EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

EH Town Zoning Board of Appeals 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

Present

Absent

Late

Arrived

Chairman John P. Whelan

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Board Member Theresa Berger

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Board Member Roy Dalene

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Board Member Cate Rogers

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Board Member David Lys

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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? 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

 

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              James Kommer

              Date completed:              3/20/2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              50 Wireless Road              Subdivision

              School District:              East Hampton              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:    N/A              Variance: XX

              Tax Map Number: 300-194-01-29              Natural Resources

                   Applicant:              Gerard Russell                                                                       Special Permit  

                            C/o Joel Halsey                                                                        Other:                                                                    P.O. Box 5030

              Montauk, N.Y. 11954             

              Telephone:                            631-668-7332

              FEMA ZONE:              X Flood Zone

              Soil Type:              Carver and Plymouth sands, 3 to 15 percent slopes (CpC)

              Map of Property:              N/A

              Size of Parcel:              20,350 sq. ft.

 

Project 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 Requested: 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 built 18.6? 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 built 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 heater to remain 18.2? from the northern (rear) lot line where a 20 ft. setback is required, and any other relief necessary

 

Property and History: The property is currently improved with a two story residence with wood deck, stone driveway, attached carport, wood trellis over slate entry, pool and pool equipment. The most recent certificate of occupancy was in 2014 for a Two-story, one-family residence having one kitchen only, 613 sq. ft. wood decking; and 393 sq. ft. one story addition, 315 sq. ft. carport and 120 sq. ft. wood decking; 288 sq. ft. vinyl swimming pool with proper fencing and dry well. Slate patio removed from premises as indicated on attached survey. All of the improvements can be found on the Hands On Surveying map dated updated 12/14/2016. The property has not appeared before the Zoning Board previously.

 

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

Situated on the north side of Wireless Rd, the property is in the B Residence Zone in East Hampton. The 20,350 sq. ft. property is 73.7% cleared, when as per  255-2-60A  <http://ecode360.com/10414572?highlight=clearing%20clearing,water%20recharge,recharged,recharges,clearing,cleared,waters,water>10,000 sq. ft. + (lot area x 25%), or 74.1% is permitted.

 

In May of 2001 a building permit was obtained by Edward Krug for a 288 sq. ft. vinyl pool. The property was inspected post completion of the pool and a C.O. was obtained in October of 2001. Between 2001 and 2004 the addition of a slate pool patio was carried out without the benefit of a building permit. The addition of the slate pool patio is within the required 20 ft. rear and side yard setbacks as per 255-11-10 (Table III) and 255-11-89E of the Town Code at 18.6 ft.  from the northern (rear) lot line and 15.5 ft.  from the eastern (side yard) lot line. The installation of the pool heater at a distance of 18.2 ft.  from the northern (rear) lot line was also within the aforementioned 20 ft. required setback for pools, pool decks and equipment.

 

In the property's building history the July 2014 C.O. mentions the removal of the slate patio from the premises. Without a detailed history it is unclear what exactly took place, and the applicant should clarify the history of the patio for the board. It appears that the majority was removed with a few pavers in its place. It should be noted that there is a conforming location for the proposed pool deck on the west side of the pool. Since there is a conforming location available, the current proposal may not be the minimum variance necessary.

 

The property's east lot line abuts on a flag lot joint driveway servicing the properties to the north and northeast of the subject property. This should be taken into consideration, as relief from side yard setbacks have been requested from this lot line.

 

The Zoning Board needs to decide if the application meets the variance standards in 255-8-50 of the Town Code in order to be eligible for the issuance of the requested variance. The applicants should address how the variance does not cause an undesirable change in the character of the neighborhood, cannot be achieved by some method other than the requested variances, is not substantial, and does not have an adverse effect or impact on the environment or the neighborhood.

 

 

 

 

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

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              March 9, 2017               Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              49 S. Fairview Ave.              Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance                    XX

              Tax Map Number: 300-028-03-3              Natural Resources

              Applicant:              Gary Stephens, Linqin Wang, and Siren Wei              Special Permit   XX

                                          49 South Fairview Avenue                                               Other: 

                                          Montauk, NY 11954

             

              Telephone:                            631-903-2933

              FEMA ZONE:              X Flood Zone

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

              Map of Property:              Montauk Beach Development Corp., South Portion of West Lake               Residential Section, Subdivision No. 6, Block 89, Lot 12, map # 1016

              Size of Parcel:              19,720 sq. ft. (total) 

 

Project Description: 

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

 

Relief Requested:

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 and 65 from 255-4-30 of the Town Code are required to allow the stairs to be located 33 and second story decking to be located 35 from the freshwater wetlands to the east 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 a 460 sq. ft. attached garage, 1st story deck, pavers, walkway, driveway, and sanitary system. The most recent certificate of occupancy was issued 10/09/2015 for Solar panels on roof of existing single family residence. The property has appeared before the Zoning Board once previously in 1989.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is located on the east side of South Fairview Avenue, in Montauk. The applicant is before the Board for approval to construct an approximately 460 sq. ft. second story deck over an existing attached garage with stairs and a landing for access within setbacks to freshwater wetlands to the east.

 

The wetlands within jurisdiction consist of a portion of a fairly substantial swamp containing a ditch and standing water in its lowest elevations. These wetlands are part of a complex drainage system that influences other wetlands in the area. Surface water can frequently be seen seeping north across South Ferncroft Place and continues within the right-of-way of Gage Place directly into an extensive wetland complex that drains into the southern portion of Lake Montauk. The soils underlying the site have been identified as having a high seasonal water table or slow permeability, contributing to the poor drainage in the area.

 

The proposed second story deck above the existing garage is a fairly minimal change on the property that does not decrease any existing setbacks and does not greatly increase the intensity of use on the property. However, the proposed stairs are not located in the best location available and encroach on the wetlands more than necessary. The Planning Department recommends relocating the stairs to the north side of the residence to try and reduce the impact the stairs will have on the wetlands and increase the setback and encroachment to the greatest extent possible. The stairs in their current proposed location may not represent the minimum variance necessary to gain access to the second story deck.

 

As mitigation, the applicants are proposing a scenic easement which covers the wetlands and the rear portion of the property. The scenic easement includes several thousand square feet across a large portion of the back half of the property. The area where the scenic easement is proposed is mostly undisturbed and nearly the entire easement is made up of freshwater wetland habitat. The easement will help to protect the wetlands on this property in perpetuity and help to prevent disturbance and encroachment in the future. 

 

The Zoning Board needs to decide if the application meets the variance standards in 255-8-50 of the Town Code and the NRSP standards of  255-5-51 of the Town Code in order to be eligible for the issuance of the requested variance and NRSP. The applicants should address how the variance does not cause an undesirable change in the character of the neighborhood, cannot be achieved by some method other than the requested variances, is not substantial, and does not have an adverse effect or impact on the environment or the neighborhood.

 

 

Recommended Project Conditions:

 

1.              Sediment control fencing consisting of staked straw bales shall be erected in the location depicted on the attached Planning Department sketch dated 3/9/17 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 approved survey.  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.              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.              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

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              March 21, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              15 Wainscott Hollow Road               Subdivision

              School District:               Wainscott              Special Permit

              Zoning District:              A2 Residence              Zone Change

              Overlay District:     Agricultural Overlay District              Variance              XX      

              Tax Map Number: 300-196-01-8.10              Natural Resources

     Applicant:                            15 Wainscott Hollow Road, LLC                               Special Permit   

                                          C/O Jonathan Tarbet, Esq.                                            Other: 

                                          Tarbet & Lester, PLLC

132 N. Main Street, 1st Floor

East Hampton, NY 11937

             

              Telephone:                            631-907-3500

              FEMA ZONE:              X Flood Zone

              Soil Type:              Riverhead sandy loam, 0-3% slopes (RdA); Bridgehampton silt loam, 2-6% slopes (BgB)

              Map of Property:              Wainscott Farm, lot no. 10, map no. 8072

              Size of Parcel:              70,808 sq. ft.

 

Project Description: 

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

 

Relief Requested:

Two variances of 14? and 10? from 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? setbacks are required, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with a two story residence with attached garage, decking and swimming pool. The most recent Certificate of Occupancy was issued on 9/23/16 for a ?Two-story, frame, one family residence having one kitchen only and containing four bedrooms only and; 1,064 sq. ft. interior alteration; 378 sq. ft. first floor addition, 378 sq. ft. second floor addition, and 256 sq. ft. addition; 1,293 sq. ft. wood decking; 480 sq. ft. one story detached garage; 800 sq. ft. gunite swimming pool with proper fencing and dry well; 540 sq. ft. first floor, 530 sq. ft. second floor additions, 552 sq. ft. attached garage, 224 sq. ft. covered porch, 181 sq. ft. covered porch, 181 sq. ft. second floor deck; 22 KW emergency backup electric generator; 1,012 sq. ft. lower level recreation room with proper egress; 216 sq. ft. patio. This property was before the Board in 2016 but the application was withdrawn.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is located on the east side of Wainscott Hollow Road, in Wainscott. The applicant is before the Board for approval to construct a new 55 by 105 tennis court within side and rear yard lot line setbacks.

 

This property was before the Zoning Board in 2016 for a similar 60 by 111 tennis court in a similar location in 2016. The applicant at that time was requesting three variances of 10 ft. to construct the tennis court 40? from the northern, eastern, and southern side and rear yard lot lines. Objections were raised to the application from the neighboring property to the north and the application was withdrawn prior to the ZBA making a determination on the application. The new application has reduced the size of the tennis court slightly, from 60x111 to 55x105, and has relocated the court further south to remove the need for the variance from the northern side yard lot line. This relocation has increased the variance required from the southern side yard lot line by 4 ft. , from a 40 ft. to 36 ft. setback. The variance that is requested to the southern side yard lot line is taken from a 10  wide access strip which adjoins an additional 10 ft. wide access strip that is part of two flag lots to the southeast and which separates the subject parcel from the next full lot to the south which itself is an L-shaped parcel.

 

Variance applications for tennis courts are not common, since 2012 the Board has had 5 variance requests for tennis courts. The most recent variance request was 68 Prospect Hill LLC (SCTM# 300-013-02-1.14) which at the time of this assessment had not received a determination from the Zoning Board. The previous application for the subject property, as previously mentioned, was withdrawn prior to the Board making an official decision in 2016. Iluminus Property Holdings LLC (SCMT# 300-189-04-10) was approved three lot line setback variances of 7.3 ft., 2.1 ft. , and 9.3 ft. in October of 2015. Servily/Evereteze (SCTM# 300-155-01-20.2) was granted approval of two variances of 24.7 ft and 8.7 ft in 2013. Finally, 225 Old Montauk Highway LLC (SCTM# 300-087-01-17) was granted a single 10 ft side yard variance from a property in common ownership in 2012.

 

As was mentioned in the 2016 application's assessment, it appears that the scenic easement at the front of the property has been partially cleared and should be remedied as part of any determination by the Board. The Board may also want to consider screening around the proposed tennis court to provide a buffer to impacted neighboring properties. As the property is located within the Agricultural Overlay District (AOD), the Town Code requires, and the Board should include in the determination, that all soils remain on site. Although the property is located within the AOD, this project does not require an Architectural Review Board (ARB) approval as tennis courts are exempt from ARB approval, provided that the structures are built at or substantially at natural grade.

 

The applicant must demonstrate compliance with the Variance standards of  255-8-50 of the Town Code in order to be eligible for the issuance of the requested NRSP and variances. 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.              No soils should be removed from the property. 

2.              The scenic easement should be restored and revegetated with appropriate native species. 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

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

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              108 Runnymeade LLC

SCTM# 300-23-4-7

 

108 Runnymede Drive, Springs - Original Permit Date - May 7th 2014 - for the purposes of obtaining a Certificate of Occupancy

 

SCTM # 300-23-4-7 - 108 Runnymeade Drive, Springs - Original Permit Date - October 8th 2015 - for the purposes of obtaining a Certificate of Occupancy

B.              Edward Sander Connelly Jr.

SCTM# 300-24-1-40

 

213 Kings Point Road, East Hampton - Original Permit Date 2013

C.              Betty Sullivan

SCTM# 300-41-2-7.1

 

93 Gerard Drive, East Hampton - Extension of Time request - Applicant has submitted an as built survey requested by the Zoning Board.

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.

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.

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

B.              Sean MacPherson

SCTM# 300-32-7-31

 

15 Miller Avenue, Montauk - Letter from Britton Bistrian

 

C.              Carilli

SCTM# 300-29-1-18.8

 

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

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.

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.

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.

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.

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.

IX.              MINUTES APPROVAL:

A.              Minutes of May 23rd 2017

X.              RESOLUTIONS

A.              William Shea

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