Craig and Joan Inciardi - Town of East Hampton

Town of East Hampton
300 Pantigo Place – Suite 105
East Hampton, New York 11937-2684
Planning Department Telephone (631) 324-2178
Marguerite Wolffsohn Fax (631) 324-1476
Director
Technical Analysis Memo
Lead Agency: (not applicable)
Planner: Tyler Borsack
Date completed: October 26 th , 2011 Site Plan
SEQRA class: Type II Sub Waiver
Physical Location:97 Louse Point Rd. Subdivision
School District: Springs Special Permit
Zoning District: A5 Residence Zone Change
Overlay District: Harbor Protection Overlay District (HPOD) Variance XX
Tax Map Number: 300-083-03-05 Natural Resources
Applicant: Craig and Joan Inciardi Special Permit XX
C/O Land Planning Services Other:
P.O. Box 1313
East Hampton, NY 11937
Telephone: 631-537-8500
FEMA ZONE: AE 8 Flood Zone
Soil Type: Dune land (Du)
Map of Property: N/A
Size of Parcel: 5,442 sq. ft. (total)
Project Description:
To relocated existing 1,119.5 sq. ft. residence and renovate to 1,280 sq. ft. with a new
foundation; remove existing 241.5 sq. ft. deck, shed, and stairs, and build 393.5 sq. ft. of deck,
shed, and stairs with a new gravel driveway within the Towns jurisdiction of tidal wetlands.
Relief Requested:
A Natural Resources Special Permit pursuant to Section 255-4-20 of the East Hampton Town
Code and 6 variances, and any other relief necessary. Two variances of 70.4’ and 78.5’ from
§255-4-30 of the Town Code are required to place the residence and deck 29.6’ and 21.5’,
respectively, from the wetlands where 100’ setbacks are required. A variance of 0.4’ from §255-
11-10 of the Town Code is required to place the residence 6.8’ from the side yard lot line where
7.2’ is required. A variance of 9.4’ from §255-11-10 of the Town Code is required to place the
residence 5.6’ from the rear yard lot line where 15’ is required. Finally, two pyramid variances of
5’8” and 7’4.5” are required from §255-11-72D of the Town Code to locate the residence in its
proposed location.
Property Conditions and History:
The parcel is currently improved with an approximately 1,119.5 sq. ft. 1 story, one family
residence with approximately 241.5 sq. ft. of decking, shed, and staircase. All of the structures
are depicted on the F. Michael Hemmer, LS, P.C. survey dated revised June 22 nd , 2011 and on
the Coburn Architecture, P.C. plans dated received June 22 nd , 2011. The most recent C.O. was
issued in 2011 for a 1000 gallon septic tank with 300 sq. ft. leaching pool. Prior to that there was
a C.O. issued in 1994 for a one story, frame, one-family residence, shed and deck all erected
prior to the adoption of zoning and conversion of garage to living area. There was one ZBA
determination previously in 1977 for the original residence.
Planning Department Analysis and Recommendations for the Boards Consideration:
The parcel is one of the most northerly homes located on the Accabonac Harbor side of Louse
Point. Accabonac Harbor is a New York State Significant Fish and Wildlife habitat; it is part of
Inciardi NRSP and Variance
App. ID #: A1220110040
Page 1 of 3

the Peconic Estuary Critical Environmental Area and is also located within the Accabonac
Harbor subunit of the Accabonac Harbor Scenic Area of Statewide Significance (SASS)
boundary, identified in the Town’s Scenic Resources Protection Plan. The SASS plan is a part of
the Town’s Comprehensive Plan, which documents areas within the Town of East Hampton
having aesthetic values that were identified as significant by East Hampton Town residents. The
harbor is a productive area for marine finfish and shellfish and also contributes to the biological
productivity of Gardiner’s Bay, as it serves as a nursery for estuarine fish species. This parcel is
also within the East Hampton Critical Environmental Area for Accabonac Harbor. The wetland
can be expected to provide the benefits typically associated with high quality wetlands such as
retention of flood waters and wildlife habitat. Its shoreline and surface waters provide all of the
benefits typically associated with high quality wetlands.
The applicant is currently before the board for approval to move the existing residence to a more
centered location on the property and renovate the building as well as add a deck and shed. The
residence is increasing in size by approximately 160 sq. ft. from 1,119.5 sq. ft. to 1,280 sq. ft.;
the decking, shed, and stairs are increasing by 152 sq. ft. The proposed project will be slightly
more conforming to wetland setbacks than what currently exists. The distance to the wetland is
being increased slightly from the house, 1.5’ further, and deck, 0.4’ further from the wetlands.
Also becoming more conforming is the distance of the residence to the northern side yard lot
line, the distance to the lot line is increasing from 6.5” to 7.2’. Also becoming more conforming
is the north side pyramid which is decreasing by approximately 1.46’. The southern pyramid
nonconformity is proposed to be removed all together. However, there is a proposed increase in
the pyramid nonconformity on the rear, western, lot line by 6”. Also, although not requiring
variances, the residence and the decking are moving further from the southern lot line by
approximately 5’ and 8’ respectively.
The lot is severely nonconforming in regards to lot size, the area is zoned A5 residential with a
lot size of 5,442 sq. ft. As an undersized lot and one that is nonconforming to lot width it is given
relief under the 4/10s rule, §255-1-43D of the Town Code. Taking into consideration the 4/10ths
rule, the house has a required setback of 7.2’; the deck has the same 7.2’ setback requirement.
With the deck having a proposed setback of 7.8’, no side yard lot line variance is required for it.
Also, because the lot is so small, the lot coverage is over the allowable by 271 sq. ft.; however,
according to conversations with the Senior Building Inspector, the coverage is allowed because
no change is proposed in coverage and is “grandfathered” from the existing residence. It is also
worth noting that the proposed total lot coverage is increasing from 1,605 sq. ft. to 2,079 sq. ft,
with allowed total lot coverage of 2,173 sq. ft.
The application makes reference to moving the existing residence and making renovations to it,
but the applicant should make clear at the public hearing that the existing residence is being used
and the project will not be a complete demolition and a rebuild. An assessment of the structural
integrity of the residence by a licensed contractor or architect to ensure that a demolition and
rebuild will not be necessary may be appropriate, if that is the case.
There was an upgrade to the sanitary system in 2003 that included a 1,000 gallon septic tank with
a 300 sq. ft. leaching pool according to the Building Permit. However, the survey appears to
show a septic tank with three leaching pools. The Board may wish the applicant to provide more
information regarding the sanitary system and what components exist, and may also want an
upgrade to the sanitary system; if it does not meet Harbor Protection Overlay District and
Suffolk County Department of Health Services standards for 1 to 4 bedroom residences. The
applicants may want to depict a proposed upgraded sanitary system on the survey prior to the
public hearing if the current system does not meet HPOD or SCDH standards. Up to date
sanitary systems are important to maintaining high water quality, especially when located this
close to the water and in an area of Accabonac Harbor which is subject to shellfish closures.
While the residence is only slightly increasing in size, the Board should examine the necessity of
the increase in size and intensity of use on the property. The Board should also consider a no
mow zone seaward of the wetland line, which the clearing currently extends beyond, as part of
the mitigation. A no mow zone would allow the regrowth of wetland and wetland buffer
vegetation which was previously removed. Just as the development of residential parcels
surrounding the harbor has incrementally contributed to deterioration in water quality and habitat
incremental restoration of this vegetation will help toward improving the harbor to its previous
healthy condition. The Board needs to determine if the increase in size is offset by the more
Inciardi NRSP and Variance
App. ID #: A1220110040
Page 2 of 3

conforming location and the recommended mitigation. The applicants need to show that the
project meets the variance standards in §255-8-50 of the Town Code.
Recommended Project Conditions:
1. Project limiting fencing with staked straw bales should be erected to limit land disturbance
and prevent sedimentation of the wetlands in the location depicted on the F. Michael
Hemmer, LS, P.C. survey dated revived June 22 nd , 2011 prior to the commencement and for
the duration of construction activities.
2. The Board, or their delegate, prior to the issuance of a building permit, should inspect the
project limiting fencing and straw bales for adequacy.
3. All roof runoff should be directed by leaders and gutters into subsurface drywells to insure
the return of clean water to the ground.
4. The driveway composition and any drainage structures should be reviewed and approved by
the Town Engineer prior to the issuance of a building permit. The completed driveway and
drainage structures should be inspected by the Town Engineer prior to the issuance of a
Certificate of Occupancy.
5. A “no mow” zone should be established seaward of the wetland line shown on the F. Michael
Hemmer survey dated revised June 22 nd , 2011.
6. All structures should be situated at least 2’ above the seasonal high groundwater table.
7. A copy of the Natural Resources Special Permit and the approved survey and building plans
shall be available on the parcel at all times.
Inciardi NRSP and Variance
App. ID #: A1220110040
Page 3 of 3