EH Town Zoning Board of Appeals              Denise Savarese

              300 Pantigo Place              Telephone: (631) 324-8816

              East Hampton, NY  11937

 

Town Board Meeting of March 7, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on March 7, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Organization

Title

Status

Arrived

John P. Whelan

Town of East Hampton

Chairman

Absent

 

Theresa Berger

Town of East Hampton

Board Member

Present

 

Roy Dalene

Town of East Hampton

Board Member

Present

 

Cate Rogers

Town of East Hampton

Board Member

Present

 

David Lys

Town of East Hampton

Board Member

Present

 

II.              CANCELLED PUBLIC HEARING:

III.              SCHEDULED PUBLIC HEARINGS:

A.              James Donohue - SCTM# 300-17-1-37.2

97 Tuthill Road, Montauk - Relief sought is One variance of 8.4 from Section 255-11-10 of the Town Code to allow the second story deck to remain 11.6 feet from the western front yard lot line setback to allow an existing approximately 375 square foot deck to remain within front yard lot line setbacks. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Member Berger conducted a field inspection and reported her findings to the Board.

 

Public Speakers:

 

James Donohue - noted to the Board that he became aware of a violation when he extended an existing deck that had been there for fifteen years. Submitted photograph into the record. Also updated it with a railing. On the survey there is a wall that goes over the property line and it was then when the property was bought. Mr. Donohue did state he would be happy to take it down. Wall was to stop flooding and runoff. Tuthill Road is a private road and Fleming is a public road.

 

Eric Schantz, Planning Department - Made himself available for questions. Relief sought is relatively minor in scale. Noted a survey on the smart board. The records on this are inconsistent however the Certificate of Occupancy from 1988 depicts the deck - survey attached to the CO is a different property. So record is not correct. Overall size of the deck is not an issue - If granted applicant can be granted a Certificate of Occupancy.

 

Member Berger made a motion to close the Public Hearing and record - Member Lys seconded. All members were in favor.

 

 

 

 

 

 

 

 

 

i.              Technical Analysis Memo

Lead Agency:              (not applicable)

              Planner:              Tyler Borsack

              Date completed:              January 24, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              97 Tuthill Road               Subdivision

              School District:              Montauk              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:     N/A              Variance              XX

              Tax Map Number: 300-017-01-37.2              Natural Resources

     Applicant:                            James Donohue                                                           Special Permit  

                                          16 Willow Crest Drive                                             Other:

                                          Katonah, NY 11036

             

              Telephone:                            914-497-9903

              FEMA ZONE:              X Flood Zone

              Soil Type:              Bridgehampton silt loam, till substratum, 6-12% slopes (BhC)

              Map of Property:              N/A

              Size of Parcel:              8,860 sq. ft.

 

Project Description: To allow an existing approximately 375 sq. ft. Deck to remain within front yard lot line setbacks.

 

Relief Requested: One variance of 8.4 from ?255-11-10 of the Town Code is required to allow the second story deck to remain 11.6 ft. From the western front yard lot line setback where a 20 ft. Setback is required, and any other relief necessary.

 

Property Conditions and History:

The subject property is located on the northeast corner of Fleming Road and Tuthill Road, in Montauk. The property is improved with an approximately 1,580 sq. ft. Two story residence with decking, shed, and outdoor shower. The most recent C.O. was issued on the property in 1988 for a 704 sq. ft. First floor, 768 sq. ft. Second floor of one-family residence having one kitchen only and 186 sq. ft. Wood deck. This property has appeared before the Zoning Board once previously.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The applicant is proposing to allow an existing approximately 375 sq. ft. Deck to remain within front yard lot line setbacks. The parcel before the Zoning Board has two front yards, fronting on both Fleming road and Tuthill Road. The variance request is from the western front yard lot line from Fleming Road.

 

Because of the irregular shape, small lot size, location of existing structures, and two front yard lot lines, constructing a conforming deck addition may have been difficult in order to achieve the needed result on this property. The applicants point out in the application that the deck is well screened from the road and meets a 20 ft.  Setback from the edge of pavement, where it is setback from the property line 11.6 ft.  Requiring the variance.

 

The Certificate of Occupancy issued on July 28, 1988 mentions a 186 sq. ft. Wood deck which may have been on the west side of the residence, which the subject deck replaced/was added to. However, the survey attached to the C.O. in the Towns records is not for the subject parcel so the exact location of the existing deck cannot be verified. Aerial images from 2001 show an unknown structure on the west side of the residence as well as a small entrance deck on the south side, which is also shown on the survey associated with this application.

 

The Zoning Board needs to decide if the application meets the variance standards in ?255-8-50. 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:

 

a.              N/A, existing structure

B.              Seth Leist - SCTM# 300-176-1-16

8 Pine Way, Amagansett - Relief sought is a Natural Resources Special Permit pursuant to Section 255-4-20 and a variance from Section 255-4-40 of the Town Code. A 20 ft. Variance is requested to construct a 295 square foot bedroom addition on a parcel of land within wetland jurisdiction. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Member Lys conducted a field inspection and reported his findings to the Board.

 

Public Speakers:

 

Richard Whalen, Attorney, appeared on behalf of the Applicants. Submitted aerials GIS viewer of the area and gave the Board background history.  Applicant has a Certificate of Occupancy but it was noted that the area behind garage is not yet vegetated - but will be. There was a washer dryer in the pool house - which has now been moved to the shed without proper approvals and something will be done to rectify that.  Relief sought is a 20 ft. Wetland setback variance. Addition intended for daughter to have her own bedroom and bath. It will be entirely within the footprint of the deck. Reducing gross and total lot area by 168 square feet. House is below allowable GFA. There are structures in the area that affect the wetlands. Addition is on the far side of the house. Leaders and gutters will be installed. No overland runoff generated from addition. Septic System was updated in 2004 and the pool house existed in 2004. Mr. Whalen went through the standards outlining why this application meets the standards set forth in the Town Code. Would agree to a covenant that there would be no more additional development of the site.

 

Susanna Herrmann - Environmental Consultant from En Consultants - appeared on behalf of the applicant. Ms. Herrmann noted this proposed addition will have no affect on the wetlands. Proposed addition over 80 ft. Away on the landward side. Not increasing storm water runoff. Not going to create any runoff toward the wetland. Below allowable coverage, reducing lot coverage by 168 square feet and project will  not impact water quality. Applicant Revegetate area that is disturbed. Submitted letter into the record on March 3rd 2017. Ms. Herrmann submitted a copy of her Curriculum Vitae into the record.

 

Lisa D'Andrea, Planning Department, noted this property is in a FEMA Flood Zone - AE10 - severe storms and lots of rain could cause flooding. Wetlands are surrounded by pre existing non conforming houses. This project is incrementally increased its intense of use in an environmentally sensitive area. Total coverage is going down but the building coverage is going up with a bedroom and a bathroom. This is an increased intensity of use. Wetlands such as these provide refuge - they attenuate flood waters, aids in ground water recharge. These four homes were all built prior to Zoning, prior to Natural Resource Special Permit regulations, they have no pools or accessory structures. It comes to the point where the Board has to determine when you are protecting natural resources - when this property has intense use. As presented he has attained reasonable use of the property. Ms. D'Andrea made herself available for questions.

 

Member Lys made a motion to close the Public Hearing and record. Member Berger seconded. All members were in favor.

 

 

 

 

i.              Technical Analysis Memo

              Lead Agency:              (not applicable)

              Planner: Lisa D'Andrea             

              Date completed:       December 20, 2016                          Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              8 Pine Way              Subdivision

              School District: Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District:                  Variance             

              Tax Map Number: 300-176-01-16              Natural Resources

     Applicant:              Seth Leist                                                                     Special Permit   XX

                        c/o Andrew Strong

                        PO Box 2820

                        Amagansett, N.Y. 11930                                                                                                            

                                                                                                                                                                                        

              Telephone:              (631) 324-8716             

              FEMA ZONE: AE 10 Flood Zone             

              Soil Type: Duneland             

              Map of Property:              Map No. 4694; Hampton Dunes, Lot 118

              Size of Parcel:              13,160 sq. ft.

 

Project Description:  To construct a 295 sq. ft. bedroom addition on a parcel of land within wetland jurisdiction.

 

Relief Requested: A Natural Resources Special Permit pursuant to ? 255-4-20 and a variance from ? 255-4-40 (Wetland Setbacks) of the Town Code and any relief necessary. A 20 ft. variance is requested to construct a 295 sq. ft. bedroom addition 80 ft. from the freshwater wetland where a 100 ft. minimum setback is required.

 

 

 

Property Conditions and History:

The subject premises are currently improved with an approximately 1,713 sq. ft. residence, a 677 sq. ft. deck, a 127 sq. ft. patio, a 570 sq. ft. swimming pool, 1,032 sq. ft. of pool patio, a 390 sq. ft. pool house and an 86 sq. ft. shed.  The residence was constructed in 1968 and the deck, pool and pool house were constructed between 1973 and 1974.  The Zoning Board granted a variance in 1977 to legalize decking located within minimum rear yard setbacks.  Additional variances were granted in 1983, for a deck which extended an additional 1.5 ft. More than allowed by the Boards determination of 1977, and in 2003, for a shed built without a building permit. That same determination denied a proposed addition.  The property was brought before the Board again in 2004 for a 329 sq. ft. addition that was granted.  The Board granted the addition in this application because the applicant proved that a sanitary upgrade was possible.

The owner and current applicant acquired the property in 2006.

In 2008 the Board granted a NRSP and two wetland setback variances to legalize existing reconfiguration of the shed and pool house roofs.  An application for a 456 sq. ft. garage was submitted in 2012 and the request was denied by the Board in a June 30, 2013 determination.   Another application for a 480 sq. ft. garage was made.  The Board granted a NRSP and three variances for the 480 sq. ft. detached garage. This determination was filed on April 6, 2014. On September 10, 2015 a Certificate of Occupancy for the garage was issued.

.

All existing and proposed structures are depicted on a Nathan Taft Corwin III survey dated revised October 20, 2016 and received by the Board on November 10, 2016. The proposed bedroom addition is depicted on the Leist Proposed Addition Plans by Bruce A.T.Siska, AIA dated September 7, 2016 and received by the Board on November 10, 2016.

 

 

Planning Department Analysis and Recommendations for the Boards Consideration:

 

This property has a long building history and the Board has been involved with numerous decisions over the years. Incrementally, the property has increased its intensity of use and its non-conformity in an environmentally sensitive area that is also prone to flooding.

 

The wetland east of the parcel is highly diverse with species of woody and herbaceous plants.    There is also standing water in the wetland throughout portions of the year.  The wetlands within jurisdiction constitute an integral part of the natural environment, and more specifically, the hydrologic system.  In addition to diversifying the landscape these wetlands play a significant role in the storage of water, flood control, and the maintenance of water quality.  The wetlands are an important component for the habitat of a variety of wildlife species.

 

The Planning Department did not look favorably on increasing the non-conformities on this parcel when the applicant applied for and was granted a NRSP and three variances for a detached garage in 2013.   A CO for the detached garage and new driveway was issued on September 15, 2015.  The property now has a principal building and three accessory structures that do not meet the 100 ft. wetland setbacks.  Two front yard variances had to be granted to allow the garage to be constructed in its present location.

The applicant is proposing to remove an existing one story deck and construct a one story house addition. The applicant is requesting another minimum wetland setback variance to build this addition. The addition is slated to be a bedroom with a bathroom. The addition is clearly an increased intensity of use despite the removal of 168 sq. ft. of the total square footage the deck occupied.  It is the Planning Department's opinion that the property is already intensely developed in close proximity to the wetland and that presently there is adequate use on the property. Allowing substantial variances on a property as constrained as this could be contrary to zoning.

 

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. The applicant must also demonstrate compliance with the Variance standards of Section 255-8-50 of the Town Code in order to be eligible for the issuance of the requested variances.  The Board must determine whether the variances sought are the minimum necessary.  

 

Recommended Project Conditions:

a.              Project limiting fencing should be erected to limit land disturbance in the location depicted on the Planning Department sketch dated December 12, 2016.

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

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

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

e.              All roof runoff should be directed by leaders and gutters into subsurface drywells.

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

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

C.              Safe Harbor Retreat LLC - SCTM# 300-135-1-8

26 Bull Run, East Hampton - Relief sought is three variances from Section 255-11-10 of the Town Code to convert a roughly 3.9 acre property in a residential zoning district containing a two story single family residence and associated accessory structures into a semi public facility. Counsel Baldwin noted the Affidavit of Service and Posting was in order. Member Dalene conducted a field inspection of the property and reported his findings to the Board.

 

Public Speakers:

 

Joe Campolo , Attorney, appearing on behalf of the applicant. Made a brief opening statement into the record. Spoke about Drug and Alcohol and how it has affected the township. Joe MacKenzie started Safe Harbor Retreat - for people recovering from drug and alcohol addiction. Worked with the Town and in 2010 the facility was fully endorsed as a privately financed semi-public facility and now operates as a residence for recovering alcohol and substance abuse addicts. There are outpatient services. This residence has 8 bedrooms  and provides housing for drug and alcohol addicts - We will not be seeking to expand footprint of the building or any of the services that are provided. There has been no negative affect on real estate. Variances are not substantial. No record of any incidents with neighbors. No increase in traffic - it would seem like requested variances are not substantial. Addicts are looking for peaceful surroundings.

 

Joe MacKenzie - 66 Abrahams Landing Road Amagansett - Mr. MacKenzie started this facility. Has tried to help people with addiction. Worked with the Town during the Wilkinson Administration - to get this project rolling. Clinical work that is done we are allowed to do - Outpatient services are also provided to people with depression and anxiety. Treatment is provided for out patients. Scholarships are available. I want to provide services to the community that did not exist. Length of stay is two to four months. A video was shown of the property.

 

Walter Dunne, Civil Engineer, has prepared a traffic impact study for this project which is contained in your submission entered into the record on March 3rd 2017.

 

Steve Chassman Clinical Social Worker - works at a Long Island based treatment facility - working tirelessly to stop substance abuse. Spoke about Suffolk County and the affects drugs and alcohol are having on communities. They are supporting people - this is a family disease - work very closely with the East Hampton High School - faculty and parents need all the necessary information to deal with this crisis. This is a treatable disease. Community needs additional programs to address these issues. We are working tirelessly on what is a devastating epidemic.

 

Eric Schantz, Planning Department - addressed the Board and  the three variances requested. Discussed the issue of overclearing by a half acre in a water recharge overlay district. Revegetation Plan should be a condition of approval. If approved a Condition of Approval would be Revegetating overcleared area and an up to date Certificate of Occupancy. Mr. Schantz made himself available for questions.

 

Patrick McCormack - addressed the clearing issues - and noted after this process is complete he will sit down and develop a revegetation plan that is acceptable to the Town.

 

Jeffrey Bragman, representing neighbors in opposition - addressed the voluminous submission made on Friday - and noted it would probably best for us to ask for an adjournment - he addressed the clearing issue - this is a SEQRA case - when SEQRA is applicable you cannot segment the application. Drafters of laws understood issues have to be looked at at the same time. Intensity of use is an issue and is directly related to the over clearing on the site. This proposed procedure to avoid variance for clearing - is unheard of. The submission was submitted late and Mr. Bragman asked that the Board allow him to come back and address the documentation. Traffic report is new material - the Board is entitled to get a well defined response. Mr. Bragman noted that he should be able to get an expert to examine this report.

 

David Traitel - Neighbor - would like to hear what Mr. Bragman has to say before speaking.

 

Joe Campolo, addressed the request for a continuance of this public hearing. 90% of the submission is not new. It is all documentation that has been submitted before. Mr. Bragman is very familiar with all these documents. Mr. Campolo's firm  has done what is required under the code and did object to a continuance of a Public Hearing.

 

Member Dalene made a motion to keep the record and public hearing open indefinitely until we schedule a Continuation- Member Lys seconded. All members were in favor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.              Technical Analysis Memo

Lead Agency:              Planning Board (TBD)

              Planner:              Eric Schantz

              Date completed:              January 31, 2017                            Site Plan              X

              SEQRA class:              Unlisted (TBD)                            Sub Waiver

              Physical Location:              26 Bull Run                            Subdivision

              School District:              East Hampton                            Special Permit X

              Zoning District:              A3: Residence                            Zone Change

              Overlay District:    Water Recharge Overlay District                            Variance               X

              Tax Map Number: 300-135-01-08                            Natural Resources

     Applicant:                            Yoder & Kushner (Safe Harbor Retreat, LLC)               Special Permit   

                                          C/O Joseph Campolo                                                                      Other: 

                                          Campolo, Middleton & McCormick, LLP

4175 Veterans Memorial Highway, Suite 400

Ronkonkoma, NY 11779

             

              Telephone:                            (631) 738-9100

              FEMA ZONE:              X Flood Zone

              Soil Type:              Bridgehampton silt loam, till substratum, 2 to 6% slopes (BhB); Beaches (Bc)

              Map of Property:              N/A

              Size of Parcel:              167,160 sq. ft. (total)

 

Project Description: 

To convert a roughly 3.9 acre property in a residential zoning district containing a two-story single-family residence and associated accessory structures into a semi-public facility.

 

Relief Requested:

Three (3) variances from section 255-11-10 of the Town Code: a variance of 38.5 ft. From the western side property line for the principal structure where a setback of 31.5? is proposed and a minimum setback of 70 ft. Is required, a variance of 15.6 ft. From the eastern side property line for the principal structure where a setback of 54.4 ft. Is proposed and a minimum setback of 70 ft. Is required, a variance of 17.5 ft. From the western property line for the accessory fireplace and patio where a setback of 32.5 ft. Is proposed and a minimum setback of 50 ft. Is required, along with any other relief that may be necessary. 

 

Property Conditions and History:

The subject parcel is 3.86 acres in lot area and is zoned A3: Residence and is situated within the Water Recharge Overlay District (WROD). It is situated on Bull Run in East Hampton. The property contains expansive areas of lawn and landscaping as well as un-cleared portions.

 

The undisturbed portions of the property contain mixed deciduous/evergreen woodlands common to the South Fork Pine Barrens. The property is situated off of Old Northwest Road in its southern section. This roadway, as it runs north, leads into the White Pine (Pinus strobus) dominated forest of the Northwest Woods subunit of the Pine Barrens which is unique to the east end and East Hampton. Although the parcel itself is not directly contiguous to any tracts of preserved open space, the woodlands on this property and its neighboring properties represent unique habitat type which is important to preserving the ecological communities native to East Hampton. The property is also immediately contiguous to a portion of Fosters Path, which runs over the Trustee road at the front of the property which provides the only access to the site. Additionally, Jasons Rock, a unique geological formation which represents a landmark along this trail system is within close proximity to this lot.

 

The parcel is situated within a number of designated areas which indicate the importance of maintaining adequate vegetation for the purposes of facilitating groundwater recharge. These include the parcels placement within the Towns Water Recharge Overlay District, the Countys Special Groundwater Protection Area and the Suffolk County Department of Health Services Groundwater Management Zone V, as well as the fact that it is within  the Suffolk County Pine Barrens, as previously mentioned.

 

As per the narrative submitted to the Planning Board the facility has operated at the subject parcel since 2010 and operates as a recovery facility for persons with substance abuse issues. This facility was the subject of an appeal of the Building Inspectors determination which was decided by the ZBA in 2013. At this time, the ZBAs decision (which has been attached in separate memorandum) effectively required the applicants to obtain site plan/special permit approval from  the Planning Board for a semi-public facility as the same is defined in Section 255-1-20 of the Town Code. Section 255-5-50 SEMI PUBLIC FACILITY contains the specific special permit standards for this use which must be met or for which variances must be obtained. Part I of these standards reads:

 

(1) All required side yard and rear yard setbacks shall be doubled in residential districts, except that, in the case of yards adjoining property which is not residential property as defined herein, the Planning Board shall have the power to approve such lesser setbacks for buildings and structures as the Board finds will serve the interests of good planning.

[Amended 11-3-1989 by L.L. No. 13-1989; 7-2-1999 by L.L. No. 15-1999; 6-4-2004 by L.L. No. 14-2004]?

 

Therefore, the relief outlined above is required as the existing structures have been situated on-site as to meet the required residential use setbacks but not the doubled setbacks required for a semi-public facility. The ZBA should note though that a side yard setback variance along the western property line was previously granted for the garage (ZBA Kushner decision dated August 21, 2007), which is 32.5 from the property line whereas principal structure setbacks for a residential principal structure would be a minimum of 35 ft. On a property of this size. However, as the building is now proposed to be converted to a semi-public facility use, the specific special permit standards now apply and additional relief will be necessary, as the required minimum setback would now be 70 ft.

 

It is noted that the first inclusion of specific special permit standards (including a provision for doubled setbacks in residential zones) for a semi-public facility was in the Comprehensive Plan-based updated 1984 Town Code. At this time, the provision read:

 

?1.              All required yards and property line setbacks shall be doubled in residential districts?

 

This standard was subsequently amended in 1989 to only require a doubling of setbacks for the side and rear property lines, not the front yard as well. Note that the current standard does not differentiate between or exclude either principal or accessory structures.

 

As currently proposed (i.e. needing a variance from the clearing restrictions of the Water Recharge Overlay District) pursuant to SEQRA and Chapter 128 of the Town Code the proposed project is a Type I action. Should this aspect of the project be eliminated, then the project will be an unlisted action.

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The proposed project includes no physical expansion of the existing principal building or new or enlarged accessory structures. However, a comparison of the survey attached to the most recent certificate of occupancy and that which has been submitted to the ZBA shows numerous discrepancies, primarily in the form of additional driveways and areas of clearing which appear to function as parking, service areas (e.g. kitchen drop-off), and access roads/trails.

 

The ZBA should note that the Planning Board did not declare lead agency at its initial review as the SEQRA classification was yet to be determined at that time. The applicants stated that they did not intend to leave the property above the maximum allowable clearing and that a re-vegetation plan would be submitted. No such plan has been submitted as of the date of this analysis despite two (2) incomplete letters sent to the applicants by the ZBA requesting this information as well as a memorandum from the Planning Board (dated May 11, 2016) which required the applicants to submit the same to the site plan/special permit side of the project. Ultimately, the Planning Department recommends that the Planning Board be the lead agency for this project. Therefore, the ZBA should review this application in terms of whether or not it can meet the variance standards of section 255-8-50 D of the Town Code. The Planning Department urges the ZBA to pay particular attention to the following standards:

 

?In deciding whether to grant an area variance, the Board shall consider the following factors:

 

(a)              Whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties.

(b)              -

(c)              -

(d)              Whether the grant of the variance will have an adverse impact upon the physical or environmental conditions of the neighborhood or in the affected area of Town

Recommended Project Conditions:

 

1.              The applicants shall obtain final approval of the Planning Board and the Suffolk County Department of Health Services for the proposed subdivision of the property before a building permit can be issued on the parcel for any new structures.

 

 

 

 

 

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              Philip Tripi - SCTM# 300-30-3-3

7 Brisbane Road, Montauk

 

Member Berger made a motion to approve the Extension of Time. Member Lys seconded. All members were in favor.

B.              Adios Holdings LLC - SCTM# 300-106-1-5.4

89 Bay View Avenue, Amagansett

 

Tabled Extension of Time for Member Lys to do a field inspection.

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Mike & Lisa Didyk - SCTM# 300-32.1-01-207

100 DeForest Road, Montauk - Montauk Shores Condominiums - Replace existing manufactured home and decking with a new 925 square foot Manufactured home and new decking and to relocate an existing shed on a parcel within 150 feet of freshwater wetlands.

 

Lisa D'Andrea made a brief presentation to the Board - Lot is interior just west of East End Avenue. Planning Department feels this is a good candidate for an Administrative review. Approval contingent upon Septic system approval by Suffolk County Health Department. A lot of homes are doubling in size and the issue regarding the septic systems has to be addressed. This is not in a FEMA Zone.

 

Member Berger made a motion for application to go Administratively. Member Lys seconded. All members were in favor.

VII.              BOARD DETERMINATIONS:

A.              Sean MacPherson - SCTM# 300-32-7-31

Memorandum of Brian Frank to the Zoning Board of Appeals regarding Modification request.

 

Tabled till a full Board is present

B.              David Greuner - SCTM# 300-54-2-9

Modification Request - Clearing is currently 21,281 square feet over permitted clearing of 30,580 square feet.

 

Tabled till we receive more information from the Planning Department

C.              Three Mile Harbor Marina - SCTM# 300-120-1-2, 3 & 10

5 Boat Yard Road, Springs - Determination of Approval August 11th 2016 for Bathrooms, mechanical room, decking, asphalt and sanitary - Letter from Building Inspector as to whether or not this application can be rendered a Building Permit.

 

Letter to be forwarded to the Building Inspector that application is ready for the issuance of a Building Permit.

VIII.              BOARD DECISIONS:

A.              Alexandra & Bernal Vargas - SCTM# 300-128-1-19.2

336 Cranberry Hold Road, Amagansett - Project description is to construct an approximately 1,464 square foot two story addition with 1st and second story decking to a residence on a parcel of land containing dune land and beach vegetation. Public Hearing held January 17th 2016. Public Hearing closed but record left open till February 21st 2017 for an updated survey for current clearing and also information from the Planning Department regarding the Locker Determination.

 

Public Hearing record left open till February 21st 2017

 

Board tabled making a Decision

B.              John F. Donovan - SCTM# 300-56-1-22

57 Sammy's Beach Road, East Hampton - Project description is to renovate the existing structure, placing it on pilings, construct 1,175 square feet of first and second story additions, second story decking over the existing first story, upgraded sanitary system with retaining wall and a relocated driveway on a parcel of land containing tidal wetlands, dunes, and beach vegetation. The applicant has withdrawn the detached garage from the application. Relief sought is two variances and a Natural Resources Special Permit. Public Hearing held January 31st 2017 - Hearing and record closed.

 

Board tabled making a Determination

C.              Lisa & Robert Gerbino - SCTM# 300-172-3-38.7

3 Old Station Place, Amagansett - Relief sought is to allow an existing slate pool patio to remain with rear yard lot line setbacks. Public Hearing was held February 28th 2017 - the Public Hearing was closed - but the record was left open for one week for information from the Planning Department.

 

D.              68 Prospect Hill LLC - SCTM# 300-12-2-1.14

68 Prospect Hill Lane, Montauk - Relief sought is three variances to construct a tennis court. The Public Hearing held February 28th 2017 was left open for one month for the following submissions 1) updated survey 2) ownership and whether they qualify as contiguous properties 3) Building Inspector interpretation on front yard setbacks 4) Planning Department review

E.              Adam Lindemann - SCTM# 300-33-1-2.2

16 Cliff Drive, Montauk - relief sought is a Natural Resources Special Permit and variances for construction of a swimming pool, pool fence and pergola. Public Hearing was held February 28th 2017. The Public Hearing and record was closed.

F.              Thomas Walsh - SCTM# 300-77-5-3.1

209 Three Mile Harbor Hog Creek Hwy., Springs - Relief sought is a Natural Resources Special Permit and variances to construct an addition and pergola, a second residence porch and patio. Public Hearing was held February 28th 2017. Public Hearing and record were closed.               `

IX.              MINUTES APPROVAL:

A.              February 28th 2016

Member Lys made a motion to approve the Minutes of February 28th 2017 Member Dalene seconded. All members were in favor.

X.              RESOLUTIONS

XI.              Public Speakers

1.              David Traitel

2.              Jeffrey Lindgren