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 October 24, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on October 24, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Chairman John P. Whelan

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Board Member Theresa Berger

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Board Member Roy Dalene

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Board Member Cate Rogers

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Board Member David Lys

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II.              CANCELLED PUBLIC HEARING:

A.              Michael Gioguardi

B.              Sunrise Tuthill LLC

III.              SCHEDULED PUBLIC HEARINGS:

A.              Farrell

APPLICANT:              Farrell

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

DESCRIPTION:              To construct a 4,647 sq. ft. two story residence, a 220 sq. ft. detached garage, 648 sq.

ft. pool with a spa, and a sanitary system on a parcel of land with wetlands.

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

relief necessary.

ZONING DISTRICT:              A10, Zone X Flood Zone

SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner: Lisa D?Andrea             

              Date completed:              7/5/17              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              5 Agnew Ave.              Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              A10 Residence              Zone Change

              Overlay District:                  Variance             

              Tax Map Number: 300-032-06-9.2              Natural Resources

     Applicant:                 Farrell                                                                         Special Permit XX

                           Due East Planning                                                                           

                             c/o Katie Osiecki

                           PO Box 4144

                           East Hampton, NY, 11937                                                                                                                                                                          

              Telephone:              (631) 604-6288             

              FEMA ZONE:              Flood Zone X

              Soil Type: Montauk fine loamy sand 3-8% slopes (MfB);              Montauk fine loamy sand 8-15%  slopes (MfC)

              Map of Property:             

              Size of Parcel: 50,041 sq. ft. total

 

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

 

Relief Requested: A Natural Resources Special Permit pursuant to ?255-4-20 of the Town Code and any relief necessary.

 

Property and History:

The premises are vacant and densely vegetated and contain approximately 4,785 sq. ft. of wetlands. There are also wetlands on the other side of Agnew Ave. and east of Caswell Rd.

 

The parcel is located within the Montauk Association Historic District. Approval for the proposed project was attained from the Architectural Review Board on October 27, 2016.

 

Stage 1A and 1B Archaeological surveys were conducted on the property. No prehistoric or historic period artifacts or features were encountered during the 1B Archaeological survey and  further archaeological investigation was not recommended.

 

All existing and proposed structures are depicted on a Steven Barylski  Land Surveying survey dated revised June 22, 2017.  The Farrell Residence Building Plans by Farrell Building Co. (8 pgs.) dated revised July 18, 2016 were received by the Board on November 1, 2016. The Farrell Garage and Cabana Building Plans (3 pgs.) by Farrell Building Co. dated revised October 7, 2016 were received by the Board on November 1, 2016.

 

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

 

This property lies within the Lake Montauk Watershed and more specifically is in Montauk Subwatershed 7. A Subwatershed, as defined in the Montauk Watershed Management Plan, is ?considered to be a collection of catchment areas which share a common drainage into Lake Montauk?.  Subwatershed 7 is characterized as generating the most run-off within the entire Lake Montauk watershed for basically two reasons: it is large in size and it has almost a total absence of the sandy soil types necessary for good drainage.  Increased development increases the amount of total hard surface area.  As a result of increased hard surfaces stormwater runoff  volume increases and drainage patterns may be altered.  Overall water quality suffers from ever increasing nitrogen amounts and sediments that ultimately course their way into Lake Montauk.    It is this non-point pollution from this subwatershed and its tributary system that is most likely a significant contributing factor to the poor water quality and high pollution concentrations in the southern end of Lake Montauk.

The test hole bore data on this property indicate that below the shallow layer of topsoil is hard pan and blue clay. There are different types of hardpan, but they all share the general characteristic of being a distinct soil layer that is largely impervious to water.

 

The premises are vacant and have a New York State Department of Environmental Conservation (NYSDEC) Class 1 regulated freshwater wetland located on the western portion of the property. There are also Class 1 NYSDEC regulated wetlands to the north and southeast of the property. This wetland appears to be important for storm water attenuation within this area and constitutes an integral part of the natural environment, and more specifically, the hydrologic system.  The wetlands are an important component for the habitat of a variety of wildlife species.

 

It should be noted that in the northeastern section of the property there is an area of lower elevation that is highly disturbed and exhibits poor drainage. Apparently, standing water in this area is not unusual.  A Lot Inspection on the property in this particular area revealed three winterberry holly (Ilex verticillata) shrubs and a single swamp rose (Rosa palustris) growing in the tangle of other more upland vegetation. These plants frequently occur in wetlands and can be considered wetland indicators.   However, after a thorough examination, it was determined by the Planning Department that this area although poorly drained, slightly lower in elevation and containing some hydrophytic vegetation did not meet enough of the criteria to be classified as a wetland.  However, this area remains of concern because of its poor drainage.  The northern portion of the house will be in this area.  The applicant needs to assure the Board that with the intensity of development in this area that drainage issues will not be exacerbated and that adequate measures have been taken to address runoff on the property.

 

The applicant has agreed to place a scenic easement over the wetland that would include a  buffer to the wetland. The wetland is approximately 4,785 sq. ft. and the scenic easement will cover approximately 14, 162 sq. ft.  The scenic easement will help to assure the future protection of the wetland located to the west by establishing a protected vegetative buffer over and around the wetland.  This scenic easement will help offset the increase in intensity of use of the parcel and is important mitigation that provides multiple environmental benefits.  The scenic easement will protect a high quality habitat for native plants and wildlife thus serving as a native refuge that will help to offset the impacts of the proposed clearing and construction.

 

It appears that the NYSDEC has issued a permit for the project. As a condition of approval a permanent four foot high split rail fence was required. This split rail fence, presumably, was to delineate and prevent further disturbance to the land between the building envelope and the wetlands.   According to the Town Code, the split rail fence would have required a wetland setback variance from the ZBA.  It appears the NYSDEC has approved a ?vegetative fence? which will consist of Eastern Red cedars (Juniperus virginiana) planted 5 ft. on center in lieu of the split rail fence.  The location of the ?fence? of trees is depicted on the Steven Barylski survey dated revised June 22, 2017 and received by the Board on June 26, 2017. The Planning Department applauds this vegetative fence as a further deterrent to clearing, disturbance or establishment of turf lawn near the wetlands.

 

The residence being proposed is considered, according the Suffolk County Health Department (SCHD), an 8 bedroom house and will require a 2000 gallon septic tank.  It is a large house with a 4,647 sq. ft. GFA. The footprint or building coverage has been minimized with the design of a two story residence. Overall, the design of the project has been to consolidate the structures in an area that meets the minimum wetland setbacks.

 

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.              Sediment control fencing consisting of staked straw bales shall be erected concurrent with the clearing depicted on the Steven Barylski survey dated revised June 22, 2017  to prevent sedimentation of the wetlands. The fencing shall be installed and maintained in accordance with the New York State Standards and Specifications for Erosion and Sediment Control manual prior to the commencement and for the duration of construction activities.  The fencing shall be repaired or replaced as necessary to maintain proper function. 

b.              Prior to the issuance of a building permit, the Board, or their delegate, shall inspect the project limiting fencing for proper installation.

 

c.              The clearing of vegetation and the filling, grading or recontouring of the property shall be strictly limited to the boundaries established on the approved survey.

 

d.              A scenic easement shall be established as depicted on the Steven Barylski survey dated revised June 22, 2017.  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.

 

e.              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.

 

 

 

 

 

f.              The residence and garage 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.

 

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

 

h.              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.

 

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

 

j.              The driveway composition and any drainage structures should be reviewed and approved by the Town Engineer prior to the issuance of a building permit.  The completed driveway and drainage structures should be inspected by the Town Engineer prior to the issuance of a Certificate of Occupancy.

 

k.              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. 

 

l.              An Article 24 Freshwater permit  should be obtained from the New York State Department of Environmental Conservation (NYSDEC) prior to the issuance of a building permit for this project.

m.              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.              Alex Zedlovich

APPLICANT:              Alex Zedlovich

SIZE/LOCATION:              21,512 sq. ft. total, 143 Isle of Wight, Map No. 3451; Map of Lion Head Beach part of

lots 57,58, & 59, Springs (300-023-01-16.1)

DESCRIPTION:              To demolish the existing structures and construct a 4,281 sq. ft. residence and a 1,125

sq. ft. pool with a patio, retaining wall and a new sanitary system on a parcel of land with wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to ? 255-4-20 and two variances from

?255-4-30 (wetland setbacks) of the East Hampton Town Code and any relief necessary. A 25 ft. and a 9.3 ft. variance are required to respectively construct the

pool and retaining wall 75 ft. and 90.7 ft. from the wetlands where a minimum 100 ft. setback is required.

ZONING DISTRICT:              B Residence,  Zone X Flood Zone

SEQRA CLASS:              Type II


i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner: Lisa D?Andrea             

              Date completed:              July 3, 2017              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              143 Isle of Wight               Subdivision

              School District:              Springs              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District              Variance              XX

              Tax Map Number: 300-023-01-16.1              Natural Resources Special Permit   XX

     Applicant:              Alex Zedlovich  

                            c/o Hajek Land Planning

                        PO Box 5116

                        East Hampton, N.Y. 11937                                                                                                    

              Telephone:              631-235-3545             

              FEMA ZONE:              X Flood Zone, AE 8 Flood Zone

              Soil Type: Montauk loamy sand, sandy variant 3-8% slopes (MnB); Fill land, dredge material (Fd)             

              Map of Property:              Map No. 3451; Map of Lion Head Beach part of lots 57,58, & 59

              Size of Parcel: 21,512 sq. ft. total

 

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

 

 

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

 

 

Property and History:

 

The premises are improved with a residence, deck, pool and hot tub. The residence was constructed first.  In 1976 a building permit was issued for a pool and patio. These structures were constructed prior to the adoption of NRSP regulations. It appears the pool and patio, due to builder?s error was constructed in a non-conforming location in regards to side yard setbacks.  The patio encroached on the neighbor?s property.

  In 1984, ? 255-4-20 (activities requiring a natural resources special permit) of the Town Code was adopted. An application to legalize the pool and patio was submitted to the ZBA in 1985.   Consequently, the pool, now, required a NRSP in its present location.  In the Determination filed June 28, 1985 the Board granted a NRSP and the variance necessary for the pool and patio to remain. The encroachment onto the neighboring property was required to be removed. As a condition of the permit a scenic easement a depth of 25 ft. from the pond edge was also required. The most recent Certificate of Occupancy (CO) was issued July 2, 1985 for the 648 sq. ft. pool and brick patio.

The scenic easement was granted in 1985 and the burdened premises were to remain in their natural state. It appears that clearing and the establishment of lawn within the scenic easement and within 50 ft. of the wetland edge occurred sometime in 1998. This clearing has been maintained up to the present.

All existing and proposed structures are depicted on a Nelson & Pope Engineers and Surveyors plot plan dated November 2016 and received by the Board on June 7, 2017. The Zedlovich Residence building plans by Louis Rafael Colalillo, dated November 21, 2016 were received by the Board on November 28, 2016.

 

 

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

 

The applicant is proposing to demolish the existing residence, deck, pool, and hot tub and construct a new residence, decks and pool on the property.  It is a redevelopment of the property. An application that removes pre-existing nonconforming structures, removes the nonconformity and 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 the environmental conditions on this highly constrained property should be considered.

The pond on the survey, known as Lion Head Pond East is part of a coastal pond system that may have formerly been contiguous to Hog Creek. There is another pond nearby known as Lion Head Pond West.  Both of these ponds provide many of the benefits typically associated with a high quality coastal pond system including the provision of high quality wildlife habitat, the retention of floodwaters prior to surface and groundwater recharge, and aesthetic benefits that contribute to the surrounding property values.  Both ponds are breeding ground for commercially important baitfish such as mummichog, mosquito fish, sticklebacks, silversides, eels and banded killifish.  They are an important nesting and foraging ground for waterfowl and wading birds, especially for green herons, black crowned night herons and wood ducks.   Both ponds have been given the highest quality rating (Class I) by the New York State Department of Environmental Conservation (NYSDEC). Lion Head Pond East is under more of an ecological burden from upland development, at least in part, from non-point pollution sources such as storm water runoff, discharge from swimming pools, fertilizers and sanitary effluent than Lionhead Pond West.

The calculations for the building coverage, total coverage and GFA on the Zedlovich Plot Plan are not correct.  The lot area as defined by the Code is 21,122 sq. ft.  and that is the number that should have been used in the coverage and GFA calculations. The maximum GFA allowed is 4,135 sq. ft. in lieu of 4,168 sq. ft. The proposed GFA is 4,104 sq. ft. This is only 35 sq. ft. below the maximum permitted.

It should be noted that the application for this project was received in November of 2016 prior to the Town?s adoption of the new Gross Floor Area (GFA) regulations. Up until January 2017 the maximum GFA calculation was 12% of the lot area plus 1600 sq. ft. Hence, the proposed project does not require a GFA variance.  However, with the new and current GFA regulations it would require a GFA variance.   This project before the Board is an aggressive re-development in an environmentally sensitive area. The GFA is only 35 sq. ft. below the maximum permitted. Building coverage will be 2,922 sq. ft. or 69% of the maximum allowed. Total coverage will be 10,708 sq. ft. or 73% of the maximum allowed. The applicant should prior to or at the hearing provide the Board with the existing and total coverages. These figures will help the Board compare the current development with the changes to the property that are proposed.

The Board must consider the NRSP standards in order to issue a NRSP for the proposed project. In the NRSP standards the preservation of natural resources must be considered. Are the structures located in upland locations such ?that no natural resource will be diminished in size, polluted, degraded, or lost or placed in peril thereof in order to establish such structure or use.?? In this case the natural resources are the surface waters and adjacent wetlands of Lion Head Pond east which as stated above have experienced environmental pressures from upland development, swimming pool discharge, fertilizers and sanitary effluent. Alternative designs entailing smaller buildings or structures may need to be considered.

The Board must also consider the Variance standards of ? 255-8-50 of the Town Code and ?shall not grant any area variance, waiving strict application of the area or dimensional requirements? unless the applicant can demonstrate compliance with the Variance standards. It is the Planning Department?s opinion that the variances sought are not the minimum necessary.

The existing pool slated for demolition is 568 sq. ft. in size.  The proposed swimming pool will be about 966 sq. ft. It appears there is a more conforming location for a new pool.  Perhaps a different design or a smaller size could eliminate the need for a wetland setback variance altogether. A standard 20 ft. x40 ft.  or a smaller standard 16 ft. x 32 ft. pool may need to be considered.

If the Board approves this project or any part of the project the Planning Department recommends that a 50 ft. wetland buffer be established.  At the very least the scenic easement should be revegetated. The plants should be native woody shrubs and appropriate for wetland buffers.

 

Recommended Project Conditions:

a.              Project limiting fencing consisting of 4? plastic safety or snow fence shall be erected  in the location depicted on the attached Planning Department sketch dated June 30, 2017  to limit  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.              Sediment control fencing consisting of staked straw bales or silt mesh fencing shall be erected  in the location depicted on the attached Planning Department sketch dated June 30, 2017  to prevent sedimentation of the wetlands. The fencing shall be installed and maintained in accordance with the New York State Standards and Specifications for Erosion and Sediment Control manual prior to the commencement and for the duration of construction activities.  The fencing shall be repaired or replaced as necessary to maintain proper function.

c.              Prior to the issuance of a building permit, the Board, or their delegate, shall inspect the project limiting fencing for proper installation.

d.                The scenic easement should be revegetated and a 50 ft. wetland buffer should be established. A revegetation plan that indicates the locations, species, size and spacing shall be submitted to the Board for approval prior to the issuance of a building permit.   The plan shall be implemented and inspected by the Board or their delegate prior to the issuance of a Certificate of Occupancy.

 

e.              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.

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

g.              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.

 

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

 

i.              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. 

 

j.              An Article 24 Freshwater 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. 

 

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

 

 

C.              Scott Sinawi

APPLICANT:              Scott Sinawi

              SIZE/LOCATION:              44,617 sq. ft. (total), 4 Waring Lane, Springs (300-039-14-11)

              DESCRIPTION:              To demolish an existing residence and construct a new 2,871 sq. ft. two-story

residence with 548 sq. ft. of decking, a sanitary system, swimming pool and a 600 sq.

ft. detached garage on a parcel of land containing tidal wetlands.

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

? 255-4-40 (Minimum wetland setbacks) and ? 255-3-75B (Harbor Protection Overlay

District regulations) of the Town Code and any other relief necessary.  An 11.9?

variance is required to construct the residence 88.1? from wetlands where a 100?

setback is required and a 99? variance is required to install the sanitary system

approximately 101? from wetlands where a 200? setback is required.   The detached

garage and swimming pool have been proposed 100? from wetlands.

ZONING DISTRICT:              A5 Residence AE Flood Zone, elevations 8' & 9', X Flood Zones

SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memorandum

             

     Lead Agency:       (not applicable)

              Planner:              Brian Frank

              Date completed:              08/02/17              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              4 Waring Lane              Subdivision

              School District:              Springs              Special Permit

              Zoning District:              A5 Residence              Zone Change

              Overlay District:              Harbor Protection Overlay District              Variance: XX

              Tax Map Number: 300-039-14-11              Natural Resources

              Applicant:              Scott Sinawi              Special Permit: XX

              C/o Hajek Land Planning               Other:

              PO Box 5116

              East Hampton, NY  11937

              Telephone:              (631) 727-2180

              FEMA ZONE:              AE Flood Zone, elevations 8' & 9', X Flood Zones

              Soil Type:              Montauk loamy sand, sandy variant, 0 to 3 % slopes (MnA), Tidal marsh (Tm)

              Map of Property:

              Size of Parcel:              44,617 sq. ft. (total)

             

              Project Description:

To demolish an existing residence and construct a new 2,871 sq. ft. two-story residence with 548 sq. ft. of decking, a sanitary system, swimming pool and a 600 sq. ft. detached garage on a parcel of land containing tidal wetlands.

 

              Relief:

A Natural Resources Special Permit (NRSP) pursuant to ? 255-4-20 and variances from ? 255-4-40 (Minimum wetland setbacks) and ? 255-3-75B (Harbor Protection Overlay District regulations) of the Town Code and any other relief necessary.  An 11.9? variance is required to construct the residence 88.1? from wetlands where a 100? setback is required and a 99? variance is required to install the sanitary system approximately 101? from wetlands where a 200? setback is required.   The detached garage and swimming pool have been proposed 100? from wetlands.

 

              Property Conditions and History:

The subject premises are extensively cleared and improved with a one-story residence located in the western portion of the property.  The existing conditions and proposed improvements are depicted on the F. Michael Hemmer survey dated revised 04/12/17.  The floor and elevation plans were prepared by Stelle Architects (10 pgs.) dated revised 04/03/17 and stamped received by the Board on 04/19/17.  A sanitary system profile prepared by DB Bennett PE and a revegetation plan prepared by Marshall Paetzel Landscape Architecture, both dated revised 04/12/17, have also been submitted with the application.   The sanitary profile depicts a 4? separation between the leaching pools and the groundwater table as required by Harbor Protection Overlay District (HPOD) regulations for new sanitary systems.

The property is one of two parcels that obtain its access to Springs-Fireplace Road from a partially paved private road and a 30? wide access easement encumbers a portion of the northern portion of the property near the shoreline.   The subject property was reviewed by the Zoning Board in 2014 when an application was submitted to partially demolish the existing residence and convert it to 598 sq. ft. workshop with garage below and construct a new 3,102 sq. ft. two-story residence with 1,810 sq. ft. of decking.  The accessory building and residence were proposed 77.8? & 88.4? respectively from wetlands to the north of the property.  That application was denied in determination filed 12/14/16.  The application received a Tidal Wetlands permit from the New York State Department of Environmental Conservation (NYSDEC) on 9/04/14, a copy of which was submit to the prior Board file. 

During the review of the prior application it was noted that the adjoining properties to the south were served by private water supply well and the proposed sanitary system would be located less than 100? from these wells.  Based upon the notations on the survey, it appears that these properties have been connected to public water and only an irrigation well remains located within 100? of the proposed sanitary system. 

 

 

 

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

 

The property is located in the northern portion of Accabonac Harbor.  The tidal wetlands on and adjoining the subject property can be expected to provide all of the benefits typically associated with high quality tidal wetlands.  These benefits include the provision of habitat for wetland dependent species of plants and wildlife, (including commercially important species of fin fish and shellfish), the attenuation of floodwaters and reduction of erosion, the buffering of pollutants prior to surface water recharge, scientific research and aesthetic appreciation.  Accabonac Harbor is a New York State Significant Coastal Fish and Wildlife Habitat, a part of the Peconic Estuary Critical Environmental Area (CEA) as well as its own distinct (the Accabonac Harbor) CEA.  The extensive salt marshes surrounding Accabonac Harbor contributes to its designation as an Important Bird Area by the National Audubon Society; an internationally recognized designation reserved for areas that provide outstanding habitat value for breeding, migrating or over-wintering species of birds.  All but the western most portion of the property is located within the Accabonac Harbor Scenic Area of Statewide Significance (SASS).

 

Section 303 [Water Quality Standards and Implementation Plans] of the federal Clean Water Act (CWA) requires each State to identify surface waters that do not meet water quality standards for any given pollutant that potentially impacts the water body?s designated uses.  Surface waters that exceed an established water quality parameter for a given pollutant are added to a ?Priority Water Body list? (frequently referred to as the 303(d) or Impaired Water Body list).  Accabonac Harbor was added to the impaired water body list in 1998 due to indicators for elevated levels of pathogens; disease causing organisms like bacteria, viruses, fungi and algae.  In surface waters, these organisms frequently originate from human and animal wastes, often from sanitary effluent and fertilizers. 

 

Although it has water frontage along its eastern property boundary, an extensive area of salt marsh is located parallel to and on the north side of the private road and it is to this location where the closest wetland setbacks of the proposed workshop and sanitary system have been measured.   The sanitary system for the residence has been proposed along the southern property boundary, approximately 240? from the Accabonac wetlands to the east and 101? from the wetlands to the north.  Earlier versions of the survey included a system profile that depicted the bottom of leaching pools 4? above the groundwater table in accordance with Harbor Protection Overlay District (HPOD) regulations. The applicant should provide an update of the status of the SCDHS application at the public hearing for this application.

 

The extent of clearing on the property (31,340 sq. ft.) pre-dates the 12,084 sq. ft. clearing restriction of the HPOD and revegetation comprising a total of 19,277 sq. ft. has been proposed to bring the clearing to 10,935 sq. feet.   The survey notes that the access easement is proposed to remain ?in its natural state? although this likely means the easement is proposed to remain periodically cleared to preserve shoreline access to the other properties with rights to shoreline access.  The Planning Department would encourage the applicant to submit a copy of the easement prior to the public hearing for the application.  If this portion of the property is precluded from being revegetated, the Planning Department would encourage the proposed 4? wide path to the shoreline to be relocated within the easement.

 

The Planning Department recommends that any revegetation, especially between the proposed improvements and the shoreline, consist of indigenous woody species that typically occur adjacent to salt marshes.  A woody buffer would provide the most robust overall protection to the wetlands by more effectively intercepting sediments, suspended solids and nutrients from surface runoff than an herbaceous buffer.   In the prior application the Planning Department recommended the establishment of a standard language Conservation Easement 50? landward of the wetland boundary in the eastern portion of the property to help conserve the wetlands and their values in perpetuity.  The survey indicates the boundary of a Conservation Easement 75? landward of the Accabonac wetlands.

             

 

              Summary of Mitigation:

a.              Project limiting fencing consisting of 4? plastic safety or snow fence and sediment control fencing consisting of staked straw bales or reinforced silt mesh fencing shall be erected in the location depicted on the F. Michael Hemmer survey dated revised 04/12/17 to limit land disturbance and prevent sedimentation of the wetlands. The fencing shall be installed and maintained in accordance with the New York State Standards and Specifications for Erosion and Sediment Control manual prior to the commencement and for the duration of construction activities.  The fencing shall be repaired or replaced as necessary to maintain proper function. 

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

c.              The final 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 revegetation plan should be more fully developed and the property shall be revegetated in accordance with the species, sizes and spacing indicated on a Board approved revegetation plan.  The revegetation should consist of indigenous shrub species and the plan should be approved prior to the issuance of a building permit.  The revegetation shall be fully implemented prior to the issuance of a Certificate of Occupancy. 

e.              A scenic easement should be established 75? landward of the wetland boundary in the eastern portion of the property as proposed by the applicant.  The easement, along with an updated survey depicting location of the scenic easement shall be submitted in acceptable form to the Town Attorney?s Office 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.  Proof of filing must be presented to the Zoning Board before a Certificate of Occupancy can be issued.

f.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the appropriate provisions 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.

g.              The approved residence and garage 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.

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

i.              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.

j.              The driveway should be composed of only of a clean, local, water-pervious quartz gravel surface or, if paved, the driveway composition and any drainage structures should be reviewed and approved by the Town Engineer prior to the issuance of a building permit.  The completed driveway and drainage structures should be inspected by the Town Engineer prior to the issuance of a Certificate of Occupancy.

k.              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. 

l.              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.              BOARD DETERMINATION

A.              AFMP

SCTM# 300-22-1-4

204 Old Montauk Highway

Montauk

 

Modification request

VI.              EXTENSION OF TIME:

A.              Otto J. DelPrado

SCTM# 300-23-3-4

 

172 Waterhole Road, Springs

 

Request is for an Extension of Time within which to obtain said Building Permit and Certificate of Occupancy

 

 

 

VII.              BOARD DECISIONS:

A.              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? & 35? are required to allow the residence and decking to be constructed 76? & 65? from wetlands where a 100? setback is required & (3) a 4? variance is required to install

the sanitary system 146? from wetlands where a 150? setback is required.

B.              Robert DeNiro

SIZE/LOCATION:              61,478 sq. ft.  (total), 242 Old Montauk Highway, Montauk (300-087-03-06)

DESCRIPTION:              To demolish an existing residence and construct a new 2,554 sq. ft. two-story

residence with basement, 740 sq. ft. of decking and a sanitary system on a parcel of

land containing coastal bluffs and beaches.

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

255-4-40C (Coastal setbacks) of the Town Code and any other relief necessary. 

Variances of 70? and 75? are required to construct the residence and decking 55? &

49.6? respectively from the bluff toe where a 125? setback is required.  The sanitary system has been proposed more than 200? from wetlands.

ZONING DISTRICT:              A Residence Zone X Flood Zone, Velocity (VE) Flood Zone, el. 18'

SEQRA CLASS:              Type II

C.              Christopher Haak

SIZE/LOCATION:              29,553 sq. ft., 81 Northwest Landing Road, East Hampton (300-090-03-13)

DESCRIPTION:              To demolish an existing one story residence with shed and construct a new 1,556 sq.

ft. two story residence with 709 sq. ft. of first and second story decking, a 236 sq. ft.               patio, 192 sq. ft. shed, relocated driveway, and new sanitary system within jurisdiction and minimum setbacks of wetlands and within front yard lot line setbacks.

RELIEF SOUGHT:              Six variance and a Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this application. Variances of 61.1?, 71.1?, 71.1?,

and 71.2? from ?255-4-30 of the Town Code are required to construct the residence, decking, patio, and shed 38.9?, 28.9?, 28.9?, and 38.8?, respectively, from wetlands               where 100? setbacks are required. One variance of 10? is required to construct the shed 20? from the front yard lot line where a 30? setback is required. One variance of 163.6? from ?255-3-75B of the Town Code, is required to construct the new sanitary system               36.4? from wetlands where a 200? setback is required, and any other relief necessary.

ZONING DISTRICT:              A2 Residence AE Flood Zone, elevation 6

SEQRA CLASS:              Type II             

D.              AAS184 LLC

SIZE/LOCATION:32,800 sq. ft. (total), 184 Old Montauk Highway, Montauk (300-184-03-21)

DESCRIPTION:              To demolish an existing approximately 2,112 sq. ft. multi story residence and construct

a new 2,476 sq. ft. two story residence with approximately 2,375 sq. ft. of terraces,

walkways, and stairs, an outdoor shower, retaining walls, a 1,908 sq. ft. driveway, and

new sanitary system within jurisdiction of bluffs, the toe of bluff, and beach vegetation.

RELIEF SOUGHT:              Five variances and a Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code are required for this application. Variances of approximately 51.7?, 66.6?, 66.7?, 52.2?, and 57.4? are required from ?255-4-40C of the Town Code in               order to construct the residence, walkways/terrace/patio, retaining wall, outdoor shower, and sanitary system approximately 73.9?, 57.4?, 58.3?, 72.8?, and 67.6? respectively, from the toe of bluff where 125? setbacks are required, and any other relief necessary.

ZONING DISTRICT:              A Residence Zone X Flood Zone

SEQRA CLASS:              Type II

E.              East Hampton Ventures LLC

SIZE/LOCATION:              41,765 sq. ft. total,  26 Fenmarsh Rd, Map No. 2831; Map of Clearwater Beach Sec. II, Lot 259, Springs (300-039-01-04)

DESCRIPTION:              To renovate the existing 2,118 sq. ft. house, to convert a 91 sq. ft. second story deck

into living space, to construct a 281 sq. ft. two story addition, to resurface and construct an additional 40 sq. ft. of new decking around the outdoor shower, to

rebuild swimming pool and to resurface and increase pool decking 46 sq. ft., to relocate the pool equipment, and to create a new 4 ft. wide path to access Hog Creek on a parcel of land with wetlands.

RELIEF SOUGHT: A Natural Resources Special Permit pursuant to ? 255-4-20 and four variances from ?

255-4-30 (wetland setbacks) of the Town Code.  Variances of 17.4 ft., 24.6 ft., 46.6 ft.,

and 38 sq. ft. are required to respectively convert an existing 2nd floor deck to living

space 82.6 ft., construct new shower decking 75.4 ft., add on to pool decking 53.5 ft.,

and replace pool 62 ft. from the wetlands where a 100 ft. minimum setback is required.

ZONING DISTRICT:              B Residence AE6- X flood

SEQRA CLASS:              Type II


F.              Richard Magrino

SIZE/LOCATION:              7,320 sq. ft. (total), 76 Benson Drive, Oceanside at Montauk, lot 114, map # 2730,

Montauk (300-030-05-2.2)

DESCRIPTION:              To allow a 368 sq. ft. deck addition to remain and an approximately 64 sq. ft. shed to

remain relocated within jurisdiction and setbacks of freshwater wetlands.

RELIEF SOUGHT:              Two variance and a Natural Resources Special Permit pursuant to ?255-4-20 of the

East Hampton Town Code are required for this application. Variances of 74? and 46.7?

are require from ?255-4-30 of the Town Code to allow the shed relocation and the deck

addition to remain 26? and 53.3? from freshwater wetlands where a 100? setback is

required, and any other relief necessary.

ZONING DISTRICT:              B Residence Zone X Flood Zone

SEQRA CLASS:              Type II

G.              Michael Scaraglino

SIZE/LOCATION:              19,967 sq. ft, 189 Old Stone Highway, Springs (300-080-04-07)

DESCRIPTION:              To construct a 312 sq. ft. first story deck with staircase on a parcel located within the

Town?s jurisdiction of wetlands and to allow a second story deck to remain within the Town?s jurisdiction of wetlands.

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

and a 79.5?Variance from ?255-4-30 (Minimum wetland setbacks ) to allow the construction of a first story deck with staircase 20.5? from wetlands where a 100?

setback is required, and any other relief necessary.

ZONING DISTRICT:              A5 Residence Zone X Flood Zone, AE 6, 0.2% annual chance flood hazard

SEQRA CLASS:              Type II

H.              Zachary Mankes

              SIZE/LOCATION:              58,534.412 sq. ft., 28 Washington Drive, Montauk (300-048-08-04)

              DESCRIPTION:              To construct an approximately 250 sq. ft. two story addition within the minimum front

              yard lot line setbacks.

              RELIEF SOUGHT:              One variance of 6?2.25? from ?255-11-10 of the Town Code is required to construct the

              proposed addition 33?9.75? from the western front yard lot line where a 40? setback is

              required, and any other relief necessary.

              ZONING DISTRICT:              A Residence Zone X Flood Zone

              SEQRA CLASS:              Type II

I.              Christine & Jesse Greene

SIZE/LOCATION: 40,234 sq. ft. (total), 40 Homeward Lane, Beacon Close, lot 10, map # 6211, Montauk

(300-013-02-26.10)

DESCRIPTION:              To allow an accessory garage to contain plumbing.

RELIEF SOUGHT:              One variance from ?255-11-67(A) 6 of the Town Code is required to allow the

accessory garage to contain plumbing, and any other relief necessary.

ZONING DISTRICT:              A Residence Zone X Flood Zone

SEQRA CLASS:              Type II

J.              Rhett Beckmann

SIZE/LOCATION:              8,919 sq. ft., 94 South Euclid Avenue, Fort Pond Business Section (174), Montauk (300-049-01-14)

              DESCRIPTION: To construct a two-story 2,066 sq. ft. (footprint) building with a 1,811 sq. ft. first floor               to contain a veterinary office use and a 583 sq. ft. second floor to contain an office use along with associated lighting landscaping, sanitary system, etc.

RELIEF SOUGHT: A variance from section 255-11-45 of the Town Code which requires eleven (11) on-site parking spaces whereas the applicants propose only seven (7) spaces on-site.

ZONING DISTRICT:              CB- Central Business Zone X Flood Zone

SEQRA CLASS:              Type II

VIII.              MINUTES APPROVAL:

A.              Minutes of October 17th 2017

IX.              RESOLUTIONS

A.              ES Landing LLC

SCTM# 300-90-1-15.1

 

96 Northwest Landing Road

East Hampton

 

Resolution Amending Determination

X.              Public Speakers

1.              Zachary Schisgal

2.              Kyle Lynch