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 May 23, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

6:30 PM Meeting called to order on May 23, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Chairman John P. Whelan

¨

¨

¨

 

Board Member Theresa Berger

¨

¨

¨

 

Board Member Roy Dalene

¨

¨

¨

 

Board Member Cate Rogers

¨

¨

¨

 

Board Member David Lys

¨

¨

¨

 

II.              SCHEDULED PUBLIC HEARINGS:

A.              Meijas

TIME:              6:30:00 PM              APPLICANT:              Meijas

              SIZE/LOCATION:              19,734 sq. ft., 71 Cliff Road, Amagansett (300-174-02-03)

              DESCRIPTION:              To demolish the existing residence and construct a 2,383 sq. ft. two story residence, a

              303 sq. ft. accessory structure, a 700 sq. ft. swimming pool and a 665 sq. ft. pool deck

              on a parcel of land containing dune land and beach vegetation.

              RELIEF SOUGHT:              A Natural Resources Special Permit pursuant to Section 255-4-20 of the East Hampton

              Town Code.

              ZONING DISTRICT:              B Residence, Zone X Flood Zone

              SEQRA CLASS:              Type II

3/28/2017

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner: Lisa D'Andrea             

              Date completed:              January 31, 2017              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              71 Cliff Road              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District              Variance             

              Tax Map Number: 300-174-02-03              Natural Resources Special Permit  XX

     Applicant:              Meijas   

                            c/o Robert Connelly

                        50 Station Rd., Building1

                        Watermill, N.Y. 11976                                                                                                                                

              Telephone:              631-537-3100             

              FEMA ZONE: 0.2% annual flood hazard chance; X Flood Zone             

              Soil Type: Dune land (Du), Carver and Plymouth sands 15-35% slopes (CpE); Plymouth loamy sand 3-8% slopes (PlB)             

              Map of Property:              Map No. 4694; Hampton Dunes Lot 74

              Size of Parcel: 19,734 sq. ft.

 

Project Description:  To demolish the existing residence and construct a 2,383 sq. ft. two story residence, a 303 sq. ft. accessory structure, a 700 sq. ft. swimming pool and a 665 sq. ft. pool deck on a parcel of land containing dune land and beach vegetation.

 

 

Relief Requested: A Natural Resources Special Permit pursuant to Section 255-4-20 of the East Hampton Town Code.

 

 

Property and History:

 

The parcel is currently improved with a 924 sq. ft. two story residence with 352 sq. ft. of deck constructed prior to zoning. The most recent Certificate of Occupancy was issued August 14, 1968.

All existing and proposed structures are depicted on a Saskas Surveying survey dated revised  November 29, 2016. A Proposed Layout and Grading Plan for 71 Cliff Rd. dated September 23, 2016 was submitted and received by the Board on December 5, 2016 as were the  LABHaus 71 Cliff Rd. Building Plans. The Planting Plan 71 Cliff Rd. by the Laurel Group dated, October 3, 2016 that includes a pool profile was received by the Board on January 6, 2017.

 

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

 

The current owner and applicant acquired this property in October 2014 and should be aware that the property is dune land with beach vegetation both of which are protected natural resources according to 255-4-20 of the Town Code.

The applicant is proposing to demolish the existing 924 sq. ft. residence with a 352 sq. ft. deck in order to construct a new 2,383 sq. ft. residence with a 303 sq. ft. accessory structure, decks, sanitary system and pool on the property.  This is a redevelopment of the property. An application that removes pre-existing structures, is considered to be a vacant parcel. Review of proposed construction should be equal to the review of construction on any other vacant parcel.  Any opportunity to improve or preserve the environmental conditions on this environmentally sensitive property should be considered.

 

This property is located east of Bluff Rd. on Montauk Highway and has two front yards.  However, it is noted in the parcel history there is to be no access onto Bluff Rd. The property has steep topography in the northern portion. The existing house with its deck sits at the foot of the slope and has an unpaved driveway. Other than around the immediate house there is very little disturbance to the natural habitat. To the north of the house is quality oak woodland and to south of the house is high quality dune land with protected beach vegetation such as bearberry (Arctastophylos uva-ursi), beach grass (Amophila brevigulata), lichen (Cladonia spp), and beach heather (Hudsonia tomentosa).

 

Beach vegetation provides ecological value in terms of drainage, habitat for dune land wildlife and significantly contributes to the character of the neighborhood.  Construction of a residence with pool, decking, accessory structure, wooden walkway, and driveway over a portion of a previously uncovered section of the property substantially reduces absorption of rainwater into the ground and could have a significant effect upon the direction of travel of the remaining underground waters. The existing building coverage is 932 sq. ft. and the proposed building coverage will be 1,908 sq. ft. a 5% increase. The total lot coverage is proposed to increase from about 3,000 sq. ft. to 5,284 sq. ft. an 11.5% increase.

The application as proposed will preserve approximately 3,500 sq. ft. of natural vegetation which is oak woodland in the northern portion of the property. The new house, pool, deck, walkway, new sanitary system and accessory structure are designed in such a way that the remaining 16,000 sq. ft. will be disturbed in one way or another during the construction process. Essentially no natural dune land or its protected vegetation will be left undisturbed. It appears that little, if any, attempt was made in the design of this project to consolidate structures and development on the property with the preservation of the natural features in mind. The beach vegetation is an important component in retaining the Town?s rural beach character and as an ecological benefit for wildlife and storm water absorption.  Although the applicant is proposing to revegetate much of what will be disturbed, it will not result in an equal replacement for the habitat that has been disturbed or removed. In any functioning ecosystem are millions of invertebrates, fungi, bacteria and other organisms within the habitat that go unseen or un-noticed but none-the-less are vital to its functionality.

It should be noted that the survey indicates a lawn area around the pool and house. The agent for the applicant assured the Planning Department that the applicant is aware that establishing a lawn will not be permitted. If the Board approves this application the approved survey for the permit should have the ?lawn area? removed.

The Planning Department does not feel that the NRSP standards have been met and does not support the application as proposed. It is the Planning Department's opinion that this project is too sprawling and disturbing to the protected natural resources and will cause them to be diminished in size or lost. The Planning Department recommends consolidation of structures and clearing to protect the natural features and prevent fragmentation of the protected features.  It appears a more consolidated or downscaled design, especially of the pool, pool decking, and the storage shed, could give the applicant adequate use and enjoyment of the property while preserving existing beach vegetation dune land habitat.

The Board needs to consider if this project is acceptable for the neighborhood development and is it in keeping with the development practice over the past 30 years.

Recommended Project Conditions:

 

a.              Project limiting fencing with staked straw bales should be erected to limit land disturbance and prevent sedimentation of the wetlands in the location depicted on the Planning department sketch dated January 31, 2017.

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

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

d.              The establishment of turf, lawn, sod, or ornamental, non-native vegetation should be prohibited.

e.              A revegetation plan outlining the species, size and spacing should be submitted for approval by the Board prior to the issuance of a building permit.

f.              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 shall have a combined volume (in cubic feet) equal to the surface area of the roof (in square feet), divided by six. Said catchment basin shall be made available for inspection by the building inspector prior to backfill.

g.              The sanitary system should be located and upgraded as indicated on the Saskas Surveying survey dated revised November 29, 2016 under the supervision of Suffolk County Department of Health Services.

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

b.              The swimming pool should utilize a chlorine reducing sanitation system and all pool water should be discharged into a drywell located at least 100? from the wetlands on the survey.

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

 

 

B.              Gianna & Milena Zuccotti

              TIME:              6:50:00 PM              APPLICANT:              Gianna & Milena Zuccotti

              SIZE/LOCATION:              31,734 sq. ft., 791 Springs Fireplace Rd, N/A, Springs (300-063-04-06)

              DESCRIPTION:              To allow patio adjacent to pool on property to remain 16.8 feet at nearest               point from rear property line and to allow pool equipment on property to remain 12.1 feet                  from side yard property line where in both instances the minimum required setback is 20

              feet from property line

              RELIEF SOUGHT:              One variance of 4 ft. from 255-11-10 & 255-11-89 to allow pool patio               to remain 16'8" from rear property line and one variance of 8 ft. from 255-11-10 & 255-11-89               to allow pool equipment to remain 12?1? from side yard property line, and any other relief

              necessary.

              ZONING DISTRICT:              A5 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:              3/9/2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              791 Springs Fireplace Road              Subdivision

              School District:              Springs              Special Permit

              Zoning District:              A5 Residence              Zone Change

              Overlay District:    N/A              Variance: XX

              Tax Map Number: 300-63-04-06              Natural Resources

     Applicant:              Gianna & Milena Zuccotti                                                      Special Permit  

                            C/o Ackerman, O?Brien, Pachman & Brown, LLP                Other:                                                                    34 Pantigo Rd

East Hampton, N.Y. 11937             

             

              Telephone:                            631-324-3942

              FEMA ZONE:              X Flood Zone, AE. EL. 6 Flood Zone

              Soil Type:              Montauk loamy sand, sandy variant, 0 to 3 percent slopes (MnA), Deerfield sand (De)

              Map of Property:              N/A

              Size of Parcel:              31,734 sq. ft.

 

Project Description: To allow the existing pool patio to remain within the rear yard lot line setback and to allow the existing pool equipment to remain within the side yard lot line setback.

 

Relief Requested: 2 variances from 255-11-10 (Table III) and 255-11-89 of the Town Code. (1) A 3.2 ft. variance is required to allow the pool patio to remain 16.8 ft. from western (rear) lot line where a 20 ft. setback is required; (2) A 7.9 ft. variance is required to allow the pool equipment to remain 12.1 ft. from the northern (side yard) 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 brick patio, driveway, garage, arbor with brick patio, four sheds, pool with brick patio and pool equipment. The most recent certificate of occupancy was in 1988 for a Two-story, one-family residence having one kitchen only, two frame sheds, one gazebo all erected before the adoption of zoning, 360 sq. ft. garage, 800 sq. ft. vinyl swimming pool with no decking?. Prior to that a C.O. in 1975 is for 10 x 20 arbor and 2 story, one family residence having one kitchen only and two frame sheds and one gazebo all erected before the adoption of zoning. All of the improvements can be found on the George Walbridge Surveyors, P.C. map dated revised 10/3/2016. The property appeared before the Zoning Board once previously in July of 1980, under the former owners, John & Susan Zuccotti.

 

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

Situated on the west side of Springs Fireplace Rd, the property is an A5 Residence in the Springs Historic District. The 31,734 sq. ft. property is 100% cleared, when as per 255-2-60A  <http://ecode360.com/10414572highlight=clearing%20clearing,water%20recharge,recharged,recharges,clearing,cleared,waters,water>only 10,000 sq. ft. + (lot area x 25%) is permitted, but the nonconforming clearing predates and is largely unchanged since the establishment of the district.

 

Aerial images show a vinyl pool on the property since 1984, which was replaced in 1996-1997 with a gunite pool as well as the addition of a brick pool patio and pool equipment. The replacement of the pool and addition of the brick patio and pool equipment was carried out without the benefit of a building permit. The addition of the brick patio put the combined pool and patio within the required 20 ft. setback as per 255-11-10 (Table III) and 255-11-89E of the Town Code at 16'8" from the western (rear) lot line. The installation of the pool equipment at a distance of 12'1" from the northern (side yard) lot line was also within the aforementioned 20 ft. required setback for pools, pool decks and equipment. In the application the applicant proposes to ameliorate possible noise disturbance from the pool equipment through the construction of an enclosure for said equipment.

 

The Zoning Board needs to decide if the applicant 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.

 

Recommended Project Conditions:

The Board should evaluate the applicant's proposal to muffle the sound of the pool equipment with an enclosure.

 

The Board could also evaluate the applicability of vegetative screening in conjunction with any relief granted from lot line setbacks.

 

 

 

C.              Tommaso Fini

              TIME:              7:10:00 PM              APPLICANT:              Tommaso Fini

              SIZE/LOCATION:              20,300 sq. ft., 51 Cliff Rd., Map No. 4694; Hampton Dunes Lot 70,               Amagansett (300-173-02-11)

              DESCRIPTION:              To extend a retaining wall, and install a stone stairway on a parcel of land               containing beach vegetation.  To construct a brick patio within the side yard setback. To               allow an air conditioning unit and pool equipment to remain in their existing locations.

              RELIEF SOUGHT: A Natural Resources Special Permit pursuant to 255-4-20, three variances               from  255-11-10(Dimensional regulations) of the Town Code and any relief necessary. An 18               ft.  and 8 ft. variances are required to allow an air conditioning unit to remain 12 ft. from

              the front yard lot line and 8 ft. from the side yard lot line where respectively a 30 ft.

              and a 10 ft. minimum setback are required. A 9 ft. variance is required to construct a

              brick patio 1 ft. from the side yard lot line where a minimum setback of 10 ft. is required.

              ZONING DISTRICT:              B Residence, Zone X Flood Zone

              SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner: Lisa D'Andrea             

              Date completed:              February 29, 2016              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              51 Cliff Rd.              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:                  Variance             

              Tax Map Number: 300-173-02-11              Natural Resources

     Applicant:              Tommaso Fini                                                                                        Special Permit   XX

                            244-04 Thornhill Ave.

                        Douglaston, N.Y. 11362                                                                                                               

             

              Telephone:              (718) 229 3019             

              FEMA ZONE:              X Flood

              Soil Type:              Carver & Plymouth sands,15-35% slopes, Plymouth loamy sand 0-3 % slopes, dune land             

              Map of Property:              Map No. 4694; Hampton Dunes Lot 70

              Size of Parcel:              20,300 sq. ft.

 

Project Description:   To construct a front porch, extend a retaining wall, and install a stone stairway on a parcel of land containing beach vegetation.

 

Relief Requested: A Natural Resources Special Permit pursuant to 255-4-20 and a variance from  255-11-10 (Dimensional Regulations) and any relief necessary. An 8.1 ft. variance is required to build the porch 11.9 ft. from the front yard line where a 20 ft. minimum is required.

 

Property and History:

The parcel comprises approximately 20,300 sq. ft. , is situate on 51 Cliff Rd., is in B Residential zoning and the soil type present on this parcel is Plymouth loamy sand, Carver and Plymouth sand and Dune land as per Suffolk county Soil survey.

 

In 1987 the ZBA granted a NRSP and pyramid variance for the construction of a residence, porch, swimming pool and an elevated wood stairway. A modification of the 1987 determination, filed February 15, 1989, made an allowance for a proposed elevated stairway to encroach on the 34 ft. contour line but nothing else.

 

A building permit was issued in 1989 for the construction of the residence, porch and swimming pool. For 26 years since the building permit was issued, this parcel has remained vacant. Renewals of the building permit and extensions of time for the ZBA determination have been attained.  In 2015 construction of the project commenced.

 

All existing and proposed structures are depicted on the George Walbridge Surveyors survey dated revised February 18, 2016 and received by the Board on February 24, 2016. Construction protocol and plans for the stone stairway and retaining wall by Fleetwood and McMullen Architects, dated revised January 5, 2016 were received by the Board on February 24, 2016.

 

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

 

The determination rendered in 1987 is 28 years old and conditions within the Town have changed over the years. The Board granted the pyramid variance on the north side of the proposed dwelling in order to maximize the setback from the top of the bluff so that it would not require a variance for the minimum 15 ft. rear yard setback.  The Code has changed since 1987. According to the current Code the parcel now has two front yards and consequently different minimum lot line setbacks than it had in 1987. Although the house has not been fully constructed yet, it can be considered pre-existing non-conforming to front yard setbacks. Conceivably the character of the neighborhood has changed as well over the last 28 years.

There appear to be multiple issues on the property. The determination stated that no work was to be conducted below the 34 ft. contour line. A modification of the 1987 determination, filed February 15, 1989, made an allowance for a proposed elevated stairway to encroach on the 34 ft. contour line but nothing else. A project limiting fence was to be installed prior to commencement of work.  To date, there is no project fencing outlining the permitted area of disturbance. It appears there are at least two pipes presumably coming from the house that outlet onto the steep slopes. The applicant should explain what these pipes are for and why they outlet onto the steep slopes where run-off, flooding at the base of the hill, and erosion may be issues.

Leaders and gutters and drywells were not recommended in the 1987 determination because of the rapid permeability of the soil type present. However, it appears more of the bluff has been cleared of its vegetation than was permitted and there are the two pipes that exit onto the steep bluff slope mentioned above that are of concern. The owner is responsible for controlling drainage on his property. Methods that might include leaders and gutters into drywells to control drainage and erosion might have to be considered.

In the determination it states that the swimming pool shall be placed in the alternative location proposed in the EAF Part II and that a retaining wall will not be required. (The determination and sketch will be provided under another cover). Most of a retaining wall has already been installed and the applicant is proposing in this application to extend the retaining wall to the eastern edge of the property.   However, it should be noted that the retaining wall is about 35 ft. south of the house and clearing has occurred to 60 ft. south of the house as indicated on the survey and the clearing appears to go beyond the 34 ft. contour line. The approved sketch in the determination had the project limiting fence placed 15 ft. south of the approved proposed house and pool envelope. The most recent survey submitted to the Board does not depict a proposed swimming pool. A building plan submitted for the construction of the stone walkway and retaining wall (received by the Board on February 24, 2106) does depict a swimming pool and where there is to be a project limiting fence. It is difficult to parse out what is new and what is old when additions/alterations have been made to old plans.

 

The applicant is before the Board for a front yard variance for a porch and a NRSP to extend a retaining wall, and build a stone pathway from the house down the bluff to Cliff Rd. It is difficult for the Planning Department to analyze the 28 year old determination and 27 year old building permit in the context of current site conditions. As sited above there are multiple issues on the property. The house now exists in a non-conforming location in regard to front yard setbacks. The front porch variance appears to be the minimum necessary. However, a retaining wall extension onto a retaining wall that should not have been built in the first place is another matter. The retaining wall may be beyond the area of disturbance outlined in the sketch attached to the determination. The clearing appears to have gone beyond the 34 ft. contour line.  No revegetation plan as requested by the Planning Department has been submitted for the area disturbed by the installation of the stone walkway or for the area on the bluff south of the retaining wall. The Board and the applicant should also discuss drainage on the property. Perhaps leaders and gutters into drywells may be prudent given the disturbance and clearing of the bluff.

The Board must determine if the project complies with the Natural Resources Special Permit standards in order to issue a NRSP permit.

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 variance. The Board must determine whether the variance sought is the minimum necessary.

 

Recommended Project Conditions:

 

a.              Project limiting fencing should be erected to limit land disturbance in the location depicted on the George Walbridge Surveyors survey dated February 18, 2016.

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

c.              The clearing of vegetation and grading should be strictly limited to a boundary established by the Board and the elevations depicted on the approved survey.

d.              The areas disturbed by construction activities of the retaining wall and stone pathway should be revegetated with native woody shrubs appropriate to the habitat.

e.              The applicant should submit a revegetation plan with the appropriate native species, sizes and spacing for the Board to review.  Approval of the revegetation plan should be acquired prior the issuance of a building permit for the stone walkway and retaining wall extension.

f.              The establishment of turf, lawn, sod or ornamental vegetation should be prohibited south of the retaining wall and along the stone pathway to Cliff Rd.

g.              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.              Michael Hoeh

              TIME:              7:30:00 PM              APPLICANT: Michael Hoeh

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

              DESCRIPTION:              To demolish an existing one story residence and construct a new 3,408 sq. ft.               two-story residence, swimming pool with decking and patio, sanitary system and driveway

              on a parcel of land containing wetlands and surface waters.

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

              ZONING DISTRICT:              B Residence, AE Flood Zone, elevation 8' & X Flood Zone

              SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memorandum

 

              Lead Agency:              (not applicable)

              Planner:              Brian Frank

              Date completed:              3/10/2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              26 Bay Inlet Road              Subdivision

              School District:              Springs              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:                  Variance: XX

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

              Applicant:              Michael Hoeh              Special Permit: XX

              C/o Joel Halsey              Other:

              PO Box 5030

              Montauk, NY  11954

              Telephone:              (631) 668-7332

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

              Zone

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

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

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

Project Description:

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

 

Relief:

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

 

Property Conditions and History:

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

 

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

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

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

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

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

III.              WORK SESSION:

IV.              BOARD DETERMINATIONS:

A.              Seth Leist

SCTM# 300-176-1-18

 

8 Pine Way, Amagansett, NY

 

Request from Farrell & Fritz to re-open the Leist Public Hearing

V.              BOARD DECISIONS:

A.              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. Public Hearing held April 25th 2017 - Public Hearing and written record was closed.

B.              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. Appeal heard April 25th 2017 - Public Hearing closed - record left open till May 9th 2017 for Mr. Kelley to respond to Affidavits submitted.

C.              Gary Symansky

SCTM# 300- 28-2-26

A Natural Resources Special Permit pursuant to Section 255-4-20 of the East Hampton Town Code and one variance is required for this project. One variance of 4 ft., from Section 255-4-30 of the Town Code, is required to allow the shed to remain 96 ft. from freshwater wetlands where a 100 ft. setback is required, and any other relief necessary. Project description to allow an approximately 96 sq. ft. shed to remain within jurisdiction and setbacks of freshwater wetlands. Public Hearing held May 2nd 2017 Public Hearing and record closed.

VI.              MINUTES APPROVAL:

A.              Minutes of May 16th 2017

VII.              RESOLUTIONS