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              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 July 25, 2017
East Hampton, New York

 

 

I.              CALL TO ORDER

12:00 AM Meeting called to order on July 25, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Present

Absent

Late

Arrived

Chairman John P. Whelan

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Board Member Theresa Berger

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Board Member Roy Dalene

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Board Member Cate Rogers

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Board Member David Lys

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II.              CANCELLED PUBLIC HEARING:

A.              Even Psyllos

SCTM# 300-32-5-9

 

31 Ditch Plains Road, Montauk

 

This application has been withdrawn.

III.              SCHEDULED PUBLIC HEARINGS:

A.              Morgan Young LLC

              TIME:              6:50:00 PM              APPLICANT:              Morgan Young LLC

              SIZE/LOCATION:              153,007 sq. ft. (total), 152 Hands Creek Rd., N/A, East Hampton (300-142-01-28.4)

              DESCRIPTION:              To allow a 1,149 sq. ft. two story garage to remain greater than the maximum allowable.

              RELIEF SOUGHT:              One variance of 549 sq. ft., from Section 255-11-23 of the Town Code, is required to allow the

              1,149 sq. ft. existing garage to remain greater than the 600 sq. ft. maximum allowable for

              an accessory structure, and any other relief necessary.

              ZONING DISTRICT:              A3 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:              March 30, 2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              152 Hands Creek Rd.               Subdivision

              School District:               East Hampton              Special Permit

              Zoning District:              A3 Residence              Zone Change

              Overlay District:     N/A              Variance              XX      

              Tax Map Number: 300-142-01-28.4              Natural Resources

     Applicant:                            Morgan Young LLC                                                           Special Permit   

                                          C/O Brian J. DeSesa                                                          Other: 

                                          The Adam Miller Group

P.O. Box 1947

Bridgehampton, NY 11932

             

              Telephone:                            631-537-1155

              FEMA ZONE:              X Flood Zone

              Soil Type:              Carver and Plymouth sands, 3-15% slopes (CpC); Carver and Plymouth sands, 0-3% slopes (CpA)

              Map of Property:              N/A

              Size of Parcel:              153,007 sq. ft. (total)

 

Project Description: 

To allow a 1,149 sq. ft. two story garage to remain greater than the maximum allowable.

 

Relief Requested:

One variance of 549 sq. ft., from ?255-11-23 of the Town Code, is required to allow the 1,149 sq. ft. existing garage to remain greater than the 600 sq. ft. maximum allowable for an accessory structure, and any other relief necessary.

 

Property Conditions and History:

The property is currently improved with an approximately 5,258 sq. ft. two story residence with attached decking, porch, swimming pool, slate patio, pool house with patio, a 8,319 sq. ft. lined man-made pond and the two story detached garage currently before the ZBA. The most recent certificate of occupancy was issued in 2008 for a ?8,319 sq. ft. lined man-made pond; and 600 sq. ft. one story frame detached garage.? This property appeared before the ZBA once previously in 2007 for an administrative approval to construct the lined pond. 

 

Planning Department Analysis and Recommendations for the Boards Consideration:

The property is a flag lot located on the east side of Hands Creek Road south of Wooded Oak Ln., in East Hampton. The applicant is before the Board for approval to allow a 1,149 sq. ft. two story garage to remain greater than the maximum 600 sq. ft. allowable for an accessory structure. A new residence with patio appears to be planned as well on the provided survey, however, no other structures require review by the Zoning Board at this time.

 

The garage before the Board was originally constructed sometime in 2007 or early in 2008 under a building permit (B.P. 51768) for a 600 sq. ft. one story frame detached garage. In March of 2008 the applicant received a certificate of occupancy for the garage, along with a man-made pond which was the subject of a ZBA administrative application. At some point between the C.O. issued in 2008 and now the garage was enlarged both in its footprint as well as having a second story added on.

 

According to the floor plans submitted, the first story of the garage is 613 sq. ft. which would exceed the 600 sq. ft. maximum even without including the second story. With the 536 sq. ft. second story included, the gross floor area of the entire garage is nearly double the maximum GFA allowed in the Town Code at 1,149 sq. ft. total.

 

Variances for accessory structures exceeding maximum GFA are somewhat uncommon. Since 2005 there have been approximately 16 total applications noticed for hearing. The most recent applications being Gilbert (SCTM# 009-01-5) which was denied a 971 sq. ft. accessory structure, The Association Road Trust (SCTM# 300-200-03-45.2) which allowed an existing 771 sq. ft. two story garage to remain with specific conditions, Abraham Feldman Trust (SCTM# 300-112-1-17.5) which was denied an existing 960 sq. ft. former artist?s studio to remain as just an accessory structure, and AJCJ, LLC (SCTM# 300-163-8-11) which approved a 942 sq. ft. existing historic residence to remain as an accessory structure.

 

The applicant must 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 NRSP and 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

B.              George & Anastasic Gavalas

              TIME:              7:10:00 PM              APPLICANT:              George & Anastasia Gavalas

              SIZE/LOCATION:              28,874 sq. ft. total, 43 Marine Blvd., Map No. 4987; Seaview at Amagansett Lot 39,

              Amagansett (300-179-01-09)

              DESCRIPTION:              To construct two approximately 51 sq. ft. one story additions, a 64 sq. ft. one story

              addition, a 21 sq. ft. one story addition, a 56 sq. ft. one story addition, a  175 sq. ft. one

              story addition with covered porch and steps, a 360 sq. ft. attached garage with a

              second story deck,  and a 342 sq. ft. second story addition on a parcel of land with

              dune crests and wetlands.

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

              from ? 255-4-40 (Coastal setbacks) of the East Hampton Town Code and any relief

              necessary. Variances of 67.8 ft., 77.5 ft. 58 ft. 44 ft. 50 ft, 45 ft. 50 ft, 45 ft, 55 ft.  are

              respectively required to construct  six additions to the existing residence 32.2 ft., 22.5

              ft., 42 ft., 56 ft., 50 ft., 55 ft. , 50 ft., 55 ft., and 45 ft. from the dune crest where a 100 ft.

              minimum setback is required. A 32 ft. variance is required to construct a second story

              deck on the garage 68 ft. from the wetland where a minimum 100 ft. setback is required.

              ZONING DISTRICT:              B Residence VE velocity flood zone

              SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memo

             

              Lead Agency:              (not applicable)

              Planner: Lisa D?Andrea             

              Date completed:              April 20, 2017              Site Plan

              SEQRA class: Type II              Sub Waiver

              Physical Location:              43 Marine Blvd.              Subdivision

              School District:              Amagansett              Special Permit

              Zoning District:              B Residence              Zone Change

              Overlay District Coastal Erosion Overlay Zone 1              Variance              XX

              Tax Map Number: 300-179-01-09              Natural Resources

     Applicant:                 George & Anastasia Gavalas                                   Special Permit    XX

                            c/o Jeffrey L. Bragman, PC

                            15 Railroad Ave., Suite #1

                            East Hampton, NY, 11937

                                                                                                                                                            

              Telephone:              631-324-3737             

              FEMA ZONE: VE 17 and AE 10 Flood Zones             

              Soil Type: Dune land (Du)              and Beaches (Bc)

              Map of Property:              Map No. 4987; Seaview at Amagansett Lot 39

              Size of Parcel: 28,874 sq. ft. total

 

Project Description:  To construct two approximately 51 sq. ft. one story additions, a 64 sq. ft. one story addition, a 21 sq. ft. one story addition, a 56 sq. ft. one story addition, a 175 sq. ft. one story addition with covered porch and steps, a 360 sq. ft. attached garage with a second story deck, and a 342 sq. ft. second story addition on a parcel of land with dune crests and wetlands.

 

 

Relief Requested: A Natural Resources Special Permit pursuant to Section  255-4-20 and ten variances from ? 255-4-40 (Coastal setbacks) of the East Hampton Town Code and any relief necessary.    Variances of 67.8 ft., 77.5 ft. 58 ft. 44 ft. 50 ft, 45 ft. 50 ft, 45 ft, 55 ft.  are respectively required to construct  six additions to the existing residence 32.2 ft., 22.5 ft., 42 ft., 56 ft., 50 ft., 55 ft. , 50 ft., 55 ft., and 45 ft. from the dune crest where a 100 ft. minimum setback is required. A 32 ft. variance is required to construct a second story deck on the garage 68 ft. from the wetland where a minimum 100 ft. setback is required.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

 

 

Property and History:

 

A 1,654 sq. ft. two story residence with a breezeway, 300 sq. ft. garage and 680 sq. ft. of decking was constructed in 1969. In 1982 a variance for a dune setback requirement for a 96 sq. ft.  addition to the pre-existing non conforming residence was granted by the Board. The most recent Certificate of Occupancy was issued February 4, 1987 for the 96 sq. ft. addition and interior alterations.

  The current owner acquired the property in 2014 and should be fully aware of the vulnerability and constraints of the property.

All existing and proposed structures are depicted on a Saskas Surveying survey dated revised March 9, 2017 and received by the Board on April 5, 2017. The Gavalas Residence building plans by Ernest Schieferstein Architect, dated revised February 1, 2017 were received by the Board on February 7, 2017.

 

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

 

The applicant is proposing seven additions of various sizes and an attached garage with a roof deck to be constructed on to the pre-existing non-conforming structure.    The attached garage which will be landward of the house requires a 41.2% variance and the roof deck a 32% variance. All of the other proposed additions will require more substantial variances.  Two of the additions are proposed to be seaward of the existing structure although within the existing footprint. The proposed project will be 24 sq. ft. shy of the 50% expansion cap for expansion of pre-existing non-conforming structures.

The house is situated about 110 feet seaward of the FEMA designated Limit of Moderate Wave Action (LIMWA) Line. In fact, the entire property except the extreme northwest corner is seaward of the LIMWA line. Three quarters of the property lies seaward of the Coastal Erosion Hazard Line (CEHA) and the residence itself is at it's most landward point still 80 ft. seaward of the CEHA line. It should be noted that the CEHA was mapped in 1988 and may not accurately represent current coastal risks. The residence is located in a VE 17 flood zone. The improvements are proposed to remain wholly within the Velocity Flood Zone which is defined by FEMA as coastal high hazard areas.  They are subject to high velocity water including waves; they are defined by the 1% annual chance (base) flood limits (also known as the 100-year flood) and wave effects 3 feet or greater.

The house as is exists does not meet the Town's minimum dune crest setback of 100 ft. Coastal setbacks which were codified to protect our natural resources and to lessen the danger to life and property caused by coastal flooding and storms. The Planning Department feels that it is not prudent to allow the expansion of such a non-conforming structure located so close to the dune crest. One must keep in mind that beaches and dunes are dynamic features and that the existing residence is in an extremely vulnerable location.  The patterns of sand movement and dune formation that may characterize an area could change gradually over the years or change dramatically with a severe storm or hurricane event.

 

 

Recommended Project Conditions:

a.              Project limiting fencing consisting of 4 ft. snow fence shall be erected in the location depicted on the attached Planning Department sketch dated April 18, 2017 adapted from the approved  Saskas Surveying survey dated revised March 9, 2017.  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.              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 by the Board and any proposed grading plan.

 

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

 

e.              The Dune land soils excavated for the approved structures shall 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.              The establishment of turf, lawn, sod or ornamental vegetation should be prohibited.

 

g.              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.

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

 

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  25 Tidal Wetland 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. 

 

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.              Irving Paler

              TIME:              7:30:00 PM              APPLICANT:              Irving Paler

              SIZE/LOCATION:              3.2 acres (total), 124 Beach Lane, Wainscott (300-202-02-08.2, 8.1 & 9)

              DESCRIPTION:              To demolish an existing residence and swimming pool and to construct a new 8,448

              sq. ft. two-story residence with 4,187 sq. ft. of patio or 1st and 2nd story decking, a

              swimming pool and new sanitary system on a parcel of land located within the Town?s

              jurisdiction of wetlands and containing barrier dunes, beaches and beach vegetation.

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

              The structures have been proposed 100.6? from the barrier (primary) dune crest and

              100.3? from the wetlands.

              ZONING DISTRICT:              A2 Residence AE Flood Zone, el. 16'; VE Flood Zone, el. 18'

              SEQRA CLASS:              Type II

i.              Technical Analysis Memorandum

Technical Analysis Memorandum

              Lead Agency:              (not applicable)

              Planner:              Brian Frank

              Date completed:              5/16/2017              Site Plan

              SEQRA class:              Type II              Sub Waiver

              Physical Location:              124 Beach Lane              Subdivision

              School District:              Wainscott              Special Permit

              Zoning District:              A2 Residence              Zone Change

              Overlay District:              Coastal Erosion Overlay District               Variance

              Zone 1

              Tax Map Number: 300-202-02-08.2, 8.1 & 9              Natural Resources

              Applicant:              Irving Paler              Special Permit: XX

              C/o Britton Bistrian              Other:

              PO Box 2756

              Amagansett, NY  11930

              Telephone:              (631) 921-2919

              FEMA ZONE:              AE Flood Zone, el. 16'; VE Flood Zone, el. 18'

              Soil Type:              Plymouth loamy sand, silty substratum, 0 to 3 % slopes (PsA),

              Dune land (Du), Beaches (Bc)

              Map of Property:

              Size of Parcel:              3.2 acres (total)

 

Project Description:

To demolish an existing residence and swimming pool and to construct a new 8,448 sq. ft. two-story residence with 4,187 sq. ft. of patio or 1st and 2nd story decking, a swimming pool and new sanitary system on a parcel of land located within the Town?s jurisdiction of wetlands and containing barrier dunes, beaches and beach vegetation.

 

Relief:

A Natural Resources Special Permit (NRSP) pursuant to ? 255-4-20 of the Town Code.  The structures have been proposed 100.6? from the barrier (primary) dune crest and 100.3? from the wetlands.

             

 

Property Conditions and History:

The subject premises are improved with a 2,542 sq. ft. two-story residence, swimming pool with 2,494 sq. ft. of decking and 196 sq. ft. pool shed with roof decking as noted on the 2005 Certificate of Occupancy for the property.  The proposed improvements are depicted on the George Walbridge Surveyors, PC survey dated revised 8/30/17.  The corresponding floor and elevation plans were prepared by Boris Baronovich Architects.  The spiral bound plans include a number of illustrations and were received by the Board on 2/17/16.  A separate set of elevation plans, prepared to a 1/4? = 1? scale (3 pgs) were also submitted to the file on 10/03/16.  The property owner appears to have been the owner of record since at least 1979.  A private water supply well has been proposed to serve the residence and the water supply and proposed sanitary system require approval from the Suffolk County Department of Health Services (SCDHS).  The improvements have been proposed landward of the State designated Coastal Erosion Hazard Area boundary and more than 100? from wetlands.  It is unclear if a permit from the New York State Department of Environmental Conservation (NYSDEC) is required for this application.

 

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

The property is one of three currently improved oceanfront properties located west of Beach Lane in Wainscott.  This section of Wainscott oceanfront is one of the most severely flood and erosion prone locations within the Town.  This long term and well documented severe erosion extends significantly into the adjoining jurisdictions within the Town of Southampton to the west and has resulted in the formation of the Bridgehampton and Sagaponack Erosion Control Districts.  The subject and adjoining properties have obtained numerous building permits over the years to add significant volumes of beach compatible sand to augment or rebuild the barrier dunes that are primary protective formations for the residential improvements on the respective properties.   Over the past twelve years the subject property alone has obtained or renewed  building permits to add 3,000 cubic yards of sand in 2005, 2007, 2009, 2010, 2012 and 2013.

 

The application represents a substantial intensification of the residential use of the property.  The proposed 8,448 sq. ft. residence is more than four times the gross square footage of the existing 2,542 sq. ft. residence and represents 96% of the 8,991 sq. ft. maximum gross floor area (GFA) generically allowed on any parcel of this size, irrespective of environmental conditions, permitted until a recent revision of this Code provision.  The improvements have been proposed up to the minimum wetland setbacks to the west of the property and primary dune setbacks.  The width (east-west span) of the proposed improvements are proposed to increase from approximately 103? to 182 feet.   It is likely that the improvements on the subject and neighboring properties would have been critically imperiled, damaged or completed destroyed if not for the repeated additions of thousands of cubic yards of sand over the past 15 years or longer.  It should be noted that the primary dune fronting the subject and adjoining properties to the west was completely destroyed during Hurricane Sandy in 2012.  During that storm, the ocean breached the barrier dune and over washed into Wainscott Pond, briefly connecting the pond and the Atlantic Ocean and destroying the residence located at tax map lot 7.   The dune at the subject property was reconstructed in 2013 and has remained relatively stable to date.

 

The vulnerability of this property to coastal erosion and flooding makes it a poor candidate to aggressively redevelop as currently proposed.  The application does not appear to satisfy the special permit standards of ? 255-5-40 or the specific NRSP standards in ? 255-5-51 of the Town Code.  Among the purposes of zoning (articulated in ?255-1-11 of the Town Code) are the provision for the orderly growth of the community and securing safety from flood, storm and other dangers.  Climate change models predict increased rates of sea level rise and at least, an increase in the intensity, if not the quantity of severe weather events that will likely impact the rate and severity of coastal erosion and flooding.  The residence has been proposed approximately 8? landward of the State designated Coastal Erosion Hazard Area (CEHA) boundary.  It should be noted that this boundary has not been updated since its original adoption in 1988 and does not appear to accurately indicate contemporary coastal hazard risks.  It is the opinion of the Planning Department that the vulnerability of this property to flooding and erosion is much more accurately represented by the location of the Limit of Moderate Wave Action (LiMWA) boundary shown on federal flood maps, most recently adopted in 2009.  The LiMWA boundary represents the inland limit that may be expected to receive 1.5? or greater breaking waves during the 1% annual chance flood event (aka, ?the100 year storm?).   The LiMWA boundary is located roughly 160? north of the northeastern corner of the property and more than 775? north of the northwestern corner of the property. 

 

The application should be redesigned to significantly reduce the scale and intensity of the new development.  Since the vulnerability of flooding and erosion substantially increases in the western portion of the property, the redevelopment should be concentrated in the eastern portion of the property.  Limiting development in the western portion of the property will reduce the overall vulnerability of new structures to some of the flooding and erosion risks inherent in this area of Wainscott.  It will also reduce the span of exposure that will need to be protected by soft or non-structural protection efforts associated with dune restorations.  A smaller residence would likely necessitate a less extensive sanitary leaching field and would further allow an easterly shift of improvements.  Prior to the public hearing for this application the Board should review the scale of the improvements approved on the adjoining property to the west (SCTM:300-202-02-04)  which was redeveloped pursuant to a 1999 Zoning Board determination.  

 

It should be noted that there are no ?hard? coastal erosion structures in this area of Town and such a structure is prohibited and would require a variance from the Town?s NRSP regulations.  Although the residence is proposed in the ?AE? flood zone that does not require open piling foundations, the Federal Emergency Management Agency (FEMA) recommends constructing to Velocity (VE) zone standards for structures seaward of the LiMWA boundary.  Due to the property?s location significantly seaward location of this boundary, the Planning Department would strongly encourage any new residence to be constructed to these standards.

 

Summary of Mitigation:

Mitigation measures for new development can be discuss at the public hearing and summarized in writing upon request from the Board.

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              The Ross School

SCTM# 300-87-3-2.2

 

260 Old Montauk Highway

Montauk

 

Applicant requesting an Extension of Time to maintain Building Permit No construction has been initiated or completed.

B.              Druker McCombs LLC

SCTM# 300-87-3-2.2

 

260 Old Montauk Highway

Montauk

 

Applicant requesting an Extension of Time to maintain Building Permit No construction has been initiated or completed.

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Golby

SCTM# 300-32-6-4.1

136 Benson Drive, Montauk

 

Project Description is to construct a 578 sq. ft. pool, a 52 sq. ft. terrac e, a 126 sq. ft. pergola, and to reconfigure the driveway on a parcel of land containing freshwater wetlands.

VII.              BOARD DETERMINATIONS:

A.              Carter Burwell

Modification Request

SCTM# 300-179-1-10

39 Marine Boulevard, Amagansett

B.              My Wife Really Likes It

SCTM# 300-200-3-8

1 Association Road, Wainscott

 

Letter received from Farrell Fritz dated July 11th asking for an additional  60 day adjournment from a public hearing that was held June 20th and already left open for one month.

 

The applicant is working with the Town Trustee's in seeking an approval and may be required to amend its application. Applicant there requries more time and may need to submit new information

VIII.              BOARD DECISIONS:

A.              Montauk Properties

              APPLICANT:              Montauk Properties, LLC

              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

B.              Eric Cole

  APPLICANT:              Eric Cole

              SIZE/LOCATION:              1,160 sq. ft., 100 DeForest Rd. Unit 15, Map No. 80 (1982); Map No. 55 (1977),

              Montauk (300-32.1-01-01)

              DESCRIPTION:              To allow a 765 sq. ft. manufactured home and a 6 sq. ft. heat pump/compressor to

              remain at their current elevation on a parcel of land within a FEMA AE 16 flood zone.

              RELIEF SOUGHT:              Two variances from ?255-3-44 C.1. (Flood Hazard Construction Standards) of the

              Town Code.  A 2.4 ft. variance is requested to allow a 765 sq. ft. mobile to remain at

              15.6  ft. first floor elevation where a minimum 18 ft.  elevation is required. A 5 ft.

              variance is requested to allow a heat pump/compressor to remain at 11 ft. elevation

              where a minimum 16 ft. elevation is required.

              ZONING DISTRICT:              RS- Resort

              SEQRA CLASS:              Type II


C.              Jim and Kim Welsch

  APPLICANT:              Jim and Kim Welsch

              SIZE/LOCATION:              2,000 sq. ft., 100 DeForest Rd. Unit 411, Map No. 80 (1982); Map No. 55 (1977),

              Montauk (300-32.1-01-20)

              DESCRIPTION:              To allow a 12 sq. ft. heat /air conditioner to remain at their current elevation on a parcel

              of land within a FEMA AE 14 flood zone.

              RELIEF SOUGHT:              One variance from ?255-3-44 B.3. (Flood Hazard Construction Standards) of the Town

              Code and any relief necessary.  A 1.6 ft. variance is requested to allow a 12 sq. ft. heat

              /air conditioner to remain at 12.4  ft. elevation where a minimum 14 ft. elevation is

              required .

              ZONING DISTRICT: RS- Resort, AE Flood Zone, elevation 14

              SEQRA CLASS:              Type II

D.              Anthony & Janice Paratore

APPLICANT:              Anthony & Janice Paratore

              SIZE/LOCATION:              2,000 sq. ft., 100 DeForest Rd. Unit 411, Map No. 80 (1982); Map No. 55 (1977),

              Montauk (300-32.1-01-83)

              DESCRIPTION:              To allow a 12 sq. ft. heat /air conditioner to remain at their current elevation on a

              parcel of land within a FEMA AE 14 flood zone.

              RELIEF SOUGHT:              One variance from ?255-3-44 B.3. (Flood Hazard Construction Standards) of the Town

              Code and any relief necessary.  A one ft. variance is requested to allow a 12 sq. ft.

              heat /air conditioner to remain at 13  ft.  elevation where a minimum 14 ft. elevation is

              required .

              ZONING DISTRICT:              RS- Resort, AE Flood Zone, elevation 14

              SEQRA CLASS:              Type II

E.              James & Susan Wandzilak

APPLICANT:              James & Susan Wandzilak

              SIZE/LOCATION:              1,160 sq. ft., Edgewater#3, Map No. 80 Unit #3, Montauk (300-32.1-01-12)

              DESCRIPTION:              To allow a 599 sq. ft. mobile home to remain at a first floor elevation of 14.9 ft. in a

              Federal Emergency Management Act (FEMA) AE 16 flood zone.

              RELIEF SOUGHT:              A 3.1 ft. variance from ?255-3-44 C.1. (Flood Hazard Construction Standards) of the

              Town Code to allow a 599 sq. ft. mobile home to remain at 14.9 ft. first floor elevation

              where a minimum 18 ft. first floor elevation is required.

              ZONING DISTRICT:              RS- Resort AE Flood Zone, elevation 16

              SEQRA CLASS:              Type II

IX.              MINUTES APPROVAL:

A.              July 18th 2017

X.              RESOLUTIONS

A.              Russell

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

GERARD RUSSELL

SCTM #300-194-01-29

_____________________________________

HEARING DATE:              June 6, 2017

                                

PRESENT:                            JOHN WHELAN, Chair

                                          CATE ROGERS, Vice-Chair

                                          DAVID LYS, Member

                                          ROY DALENE, Member

                                          THERESA BERGER, Member

 

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

DENISE A. SAVARESE, Legislative Secretary

JAMES KOMMER, Planner

                                          RICHARD A. HAMMER, ESQ., Agent for Applicant

                                          JOEL HALSEY, Agent for 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 Member Dalene of this Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION:

                                               To construct a pool deck within the side yard lot line and rear yard lot line

setback and to allow the existing pool heater to remain within the rear yard lot line setback.

 

2.              RELIEF OR APPROVAL SOUGHT:

The following three (3) variances from ? 255-11-10 (Table III) and ?255-11-89 of the Town Code are required: (1) A 1.4? variance is required to allow a pool deck to be built 18.6? from northern (rear) lot line where a 20? setback is required; (2) A 4.5? variance is required to allow a pool deck to be built 15.5? from eastern (side yard) lot line where a 20? setback is required; and, (3) A 1.8? variance is required to allow the pool heater to remain 18.2? from the northern (rear) lot line where a 20? setback is required; and, any other relief necessary

 

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE: 20,350 sq. ft. (total) 

2.              STREET LOCATION: 50 Wireless Road 

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: East Hampton

5.              FILED MAP NAME: Subdivision Plat of R. Edward Grimshaw, Esq.

6.              FILED MAP NUMBER: 548

7.              DATE OF MAP FILING: September 11, 1919

8.              BLOCK NUMBER IN FILED MAP: N/A

9.              LOT NUMBER IN FILED MAP:  part of lots 39 & 40

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:  #300-101-02-6.3

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: B 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 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 wood deck, stone driveway, attached carport, wood trellis over slate entry, pool and pool equipment. The most recent certificate of occupancy was in 2014 for a ?Two-story, one-family residence having one kitchen only, 613 sq. ft. wood decking; and 393 sq. ft. one story addition, 315 sq. ft. carport and 120 sq. ft. wood decking; 288 sq. ft. vinyl swimming pool with proper fencing and dry well. Slate patio removed from premises as indicated on attached survey?. All of the improvements can be found on the Hands On Surveying map dated last revised June 7, 2017 and stamped received by the Zoning Board on June 13, 2017. The property has not appeared before the Zoning Board previously.

 

2.              In May of 2001, a building permit was obtained by Edward Krug for a 288 sq. ft. vinyl pool. The property was inspected post completion of the pool and a C.O. was obtained in October of 2001. Between 2001 and 2004, the addition of a slate pool patio was carried out without the benefit of a building permit. The addition of the slate pool patio is within the required 20? rear and side yard setbacks as per ? 255-11-10 (Table III) and ?255-11-89E of the Town Code at 18.6? from the northern (rear) lot line and 15.5? from the eastern (side yard) lot line. The installation of the pool heater at a distance of 18.2? from the northern (rear) lot line was also within the aforementioned 20? required setback for pools, pool decks and equipment.  

 

3.              The Board finds that granting the requested variances does not cause an undesirable change to the character of the neighborhood or create a detriment to nearby properties.  The pool deck borders a shared driveway and is protected from outside views by an existing wooden fence.  No neighbors submitted letters or spoke out at the public hearing against the location of the pool heater or pool deck.              

 

4.              The Board finds that the benefit sought by the applicant with regard to the location of the pool deck and heater cannot be achieved by some method feasible for the applicant to pursue other than the requested area variances.  The swimming pool was installed in 2001 with the benefit of a building permit and without the need for variances.  The pool heater and deck will be in the best locations possible to service the swimming pool. Moreover, no detriment to the character of the neighborhood will be compromised. The Board finds that the benefit to the applicant 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.

 

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 Board finds that the requested variances are de minimis. The pool heater and deck are not visible to any outside views and do not prevent the enjoyment of neighboring properties. The pool equipment meets the setbacks, but the heater does not meet the setback.        

 

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.  The location of the pool heater and deck are not expected to have a negative effect on any physical or environmental conditions in the neighborhood.            

 

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: 

The following three (3) variances from ? 255-11-10 (Table III) and ?255-11-89 of the Town Code are granted: (1) A 1.4? variance is granted to allow a pool deck to be built 18.6? from northern (rear) lot line where a 20? setback is required; (2) A 4.5? variance is granted to allow a pool deck to be built 15.5? from eastern (side yard) lot line where a 20? setback is required; and, (3) A 1.8? variance is granted to allow the pool heater to remain 18.2? from the northern (rear) lot line where a 20? setback is required.

 

2.              DESCRIPTION OF WORK APPROVED:

                                               To construct a pool deck within the side yard lot line and rear yard lot line

setback and to allow the existing pool heater to remain within the rear yard lot line setback.

             

H.              CONDITIONS OF APPROVAL

 

              Grant of the specified variances is specifically conditioned upon compliance with the conditions set forth in this section of the determination.  All improvements shall be made, built, or installed in accordance with the survey and plans described below.

 

1.              APPROVED SURVEY:  Prepared by Hands On Surveying, dated last revised June 7, 2017, and stamped received by the Zoning Board on June 13, 2017. 

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  N/A

 

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.

 

CONCURRING:

 

 

                              JOHN WHELAN, Chair                                                       

                            CATE ROGERS, Vice-Chair

                            DAVID LYS, Member

                            ROY DALENE, Member

 

DISSENTING:

 

                            THERESA BERGER, Member

 

Dated: July 25, 2017

 

cc:                Building Department

              Planning Department

       Richard A. Hammer, Esq., Agent for Applicant

 

 

 

B.              Mejias

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

______________________________________________                                  

             

In the Matter of the Application

 

            of                                                                                                                 DETERMINATION

 

DAVID MEIJAS

SCTM # 300-174-02-03

______________________________________________

HEARING DATE: May 23, 2017

                                

PRESENT:                            JOHN WHELAN, Chair

                                          CATE ROGERS, Vice-Chair

                                          DAVID LYS, Member

                                          ROY DALENE, Member

                                          THERESA BERGER, Member

                                                                     

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

                                          DENISE SAVARESE, Legislative Secretary

                                          LISA D?ANDREA, Planner

                                          ELIZABETH E. VAIL, ESQ., Agent for Applicant

                                          ERIN HANLON, Landscape Architect

                                                                                   

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 demolish the existing residence and construct a 2,383 sq. ft. two story residence, a 303 sq. ft. accessory structure, a 700 sq. ft. swimming pool, a 252 sq. ft. pool deck, and a new sanitary system on a parcel of land containing dune land and beach vegetation.

 

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

 

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE: 19,734 sq. ft. (total) 

2.              STREET LOCATION: 71 Cliff Road  

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Amagansett 

5.              FILED MAP NAME:  Hampton Dunes

6.              FILED MAP NUMBER: 4694

7.              DATE OF MAP FILING: August 17, 1966

8.              BLOCK NUMBER IN FILED MAP: N/A

9.              LOT NUMBER IN FILED MAP: 74

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:  #300-174-02-03

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: B 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 to be eligible for issuance of the requested Natural Resources Special Permit, applicant must show that the proposed action is compatible with the purposes of ?? 255-1-11 and 255-4-10 of the East Hampton Town Code and satisfies the criteria set forth in ?? 255-5-40 and 255-5-51 (Natural Resources Special Permit) of the Town Code.

 

2.              The Board finds that grant of the instant application will be consistent with the requirements of both Town Law ? 267-b and Town Code ? 255-8-50.

 

F.              ADDITIONAL FINDINGS AND CONCLUSIONS

 

1.              The parcel is currently improved with a 924 sq. ft. two story residence with 352 sq. ft. of deck constructed prior to zoning. The current owner and applicant acquired this property in October 2014.  The most recent Certificate of Occupancy was issued August 14, 1968.  All existing and proposed structures are depicted on a Saskas Surveying Company survey dated last revised May 26, 2017 and stamped received by the Zoning Board on June 7, 2017.  The   Proposed Site and Grading Plan as well as the Planting Plan were prepared by The Laurel Group, both plans dated last revised May 25, 2017, and stamped received by the Zoning Board on June 7, 2017.  The corresponding construction protocol was prepared by LabHaus, stamped received by the Zoning Board on June 7, 2017.                                                                                                                                                                                                                                                                                                                                                                                                                                                        

 

2.              This property is located east of Cliff Road on Montauk Highway and has two front yards.  However, it is noted in the parcel history there is to be no access onto Cliff Road. The property has steep topography in the northern portion. The existing house with its deck sits at the foot of the slope and has an unpaved driveway. Other than around the immediate house there is very little disturbance to the natural habitat. To the north of the house is quality oak woodland and to south of the house is high quality dune land with protected beach vegetation such as bearberry (Arctastophylos uva-ursi), beach grass (Amophila brevigulata), lichen (Cladonia spp), and beach heather (Hudsonia tomentosa).  Beach vegetation provides ecological value in terms of drainage, habitat for dune land wildlife and significantly contributes to the character of the neighborhood.  Construction of a residence with pool, decking, accessory structure, wooden walkway, and driveway over a portion of a previously uncovered section of the property substantially reduces absorption of rainwater into the ground and could have a significant effect upon the direction of travel of the remaining underground waters.

 

3.              The original project as proposed has been modified and the applicant has taken into account the recommendations of the Planning Department. The project has been consolidated and downscaled in an effort to preserve the existing beach vegetation and duneland habitat. The beach vegetation is an important component in retaining the Town?s rural beach character and as an ecological benefit for wildlife and storm water absorption. The house and pool will be behind the dune land and beach vegetation situated further from Cliff Road than many of the houses on Cliff Road.  The existing building coverage is 932 sq. ft. and the proposed building coverage will be 1,766 sq. ft. or about doubled. The total lot coverage is proposed to increase from about 3,000 sq. ft. to 4,606 sq. ft. or about a 9% increase.

 

4.              The proposed parking area, the walkway, the storage shed, the proposed water line have been relocated to the western side of the property. This western portion of the property, where the driveway is, has already been disturbed. The pool is proposed closer to the house and the pool decking has been decreased from 665 sq. ft. to 252 sq. ft. The sanitary system has been relocated east of the house and pool in an area with no remaining beach vegetation. The Planning Department questioned the proposed location of the pool equipment and the applicant relocated the pool equipment slightly, as reflected in the approved survey below.  

 

5.              The Zoning Board finds the nature of the proposed use will be in harmony with and will promote the general purposes of the Town of East Hampton Zoning Law as described by ? 255-1-11 of the Town Code. Specifically, the proposed locations of the house addition and accessory structure, swimming pool, pool deck and sanitary system will not cause a detriment to the beach vegetation or dune land. 

 

6.              The Board finds the lot area to be sufficient, appropriate and adequate for the proposed improvements.  While applicant is more than doubling the size of the existing house on the property, applicant is limiting disturbance to the natural features on the site by consolidating the structures. The Board notes that total lot coverage on the property is only increasing slightly from 15.20% to 22.83% where 50% is permitted.

 

7.              The Board finds that the proposed use will not prevent the orderly and reasonable use of adjacent properties because the proposed project has been consolidated to maintain existing vegetation on the property. The beach vegetation is an important component in retaining the Town?s rural beach character and an ecological benefit for wildlife and storm water absorption.        

 

8.              The Board finds that the characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption to important natural features.  As noted by the Planning Department, the proposed project has been consolidated and downscaled in an effort to preserve the existing beach vegetation and dune land habitat. The house and the pool will be behind the dune land and beach vegetation situated further from Cliff Road than many of the houses on Cliff Road. An updated sanitary system will provide and additional environmental benefit to the property.

 

9.              The Board finds that adequate provision can and will be made for the collection and disposal of stormwater runoff from the proposed project, as the Board will require that all roof runoff will be directed by leaders and gutters into one or more catchment basins. Moreover, by consolidating the project, applicant will maintain much of the beach vegetation. This natural vegetation provides important storm water absorption.

 

10.              The Board finds that the proposed project, constructed in accordance with the proposed mitigation measures set forth below promotes the public interest in adequately preserving the dune land and beach vegetation. 

 

11.              The Board notes that there is a 1.0? wide reserved strip located on the survey. At public hearing, the Board requested information regarding that strip of land. As the Board did not receive this information prior to the close of the record, the Board would like to received this information submitted as a condition of approval.

 

12.              The Board finds that the application with the mitigation measures set forth herein meets the requirements for a Natural Resource Special Permit.

 

 

G.              DISPOSITION OF APPLICATION

 

              For the reasons set forth herein, the Board makes the following determination with respect to the application:

 

1.              RELIEF OR APPROVAL GRANTED:  A Natural Resources Special Permit (NRSP) pursuant to 255-4-20 of the Town Code is granted.

 

2.              DESCRIPTION OF WORK APPROVED: 

To demolish the existing residence and construct a 2,383 sq. ft. two story residence, a 303 sq. ft. accessory structure, a 700 sq. ft. swimming pool, a 252 sq. ft. pool deck, and a new sanitary system on a parcel of land containing dune land and beach vegetation.

 

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 Saskas Surveying Company, survey dated last revised May 26, 2017, and stamped received by the Zoning Board on June 7, 2017.

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  The construction plans were prepared by LABHaus, dated October 15, 2016, and stamped received on June 7, 2017. The   Proposed Site and Grading Plan as well as the Planting Plan were prepared by The Laurel Group, both plans dated last revised May 25, 2017, and stamped received by the Zoning Board on June 7, 2017.       

 

3.              APPROVED PLANNING DEPARTMENT SKETCH:  Dated May 10, 2017, and adapted from the Saskas Surveying Company, survey dated last revised April 26, 2017, and stamped received by the Zoning Board on May 3, 2017. 

 

4.              APPROVED CONSTRUCTION PROTOCOL: Dated May 19, 2017 and stamped received by the Zoning Board on May 23, 2017.

 

5.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

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 referenced above 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, and deteriorated or upon request of the Building Department or a delegate of the Zoning Board of Appeals. 

 

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

 

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

 

d.              The property shall be revegetated in accordance with the approved Planting Plan. The Board or its delegate shall inspect the revegeation for adequacy prior to issuance of a Certificate of Occupancy.

 

e.              The residence shall be furnished with gutters and leaders to direct stormwater from roofs into one or more catchment basins. Said catchment basin or basins shall have a combined volume (in cubic feet) equal to the surface area of the roof (in square feet), divided by six. Said catchment basin shall be made available for inspection by the building inspector prior to backfill.

 

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

 

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

 

h.              Applicant shall provide the Board with information regarding the 1?0 wide reserved strip depicted on the approved survey prior to the issuance of a building permit.

 

i.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the provisions of the paragraphs (c), (e), (f) and (g) 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.

 

j.              A copy of the Natural Resources Special Permit and the survey shall be available on the parcel at all times.

 

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

 

l.              Applicant shall apply for and obtain a Certificate of Occupancy no more that 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 WHELAN, Chairman

              CATE ROGERS, Vice Chair

              DAVID LYS, Member

              ROY DALENE, Member

              THERESA BERGER, Member

 

Dated: July 25, 2017

 

cc:                Building Department

              Planning Department

       Elizabeth E. Vail, Esq, Agent for Applicant

 

 

             

 

             

C.              Stephens, Wang

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

             

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

GARY STEPHENS, LINQUIN WANG

and SIREN WEI

 

SCTM # 300-28-03-03

_____________________________________

HEARING DATE: June 6, 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

                                          TYLER BORSACK, Planning Department

                                          CHRIS BEHAN, Agent for 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 Member Berger of this Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION:  To construct an approximately 460 sq. ft. second story deck with new stairs and landing within the Towns jurisdiction of freshwater wetlands.

 

2.              RELIEF OR APPROVAL SOUGHT:  A Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code and two (2) variances are required for this application. Variances of approximately 67? and 65? from ?255-4-30 of the Town Code are required to allow the stairs to be located 33? and second story decking to be located 35? from the freshwater wetlands to the east where 100? setbacks are required, and any other relief necessary.

 

B.              PROPERTY SIZE & LOCATION

 

1.              LOT SIZE:  19,720 sq. ft. (total) 

2.              STREET LOCATION: 49 South Fairview Avenue

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Montauk

5.              FILED MAP NAME:  Montauk Beach Development Corp.

6.              FILED MAP NUMBER: 1016

7.              DATE OF MAP FILING: May 6, 1927

8.              BLOCK NUMBER IN FILED MAP: 89

9.              LOT NUMBER IN FILED MAP: 12

10.              SUFFOLK COUNTY TAX MAP DESIGNATION:  #300-28-03-03

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: B 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 to be eligible for issuance of the requested Natural Resources Special Permit, applicant must show that the proposed action is compatible with the purposes of ?? 255-1-11 and 255-4-10 of the East Hampton Town Code and satisfies the criteria set forth in ?? 255-5-40 and 255-5-51 (Natural Resources Special Permit) of the Town Code.

 

2.              In order for this Board to grant applicant the requested area variance, 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.?

 

3.              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 variances sought are 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.

 

4.              The Board finds that grant of 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 a 460 sq. ft. attached garage, first story deck, pavers, walkway, driveway, and sanitary system. The most recent certificate of occupancy was issued October 9, 2015 for ?Solar panels on roof of existing single family residence?. The property has appeared before the Zoning Board once previously in 1989. The property is located on the east side of South Fairview Avenue, in Montauk. The applicant is before the Board for approval to construct an approximately 460 sq. ft. second story deck over an existing attached garage with stairs and a landing for access within setbacks to freshwater wetlands to the east.  All existing and proposed improvements are depicted on the James P. Walsh, L.S., survey, dated last revised May 13, 2016. 

 

2.              The wetlands within jurisdiction consist of a portion of a fairly substantial swamp containing a ditch and standing water in its lowest elevations. These wetlands are part of a complex drainage system that influences other wetlands in the area. Surface water can frequently be seen seeping north across South Ferncroft Place and continues within the right-of-way of Gage Place directly into an extensive wetland complex that drains into the southern portion of Lake Montauk. The soils underlying the site have been identified as having a high seasonal water table or slow permeability, contributing to the poor drainage in the area. 

 

3.              The Board finds that granting the requested variances does not cause an undesirable change to the character of the neighborhood or create a detriment to nearby properties.  The proposed project is not expected to interfere with the enjoyment of neighboring properties as it will be constructed over an existing garage.  No neighbors submitted letters or spoke against the proposed project at the public hearing.                                                                                   

 

4.              The Board finds that 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 property is constrained by the presence of freshwater wetlands on the subject parcel.  The proposed decking with stairs and landing will be constructed in the best place to provide easy and safe egress and ingress for the applicants and their guests.                      

 

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 the applicant to request the area variances.  The proposed second story deck above the existing garage is a fairly minimal change on the property that does not decrease any existing setbacks and does not greatly increase the intensity of use on the property.  

 

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 applicants will establish a scenic easement covering the wetlands and the rear portion of the property. The scenic easement includes several thousand square feet across a large portion of the back half of the property. The area where the scenic easement is proposed is mostly undisturbed and nearly the entire easement is made up of freshwater wetland habitat. The easement will help to protect the wetlands on this property in perpetuity and help to prevent disturbance and encroachment in the future.                

 

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). 

 

8.              The Zoning Board finds the nature of the proposed use will be in harmony with and will promote the general purposes of the Town of East Hampton Zoning Law as described by ? 255-1-11 of the Town Code. 

 

9.              The Board finds the lot area to be sufficient, appropriate and adequate for the proposed improvements.  The total lot coverage will be 3,165 sq. ft., well below the 6,316 sq. ft. permitted for the subject parcel.           

 

10.              The Board finds that the proposed use will not prevent the orderly and reasonable use of adjacent properties as no impact to adjacent properties is anticipated from the construction of the proposed project.  The proposed project is relatively modest and no neighboring property owners spoke against the project either in writing or at the public hearing.     

 

 

11.              The Board finds that the characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption to important natural features.  No detriment to the wetlands on the subject parcel is expected from the construction of the decking and stairs. Moreover, a scenic easement established over the wetlands on the property will mitigate any detrimental impacts from the proposed project.    

 

12.              The Board finds that the benefit to the applicant from grant of the requested variances outweighs any detriment which grant of the variances will cause to the general health, safety and welfare of the neighborhood and the Town as a whole.

 

13.              The Board noted at public hearing that a shed is currently located in the front yard of the property and does not meet the required setbacks. The Board notes that applicant will need to remove the shed or relocate the shed to a conforming location prior to issuance of a certificate of occupancy.

 

G.              DISPOSITION OF APPLICATION

 

              For the reasons set forth herein, the Board makes the following determination with respect to the application:

 

1.              RELIEF OR APPROVAL GRANTED: 

A Natural Resources Special Permit pursuant to ?255-4-20 of the East Hampton Town Code and two (2) variances are granted. Variances of approximately 67? and 65? from ?255-4-30 of the Town Code are granted to allow the stairs to be located 33? and second story decking to be located 35? from the freshwater wetlands to the east where 100? setbacks are required.

 

2.              DESCRIPTION OF WORK APPROVED: 

To construct an approximately 460 sq. ft. second story deck with new stairs and landing within the Towns jurisdiction of freshwater wetlands.

 

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 James P. Walsh, L.S., dated last revised May 13, 2016.   

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  N/A         

 

3.              APPROVED PLANNING DEPARTMENT SKETCH:  Dated March 9, 2017 and adapted from the James P. Walsh, L.S. survey dated last revised May 13, 2016.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

 

4.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

 

a.              Sediment control fencing consisting of staked straw bales shall be erected in the location depicted on the attached Planning Department sketch approved above 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.              The Board, or their delegate, prior to the issuance of a building permit, shall inspect the project limiting fencing for adequacy.

 

c.              A scenic easement shall be established in the location depicted 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.

 

d.              Applicants shall move the existing shed to a more conforming location or seek variance(s) to allow the shed to remain in its current location prior to the issuance of a Certificate of Occupancy.

 

e.              Applicants shall apply for and obtain a Building Permit no more than thirty-six (36)

months from the date of filing this determination.

 

f.              Applicants shall apply for and obtain a Certificate of Occupancy no more than eighteen (18) months from the date of issuance of a building permit.

 

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

 

 

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: July 25, 2017

 

cc:                Building Department

              Planning Department

              Applicant







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