EH Town Zoning Board of Appeals              300 Pantigo Place

                            East Hampton, NY  11937

              Regular Meeting              www.ehamptonny.gov

 

              ~ Minutes ~              Denise Savarese

                            (631) 324-8816

 

Tuesday, August 1, 2017              6:30 PM              Town Hall Meeting Room

 

I.              CALL TO ORDER

6:30 PM Meeting called to order on August 1, 2017 at Town Hall Meeting Room, 159 Pantigo Road, East Hampton, NY.

 

Attendee Name

Organization

Title

Status

Arrived

John P. Whelan

Town of East Hampton

Chairman

Present

 

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

 

Denise Savarese

Town of East Hampton

Secretary

Present

 

Beth Baldwin

Town of East Hampton

Asst. Attorney

Present

 

II.              WITHDRAWN APPLICATION

Andrew P. Kraus -

A.              Andrew P. Kraus

Tax Map Number: 300-100-02-15.10             

Applicant:                            Andrew P. Kraus                                                             

                                          C/O Gerard E. Meyer, Architect                              

                                          14 Covert Avenue

                                          Stewart Manor, NY 11530-2219

 

Application has been withdrawn.

III.              SCHEDULED PUBLIC HEARINGS:

A.              Kenneth Brabant

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

              SIZE/LOCATION:              20,000 sq. ft., 51 Lincoln Ave., Montauk Manor, Section 4, Block 50, lots 31-              40., Springs (300-058-08-9.1)

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

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

              ZONING DISTRICT:              B Residence Zone X Flood Zone

              SEQRA CLASS: Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Vice Chair Rogers conducted a field inspection and reported her findings to the Board.

 

Speakers at the Public Hearing:

 

Kenneth Brabant, Applicant

Tyler Borsack, Planning Department

 

Vice Chair Rogers made a motion to close the Public Hearing and record. Member Dalene seconded. All members were in favor.

 

 

B.              Daniel and Jennifer Salsedo

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

              SIZE/LOCATION:              22,833 sq. ft. (total), 29 Cosdrew Ln., East Hampton Knolls, lot 95, map #               3561, East Hampton (300-156-04-21)

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

              RELIEF SOUGHT: Four variances are required for this application. Two variances of 24.5 ft.               and               30 ft. from 255-11-10 of the Town Code are required to allow the shed to remain               approximately 5.5 ft. and roof overhang to remain 0 from, and extend over, the southeastern               front yard lot line setbacks where 30 ft. is required. Two variances of approximately 1 ft. and

              approximately 8 ft. from 255-11-72D are required to allow the shed and roof overhang to

              remain outside of the Towns pyramid regulations, and any other relief necessary.

              ZONING DISTRICT: B Residence Zone X Flood Zone

              SEQRA CLASS: Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Member Dalene conducted a field inspection and reported his findings to the Board.

 

Speakers at Public Hearing:

 

Daniel Salsedo, Applicant letter of support submitted into the record

Tyler Borsack, Planning Department

 

Member Dalene made a motion to close the Public Hearing and record. Vice Chair Rogers seconded. All members were in favor.

 

C.              The Adam Wade Potter Revocable Trust

              TIME:              7:30:00 PM             

              APPLICANT:              The Adam Wade Potter Revocable Trust

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

              DESCRIPTION:              To remove the existing residence and associated structures and to construct a               3,041               sq. ft. residence with 1,152 sq. ft. of covered and screened porches, a 558 sq. ft. blue

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

              jurisdiction of bluffs and tidal wetlands.

              RELIEF SOUGHT: Five variances from the East Hampton Town Code and a Natural Resources               Special Permit pursuant to 255-4-20 of the East Hampton Town Code are required for this

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

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

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

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

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

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

              and any other relief necessary.

              ZONING DISTRICT: A Residence Zone X Flood Zone

              SEQRA CLASS: Type II

              10/25/2016

 

Chairman Whelan read the Notice of Public Hearing into the record. Counsel Baldwin noted that the Affidavit of Service and Posting was in order. Vice Chair Rogers conducted a field inspection and reported her findings to the Board.

 

Speakers at Public Hearing:

 

Denise Schoen, Attorney for Applicant

Dan Michels, Architect

Tyler Borsack, Planning Department

 

Vice Chair Rogers made a motion to close the Public Hearing and record. Member Dalene seconded. All members were in favor.

D.              Joseph Scalia

              TIME:              7:50:00 PM             

              APPLICANT:              Joseph Scalia

              SIZE/LOCATION: 12,000 sq. ft., 10 Bayberry Lane, Map No. 4694; Map of Hampton Dunes Lot               No. 99, Amagansett (300-176-01-08)

              DESCRIPTION:              To allow the 1,695 sq. ft. existing residence and shed to remain, to install new               decking around the existing pool and install a new sanitary system on a parcel of land within

              Natural Resources Special Permit jurisdiction

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

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

              SEQRA CLASS: Type II

 

Chairman Whelan read the Notice of Public Hearing into the record. 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.

 

Speakers at Public Hearing:

 

Joel Halsey, Agent for the Applicant

Lisa D'Andrea, Planning Department

Joseph Scalia, Applicant - willing to lift the house 2 ft. to alleviate any future delays.

 

Member Lys made a motion to close the Public Hearing but leave the record open for two weeks for applicant to submit new plans into the record showing the house being raised 2 ft.; revegetate disturbed areas. Member Berger seconded. All members were in favor.

 

 

 

 

 

 

 

IV.              WORK SESSION:

V.              EXTENSION OF TIME:

A.              David Oberg

SCTM# 300-32.1-1-245

100 DeForest Road, Unit 807 Montauk

 

Extension of Time requested to receive a Building Permit.

 

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

 

B.              Christopher Winkler

SCTM# 300-19-6-7.3

37 Freemont Road, Montauk

 

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

 

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

VI.              POSSIBLE ADMINISTRATIVE APPLICATIONS:

A.              Marisa Bastin

SCTM# 300-175-2-18

 

11 Cliff Road, Amagansett

 

Natural Resources Special Permit - Pool

 

Tabled

 

B.              Golby

SCTM# 300-32-6-4.1                  

136 Benson Drive, Montauk

 

Application is for a pool and a pergola and to reconfigure the driveway - there is a large scenic easement on the property. Shed will be moved to a conforming location.

 

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

VII.              BOARD DECISIONS:

A.              Joseph & Courtney DeSena

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

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

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

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

              RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to 255-4-20, variances               from 255-4-30 (minimum wetland setbacks) of the Town Code and any other relief

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

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

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

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

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

              ZONING DISTRICT:              B Residence Zone X Flood Zone

              SEQRA CLASS:              Type II

 

 

Decision Rendered

B.              Montauk Properties

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

              DESCRIPTION: To legalize a number of already-built accessory structures and additions, install a               new sanitary system, install new drainage, and modify the lighting and landscaping.

              RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to section 255-4-20 of the               Town Code. A total of twenty-one (21) area variances are requested. Ten (10) variances are               requested from the minimum wetland setbacks of Section 255-4-30 of the Town Code and eleven               (11) variances are requested from the minimum yard setbacks of Section 255-11-10 of the Town               Code, and any other relief as may be necessary.             

              ONING DISTRICT: B Residence Zone X Flood Zone

              SEQRA CLASS: Type II

 

Decision Rendered

 

 

 

 

 

 


C.              Tonina Abplanalp

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

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

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

              SEQRA CLASS: Type II

 

Tabled rendering a Decision

 

VIII.              MINUTES APPROVAL:

A.              July 25th 2017

Member Lys made a motion to approve the Minutes of July 25th 2017. Vice Chair Rogers seconded. All members were in favor.

IX.              RESOLUTIONS

A.              American Legion Post 419

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

 

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

AMERICAN LEGION POST 419

SCTM #300-170-02-01

_____________________________________

HEARING DATE:              June 20, 2017

                                

PRESENT:                            JOHN P. WHELAN, Chair

                                          CATE ROGERS, Vice Chair

                                          DAVID LYS, Member

                                          ROY DALENE, Member

                                          THERESA BERGER, Member

 

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

                                          DENISE SAVARESE, Legislative Secretary

                                          JAMES KOMMER Planner

                                          WILLIAM J. FLEMING, ESQ., Agent for Applicant

                                          TONY GANGA, American Legion Post 419

                                         

                     FINDINGS OF FACT AND DETERMINATION OF THE BOARD

 

The findings of fact and determination made herein are based upon the application, the evidence received at the public hearing before the Board, all documents contained in the Board's files and which were received prior to the close of the hearing, and the inspection and field report made by Member Lys of this Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION:

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

    

2.              RELIEF OR APPROVAL SOUGHT:

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

 

B.              PROPERTY SIZE & LOCATION

 

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

2.              STREET LOCATION: 535 Abraham?s Path

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Amagansett

5.              FILED MAP NAME: N/A

6.              FILED MAP NUMBER: N/A

7.              DATE OF MAP FILING: N/A

8.              BLOCK NUMBER IN FILED MAP:  N/A

9.              LOT NUMBER IN FILED MAP:  N/A

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

 

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: A Residence

2.              ZONING OVERLAY DISTRICT: N/A

 

D.              SEQRA DETERMINATION

 

1.              SEQRA CLASSIFICATION:  Type II

2.              LEAD AGENCY:  N/A

3.              DETERMINATION OF SIGNIFICANCE:  N/A   

4.              DATE OF DETERMINATION:  N/A

 

E.              STANDARDS FOR BOARD REVIEW

 

1.              In order for this Board to grant applicant the requested area variances, applicant must demonstrate that the requirements of Town Law ? 267-b 3 have been met. The Board is to ?take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grant of an area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.?  The Town Law also directs the Board, in granting area variances, to ?grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.?

 

2.              The standards set forth in Town Code ? 255-8-50 (D) paraphrase the requirements language of Town Law ? 267-b 3:

 

a)              the benefit to applicant from grant of the requested variance outweighs any detriment which grant of the variance will cause to the general health, safety, and welfare of the neighborhood or the Town as a whole; and

 

b)              the variance sought is the minimum variance necessary and adequate to alleviate the difficulty causing applicant to request an area variance, while at the same time preserving and protecting the character of the neighborhood and the general health, safety, and welfare of the Town as a whole.

 

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

 

F.              ADDITIONAL FINDINGS AND CONCLUSIONS

 

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

 

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

 

3.              The Board finds that granting the requested variances will not cause an undesirable change to the character of the neighborhood or create a detriment to nearby properties.  The proposed monument, while a notable addition to the area, shouldn?t warrant high intensity use or result in local disturbance. Accessory structures in residential zones typically consist of sheds, garages, swimming pools, and other residential uses. Setbacks as per ?255-11-10 of the East Hampton Town code are in place to protect the character of the neighborhood, but excessive setbacks on a monument meant for the community would be counterintuitive to its purpose.  It must also be noted that no adjacent property owners spoke in opposition to the proposed variance either in writing or at the public hearing for this application.    

 

4.              The Board finds the benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than the requested area variances.  The Board finds a unique circumstance in the nature of the structure.  Steel from the World Trade Center has been used as memorials on public and private property, with over 80 installations on Long Island alone. A monument of this nature commemorates an event of national importance and could serve as a landmark in Amagansett. Displaying the monument in the location proposed is essential to provide proper viewing of the memorial.    

 

5.              The Board finds that although the requested variances may be considered substantial, they are the minimum variances necessary and adequate to alleviate the difficulty causing applicant to request the area variances.  The monument will be in the best location on the subject parcel to allow the community to view the memorial.   

 

6.              The Board finds that granting the requested variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood.  The subject parcel does not contain any sensitive wildlife habitats, unique landforms or bodies of water including wetlands. 

 

7.              The Board finds that the need for the variances is self-created.  The Board finds however, that although the need for the requested variances is self-created, this need, although relevant to the Board?s decision does not preclude the granting of the requested variances.  Town Law ?267-b(3)(b)(5). 

 

G.              DISPOSITION OF APPLICATION

 

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

 

1.              RELIEF OR APPROVAL GRANTED: 

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

       

2.              DESCRIPTION OF WORK APPROVED:

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

 

H.              CONDITIONS OF APPROVAL

 

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

 

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

 

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

 

3.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

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

b.              Applicant shall apply for and obtain a Certificate of Occupancy no later than twelve (12) months from the date of issuance of the building permit.

I.              VALIDITY OF APPROVAL

 

If any condition of this determination is not met, or is not met within the prescribed time period, all approvals, permits, or authorizations granted hereby shall be deemed void and of no effect.

 

ALL CONCUR:

 

                            JOHN P. WHELAN, Chair                                                       

                            CATE ROGERS, Vice-Chair                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            DAVID LYS, Member

                            ROY DALENE, Member

                            THERESA BERGER, Member

 

Dated: August 1, 2017

 

cc:                Building Department

              Planning Department

              William Fleming, Esq.  

B.              15 Wainscott Hollow

Chairman Whelan made a motion to approve the application. Vice Chair Rogers seconded. All members were in favor.

 

ZONING BOARD OF APPEALS

TOWN OF EAST HAMPTON

_____________________________________                                  

In the Matter of the Application

 

            of                                                                                     DETERMINATION

 

15 WAINSCOTT HOLLOW ROAD, LLC

SCTM #300-196-01-8.10

_____________________________________

HEARING DATE:              June 6, 2017

                                

PRESENT:                            JOHN P. WHELAN, Chairman

CATE ROGERS, Vice-Chair

                                          DAVID LYS, Member

                                          ROY DALENE, Member

                                          THERESA BERGER, Member

                                         

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

DENISE A. SAVARESE, Legislative Secretary

TYLER BORSACK, Planner

                                          JEFFREY BRAGMAN, ESQ., Attorney for Neighbors

                                          JONATHAN TARBET, ESQ., Attorney for Applicant

                                          KENNETH GRANT, Applicant

                                         

                     FINDINGS OF FACT AND DETERMINATION OF THE BOARD

 

The findings of fact and determination made herein are based upon the application, the evidence received at the public hearing before the Board, all documents contained in the Board's files and which were received prior to the close of the hearing, and the inspection and field report made by Chairman Whelan of this Board.

 

A.              PROJECT DESCRIPTION

 

1.              PURPOSE OF APPLICATION:

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

 

2.              RELIEF OR APPROVAL SOUGHT:

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

 

B.              PROPERTY SIZE & LOCATION

 

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

2.              STREET LOCATION: 15 Wainscott Hollow Road  

3.              CONTIGUOUS WATER BODIES: N/A

4.              HAMLET OR GEOGRAPHIC AREA: Wainscott

5.              FILED MAP NAME: Wainscott Farm

6.              FILED MAP NUMBER: 8072

7.              DATE OF MAP FILING: March 10, 1986

8.              BLOCK NUMBER IN FILED MAP: N/A

9.              LOT NUMBER IN FILED MAP:  10

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

 

 

C.              ZONING INFORMATION

 

1.              ZONING DISTRICT: A2 Residence

2.              ZONING OVERLAY DISTRICT: Agricultural Overlay District

 

 

D.              SEQRA DETERMINATION

 

1.              SEQRA CLASSIFICATION:  Type II

2.              LEAD AGENCY:  N/A

3.              DETERMINATION OF SIGNIFICANCE:  N/A   

4.              DATE OF DETERMINATION:  N/A

 

E.              STANDARDS FOR BOARD REVIEW

 

1.              In order for this Board to grant applicant the requested area variances, applicant must demonstrate that the requirements of Town Law ? 267-b 3 have been met. The Board is to ?take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grant of an area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.?  The Town Law also directs the Board, in granting area variances, to ?grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.?

 

2.              The standards set forth in Town Code ? 255-8-50 (D) paraphrase the requirements language of Town Law ? 267-b 3:

 

a)              the benefit to applicant from grant of the requested variances outweighs any detriment which grant of the variance will cause to the general health, safety, and welfare of the neighborhood or the Town as a whole; and

 

b)              the variances sought are the minimum variances necessary and adequate to alleviate the difficulty causing applicant to request area variances, while at the same time preserving and protecting the character of the neighborhood and the general health, safety, and welfare of the Town as a whole.

 

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

 

F.              ADDITIONAL FINDINGS AND CONCLUSIONS

 

1.              The property is currently improved with a two story residence with attached garage, decking and swimming pool. The most recent Certificate of Occupancy was issued on September 23, 2016 for a ?Two-story, frame, one family residence having one kitchen only and containing four bedrooms only and; 1,064 sq. ft. interior alteration; 378 sq. ft. first floor addition, 378 sq. ft. second floor addition, and 256 sq. ft. addition; 1,293 sq. ft. wood decking; 480 sq. ft. one story detached garage; 800 sq. ft. gunite swimming pool with proper fencing and dry well; 540 sq. ft. first floor, 530 sq. ft. second floor additions, 552 sq. ft. attached garage, 224 sq. ft. covered porch, 181 sq. ft. covered porch, 181 sq. ft. second floor deck; 22 KW emergency backup electric generator; 1,012 sq. ft. lower level recreation room with proper egress; 216 sq. ft. patio. This property was before the Board in 2016 but the application was withdrawn.  The property is located on the east side of Wainscott Hollow Road, in Wainscott. The applicant is before the Board for approval to construct a new 55? by 105? tennis court within side and rear yard lot line setbacks.

 

2.              This property was before the Zoning Board in 2016 for a similar 60? by 111? tennis court in a similar location in 2016. The applicant at that time was requesting three variances of 10? to construct the tennis court 40? from the northern, eastern, and southern side and rear yard lot lines. Objections were raised to the application from the neighboring property to the north and the application was withdrawn prior to the ZBA making a determination on the application. The new application has reduced the size of the tennis court slightly, from 60?x111? to 55?x105?, and has relocated the court farther south to remove the need for the variance from the northern side yard lot line. This relocation has increased the variance required from the southern side yard lot line by 4?, from a 40? to 36? setback. The variance that is requested to the southern side yard lot line is taken from a 10? wide access strip which adjoins an additional 10? wide access strip that is part of two flag lots to the southeast and which separates the subject parcel from the next full lot to the south which itself is an L-shaped parcel. 

 

3.              Variance applications for tennis courts are not common, since 2012 the Board has had 5 variance requests for tennis courts. The most recent variance request was 68 Prospect Hill LLC (SCTM# 300-013-02-1.14) which at the time of this assessment had not received a determination from the Zoning Board. The previous application for the subject property, as previously mentioned, was withdrawn prior to the Board making an official decision in 2016. Iluminus Property Holdings LLC (SCMT# 300-189-04-10) was approved three lot line setback variances of 7.3?, 2.1?, and 9.3? in October of 2015. Servily/Evereteze (SCTM# 300-155-01-20.2) was granted approval of two variances of 24.7? and 8.7? in 2013. Finally, 225 Old Montauk Highway LLC (SCTM# 300-087-01-17) was granted a single 10? side yard variance from a property in common ownership in 2012.

 

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

 

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

 

6.              The Board finds that although the requested variances may be considered substantial, they are the minimum variances necessary and adequate to alleviate the difficulty causing the applicants to request the area variances.  The tennis court will not have lighting or amplified music.  The subject parcel is relatively large and the tennis court will not be shoehorned on the property but constructed in the best location to minimize any potential noise or visual impact.    

 

7.              The Board finds that granting the requested variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood.  The subject parcel does not contain any sensitive wildlife habitats, unique landforms or bodies of water including wetlands.  The existing scenic easement was designed to protect open space and scenic vistas throughout the agricultural area and will not be effected by the installation of the proposed tennis court.          

 

8.              The Board finds that the need for the variances is self-created.  The Board finds however, that although the need for the requested variances is self-created, this need, although relevant to the Board?s decision does not preclude the granting of the requested variances.  Town Law ?267-b(3)(b)(5). 

 

G.              DISPOSITION OF APPLICATION

 

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

 

1.              RELIEF OR APPROVAL GRANTED: 

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

 

2.              DESCRIPTION OF WORK APPROVED:

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

 

H.              CONDITIONS OF APPROVAL

 

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

 

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

 

2.              APPROVED BUILDING OR CONSTRUCTION PLANS:  N/A

 

3.              ADDITIONAL CONDITIONS AND TIME LIMITATIONS:

a.              No soils shall be removed from the property. 

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

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

d.              The applicant shall prepare and submit a declaration of covenants and restrictions, incorporating the provisions of the paragraphs (b) and (c) above, in standard form acceptable to and approved by Counsel to this Board.  The said declaration shall provide for its modification or termination only upon the approval of the East Hampton Town Zoning Board of Appeals, after a public hearing held on ten (10) days? notice.  Said declaration, after approval by counsel, shall be recorded at the Office of the Suffolk County Clerk.  Copies of the same, with proof of recordation shown thereon, shall be returned to the Town Clerk prior to the issuance of a building permit.

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

f.              Applicant shall apply for and obtain a Certificate of Occupancy no later than twelve (12) months from the date of issuance of the building permit.

 

I.              VALIDITY OF APPROVAL

 

If any condition of this determination is not met, or is not met within the prescribed time period, all approvals, permits, or authorizations granted hereby shall be deemed void and of no effect.

 

ALL CONCUR:

 

                            JOHN P. WHELAN, Chairman

CATE ROGERS, Vice-Chair

                            DAVID LYS, Member

                            ROY DALENE, Member

                            THERESA BERGER, Member

 

 

Dated: August 1, 2017

 

cc:                Building Department

              Planning Department

              Jonathan Tarbet , Esq., Attorney for Applicant