while the pool equipment is located 11.1? from the eastern rear yard lot line and 19.1? from the southern side yard lot line where 20? setbacks are required. This is a very small, nonconforming, property located within an Urban Renewal area that contains many other small nonconforming lots. While at 60? in width this property would be given relief under the four-tenths rule of ?255-1-43 of the Town Code, swimming pools and associated structures are exempt from that relief. While the swimming pool has existed on this property for a very long time, it has the potential to set a dangerous precedent in an area with many similar small, nonconforming, properties. The Board should be sure to point out in their decision any aspects of the application that set it aside from similar application and make it unique, if approved.

 

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.

 

Recommended Project Conditions:

 

1.              N/A - Existing structure

B.              Thomea Ashley

TIME:              6:50:00 PM              APPLICANT:              Thomea Ashley

SIZE/LOCATION:              20,111 sq. ft. (total), 12 Gates Avenue, Montauk Beach Development Corp, Subdivision 6, South Portion of West Lake Residential Section, Block 198, lots 1-3 & 13, Montauk (300-019-07-30.7)

DESCRIPTION:              To replace, in-place in-kind, the existing first and second story decking, replace the

existing front steps, and construct a new overhang, ramp, generator, and driveway apron within jurisdiction and setbacks to freshwater wetlands.

RELIEF SOUGHT: Four variances and a Natural Resources Special Permit pursuant to 255-4-20 of the East Hampton Town Code are required for this application. Variances of 71, 44, 34, and 67.6 from 255-4-30 of the Town Code are required to construct the driveway apron 39, front stoop overhang 66, ramp 56,  and generator 32.4 from the freshwater wetlands where 100 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. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Member Berger conducted a field inspection and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Joel Halsey, Agent for the Applicant

Tyler Borsack, Planning Department

 

Member Berger made a motion to leave the record open for one week - December 5th - for the submission of the generator pad information and sketch on survey revegetation. Member Lys seconded. All members were in favor.

i.              Technical Analysis Memo

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              September 25, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              12 Gates Avenue              Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance                      XX   

              Tax Map Number: 300-019-07-30.7              Natural Resources

     Applicant:                            Thomea Ashley                                                           Special Permit    XX

                                          C/O Joel Halsey                                                           Other:

                                          P.O. Box 5030

Montauk, NY 11954

             

              Telephone:                            631-668-7332

              FEMA ZONE:              X Flood Zone

              Soil Type:              Scio silt loam, till substratum, 2-6% slopes (ScB)

              Map of Property:              Montauk Beach Development Corp, Subdivision 6, South Portion of West Lake Residential Section, Block 198, lots 1-3 & 13

              Size of Parcel:              20,111 sq. ft. (total)

 

Project Description:

To replace, in-place in-kind, the existing first and second story decking, replace the existing front steps, and construct a new overhang, ramp, generator, and driveway apron within jurisdiction and setbacks to freshwater wetlands.

 

Relief Requested:

Four variances and a Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this application. Variances of 71?, 44?, 34?, and 67.6? from ?255-4-30 of the Town Code are required to construct the driveway apron 39?, front stoop overhang 66?, ramp 56?,  and generator 32.4?? from the freshwater wetlands where 100? setbacks are required, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with a two story residence with 1st and 2nd story decking, front steps, driveway and sanitary system. The most recent Certificate of Occupancy was issued on 02/13/2017 for ?roof mounted solar panels at existing single family residence?. All of the proposed structures can be seen on the George Walbridge Surveyors, P.C. survey dated revised May 12, 2017.  The property appeared before the Zoning Board in 1989 for the residence and decking.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The subject parcel is located near the western end of Gates Avenue, in Montauk. The applicants are requesting a Natural Resources Special Permit and variance relief to construct a new ramp in the front of the residence over an existing driveway, a new roof over the existing front steps and to replace those steps, replace the existing 1st and 2nd story decking, construct a new brick apron on the driveway, and place a new generator on the property.

 

The project as a whole is fairly innocuous and should cause minimal disturbance to the property and surrounding wetlands. With such extensive wetlands in the area proposed improvements on this parcel should be kept to a minimum which the proposed project represents. The proposed ramp and roof overhang are over already improved surfaces, the driveway apron is a minor change in the existing semipermeable driveway, the replacements of the decking should only be of minor concern during construction, and the generator is a fairly small structure. The Board may want to examine the location of the proposed generator and discuss if there are better locations which would increase the setback to the wetlands.

 

The existing scenic easement on the property appears to have been partially cleared at some point after its establishment. The Board should require that this cleared area within the scenic easement be revegetated, or left to revegetate naturally. The Board may want to consider requiring a small fence or line of woody vegetation to delineate the easement boundary.

 

Freshwater wetlands occur on the property as well as on the flanking neighboring parcels and across Gates Avenue. Prior to the construction of Gates Avenue and the subdivision of the land into building parcels, a much larger wetland probably existed in this general area.  With the construction of the surrounding roads and numerous houses, the wetlands were significantly altered and fragmented. Where uncleared vegetation still exists one can often find a mix of wetland indicative vegetation and upland vegetation. The land is wet enough for wetland vegetation to persist yet dry (xeric) enough that non-wetland associated vegetation has also become established. Extensive wetlands still occur to the south and east of the property. It is through these extensive and complex freshwater wetlands that water flows through a series of marshes, swamps, watercourses, ditches and culverts eventually entering into southern Lake Montauk. Although Lake Montauk has the highest quality rating for surface waters (SA), the southern portion of the harbor is subject to seasonal shellfish closures due to elevated concentrations of coliform bacteria.

 

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...

 

Recommended Project Conditions:

 

1.              Sediment control fencing consisting of staked straw bales with silt mesh fencing shall be erected along the southern and western clearing line to prevent erosion and sedimentation. 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.              All structures should be situated at least 2? above the seasonal high groundwater table.

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

C.              Gregory Zwirko

TIME: 7:10:00 PM              APPLICANT:              Gregory Zwirko

SIZE/LOCATION: 22,296 sq. ft. (total), 12 Napeague Lane, Beach Hampton - Section 1, block 1, lots 6-15, map # 1203, Amagansett (300-174-05-23 & 24)

DESCRIPTION: To construct a 1,428 sq. ft. residence with attached shed, approximately 209 sq. ft.

brick terrace, walkway, sanitary system with retaining wall, driveway, and to clear vegetation within jurisdiction and setbacks of wetlands and beach vegetation.

RELIEF SOUGHT: Four variances and a Natural Resources Special Permit pursuant to 255-4-20 of the

East Hampton Town Code are required for this application. Variances of 61.7 and 34 are required from 255-4-30 of the Town Code to construct the residence with attached

shed and brick terrace 38.3 and 76, respectively, from freshwater wetlands where a 100 setback is required. One variance of 75.6 is required from 255-4-30 of the Town

Code to construct the sanitary system 74.4 from freshwater wetlands where a 150 setback is required. One variance of 39 is required from 255-4-30 of the Town Code to allow clearing to within 11 of freshwater wetlands where a 50 setback is required, and any other relief necessary.

ZONING DISTRICT: B Residence AE Flood Zone, elevation 10

SEQRA CLASS: Type II

 

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

 

Speakers at Public Hearing:

 

Britton Bistrian

Tyler Borsack

 

Member Lys made a motion to leave the record open for two weeks but close the record for an updated survey depicting changes. Member Berger seconded. All members were in favor.

i.              Technical Analysis Memo

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              July 18, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              12 Napeague Lane              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance                      XX   

              Tax Map Number: 300-174-05-23 & 24              Natural Resources

     Applicant:                            Gregory Zwirko                                                           Special Permit    XX

                                          C/O Britton Bistrian                                                           Other:

                                          P.O. Box 2756

Amagansett, NY 11930

             

              Telephone:                            631-921-2919

              FEMA ZONE:              AE 10 Flood Zone

              Soil Type:              Dune land (Du)

              Map of Property:              Beach Hampton - Section 1, block 1, lots 6-15, map # 1203

              Size of Parcel:              22,296 sq. ft. (total)

 

Project Description:

To construct a 1,428 sq. ft. residence with attached shed, approximately 209 sq. ft. brick terrace, walkway, sanitary system with retaining wall, driveway, and to clear vegetation within jurisdiction and setbacks of wetlands and beach vegetation.

 

Relief Requested:

Four variances and a Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this application. Variances of 61.7? and 34? are require from ?255-4-30 of the Town Code to construct the residence with attached shed and brick terrace 38.3? and 76?, respectively, from freshwater wetlands where a 100? setback is required. One variance of 75.6? is required from ?255-4-30 of the Town Code to construct the sanitary system 74.4? from freshwater wetlands where a 150? setback is required. One variance of 39? is required from ?255-4-30 of the Town Code to allow clearing to within 11? of freshwater wetlands where a 50? setback is required, and any other relief necessary.

 

Property Conditions and History:

The property is currently unimproved with no C.O. on file. All of the proposed structures can be seen on the George Walbridge Surveyors, P.C. survey dated revised Sept. 17, 2016.  The property has not appeared before the Zoning Board previously.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

 

The subject property is located on the west side of Napeague Lane, between Montauk Hwy. and Marine Blvd, in Amagansett. The property is constrained by freshwater wetlands in the middle of the property close to Napeague Lane. These wetlands are part of a large wetland and dune land system that extends eastward between Montauk Highway and the ocean along the entire Napeague stretch. Some parts of this system are protected within parkland and blocks of reserved area. However, older developments such as Beach Hampton and the adjoining Seaview at Amagansett were drawn without regard to these valuable natural features. The habitat, water quality and flood control properties of such wetland systems have been well documented and are very familiar to the Zoning Board.  The juxtaposition of land and water provides a rich habitat for many native plants, fish, and wildlife. Wetlands very often support some of our rarest species and the wetlands of Napeague function as a migration stopover for birds from outside East Hampton.  In addition, wetlands absorb and store floodwaters and improve water quality. In times of drought, wetlands slowly release water at a rate that can be absorbed to raise the water table and fill streams and ponds. When water leaves a wetland, it is cleaner and needs less chemical treatment to be suitable for human use. When wetlands are degraded by encroachment, water quality declines and fish, and bird populations are affected, and the severity of floods could increase. The Zoning Board, as required by the Town Code, has made a consistent effort to provide the maximum protection for the Town?s freshwater wetland and dune land systems. This effort has significantly helped to protect the Town?s natural biodiversity as well as the character of our residential neighborhoods

 

The current project is a 1,428 sq. ft. two story residence, an 888 sq. ft. first floor with 540 sq. ft. partial second floor, with attached shed, approximately 209 sq. ft. brick terrace, sanitary system with retaining wall, driveway, and approximately 9,032 sq. ft. of clearing. While the residence is proposed in one of the more conforming locations available on the property, there are a few parts of the application that the Board should pay close attention to when deciding and discussing this application.

 

The project is proposing what appears to be a significant amount of regrading and likely fill being utilized to raise the grade around the sanitary system, presumably to meet the required separation to groundwater, this includes an approximately 4? retaining wall along the western and southern lot lines. The grading to the north of the sanitary system could be somewhat eliminated, and required fill reduced, by continuing the retaining wall along the northern side of the sanitary and back to the house. This would also help reduce the amount of clearing and disturbance required along that side of the project site as well as allow for revegetation up to the edge of the retaining wall. The survey makes note of sanitary system and designs prepared by D.B. Bennett which were not submitted to the file, the applicant should provide these plans prior to the public hearing for the Boards convenience.

 

Additionally, the driveway appears to be able to be easily relocated further south on the property while still giving access to Napeague Lane. Relocating the driveway further south would help to increase setbacks significantly, upwards of 40? or more further from wetlands, as well as decrease the amount of clearing required, and also increase the separation between the required clearing and the edge of wetlands. There may be a reason for the proposed driveway location, but this should be examined and the setback should be increased to the maximum extent possible wherever practical. The Board should also look at the size of the residence to see if they are comfortable with that size or if a more concise footprint and/or smaller gross floor area is more appropriate to the constraints of the property.  

 

The Board may want to consider what additional mitigation may be appropriate; including a possible scenic easement over the wetlands and a boundary and/or a revegetation of the area north of the improvements disturbed during construction. A revegetation of the area north of the proposed improvements will help to reduce the impacts of runoff and increase conformity with minimum clearing distance to the wetlands. Reducing clearing overall on the property would also help to decrease impacts from runoff and increase habitat value in this duneland 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...

 

 

Recommended Project Conditions:

 

1.              Sediment control fencing consisting of staked straw bales with silt mesh fencing shall be erected along the northern proposed clearing line to prevent erosion and sedimentation. 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.              The residence 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.

4.              The Dune land soils excavated for the approved structures shall be retained on site and used for backfill and top dressing to facilitate the retention of the dune land character and the recolonization of disturbed areas with indigenous dune land species

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

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

7.              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.              Ida Eichner

SCTM# 300-13-3-17

 

161 East Lake Drive

Montauk

 

Extension of Time for maintaining valid Building Permit and issuance of Certificate of Occupancy

 

Member Berger made a motion to approve the Extension of Time. Membr Lys seconded. All members were in favor.

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Gone Fishing

SCTM# 300-6-2-15.1, 27.1

 

East Lake Drive

Montauk

 

Maintenance dredging to depth of 6 ft. at mean low water.

 

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

VII.              BOARD DETERMINATIONS:

A.              Alplanalp

SCTM# 300-7-2-6

 

319 East Lake Drive

Montauk

 

Board requested to review the file for the next meeting.

 

Tabled

B.              Kazlow

SCTM# 300-175-3-16

29 Beach Avenue, Amagansett

 

Letter from Joel Halsey - regarding issuance of a Building Permit

 

Letter to the applicant

C.              MacPherson

SCTM# 300-32-7-31

 

15 Miller Avenue

Montauk

 

Modification Request

 

Tabled

 

 

D.              Blaire Katherine Gazza

SCTM# 300-123-3-2.3

 

58 Muir Blvd.

East Hampton

 

Proposed residence, sanitary system, swimming pool and garage (NRSP)

 

Letter to the Applicant

E.              Montauk Energy StorageCenter

SCTM# 300-27-4-8.8

 

10 N. Shore Road

Montauk

 

Member Berger made a motion to open the record to accept additional documentation from the Planning Department. Member Lys seconded. All members were in favor.

 

Member Berger made a motion to close the record. Member Lys seconded. All members were in favor.

VIII.              BOARD DECISIONS:

A.              Otis CMS

SIZE/LOCATION: 47,210 sq. ft. (total), 189 Marine Blvd, Map of Beach Hampton; # 1283; Sec. 2; lots 4-              12, Amagansett (300-176-08-23)

DESCRIPTION: To demolish an existing one story residence and construct a new 4,973 sq. ft. two story residence with first and second story decking, swimming pool, accessory building with roof deck and new sanitary system on a parcel of land containing barrier dunes, dune land and beach vegetation.

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to  255-4-20 and variances from  255-4-40 (Coastal setbacks) and  255-11-10 (Table of dimensional regulations) of the Town Code and any other relief necessary.   A 47.2 variance is required to allow the accessory building and roof deck to be located 52.2 from the primary (barrier) dune crest where a 100 setback is required and a 7 variance is required to allow the residence to extend 32 above natural grade where 25 is the maximum for a flat roofed structure.  The residence and swimming pool have been proposed 100 from the primary dune crest.

ZONING DISTRICT:              A Residence VE velocity flood zone, el. 17',

SEQRA CLASS:              Type II

 

Decision Rendered

B.              Irving Paler

SIZE/LOCATION: 3.2 acres (total), 124 Beach Lane, Wainscott (300-202-02-08.2, 8.1 & 9)

DESCRIPTION: To demolish an existing residence and swimming pool and to construct a new 8,448

sq. ft. two-story residence with 4,187 sq. ft. of patio or 1st and 2nd story decking, a swimming pool and new sanitary system on a parcel of land located within the Town?s jurisdiction of wetlands and containing barrier dunes, beaches and beach vegetation.             

RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to ? 255-4-20 of the Town Code.  The structures have been proposed 100.6? from the barrier (primary) dune crest and 100.3? from the wetlands.

ZONING DISTRICT: A2 Residence AE Flood Zone, el. 16'; VE Flood Zone, el. 18'

SEQRA CLASS: Type II

 

Record was left open until October 24th 2017 for the submission of Building Plans and a Revegetation Plan which were submitted into the file.

 

Additionally, the applicant's agent Britton Bistrian also submitted additional documents into the record which included copies of survey/site plan by Walbridge Surveyors, Memorandum of Law prepared by Karen Hoeg, Letters of support from two adjacent neighbors, Affidavit of Robert Grover, Vice President & Director of Environmental and coastal Studies at Greenman Pederson Inc. which provided a coastal assessment and concluded that the project is fully compliant with NRSP standards and secures safety from flooding and erosion.

 

All additional documents were accepted into the record.

 

 

C.              Farrell

SIZE/LOCATION: 50,041 sq. ft. total, 5 Agnew Ave., Montauk (300-032-06-92)

DESCRIPTION: To construct a 4,647 sq. ft. two story residence, a 220 sq. ft. detached garage, 648 sq.  ft. pool with a spa, and a sanitary system on a parcel of land with wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to 255-4-20 of the Town Code and any

relief necessary.

ZONING DISTRICT:              A10, Zone X Flood Zone

SEQRA CLASS: Type II

 

Decision Tabled

D.              Zedelovich

SIZE/LOCATION: 21,512 sq. ft. total, 143 Isle of Wight, Map No. 3451; Map of Lion Head Beach part of lots 57,58, & 59, Springs (300-023-01-16.1)

DESCRIPTION: To demolish the existing structures and construct a 4,281 sq. ft. residence and a 1,125 sq. ft. pool with a patio, retaining wall and a new sanitary system on a parcel of land with wetlands.

RELIEF SOUGHT:  Natural Resources Special Permit pursuant to  255-4-20 and two variances from 255-4-30 (wetland setbacks) of the East Hampton Town Code and any relief necessary. A 25 ft. and a 9.3 ft. variance are required to respectively construct the pool and retaining wall 75 ft. and 90.7 ft. from the wetlands where a minimum 100 ft. setback is required.

ZONING DISTRICT:              B Residence,  Zone X Flood Zone

SEQRA CLASS: Type II

 

Decision rendered

 

 

E.              Dittmer

SIZE/LOCATION: 1.9 Acres, 5 & 7 Park Street & 621 Stephen Hands path, Cobblers Hill Height, Sec II Map#284, East Hampton (300-136-06-01.1, 2.1, 4, 5)

DESCRIPTION: Subdivision of a 1.9 acre parcel into two lots that both lack the minimum lot width required under zoning.

RELIEF SOUGHT: Variances from  255-11-10 (Table III) of the Town Code and any other relief necessary.  The following variances are required: (1) a 40 wide lot width variance is required to allow for the creation a 120 wide parcel where 160 is the minimum required (Parcel 1); (2) a 40? wide lot width variance to allow for the creation a second 120 wide

parcel where 160 is the minimum required (Parcel 2).

ZONING DISTRICT: A Residence Zone X Flood Zone

SEQRA CLASS: Unlisted

 

Decision Tabled

IX.              MINUTES APPROVAL:

A.              Minutes of November 14th

Member Lys made a motion to approve Minutes of November 14th - Member Berger seconded. All members were in favor.

X.              RESOLUTIONS

A.              Mankes

SCTM# 300-48-8-4

 

28 Washington Drive

Montauk

 

Member Berger made a motion to accept as written. Member Lys seconded. All members were in favor.

B.              Beckmann

SCTM# 300-49-1-14

 

94 South Euclid Avenue

Montauk

 

Member Lys made a motion to approve the Determination as written. Member Dalene seconded. Member Berger recused herself. Vice Chair Rogers and Chairman Whelan were in favor.

C.              East Hampton Venture

SCTM# 300-39-1-4

 

26 Fenmarsh Road

Springs

 

Vice Chair Rogers made a motion to approve the Determination as written. Member Dalene seconded. All members were in favor.

D.              Magrino

SCTM# 300-30-5-2.2

 

76 Benson Drive

Montauk

 

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

E.              EXECUTIVE SESSION

Member Lys made a motion to go into Executive Session. Vice Chair Rogers seconded. All members were in favor.

For the purposes of discussing litigation