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 August 1, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

6:30 PM Meeting called to order on August 1, 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.              WITHDRAWN APPLICATION

Andrew P. Kraus -

A.              Andrew P. Kraus

Tax Map Number: 300-100-02-15.10             

Applicant:                            Andrew P. Kraus                                                             

                                          C/O Gerard E. Meyer, Architect                              

                                          14 Covert Avenue

                                          Stewart Manor, NY 11530-2219

III.              SCHEDULED PUBLIC HEARINGS:

A.              Kenneth Brabant

              TIME:              6:30:00 PM              APPLICANT:              Kenneth Brabant

              SIZE/LOCATION:              20,000 sq. ft., 51 Lincoln Ave., Montauk Manor, Section 4, Block 50, lots 31-40.,

              Springs (300-058-08-9.1)

              DESCRIPTION:              To allow an approximately 1,700 sq. ft. brick pool patio to remain within rear yard lot

              line setbacks.

              RELIEF SOUGHT:              One variance of 6.1? from ?255-11-10 of the Town Code is required to allow the brick

              pool patio to remain 13.9? from the rear yard lot line where a 20? 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:              Tyler Borsack

              Date completed:              April 20, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              51 Lincoln Ave.              Subdivision

              School District:              Springs              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:    N/A              Variance                     XX

              Tax Map Number: 300-058-08-9.1              Natural Resources

     Applicant:                            Kenneth Brabant                                                           Special Permit   

                                          51 Licoln Ave.                                                           Other: 

                                          Springs, NY 11937

             

              Telephone:                            631-329-3990

              FEMA ZONE:              X Flood Zone

              Soil Type:              Montauk loamy sand, sandy varianct, 0 to 3% slopes (MnA)

              Map of Property:              Montauk Manor, Section 4, Block 50, lots 31-40.

              Size of Parcel:              20,000 sq. ft. (total)

 

Project Description: 

To allow an approximately 1,700 sq. ft. brick pool patio to remain within rear yard lot line setbacks.

 

Relief Requested:

One variance of 6.1? from ?255-11-10 of the Town Code is required to allow the brick pool patio to remain 13.9? from the rear yard lot line where a 20? setback is required, and any other relief necessary.

 

Property Conditions and History:

The parcel is currently improved with a two story residence with swimming pool, brick patio, and shed. All of the structures are depicted on the Saskas Surveying Company, P.C. survey dated revised May 25, 2016. The most recent C.O. was issued in 2004 for a ?439 sq. ft. second floor addition to existing one family residence; and 120 sq. ft. wood decking.? This parcel has not appeared before the Zoning Board previously.

 

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

The property before the Board is located on Lincoln Avenue, in Springs. The applicant is currently before the Board for approval to allow the existing brick patio around the swimming pool to remain within rear yard lot line setbacks.

 

The swimming pool on the property was constructed sometime after a 2011 building permit was issued for a 560 sq. ft. vinyl swimming pool with proper fencing and dry well and before 2013 when aerial images were taken. The brick patio was also constructed during this time period, presumable concurrent with, or just after, construction of the swimming pool. The swimming pool meets the required 20? setbacks form the rear yard lot line and the majority of the brick patio meets the setback as well.  There is a line of vegetation along the rear yard lot line that partially screens the patio from the neighboring property to the south.

 

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 applicant needs to show that the proposed project will not create a detriment to nearby properties, that the benefits cannot be achieved by some other method, that the project is not substantial, and will not have an adverse impact on the physical or environmental conditions.

 

 

Recommended Project Conditions:

 

1.              N/A - existing structure

B.              Daniel and Jennifer Salsedo

              TIME:              6:50:00 PM              APPLICANT:              Daniel and Jennifer Salsedo

              SIZE/LOCATION:              22,833 sq. ft. (total), 29 Cosdrew Ln., East Hampton Knolls, lot 95, map # 3561, East

              Hampton (300-156-04-21)

              DESCRIPTION:              To allow a 160 sq. ft. shed with roof overhang to remain within, and extend over, the

              front yard lot line setbacks and outside of the Towns pyramid regulations.

              RELIEF SOUGHT:              Four variances are required for this application. Two variances of 24.5? and 30? from

              ?255-11-10 of the Town Code are required to allow the shed to remain approximately

              5.5? and roof overhang to remain 0? from, and extend over, the southeastern front yard

              lot line setbacks where 30? is required. Two variances of approximately 1? and

              approximately 8? from ?25511-72D are required to allow the shed and roof overhang to

              remain outside of the Towns pyramid regulations, 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:              April 14, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              29 Cosdrew Ln.               Subdivision

              School District:               East Hampton              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     Water Recharge Overlay District              Variance              XX      

              Tax Map Number: 300-156-04-21              Natural Resources

     Applicant:                            Daniel and Jennifer Salsedo                                             Special Permit   

                                          29 Cosdrew Lane                                                          Other: 

                                          East Hampton, NY 11937

             

              Telephone:                            631-329-6111

              FEMA ZONE:              X Flood Zone

              Soil Type:              Carver and Plymouth sands, 15-35% slopes (CpE);

              Map of Property:              East Hampton Knolls, lot 95, map # 3561

              Size of Parcel:              22,833 sq. ft. (total)

 

Project Description: 

To allow a 160 sq. ft. shed with roof overhang to remain within, and extend over, the front yard lot line setbacks and outside of the Towns pyramid regulations.

 

Relief Requested:

Four variances are required for this application. Two variances of 24.5? and 30? from ?255-11-10 of the Town Code are required to allow the shed to remain approximately 5.5? and roof overhang to remain 0? from, and extend over, the southeastern front yard lot line setbacks where 30? is required. Two variances of approximately 1? and approximately 8? from ?25511-72D are required to allow the shed and roof overhang to remain outside of the Towns pyramid regulations, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with a two story residence with second story decking, attached garage, swimming pool with brick patio, driveway and two sheds. The most recent certificate of occupancy was issued in 1995 for a ?Split-Level, frame, 1-Family Residence, having 1 Kitchen only, with 2nd Story Deck, 1-Story, Frame Attached Garage & Sheds.? This property has not appeared before the ZBA previously.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is located between Cosdrew Lane and Ancient Highway, in East Hampton. The applicant is before the Board for approval to allow an approximately 160 sq. ft. shed with roof overhang to remain within front yard lot line setbacks to Ancient Hwy and outside of the Towns pyramid regulations. The overhanging roof does extend slightly beyond the property line.

 

The shed itself is located approximately 5.5? from the southeastern property line with the roof overhang extending up to and slightly over the property line. The shed extends 1? beyond the pyramid line with the roof overhang extending 8? beyond the pyramid line.

 

According to aerial images, a shed has been in this location since at least 2001. It appears to have been modified to some degree, either with an entirely new shed or a new roof, at one or more points in time and the roof overhang portion appears to have been added more recently.

 

The property before the board has two front yards, bordering on Cosdrew Lane to the northwest, which they take access from, and Ancient Hwy. to the southeast. Ancient Hwy. is a partially opened road right-of-way which would be better described as a driveway in the area adjacent to the applicant?s property. While this is a front yard lot line the Board may want to examine if conditions of the subject and surrounding properties are unique enough to justify the variances considering how significant they are from a front yard lot line. The Board may also want to examine granting partial relief.

 

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 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.              N/A - existing structure

C.              The Adam Wade Potter Revocable Trust

              TIME:              7:30:00 PM              APPLICANT:              The Adam Wade Potter Revocable Trust

              SIZE/LOCATION:              19,280 sq. ft., 155 Three Mile Harbor Road, Springs (300-094-01-11)

              DESCRIPTION:              To remove the existing residence and associated structures and to construct a 3,041

              sq. ft. residence with 1,152 sq. ft. of covered and screened porches, a 558 sq. ft. blue

              stone patio, a 240 sq. ft. roof deck, and new sanitary system within setbacks and

              jurisdiction of bluffs and tidal wetlands.

              RELIEF SOUGHT:              Five variances from the East Hampton Town Code and a Natural Resources Special

              Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this

              application. Variances of 27.5, 49?, and 33? are required from ?255-4-30 of the Town

              Code to construct the residence 72.5?, patio 51?, and covered porch 77? from tidal

              wetlands where 100? setbacks are required. One variance of 64? is required from ?255-

              3-75B of the Town Code to construct the new sanitary system 136? from tidal wetlands

              where a 200? setback is required. Finally, a 25? variance is required from ?255-4-40 to

              construct the proposed patio 25? from the bluff crest where a 50? setback is required,

              and any other relief necessary.

              ZONING DISTRICT:              A Residence Zone X Flood Zone

              SEQRA CLASS:              Type II

10/25/2016

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              September 20, 2016 (updated 04/27/17)              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              155 Three Mile Harbor Road              Subdivision

              School District:              Springs              Special Permit

              Zoning District:              A Residence              Zone Change

              Overlay District:     Harbor Protection Overlay District (HPOD)              Variance                     XX

              Tax Map Number: 300-094-01-11              Natural Resources

     Applicant:                            The Adam Wade Potter Revocable Trust                 Special Permit   XX

                                          C/O Denise R. Schoen, Esq.                                                           Other:

                                          9 N. Main Street, Suite 2

East Hampton, NY 11937

             

              Telephone:                            631-604-6600

              FEMA ZONE:              X Flood Zone, VE 8 Flood Zone

              Soil Type:              Plymouth loamy sand, 8 to 15% slopes (PlC)

              Map of Property:              N/A

              Size of Parcel:              19,280 sq. ft. (total)

 

Project Description:

To remove the existing residence and associated structures and to construct a 2,888 sq. ft. residence with approximately 900 sq. ft. of covered and screened porches, a 160 sq. ft. roof deck, and new sanitary system within setbacks and jurisdiction of bluffs and tidal wetlands.

 

Relief Requested:

Three variances from the East Hampton Town Code and a Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this application. Variances of 24.5? and 21.1? are required from ?255-4-30 of the Town Code to construct the residence 75.5? and covered porch 78.9? from tidal wetlands where 100? setbacks are required. One variance of 63? is required from ?255-3-75B of the Town Code to construct the new sanitary system 137? from tidal wetlands where a 200? setback is required, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with an approximately 1,330 sq. ft. two story residence with wood decking, and sanitary system. There is no C.O. on file. The property has not appeared before the Zoning Board previously.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is located on Three Mile Harbor Hog Creek Highway in Springs.  The applicants are requesting approval to remove the existing 1,330 sq. ft. two story residence and associated structures and construct a new 2,888 sq. ft. two story residence with porches, roof deck, and new sanitary system within jurisdiction of tidal wetlands and bluffs.

 

The existing residence on this property is located approximately 38?, the existing deck 30?, and existing sanitary system, which may only contain a single leaching pool, 41? from the tidal wetlands of Three Mile Harbor. The residence includes a 1,083 sq. ft. first floor with a 220 sq. ft. partial second story. The proposed improvements would be increasing the building coverage on the property from the existing 1,413 sq. ft. (7.9%) to 2,568 sq. ft. (13.3%) and the total lot coverage from 2,474 sq. ft. (13.7%) to 3,200 sq. ft. (16.6%).

 

The residence is proposed to be constructed 75.5? from the tidal wetlands of Three Mile Harbor. The proposed residence consists of a 1,622 sq. ft. first story, a 1,266 sq. ft. second story, and a 1,100 sq. ft. finished basement. The residence also is proposed to have a 300 sq. ft. covered porch, a 600 sq. ft. covered porch, a 160 sq. ft. roof deck, and a new sanitary system 137? from the tidal wetlands. The sanitary is proposed in the most conforming location available on the property. It should be noted that since the property is located in the Harbor Protection Overlay District (HPOD), any additions to the existing residence would require a sanitary system upgrade, which would likely be the exact system that is proposed in this application given the limited options available for sanitary locations. There is limited space available on this property that is outside of wetland setbacks, and very little on the property is outside of NRSP jurisdiction. The property is preexisting nonconforming to the Towns clearing regulations and is nearly entirely cleared.

 

The property that is before the Board is contiguous with the waters of Three Mile Harbor.  Three Mile Harbor is approximately 1,270 acres in size, consisting of 1,070 acres of open water.  The Harbor is a New York State Significant Fish and Wildlife Habitat and part of the Peconic Estuary Critical Environmental Study Area.  The harbor provides important habitat for over wintering waterfowl and fish.  Any activity that would degrade the water quality of Three Mile Harbor would adversely impact the biological productivity of the area. It is also noted in the Town?s adopted Local Waterfront Revitalization Plan (LWRP) that the Harbor?s waters are stressed by increasing shoreline development, boat and water sport use, and runoff from roads, drainage and septic systems in the immediate Three Mile Harbor area. The harbor is extensively used for commercial and recreational water dependent activities and its overall health and productivity are intrinsic to the economic well-being of the Township.

 

The Planning Department recommends denial of this application as it currently proposed. The proposed residence is very large for such a small, constrained property, with very little mitigation offered, or even available. The Planning Department feels that this application does not meet the variance standards and is a poor candidate for approval. While not held to the 50% cap, ?255-8-60 of the Town Code, for a new residence, using those calculations can help guide what might be an appropriate size for a new residence on this property. Utilizing the 50% expansion cap would yield an approximately 1,995 sq. ft. gross floor area. The proposed residence?s first floor alone is 1,622 sq. ft., nearly reaching the 50% expansion of the existing residence without taking the second story into consideration. The proposed gross floor area for the new residence is approximately 117% larger than the existing residence. On any property of this size in the Town, the maximum gross floor area would be 3,914 sq. ft. However, the maximum gross floor area regulations do not take into account wetland setbacks, bluff crest setbacks, or NRSP jurisdiction. Instead, the Zoning Board must consider environmental constraints when deciding the maximum gross floor area that is appropriate for a constrained lot. The residence is also proposed to have a full basement with finished floor area of 1,100 sq. ft. and this area is not included in gross floor area calculations.

 

It is the Planning Department?s opinion that the application would cause an undesirable change in the character of the neighborhood. This is an area of town that has not had any significant redevelopment in recent years and this project will likely set the bar for future redevelopments of similar properties in this area, and in the Three Mile Harbor area in general. As the Board is required to treat similar properties similarly, it would be difficult to deny a similar sized residence on the similarly constrained lots in the neighborhood, many of which have not seen any ZBA applications for many years. The benefits to the applicants can be achieved by other feasible methods, namely a more reasonably sized residence, when compared to the constraints on the property, with a more compact footprint. The applicants are proposing 3 bedrooms in the residence. A 3 bedroom house could be designed to meet the needs of the applicant without such a large footprint and total gross floor area.

 

The Planning Department believes that the variance requests are substantial when viewed in conjunction with the size of the lot and the size of the redevelopment and that the variances will have an adverse effect on the environmental conditions, namely on the water quality of Three Mile Harbor. This property is a flag lot that is more constrained than the majority of the properties to its north thatoccupy the full space between the harbor to the west and the road to the east. Those lots have room to move the residences and sanitary systems much further back from the harbor. Finally, the variances are self-created as the property, according to the application, was purchased in 2015 where full knowledge of the constraints of the property would have been available.

 

The Planning Department would recommend utilizing the 50% cap in the Town Code as a target for a redevelopment of this property. Even utilizing the same footprint as the existing residence in a more conforming location while adding a second story would yield an approximately 2,166 sq. ft. residence. As it is currently proposed, the residence is far too large for a property as constrained as the subject parcel and would set a bad precedent for future redevelopment in the area.

 

The applicants have taken the recommendations in the previous assessment on the application into consideration and have added a 50? revegetation and scenic easement buffer to the edge of the tidal wetlands. This easement and revegetation will help to protect Three Mile Harbor by attenuating runoff from the property and helping to intercept non-point pollutants such as sediments, suspended and dissolved solids, nutrients associated with fertilizers and other chemical compounds that adversely affect the water quality. The root systems of the vegetation would help to stabilize the soil, minimizing the risk of erosion from precipitation and help to retain and dissipate water during periods of flooding. These proposals would help to offset some of the impacts from the larger residence. The applicants have also removed a proposed patio on the seaward side of the residence removing several variances associated with it.

 

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 variances. 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.

 

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

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

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

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

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

 

 

 

Recommended Project Conditions:

 

1.              Sediment control fencing consisting of staked straw bales or silt mesh fencing shall be erected along the line marked as Zone X flood zone on the approved. 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.              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 parcel should be revegetated in accordance with the species, sizes and spacing indicated on the ?proposed re-vegetation plan? received on March 17, 2017 prior to the issuance of a building permit.  The revegetation should be completed prior to the issuance of a certificate of occupancy.

4.              A scenic easement shall be established in the area shown 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.

5.              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.

6.              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.

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

8.              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.

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

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

D.              Joseph Scalia

              TIME:              7:50:00 PM              APPLICANT:              Joseph Scalia

              SIZE/LOCATION:              12,000 sq. ft., 10 Bayberry Lane, Map No. 4694; Map of Hampton Dunes Lot No. 99,

              Amagansett (300-176-01-08)

              DESCRIPTION:              To allow the 1,695 sq. ft. existing residence and shed to remain, to install new decking

              around the existing pool and install a new sanitary system on a parcel of land within

              Natural Resources Special Permit jurisdiction

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

              ZONING DISTRICT:              B Residence, AE Flood Zone, elevation 10

              SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner: Lisa D?Andrea             

              Date completed:              April 26, 2017              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              10 Bayberry Lane               Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District              Variance             

              Tax Map Number: 300-176-01-08              Natural Resources

     Applicant:              Joseph Scalia                                                                 Special Permit  XX

                         c/o Joel Halsey

                         PO Box 5030

                         Montauk, N.Y. 11954                                                                                      

              Telephone: (631) 668-7332

              FEMA ZONE:              AE10

              Soil Type: Dune land (Du)

Map of Property:              Map No. 4694; Map of Hampton Dunes Lot No. 99

              Size of Parcel:  12,000 sq. ft.

 

Project Description:   To allow the 1,695 sq. ft. existing residence and shed  to remain, to install new decking around the existing pool and install a new sanitary system on a parcel of land within Natural Resources Special Permit jurisdiction

 

 

Relief Requested: A Natural Resources Special Permit pursuant to ? 255-4-20 of the Town Code

 

Property and History:

 

A 1,445 sq. ft. two story residence with 628 sq. ft. of decking and a 480 sq. ft. pool was constructed prior to zoning. In 1993 a building permit was issued for a shed. The most recent Certificate of Occupancy was issued September 20, 1993.

On November 16, 2016 a building permit was issued to build 500 sq. ft. interior renovation. On January 13, 2017 a building permit was issued for construction of a 80 sq. ft. shed and a 216 sq. ft. covered porch.

 

All existing and proposed structures are depicted on a Barylski Land Surveying survey dated revised April 19, 2017. Revised building plans by TF Engineering, PLLC were received March 23, 2017.

 

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

 

A building permit was issued in 2016 to build 500 sq. ft. of interior renovations that was deemed by the Building Department not to need a NRSP. Also, a building permit was issued on January 13, 2017 to build an 80 sq. ft. shed and a 216 sq. ft. covered porch that was deemed not to need a NRSP.  According to the plans submitted with the building permit, the ?covered porch? was actually to be a 216 sq. ft. covered patio with an outdoor kitchen to be located south of the pool. (The survey and sketch will be sent under another cover).

However, it appears that during the construction process the project changed and a new roof and decking attached to the house were constructed within wetland jurisdiction that do require a NRSP. Exterior renovation of the house also took place.  The removal of the existing pool deck and construction of a new pool deck require a NRSP.

The property lies within AE10 Flood Zone. The base first floor elevation of the house does not meet current FEMA requirements.  In order to determine whether the house is required to meet FEMA base floor elevations an appraisal was requested. The appraisal by Daniel Fortunato, Architect, P.A. dated February 17, 2017 was received by the Board on March 3, 2017. According to the appraisal, the cost of improvements do not exceed 50% of the market value of the house and therefore the house does not have to meet FEMA base floor elevation requirements for AE10 Flood Zone.

The existing decking around the pool was removed as was a shed and walkway.  Three new decks were constructed next to the house. The walkway has been reconfigured. These changes took place within wetland jurisdiction without the benefit of a NRSP or building permits. At one point during this application process, a survey was submitted to the files indicating that there would be no decking around the pool.   The Planning Department wanted to know what was intended to go around the pool. Apparently the applicant wanted to establish a turf lawn around the pool. The applicant was apprised that establishment of turf lawn would not be permitted.  Consequently, a new deck around the pool has been designed and is depicted on the most recent survey submitted to the file. It was received by the Board on April 19, 2017.

The existing sanitary system consists of a cesspool without a septic tank. The applicant is now proposing to install a new sanitary system south of the pool. It will require a retaining wall. The new system will be greater than 150 feet from the wetland and will improve the environmental conditions on the property. The Board should ask the applicant if he still intends to construct a covered 216 sq. ft. patio with an outdoor kitchen and where he would do that. It is not depicted on the most recent survey submitted to the file.

The construction of the new decks and the new roof is well beyond the minimum 100 ft. wetland setback.  Two of the new decks attached to the house are out of NRSP jurisdiction.  Overall building coverage and total coverage have been reduced. This project is one that may have qualified for administrative review where precautions during the construction process to protect the northeast portion of the property deemed to be dune land with beach vegetation could have been taken.  Unfortunately, work has occurred on site beyond what the building permits were issued for and construction began on structures located within NRSP jurisdiction without proper permits. This has resulted in impacts to existing duneland.    The applicant was asked by the Planning Department to clean up the debris in this area and he has done so.  The Planning Department recommends that revegetation be required of all areas disturbed by construction activities. 

The Board must determine if the project complies with the Natural Resources Special Permit standards of ? 255-5-40 in order to issue a NRSP permit.

 

Recommended Project Conditions:

 

a.              Project limiting fencing consisting of 4? plastic safety or snow fence should be erected in the location depicted on the attached Planning Department sketch dated April 26, 2017 to limit the clearing of vegetation and land disturbance.  The fencing shall be maintained for the duration of construction activities and replaced as necessary when damaged, dislodged, deteriorated or upon request of the Building Department or a delegate of the Zoning Board of Appeals. 

b.              A revegetation plan that indicates the locations, species, size and spacing should 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.

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

d.                The house 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.

e.              The Dune land soils excavated for the new sanitary system should be retained on site and used for backfill and top dressing to facilitate the retention of the dune land character and the recolonization of disturbed areas with indigenous dune land species.

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

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              David Oberg

SCTM# 300-32.1-1-245

100 DeForest Road, Unit 807 Montauk

 

Extension of Time requested to receive a Building Permit.

 

B.              Christopher Winkler

SCTM# 300-19-6-7.3

37 Freemont Road, Montauk

 

Construction completed - Extension of Time requested to obtain a Certificate of Occupancy.

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Marisa Bastin

SCTM# 300-175-2-18

 

11 Cliff Road, Amagansett

 

Natural Resources Special Permit - Pool

 

VII.              BOARD DETERMINATIONS:

VIII.              BOARD DECISIONS:

A.              Joseph & Courtney DeSena

SIZE/LOCATION:              17,187 sq. ft. (total), 137 Edgemere Street, Montauk (300-028-04-02)

DESCRIPTION:              To demolish an existing residence and construct a new 3,525 sq. ft. two-story

              residence, sanitary system, swimming pool with decking and to replace two floating

              docks with a new 4? x 20? fixed dock on a parcel of land containing surface waters.

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

              255-4-30 (minimum wetland setbacks) of the Town Code and any other relief

              necessary.  The following variances are required: (1) a 12.2? variance is required to

              allow the swimming pool and associated patio to be constructed 87.8? from wetlands

              where a 100? setback is required and (2) a 10? variance is required to locate the sanitary

              leaching pool approximately              190? from the shoreline wetlands where a 200? setback is

              required.  The new residence has been proposed 110? from the wetlands.

ZONING DISTRICT:              B Residence Zone X Flood Zone

SEQRA CLASS:              Type II

B.              Montauk Properties

SIZE/LOCATION:              51,308 sq. ft., 183 Edgemere Street, N/A, Montauk (300-027-03-14)

              DESCRIPTION: To legalize a number of already-built accessory structures and additions, install a new

sanitary system, install new drainage, and modify the lighting and landscaping.

              RELIEF SOUGHT:              A Natural Resources Special Permit (NRSP) pursuant to section 255-4-20 of the Town

Code. A total of twenty-one (21) area variances are requested. Ten (10) variances are requested from the minimum wetland setbacks of Section 255-4-30 of the Town Code and eleven (11) variances are requested from the minimum yard setbacks of Section 255-11-10 of the Town Code, and any other relief as may be necessary.             

ZONING DISTRICT:              B Residence Zone X Flood Zone

SEQRA CLASS:              Type II


C.              Tonina Abplanalp

SIZE/LOCATION:              29,828 sq. ft. (approx. upland total), 319 East Lake Drive, Montauk (300-007-02-06, 300-013-01-02)

              DESCRIPTION: The reconstruction of a 4? x 112? fixed dock and 4? x 20? access ramp on a parcel of land containing tidal wetlands, beaches, coastal bluffs and surface waters.

RELIEF SOUGHT:              A Natural Resources Special Permit (NRSP) pursuant to ? 255-4-20 of the Town Code.ZONING DISTRICT: A Residence X Flood Zone (upland)

SEQRA CLASS: Type II

IX.              MINUTES APPROVAL:

A.              July 25th 2017

X.              RESOLUTIONS

A.              American Legion Post 419

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

AMERICAN LEGION POST 419

SCTM #300-170-02-01

_____________________________________

HEARING DATE:              June 20, 2017

                                

PRESENT:                            JOHN P. 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 SAVARESE, Legislative Secretary

                                          JAMES KOMMER Planner

                                          WILLIAM J. FLEMING, ESQ., Agent for Applicant

                                          TONY GANGA, American Legion Post 419

                                         

                     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 Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION:

              To allow a 13.5? tall, 414 sq. ft. monument to be constructed within front yard setbacks.

    

2.              RELIEF OR APPROVAL SOUGHT:

Variances from ? 255-11-10 (Table III) and ?255-11-72D (Pyramid) of the Town Code are required, and any other relief necessary.  The following variance is required: (1) A 66? variance is required to allow the construction of a monument 14? from the southern (front yard) lot line where an 80? setback is required.

 

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE: 208,295 sq. ft. (total) 

2.              STREET LOCATION: 535 Abraham?s Path

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Amagansett

5.              FILED MAP NAME: N/A

6.              FILED MAP NUMBER: N/A

7.              DATE OF MAP FILING: N/A

8.              BLOCK NUMBER IN FILED MAP:  N/A

9.              LOT NUMBER IN FILED MAP:  N/A

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:#300-170-02-01

 

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: A 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 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 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.

 

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 property is improved with a one story building with paved parking, gravel parking, block garage, gazebo, one story dwelling with stone drive. The existing clearing predates the adoption of the vegetation protection ordinance. The most recent Certificate of Occupancy issued on the property was in 2013. All of the improvements can be found on the George Walbridge Surveyors, P.C. site plan dated last revised April 29, 2016 and stamped received by the Zoning Board March 8, 2017. The property appeared before the Zoning Board previously in May of 2000, requesting a setback variances for a gazebo. The variances were granted. 

 

2.              The applicant ?is seeking to locate a portion of steel from the World Trade Center destroyed on September 11, 2001 in a 36?x36? monument with a dedication and planting bed totaling 414 sq. ft. The steel monument with base shall be 13?5? tall. The monument area shall be surrounded by sidewalk up to the edge of the property and brick pavers on the north, east and west totaling 332 sq. ft. Four concrete benches are proposed of various sizes?? on the grounds of the American Legion Post 419 property in Amagansett. Situated on the front (south) lot line of the property on the northern side of Montauk Highway, the proposed monument requires a 66? variance to allow the construction 14? from the southern (front yard) lot line where an 80? setback is required.

 

3.              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.  The proposed monument, while a notable addition to the area, shouldn?t warrant high intensity use or result in local disturbance. Accessory structures in residential zones typically consist of sheds, garages, swimming pools, and other residential uses. Setbacks as per ?255-11-10 of the East Hampton Town code are in place to protect the character of the neighborhood, but excessive setbacks on a monument meant for the community would be counterintuitive to its purpose.  It must also be noted that no adjacent property owners spoke in opposition to the proposed variance either in writing or at the public hearing for this application.    

 

4.              The Board finds 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 Board finds a unique circumstance in the nature of the structure.  Steel from the World Trade Center has been used as memorials on public and private property, with over 80 installations on Long Island alone. A monument of this nature commemorates an event of national importance and could serve as a landmark in Amagansett. Displaying the monument in the location proposed is essential to provide proper viewing of the memorial.    

 

5.              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 applicant to request the area variances.  The monument will be in the best location on the subject parcel to allow the community to view the memorial.   

 

6.              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.  The subject parcel does not contain any sensitive wildlife habitats, unique landforms or bodies of water including wetlands. 

 

7.              The Board finds that the need for the variances is self-created.  The Board finds however, that although the need for the requested variances 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). 

 

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: 

Variances from ? 255-11-10 (Table III) and ?255-11-72D (Pyramid) of the Town Code are granted.  The following variance is granted: (1) A 66? variance is granted to allow the construction of a monument 14? from the southern (front yard) lot line where an 80? setback is required.

       

2.              DESCRIPTION OF WORK APPROVED:

              To allow a 13.5? tall, 414 sq. ft. monument to be constructed within front yard setbacks.

 

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 George Walbridge Surveyors, P.C., dated last revised April 29, 2017, and stamped received by the Zoning Board on March 8, 2017.

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  Photometrics Plan, prepared by Edward Armus Engineering, PLLC, dated last revised June 2017. 

 

3.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

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

b.              Applicant 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.

 

ALL CONCUR:

 

                            JOHN P. WHELAN, Chair                                                       

                            CATE ROGERS, Vice-Chair                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            DAVID LYS, Member

                            ROY DALENE, Member

                            THERESA BERGER, Member

 

Dated: August 1, 2017

 

cc:                Building Department

              Planning Department

              William Fleming, Esq.  

B.              15 Wainscott Hollow

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

15 WAINSCOTT HOLLOW ROAD, LLC

SCTM #300-196-01-8.10

_____________________________________

HEARING DATE:              June 6, 2017

                                

PRESENT:                            JOHN P. WHELAN, Chairman

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

TYLER BORSACK, Planner

                                          JEFFREY BRAGMAN, ESQ., Attorney for Neighbors

                                          JONATHAN TARBET, ESQ., Attorney for Applicant

                                          KENNETH GRANT, 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 Chairman Whelan of this Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION:

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

 

2.              RELIEF OR APPROVAL SOUGHT:

Two (2) variances of 14? and 10? from ?255-11-10 of the Town Code are required to construct the proposed tennis court 36? and 40? from the southern side yard and eastern rear yard lot lines, respectively, where 50? setbacks are required, and any other relief necessary.

 

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE: 70,808 sq. ft. (total) 

2.              STREET LOCATION: 15 Wainscott Hollow Road  

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Wainscott

5.              FILED MAP NAME: Wainscott Farm

6.              FILED MAP NUMBER: 8072

7.              DATE OF MAP FILING: March 10, 1986

8.              BLOCK NUMBER IN FILED MAP: N/A

9.              LOT NUMBER IN FILED MAP:  10

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:  #300-196-01-8.10

 

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: A2 Residence

2.              ZONING OVERLAY DISTRICT: Agricultural Overlay District

 

 

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 variances 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 variances necessary and adequate to alleviate the difficulty causing applicant to request area variances, 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 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 September 23, 2016 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.  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.

 

2.              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? 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 60?x111? to 55?x105?, and has relocated the court farther 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?, from a 40? to 36? 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? 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. 

 

3.              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?, 2.1?, and 9.3? in October of 2015. Servily/Evereteze (SCTM# 300-155-01-20.2) was granted approval of two variances of 24.7? and 8.7? in 2013. Finally, 225 Old Montauk Highway LLC (SCTM# 300-087-01-17) was granted a single 10? side yard variance from a property in common ownership in 2012.

 

4.              The Board finds that granting the requested variance does not cause an undesirable change to the character of the neighborhood or create a detriment to nearby properties.  The tennis court will be protected from outside views by high privet hedges and a wooded buffer.  Further, the southerly side of property boundary is separated from the next neighboring court by two flag lot access strips which effectively increases the setback of the court by an additional twenty feet from the nearest neighboring residences.  The neighbors to the east of the subject parcel has expressed support for the proposed project while the neighbor to the south has no objections. 

 

5.              The Board finds that the location of the tennis court, cannot be achieved by some method feasible for the applicant to pursue other than the requested area variances.  The parcel is encumbered by the location of the existing residence, swimming pool and scenic easements.  The tennis court will be installed in the best location for easy and safe egress, ingress and play.  Constructing the tennis court in a more conforming location will not further mitigate the visual or noise impacts of the court.  The Board finds that the benefit to the applicant outweighs any detriment which grant of the variances will cause to the general health, safety, and welfare of the neighborhood or the Town as a whole.

 

6.              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 applicants to request the area variances.  The tennis court will not have lighting or amplified music.  The subject parcel is relatively large and the tennis court will not be shoehorned on the property but constructed in the best location to minimize any potential noise or visual impact.    

 

7.              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.  The subject parcel does not contain any sensitive wildlife habitats, unique landforms or bodies of water including wetlands.  The existing scenic easement was designed to protect open space and scenic vistas throughout the agricultural area and will not be effected by the installation of the proposed tennis court.          

 

8.              The Board finds that the need for the variances is self-created.  The Board finds however, that although the need for the requested variances 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). 

 

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: 

Two (2) variances of 14? and 10? from ?255-11-10 of the Town Code are granted to construct the proposed tennis court 36? and 40? from the southern side yard and eastern rear yard lot lines, respectively, where 50? setbacks are required.

 

2.              DESCRIPTION OF WORK APPROVED:

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

 

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 Barylski Land Surveying, dated last revised September 30, 2016 and stamped received by the Zoning Board on October 20, 2016.   

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  N/A

 

3.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

a.              No soils shall be removed from the property. 

b.              The tennis court shall not be equipped with lighting or amplified music. 

c.              The privet hedge along the border with the adjacent agricultural reserve area shall be maintained. 

d.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the provisions of the paragraphs (b) and (c) above, 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.              Applicant shall apply for and obtain a building permit for the pool patio no more than thirty-six (36) months from the date of filing of this determination.

f.              Applicant 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.

 

ALL CONCUR:

 

                            JOHN P. WHELAN, Chairman

CATE ROGERS, Vice-Chair

                            DAVID LYS, Member

                            ROY DALENE, Member

                            THERESA BERGER, Member

 

 

Dated: August 1, 2017

 

cc:                Building Department

              Planning Department

              Jonathan Tarbet , Esq., Attorney for Applicant