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 April 25, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

6:30 PM Meeting called to order on April 25, 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.              John & Paula Easevoli

TIME:              6:30:00 PM

APPLICANT:              John & Paula Easevoli

SIZE/LOCATION: 16,984 sq. ft., 8 Bay View Avenue, Amagansett (300-106-01-21)

DESCRIPTION: To delete the condition of the Board's 1971 determination requiring an accessory structure containing a bedroom and bathroom to not contain a kitchen.

RELIEF SOUGHT:              A modification of the Board's determination filed December 15, 1971.

ZONING DISTRICT:              A Residence,  AE Flood Zone, elevation 11' & X Flood Zone

SEQRA CLASS: Type II

 

Re-scheduled from January 31st 2017

B.              John Hall & Anne Gilchrist Hall

Time: 6:50 PM

Applicant: John Hall & Anne Gilchrist Hall

Size/Location: 1.59 Acres (9 Association Road); 1.5 acres (7 Piersons Way), 29 Association Road & 7 Piersons Way, Wainscott (SCTM# 300-200-3-22 & 300-201-1-5)

Description: Not Applicable

Relief Sought: 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.

Zoning District: A 5 Residence AE Flood Zone

SEQRA Class: Type II

 

Re-scheduled from 4/5/16 and 11/28/16 Public Hearing Schedule

C.              William Shea & William Shea 2013 Trust

TIME:              7:10:00 PM              APPLICANT:              William Shea & William Shea 2013 Trust

SIZE/LOCATION: 6,103 sq. ft. (total), 33 Beach Avenue, Beach Hampton, Section 3, lots 19 and 20, map # 1287, Amagansett (300-175-03-15)

DESCRIPTION:              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.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to Section 255-4-20 of the East Hampton Town Code and four variances are required for this application. Variances of approximately

9 ft. and 11 ft. from Section 255-11-72D of the Town Code are required to allow the residence to

be outside of the Towns pyramid regulations by approximately 9 ft.  along the northern

property line and approximately 11 ft. along the southern property line. Two variances

of 42 ft. and 31 ft. are required to allow the decking and residence to be located 58 ft.  and 69 ft

from freshwater wetlands where 100 ft. setbacks are required, and any other relief necessary.

ZONING DISTRICT: B Residence,  AE 10 Flood  Zone

SEQRA CLASS: Type II

i.              Technical Analysis Memo

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              February 22, 2017               Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              33 Beach Avenue              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance                    XX

              Tax Map Number: 300-175-03-15              Natural Resources

              Applicant:                William Shea & William Shea 2013 Trust              Special Permit   XX

                                          C/O Madeline VenJohn, Esq.                                               Other: 

                                          Tarbet & Lester, PLLC                                         

132 North Main Street, 1st Fl.

East Hampton, NY 11937

             

              Telephone:                            631-907-3500

              FEMA ZONE:              AE 10 Flood Zone

              Soil Type:              Dune land (Du)

              Map of Property:              Beach Hampton, Section 3, lots 19 and 20, map # 1287

              Size of Parcel:              6,103 sq. ft. (total) 

 

Project Description: 

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.

 

Relief Requested:

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 ft. and 11 ft. 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 ft. along the southern property line. Two variances of 42 ft. and 31 ft. are required to allow the decking and residence to be located 58 ft. and 69 ft. from freshwater wetlands where 100 ft. setbacks are required, and any other relief necessary. 

 

Property Conditions and History:

The property is currently unimproved 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. 

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is located on the south side of Shore Road, in Amagansett. The applicant is before the Board for approval 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.

 

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.

 

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 regarding the increase in the pyramid variance. The residence will be exceeding the pyramid line by an additional 2 ft. from the existing conditions which is an existing 7 ft. increasing to 9 ft. on the north side and an existing 9 ft. increasing to 11 ft. 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 ft. where 110 ft. 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 ft..

 

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 effected 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.

 

The Board should require, and the applicants may want to provide prior to the public hearing, an updated survey with the relevant sanitary system information. It appears that the sanitary system is in the front of the house, but the Board may want that information to be addressed prior to making a decision on this application.

 

The Zoning Board needs to decide if the applicant 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.              Project limiting fencing should 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.

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

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

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

 

D.              Lucy Victoria Phillips

TIME:              7:30:00 PM              APPLICANT:              Lucy Victoria Phillips

SIZE/LOCATION: 31,810 sq. ft. (total), 72 Shore Road, Montauk on the Sea, Sec. A, lot 143, Map # 2438,

Amagansett (300-131-08-12)

DESCRIPTION: To construct a 260 sq. ft. second story addition, expand the driveway approximately

450 sq. ft., relocate approximately 200 sq. ft. of walkway, and clear approximately 600 sq. ft. of beach vegetation within the Towns jurisdiction of dunes and beach

vegetation.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to Section 255-4-20 of the East Hampton Town Code and three variances are required for this application. Variances of 58.2 sq. ft. , 75 sq. ft., and  25 sq. ft. from  Section 255-4-40 of the Town Code are required to allow the proposed second story

addition to be located 41.8 sq. ft., the relocated walkway to be approximately 25 sq. ft., and  driveway expansion to be approximately 75 sq. ft.  from the dune crest where 100 sq. ft.  setbacks

are required.

ZONING DISTRICT:              B Residence VE 17 Velocity Zone

SEQRA CLASS: Type II

i.              Technical Analysis Memo

Technical Analysis Memo

             

Lead Agency:              (not applicable)

Planner:              Tyler Borsack

Date completed: February 15, 2017               Site Plan

SEQRA class:              Type II Sub Waiver

Physical Location: 72 Shore RoadSubdivision

School District: Amagansett              Special Permit

Zoning District: B Residence              Zone Change

Overlay District: Coastal Erosion Overlay Zone Variance                    

Tax Map Number: 300-131-08-12              Natural Resources

Applicant: Lucy Victoria Phillips                                             Special Permit   

C/O Jonathan Tarbet, Esq.                                              

Other: 

Tarbet & Lester, PLLC                                         

132 North Main Street, 1st Fl.

East Hampton, NY 11937

             

Telephone:                            631-907-3500

FEMA ZONE:              VE 17 Flood Zone, X Flood Zone

Soil Type:              Dune land (Du)

Map of Property:              Montauk on the Sea, Sec. A, lot 143, Map # 2438

Size of Parcel:              31,810 sq. ft. (total) 

 

Project Description: 

To construct a 260 sq. ft. second story addition, expand the driveway approximately 450 sq. ft., relocate approximately 200 sq. ft. of walkway, and clear approximately 600 sq. ft. of beach vegetation within the Towns jurisdiction of dunes and beach vegetation.

 

Relief Requested:

A Natural Resources Special Permit pursuant to  Section 255-4-20 of the East Hampton Town Code and three variances are required for this application. Variances of 58.2 sq. ft., 75 sq. ft., and 25 sq. ft. from  Section 255-4-40 of the Town Code are required to allow the proposed second story addition to be located 41.8 sq. ft., the relocated walkway to be approximately 25 sq. ft., and driveway expansion to be approximately 75 sq. ft. from the dune crest where 100 ft. setbacks are required.

 

Property Conditions and History:

The property is currently unimproved with no C.O. on file.  The property appeared before the Zoning Board in 2015 for an application which was withdrawn prior to the Board making an official determination. The Board had preliminary discussions to deny the application which was to construct a 4,320 sq. ft. two story residence with attached garage, 1,500 sq. ft. of terraces and walkways, 900 sq. ft. of porches, decks, and stairs, a 594 sq. ft. swimming pool and spa, pool fence, a 676 sq. ft. pervious driveway, walkway to the beach, new sanitary system with retaining wall, drywells, and to clear 14,500 sq. ft. and revegetate 4,000 sq. ft. of beach vegetation within the Towns jurisdiction of dunes and beach vegetation. The application was withdrawn before an official determination was signed.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is located on the south side of Shore Road, in Amagansett. The applicant is before the Board for approval to construct a 260 sq. ft. second story addition to a two story residence with alterations to the stone driveway and walkway. 

 

According to the application, the applicants purchased the property in 2012. The land use regulations governing this parcel have been in place for over 30 years.  They include a 100 ft. primary dune crest setback. This parcel is also located within a VE Flood Zone as per the FEMA FIRM.  The VE Flood Zone is part of the Velocity Floodplain as defined by the Town Code and is characterized as an area subject to high velocity wave action from storms and shall have the same meaning as coastal high hazard area. The entire parcel is seaward of the Costal Erosion Hazard Area (CEHA) line. Most of the oceanfront homes in this area were initially constructed much earlier than the adoption of the 100 ft. dune crest setback in 1984.  Many of the homes on the oceanfront have been relocated landward to reduce the potential damage from coastal erosion and some homes have been moved landward more than once. Additionally, beach vegetation is a protected natural feature as defined by the Town Code and the Zoning Board has consistently sought to retain natural beach vegetation to the extent possible in conjunction with the NRSP's and variances it has issued over the years.

 

The survey attached to the application, revised October 25, 2016, details a proposed reduction of lot and total lot coverages, although it appears that this may just be a typo. The survey shows a reduction from 8.92% to 8.72% of lot/building coverage and from 30.61% to 23.86% of total lot coverage. The Board may want these numbers clarified prior to, or at, the public hearing. The proposed lot and total lot coverages are exactly the same as the existing coverages that are on the 2015 certificate of occupancy survey, revised September 14, 2015.  It appears as though the existing and proposed numbers may be swapped accidentally and should be either addressed and clarified or fixed and resubmitted prior to the Board making their determination. The clearing calculations also appear the have the same issue with an existing clearing of 4,604 sq. ft. and a proposed clearing of 4,009 sq. ft., where 4,009 sq. ft. appears as the existing clearing limits on the 2015 C.O.

 

The second story addition is a modest increase to the size of the residence which will not increase the footprint of the building and is taking the place of an existing second story deck. Taking the 50% cap of Section 255-8-60A of the Town Code into consideration, the property would be able to ask for a maximum expansion of approximately 840 sq. ft. from the ZBA. The currently proposed addition would make up approximately 15.5%, leaving approximately 580 sq. ft. or additions remaining possible without a redevelopment of the property. The applicants should discuss, and possibly submit, a construction protocol and how much, if any, additional clearing or site disturbance will be required for construction which would need to be revegetated once the project is complete. The walkway and driveway alterations are minor changes, increase coverages only minimally, and create very little additional impact to the surrounding natural features. 

 

The applicants have not included a sanitary system upgrade with the application. The Planning Department would strongly recommend that a sanitary system upgrade be included in the Board's determination, and preferably have that information provided prior to making a decision. The existing system appears to be a single cesspool without a tank which may not meet a 2ft.  separation to groundwater and is certainly not conforming to current SCDHS standards. With the addition of living space to the residence and increase in the intensity of the use on the property, there is a nexus for the Board to have the sanitary system upgraded to meet modern standards while the property is before the Zoning Board.  

 

The Zoning Board needs to decide if the application meets the variance standards in  Section 255-8-50 of the Town Code and the NRSP standards of Section 255-5-51 of the Town Code in order to be eligible for the issuance of the requested variance and NRSP. 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.              Project limiting fencing should be erected to limit land disturbance in the location depicted on the Planning Departments sketch dated 02/15/17 prior to the commencement and for the duration of construction activities.

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

3.              The clearing of vegetation and grading should be strictly limited to the boundary depicted on the approved survey.

4.              All areas disturbed by construction activities should be revegetated with Beach Grass (Ammophila breviligulata) planted 12ft. on centers in culms of three or more in staggered rows

5.              The establishment of turf, lawn, sod or ornamental vegetation should be prohibited.

6.              The sanitary system should be relocated and upgraded in a location to be approved by the Zoning Board of Appeals under the supervision of the Suffolk County Department of Health Services

7.              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.

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

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

10.              An Article 25 Tidal 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:

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Nanette Johns

SCTM# 300-19-5-19.6 - 22 Lakeside Court, Montauk - Project is to construct a pool and deck

 

VII.              BOARD DETERMINATIONS:

VIII.              BOARD DECISIONS:

A.              Salts Park LLC

SCTM# 300-200-3-27.2  - 16 Association Road, Wainscott - Modification request for septic system

IX.              MINUTES APPROVAL:

A.              Minutes of April 18th 2017

X.              RESOLUTIONS

A.              Adam Young

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

ADAM YOUNG

SCTM #300-23-2-7

_____________________________________

HEARING DATE:              September 20, 2016

                                

PRESENT:                            JOHN WHELAN, Chair

                                          CATE ROGERS, Vice Chair

                                          DAVID LYS, Member

                                          ROY DALENE, Member

                                          THERESA BERGER, Member

                                         

ALSO PRESENT:              ELIZABETH L. BALDWIN, ESQ., Counsel to the Board

DENISE A. SAVARESE, Legislative Secretary

LISA D?ANDREA, Planning Department

ADAM YOUNG, Owner/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 Vice Chair Rogers of this Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION: To allow a swimming pool patio with a slate wall remain within the minimum side yard setback.

 

2.              RELIEF OR APPROVAL SOUGHT: A 5.6 ft. variance from ?255-11-10 (Dimensional Regulations) of the Town Code to allow a pool patio with a slate wall to remain 14.4 ft. from the side yard lot line where a minimum 20 ft. setback is required.

 

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE: 23,631 sq. ft. (total) 

2.              STREET LOCATION: 19 Bay Inlet Road 

3.              CONTIGUOUS WATER BODIES: Hog Creek

4.              HAMLET OR GEOGRAPHIC AREA: Springs

5.              FILED MAP NAME: Lion Head Beach

6.              FILED MAP NUMBER: 3451

7.              DATE OF MAP FILING: November 6, 1961

8.              BLOCK NUMBER IN FILED MAP: N/A

9.              LOT NUMBER IN FILED MAP:  38

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:  #300-23-2-7

                                

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: B Residence 

2.              ZONING OVERLAY DISTRICT: Harbor Protection Overlay District (HPOD)

 

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 for this Board to grant applicant the requested area variances, 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.?

 

2.              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 variance sought is the minimum variance necessary and adequate to alleviate the difficulty causing applicant to request 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.

 

3.              The Board finds that granting 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 parcel comprises approximately 23,631 sq. ft. and is situate on Bay Inlet Rd. in Springs. The parcel is located is in B Residential zoning and the soil type present on this parcel is Montauk loamy sand, sandy variant as per Suffolk County Soil survey.

 

2.              The parcel is improved with a 3,361 sq. ft. two story residence with a 792 sq. ft. pool with 500 sq. ft. of pool patio and a 197 sq. ft. shed.  The most recent Certificate of Occupancy (CO) was issued for these structures on June 19, 2015. On August 12, 2015 a building permit was issued to construct a 224 sq. ft. enclosed porch.

 

3.              It is not entirely clear how the need for the variance came to light, because a building permit was issued after the most recent CO was issued. However, at some point the Building Department noticed that the pool patio was within the side yard setback. The pool equipment is also 0.3 ft. within the minimum side yard setback but the Building Department allows for a degree of margin of error and a variance for the pool equipment is not required.

 

4.              At public hearing, it was determined that a bocce court and dock additions were added to the property without the necessary permits. Additional clearing was also discovered during site visits by the Planning Department and the Board members. As a result, the Board members requested the applicant submit a revised survey depicting the existing conditions on the property. The applicant was given 90 days to submit the survey before the record would close. It appears that applicant may have believed he only had 30 days to submit the survey because on November 14, 2016 applicant requested an additional 60 days which the Board granted, therefore, the record closed for this application on February 17, 2017.

 

5.              All existing structures are depicted on a George Walbridge Surveying survey dated revised December 15, 2016. While it appears that the flag strip area of the property has been revegetated, the Board is requesting a written confirmation from the Natural Resources Department confirming that the revegetation done was sufficient.

 

6.              Double accessory structure setbacks for swimming pools and pool patios were established to buffer neighboring properties from the noise and activity generally associated with these structures.   In keeping with the purpose of the double setback for pools and pool patios, lot line variances for these structures should only be granted when it can be demonstrated that the adjoining properties are not adversely affected by reducing minimum setbacks. The subject property is unique because there are two flag strips that buffer it from the neighboring residence.

 

7.              The Board finds that granting the requested variance will not cause an undesirable change to the character of the neighborhood or create a detriment to nearby properties. The variance request is only for a small portion of the pool patio, which will be well screened by native vegetation. Also, the flag strips of lots 300-23-2-8 & 9 provide additional buffer between the pool patio and the neighboring lot.

 

8.              While the Board finds that the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than the requested area variance, the additional buffering provided by the flag lots minimizes the impact of the small area within the setback.

 

9.              While the Board finds that the requested variance is substantial, the buffer provided by the flag lots along with the additional screening along the property line will offset any impacts from granting the requested variance.

 

10.              The Board finds that granting the requested variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood.

 

11.              The Board finds that the need for the variance is self-created. The Board finds however, that although the need for the requested variance is self-created, this need, although relevant to the Board?s decision does not preclude the granting of the requested variances.  Town Law ?267-b(3)(b)(5). 

 

12.              The Board finds that the benefit to the applicant outweighs the detriment which grant of the variance will cause to the general health, safety, and welfare of the neighborhood or 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 5.6 ft. variance from ?255-11-10 (Dimensional Regulations) of the Town Code to allow a pool patio with a slate wall to remain 14.4 ft. from the side yard lot line where a minimum 20 ft. setback is required.

             

2.              DESCRIPTION OF WORK GRANTED: To allow a swimming pool patio with a slate wall remain within the minimum side yard setback.

 

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:  Applicant shall submit a revised survey which either eliminates any structure that does not have the proper permits or applicant shall submit for and obtain the required approvals prior to issuance of Certificate of Occupancy.     

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  N/A

 

3.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

a.              Applicant shall submit, in writing, an approval from the Natural Resources Department that the clearing is properly revegetated and the property is in compliance with regard to clearing prior to issuance of a Certificate of Occupancy.

b.              A row of vegetation shall be installed and maintained along the southern property line, 60 feet west from the pin located southeast of the pool as depicted on the George Walbridge Surveyors P.C. survey dated December 15, 2016 and stamped received by the Zoning Board on February 2, 2017.

c.              The type of vegetation and the revegetation along the southern property line shall be approved by the Zoning Board or its delegate prior to issuance of a certificate of occupancy.

d.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the provisions of the paragraph (b), 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.  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.

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

f.              Applicants shall apply for and obtain a Certificate of Occupancy no later than twelve (12) months from the date of issuance of the building permit.

 

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.

 

              CONCUR:

 

                            JOHN WHELAN, Chair

                            CATE ROGERS, Vice-Chair

                            ROY DALENE, Member

                            THERESA BERGER, Member

 

              DISSENT:

 

                            DAVID LYS, Member

 

Dated: April, ______, 2017

 

cc:                Building Department

              Planning Department

              Ordinance Enforcement

              Natural Resources Department

       Applicant