JANUARY, 2012 Virginia Beach, VA

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1 JANUARY, 2012 Virginia Beach, VA

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3 CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING January 23, 2012 The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on Monday, January 23, 2012 at 10:00 a.m. in the City Council Chambers, Virginia Beach Municipal Center, Virginia Beach, Virginia. An informal session is held at 9:00 a.m. in the City Council Chambers at which time staff briefs the Board on agenda items. All interested persons are invited to attend. There is no opportunity for citizenry to speak at the briefing session, however, the public is invited to speak at the formal Public Hearing held at 10:00 a.m. in the City Council Chambers. Those members of the public interested in attending the public hearing should be advised that, for reasons the board deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed below will be exactly followed during the public hearing. Those members of the public interested in speaking in support or in opposition to an agenda item shall be limited to 3 minutes in which to address the board. At the discretion of the CBPA Board Chairman, this time may be increased to 5 minutes. Speakers will be electronically timed. The staff reviews of some or all of the items on this agenda and offer certain conditions for consideration by the Chesapeake Bay Preservation Area Board, in the event they should approve the application. However, it should not be assumed that those conditions constitute all the conditions that will ultimately be attached to the project. Staff agencies may impose further conditions and requirements during administration of applicable city ordinances. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Planning Department at Richard Scarper Planning Department

4 APPLICATIONS FOR JANUARY, 2012 NEW BUSINESS 1. DANIEL & AMY MILLER 1205 Kittiwake Ct. GPIN LYNNHAVEN DISTRICT 2. NICK NESTER 1329 w. Little Neck Rd. GPIN LYNNHAVEN DISTRICT

5 3. EMMY LOU SPRY 1608 Ferebee Dr. GPIN LYNNHAVEN DISTRICT 4. GARY & SHIELA MCKINNEY 732 Oriole Dr. GPIN LYNNHAVEN DISTRICT 5. MARK & KERI WHITFIELD 4404 Sheffield Dr. GPIN BAYSIDE DISTRICT

6 6. OTTO AMICI, LLC 2105 W. Great Neck Rd. GPIN LYNNHAVEN DISTRICT 7. BIJAN SHEKARRIZ 2916 Estates Dr. GPIN LYNNHAVEN DISTRICT SHOW CAUSE 8. GERALD HANKIN 412 Goodspeed Rd. GPIN LYNNHAVEN DISTRICT

7 Revised Plans and any correspondence to be distributed to Board members for items to be heard at the Monday, February 27, 2012 Public Hearing are due in the Planning Department, Room 115 by 5:00 p.m. Friday, January 27, copies of plans, 5 copies of the applications, 5 copies of the WQIA s and / or other correspondence for distribution to Board members must be provided. Revised Plans and any correspondence to be distributed to Board members for items to be heard at the Monday, March 26, 2012 Public Hearing are due in the Planning Department, Room 115 by 5:00 p.m. Friday, March 2, copies of plans, 5 copies of the applications, 5 copies of the WQIA s and / or other correspondence for distribution to Board members must be provided.

8 Daniel & Amy Miller 1. DANIEL & AMY MILLER 1205 Kittiwake Court AGENT: Daniel & Amy Miller Description: Daniel & Amy Miller 1205 Kittiwake Ct. GPIN Lynnhaven Proposed Development: Demolition of: Shed and concrete pad Wood deck Stoop and walkway on western side of residence Stairs and brick walkway on northern side of residence Concrete driveway Construction of: Wood deck with under deck treatment 1 st floor building addition over existing wood deck 1 st floor addition along the eastern side of residence 1 st floor addition along the western side of residence Relocation of HVAC units and generator Front porch Shell / gravel walkway along western side of building Garage addition Replacement and modification of steps and retaining wall along western side of residence Stamped concrete driveway Existing impervious cover of site 5,730 sq. ft. or 17.7% Post construction impervious cover of site 5,630 sq. ft. or 17.4% New impervious cover within the RPA 646 sq. ft. Redeveloped impervious cover within the RPA 2,440 sq. ft. History: Lot recorded 9/23/26 M.B. 7, pg. 193 Page 1 #1. Daniel & Amy Miller

9 Daniel & Amy Miller Previous Board / Administrative Variances - CBPA Board granted a variance September 27, 2010 for a driveway replacement, replacement and modification of steps and retaining wall, garage addition, front porch, addition along west side of residence, basement entry relocation, concrete walkways, wood deck, rear porch, 1 st and 2 nd story addition over existing wood deck, 2 nd story addition over existing residence and relocation of HVAC units. The following conditions were approved with this variance. Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Wire re-enforced 36 erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 3. Prior to the issuance of any certificate of occupancy, or the final release of any permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances beyond the control of the permit holder. 4. Construction limits shall lie a maximum of 10' outboard of improvements. 5. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 6. If and when the shoreline is hardened / rehardened, a rip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. 7. Under deck treatment of sand and gravel shall be installed. 8. Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. Page 2 #1. Daniel & Amy Miller

10 Daniel & Amy Miller 9. Where mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 10. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 11. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 12. The conditions and approval associated with this variance are based on the site plan sealed September 3, 2020 by William R. Pritchard, prepared by WPL. 13. Stormwater runoff from proposed new impervious cover shall be conveyed to stormwater management facilities. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 14. All improvements shall be built into the slope with no perimeter fill authorized. 15. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 204 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 16. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (1,632 sq. ft.) and shall install the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. Page 3 #1. Daniel & Amy Miller

11 Daniel & Amy Miller 17. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA ( 3,663 sq. ft.) and shall install the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located within the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP. 18. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. Site Characteristics: Watershed Lynnhaven Single family residence with detached garage Stabilized with turf and other plantings Sparsely wooded Shoreline hardened with bulkhead / rip rap revetment Land Disturbance: E & S controls shown Disturbance within seaward, landward, variable width portion of buffer Trees: Trees removed 2 Trees / Restoration compensation- 3,692 sq. ft. of buffer restoration is proposed. There is a discrepancy on the submitted Improvements Plan, planting requirements calculation. The redevelopment amount should be 2,440 sq. ft. Buffer restoration accounts for both redeveloped and new developed areas. A note has been add to the plan stating that the Owner may elect to substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Page 4 #1. Daniel & Amy Miller

12 Daniel & Amy Miller Stormwater Management: Bioretention planting bed Under deck treatment Staff Comments: Potions of the proposed project are high risk, specifically, the garage addition and improvements adjacent to the top-of-bank associated with the 1 st floor addition and HVAC / generator pads. Construction limits and maintenance of the erosion and sedimentation control devices will be vital in these areas. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. Wire re-enforced 36 erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 4. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 5. Prior to the issuance of any certificate of occupancy, or the final release of any permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances Page 5 #1. Daniel & Amy Miller

13 Daniel & Amy Miller beyond the control of the permit holder. 6. Construction limits shall lie a maximum of 10' outboard of improvements. 7. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 8. If and when the shoreline is rehardened, a rip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. 9. Under deck treatment of sand and gravel shall be installed. 10. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 11. Where mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 12. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 13. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 14. The conditions and approval associated with this variance are based on the site plan dated September 11, 2010 prepared by WP Large sealed December 3, 2011 by William R. Pritchard. 15. Stormwater runoff from existing and proposed impervious cover (inclusive of stamped concrete driveway) shall be conveyed to stormwater management facilities. Low maintenance best management practices shall be employed to the maximum extent practicable. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 16. All improvements shall be built into the slope with no perimeter fill authorized. Page 6 #1. Daniel & Amy Miller

14 Daniel & Amy Miller 17. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (646 sq. ft. x 200% = 1,292sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 18. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (2,440 sq. ft. x 100% = 2,440 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located within the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be Page 7 #1. Daniel & Amy Miller

15 Daniel & Amy Miller removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Page 8 #1. Daniel & Amy Miller

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19 Daniel & Amy Miller Photos from September 2010 Page 12 #1. Daniel & Amy Miller

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25 Daniel & Amy Miller PHOTOS TAKEN JANUARY, 2012 Page 18 #1. Daniel & Amy Miller

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31 Nick Nester 2. NICK NESTER 1329 W. Little Neck Rd. AGENT: Billy Garrington Description: Nick Nester 1329 W. Little Neck Rd. - GPIN Lynnhaven Proposed Development: Construction of: Concrete driveway and walkway 2 story dwelling with attached garage Wood deck In-ground swimming pool with concrete patio Pool house with pool equipment storage room Trash can corral with fence and gate HVAC and generator pad 4 wide mulch path with stepping stones not to exceed 50% of path area from driveway to pool area 4 wide mulch path with stepping stones not to exceed 50% of path area from wood deck to water s edge for access Existing impervious cover of site 0 sq. ft. or 0 % (Vacant lot) Post construction impervious cover of site 8,202 sq. ft. or 19.1% New impervious cover within the RPA 4,852 sq. ft. Redevelopment impervious cover within the RPA 0 sq. ft. Development within the RMA 3,350 sq. ft. History: Lot recorded 6/20/57 M.B. 43, pg. 43 Previous Board / Administrative Variances CBPA Board granted a variance August 26, 1996 for the subdivision of Parcel B, 1333 W. Little Neck Road. The following conditions were approved with this variance. 1. A metes and bounds description of the building envelopes shall be shown and shall be recorded with the final subdivision plat for the property. The metes and bounds shall describe the Page 1 #2. Nick Nester

32 Nick Nester Site Characteristics: construction limits for each lot, as opposed to describing the building footprint. 2. The remainder of each lot, not identified as the construction limits within the metes and bounds description shall remain in a natural state. A note to this effect shall be added in BOLD to the site plan. 3. Erosion and sedimentation control measures as well as landscaping plans identifying the types and number of trees to be removed must be provided during the site plan review for each individual lot. Tree compensation shall be at a 3:1 ratio. Stormwater management details must also be provided at site plan review. 4. Each individual lot with development within the Resource Protection Area shall submit a final site plan to the Planning Department Development Services Center for a full plan of development review prior to the issuance of a building permit. Watershed Lynnhaven Undeveloped Heavily wooded Shoreline has not been hardened Land Disturbance: E & S controls shown It appears that structural improvement will be limited to the variable width and construction limits will be located within the variable width and 50 landward portion of the 100 buffer. Trees: Trees removed 20 Trees / Restoration compensation- none shown Stormwater Management: Infiltration planting bed noted on WQIA Under deck treatment noted on WQIA Staff Comments: It appears that the RPA features have not been accurately identified on the subject site plan. Specifically the first 100 buffer appears to lie substantially landward of Page 2 #2. Nick Nester

33 Nick Nester that depicted on the site plan. In 1996 the Board approved the request to establish 4 lots some of which proposed development within the RPA. The Board limited encroachments within the RPA by the recordation of building envelops. Said envelopes are described by metes and bounds and limits of construction for any development activity was to also lie within said envelop. The subject request proposes development activity substantially outboard of the previous Board approval thereby displacing additional mature riparian buffer. Accordingly the Planning Department recommends the project be denied and development be limited to the terms and conditions associated with the variance dated August 26, Page 3 #2. Nick Nester

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45 Emmy Lou Spry 3. EMMY LOU SPRY 1608 Ferebee Dr. AGENT: Billy Garrington Description: Emmy Lou Spry 1608 Ferebee Dr. - GPIN Lynnhaven Proposed Development: Demolition of: 1 ½ story brick and frame residence Driveway Construction of: 8 of fill to rear yard (maximum) purpose unknown Mulch path with stepping stones from residence to dock Retaining wall at swimming pool Swimming pool Garden shed with pool equipment room Stone / masonry patio adjacent to pool Stone / masonry patio with planters adjacent to residence 2 story brick and frame residence with attached garage Concrete HVAC pad Generator pad Dual entrance concrete driveway with entry court Entrance columns at driveway access Existing impervious cover of site 5,739 sq. ft. or 17.2% Post construction impervious cover of site 12,614 sq. ft. or 37.9% New impervious cover within the RPA 2,934.7 sq. ft. Redeveloped impervious cover within the RPA sq. ft. Development within the RMA 9,398.5 sq. ft. History: Lot recorded 5/10/54 M.B. 36, pg. 59 Page 1 #3. Emmy Lou Spry

46 Emmy Lou Spry Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline hardened with rip rap revetment Land Disturbance: E & S controls shown Disturbance within seaward, landward portion of buffer Trees: Trees removed 10 (approximately 8,000 sq. ft. of tree canopy removed) Trees / Restoration compensation- none provided Stormwater Management: Bioretention planting bed Staff Comments: Both the front and rear portions of this property are occupied by Resource Protection Areas. The proposed pool, garden shed and masonry / stone patio located at the rear of the property are accessory structures and are located within the 50 landward portion of the buffer. In addition, the entire rear yard is proposed to be filled with 8 of topsoil. The purpose for said fill is unknown and the impacts to existing naturalized areas are unknown. A circular drive is proposed with one driveway located within the 50 landward portion of the buffer. The subject subdivision predated any stormwater ordinance and as such stormwater runoff sheet flows to receiving waters via direct discharge. Staff is of the opinion that this project falls within the realm of high risk and does not minimize encroachment within the RPA. Adequate area exists to accommodate both principle and accessory structures within the RMA. Accordingly the Planning Department recommends the project be denied. However if the Board desires to approve this project, the following conditions are offered for Board consideration: Page 2 #3. Emmy Lou Spry

47 Emmy Lou Spry Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. Wire re-enforced 36 erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 4. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (if possible) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 5. Prior to the issuance of any certificate of occupancy, or the final release of any permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances beyond the control of the permit holder. 6. Construction limits shall lie a maximum of 15' outboard of improvements. 7. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 8. Within the RPA and RMA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas may not be removed. 9. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. Page 3 #3. Emmy Lou Spry

48 Emmy Lou Spry 10. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 11. The conditions and approval associated with this variance are based on the site plan prepared by Gallup Surveyors and Engineers dated August 10, 2011 sealed December 1, 2011 by Bruce W. Gallup. 12. Stormwater runoff from proposed impervious cover shall be conveyed to stormwater management facilities. Low maintenance best management practices shall be employed to the maximum extent practicable. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 13. The proposed walkway to pier shall be constructed of organic material (mulch), a maximum of 4 feet in width, with stepping stones not to exceed 50% of the path area. 14. There shall be no perimeter fill outboard of the improvements / elimination of 8 of fill within rear yard. 15. Retaining walls supporting 2 or greater of unbalanced fill will require a building permit. 16. Retaining walls 3 high or higher, the detail must be certified by a Professional Engineer or Architect licensed in Virginia. 17. All development activity, exclusive of limit of construction, shall be limited to the RMA. 18. The proposed eastern driveway shall be redesigned to avoid mature trees and naturalized area. Provide a certified arborist report for the protection of trees adjacent to driveway. 19. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted Page 4 #3. Emmy Lou Spry

49 Emmy Lou Spry site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Page 5 #3. Emmy Lou Spry

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61 Gary & Shiela McKinney 4. GARY & SHIELA MCKINNEY 732 Oriole Dr. AGENT: Billy Garrington Description: Gary & Shiela McKinney 732 Oriole Dr. - GPIN Lynnhaven Proposed Development: Demolition of: 1 story stucco residence Asphalt driveway Frame shed Construction of: 2 story brick residence with attached garage BZA variance required Dual entrance concrete driveway Concrete walk Retaining wall continuous around rear yard amenities Raised concrete upper patio Covered concrete patio Raised concrete lower concrete patio Swimming pool Outdoor garden area Soaker tub Outdoor shower with concrete pad Concrete HVAC pad Concrete pad with screen wall for pool equipment, generator and trash can storage Existing impervious cover of site 7,149 sq. ft. or 25.7% Post construction impervious cover of site 8,745 sq. ft. or 31.4% New impervious cover within the RPA 2,697 sq. ft. Redeveloped impervious cover within the RPA 5,494.2 sq. ft. Development within the RMA sq. ft. #4. Gary & Shiela McKinney Page 1

62 Gary & Shiela McKinney History: Lot recorded 1/8/72 M.B. 90, pg. 6 Previous Board / Administrative Variances Administrative variance granted June 10, 2011 for the removal of six (6) trees within the Resource Protection Area (RPA). Conditions of Administrative Variance: 1. No additional trees shall be removed beyond the six (6) subject trees. When removing tree branches and tree trunks use care as to not harm existing ground cover and surrounding vegetation. 2. Trees #1 and #6 may be removed with no compensation. 3. Trees #2 5, tree compensation shall be at a minimum 5:1 ratio. 4. No soils are to be added, removed, or disturbed. 5. If tree stumps are to remain, cut stumps as low as possible to ground level. 6. If removing and grinding tree stumps is required, the wood chips are to be spread and leveled evenly on the ground of the forest floor or mulched areas. 7. No grass seed or turf is to be placed on the forest floor. 8. Bring a copy of this letter with you to the Permits and Inspections Office to obtain a building/civil permit for landscaping. Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline hardened with bulkhead revetment / shoreline exhibits erosion along the southwestern portion of the site where no shoreline structure is present. Land Disturbance: E & S controls shown Disturbance within seaward, landward, variable width portion of buffer Trees: Trees removed 29 Trees / Restoration compensation- none shown #4. Gary & Shiela McKinney Page 2

63 Gary & Shiela McKinney Stormwater Management: Bioretention planting bed Staff Comments: Staff met in July with the Owner and Contractor to discuss development options for the site. At that time the Owner discussed rotating the existing house, adding a pool, terrace, and 3 rd bay to garage. Demolition of the existing structure was also discussed. Staff suggests at the July meeting that development activity reflect a retreat from the seaward 50 portion of the buffer, minimize development footprint, and attempt to achieve a maximum 25% impervious cover. As proposed the subject request increases impervious cover to 31.4 % from 25.7%, expands the driveway, and proposes substantial filling and regarding of the front yard thereby displacing the riparian buffer and associated forest floor. Staff is of the opinion that the project as proposed falls within the realm of high risk. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. Wire re-enforced 36 erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 4. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (if possible) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 5. Prior to the issuance of any certificate of occupancy, or the final release of any #4. Gary & Shiela McKinney Page 3

64 Gary & Shiela McKinney permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances beyond the control of the permit holder. 6. Construction limits shall lie a maximum of 10' outboard of improvements. 7. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 8. If and when the shoreline is rehardened, a rip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. 9. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 10. Where mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 11. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 12. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 13. The conditions and approval associated with this variance are based on the site plan prepared by Gallup Surveyors and Engineers dated August 30, 2011 sealed November 29, 2011 by Bruce W. Gallup. 14. Stormwater runoff from proposed impervious cover shall be conveyed to stormwater management facilities. Low maintenance best management practices #4. Gary & Shiela McKinney Page 4

65 Gary & Shiela McKinney shall be employed to the maximum extent practicable. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 15. The pool shall be constructed prior to or concurrent with the residence. 16. The proposed pool, pool decking, and patios along the rear and side portions of the principle structure shall be reduced by no less than 25%. 17. All development activity inclusive of pool, pool decking and retaining walls shall lie a minimum of 5 landward of the top of bank. 18. All improvements shall be built into the slope with no perimeter fill authorized. 19. For retaining walls supporting 2 or greater of unbalanced fill will require a building permit. 20. For retaining walls 3 high or higher, the detail must be certified by a Professional Engineer or Architect licensed in Virginia. 21. Any excavated material from construction shall be disposed of in a lawful manner. 22. The proposed western portion of circular driveway and associated grade cut/fill activity shall be eliminated. 23. Remove existing shed from the western portion of the project. 24. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 674 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 25. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (2,697 sq. ft. x 200% = 5,394 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The majority of restoration shall be installed below the top of bank in areas currently devoted to turf. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% #4. Gary & Shiela McKinney Page 5

66 Gary & Shiela McKinney evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 26. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (5,494 sq. ft. x 100% = 5,494 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located within the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP. 27. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. ***NOTE: For any person to cause, procure or direct the cutting, trim, damaging, defacing or removal of any such tree, shrub or other vegetation upon city property without the written authorization of Landscape Management or the City Arborist is prohibited as per Chapter 23, Section Prior to the removal of the trees within the right-of-way please contact the City Arborist at (757) for approval and potential mitigation. #4. Gary & Shiela McKinney Page 6

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78 Mark & Keri Whitfield 5. Mark & Keri Whitfield 4404 Sheffield Dr. AGENT: Rick Bartlett Description: Mark & Keri Whitfield 4404 Sheffield Dr. GPIN Bayside Proposed Development: Construction of: Driveway expansion Wood deck with steps On-grade patio stones Swimming pool - BZA variance required, 5 setback 4 wide concrete pool deck surround Existing impervious cover of site 5,351 sq. ft. or 23.1% Post construction impervious cover of site 6,991 sq. ft. or 30.1% New impervious cover within the RPA 1,600 sq. ft. Redeveloped impervious cover within the RPA 40 sq. ft. Development within the RMA 65 sq. ft. History: Lot recorded 6/25/99 M.B. 278, pg. 7 Previous Board / Administrative Variances Administrative variance granted October 9, 2008 to construct a 37.9 x 10 sunroom addition, and 23.6 x 10 master bedroom / bathroom addition. Conditions of Administrative Variance: 1. A Partial Site Plan Submittal Package. The instructions for the Site Plan can be found in the Guide to the Single Family Site Development Process for Sites Located in the Chesapeake Bay Resource Protection Area (RPA) and online at Page 1 #5. Mark & Keri Whitfield

79 Mark & Keri Whitfield 2. In addition to the site plan requirements for this site, the following Conditions for Variance Approval must be shown on the site plan: a. Construction limits shall be delineated on the site plan, and shall lie within 10 feet of the proposed improvements and construction access path. b. Show all existing trees within 15 feet of the proposed construction and construction access path, along with tree protection, or note that there is none. c. All stormwater from the proposed impervious cover shall be conveyed to nonstructural stormwater management facilities or bioretention planting bed BMP. d. All areas outside limits of construction shall be left in a naturalized state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. e. Buffer restoration which is equal to 300% of the proposed impervious cover within the RPA, inclusive of the variable width buffer, and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. f. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. g. It was determined that there has been unauthorized fill deposited along/adjacent to the bulkhead thereby displacing jurisdictional non-vegetated tidal wetlands. This activity is being considered as a component of the subject request. The denuded backfilled portion at the bulkhead must be stabilized immediately with salt tolerant vegetative cover. A 36 silt fence must be installed properly adjacent to the bulkhead capboard within three (3) days of receipt of this letter. This silt fence must also be maintained until vegetative cover is established. h. The restoration landscaping must be installed within the first 100 buffer and above the 5 contour line. i. Any future filling of the lot must be reviewed by City staff prior to beginning the work. Page 2 #5. Mark & Keri Whitfield

80 Mark & Keri Whitfield A PPR was submitted June 5, 2009 to construct a 37.9 x 10 sunroom addition, 23.6 x 10 master bedroom / bathroom addition, and an 8 x 46 deck addition. The deck improvement fell within the 50 seaward portion of the buffer requiring that a variance to the CBPAO be granted by the CBPA Board. A PPR was submitted July 17, 2009 to construct a 37.9 x 10 sunroom addition, 23.6 x 10 master bedroom / bathroom addition, and ELIMINATE the 8 x 46 deck addition. An administrative variance was granted on October 9, 2008 and is still valid for these improvements. A PPR was submitted August 4 th, 2009 to construct a 37.9 x 10 sunroom addition, 23.6 x 10 master bedroom / bathroom addition. PPR was submitted in consideration to implement the Planning Departments new landscaping requirements (5/1/09) for building construction within the CBPA. Staff determined that the conditions of the October 2008 still apply. If homeowner wishes to appeal this decision, they may apply to the Chesapeake Bay Board. Administrative variance granted September 9, 2009 to construct a 37.9 x 10 sunroom addition, and 23.6 x 10 master bedroom / bathroom addition. An administrative variance was granted on October 9, 2008 and is still valid for these improvements. Conditions of Administrative Variance: 1. A Partial Site Plan Submittal Package. The instructions for the Site Plan can be found in the Guide to the Single Family Site Development Process for Sites Located in the Chesapeake Bay Resource Protection Area (RPA) and online at: 2. In addition to the site plan requirements for this site, the following Conditions for Variance Approval must be shown on the site plan: a. Construction limits shall be delineated on the site plan, and shall lie within 10 feet of the proposed improvements and construction access path. b. Show all existing trees within 15 feet of the proposed construction and construction access path, along with tree protection, or note that there is none. c. All stormwater from the proposed impervious cover shall be conveyed to nonstructural stormwater management facilities or bioretention planting bed BMP. d. All areas outside limits of construction shall be left in a naturalized state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. Page 3 #5. Mark & Keri Whitfield

81 Mark & Keri Whitfield e. Buffer restoration which is equal to 200% of the proposed impervious cover within the RPA, inclusive of the variable width buffer, and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. f. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. A PPR was submitted December 22, 2009 to add 2 exterior entrance steps to the proposed sunroom addition and master bedroom addition. The steps were not shown on the initial submittal of the PPR and Partial Site Plan. The exterior steps were administratively approved with the following conditions 1. Steps cannot exceed 4 width; otherwise the steps must be recessed. 2. Please resubmit the plan. Administrative variance granted July 15, 2010 to add a twelve (12) foot wide driveway to the existing single car driveway. Conditions of Administrative Variance: 1. Buffer restoration of 900 sf must be installed beginning in the RPA buffer portion and in areas currently devoted to turf, or at the direction of the Civil Inspector. This restoration shall achieve the full complement of vegetation consisting of large trees, understory trees, shrubs and groundcovers. The required restoration shall have a mulch layer of organic material 4 6 in depth. The restoration shall be installed prior to the issuance of the certificate of occupancy or final building inspection. The restoration shall adhere to the Riparian Buffers Guidance Manual, Appendix D, Restoration/Establishment Table A (attached). 2. All stormwater from the proposed new impervious cover in the RPA shall be conveyed to nonstructural stormwater management facilities or bioretention planting bed BMP. A detail is attached. 3. After completion of the work, the BMP or the buffer restoration in its entirety must remain, be maintained in perpetuity, and not allowed to revert to turf. Page 4 #5. Mark & Keri Whitfield

82 Mark & Keri Whitfield Site Characteristics: 4. The owner s original signature is required at the bottom of this approval letter acknowledging and agreeing to all conditions. This letter must be signed before the applicant may pick up the approved plan. Watershed Lynnhaven Single family residence Stabilized with turf and other plantings Sparsely wooded Shoreline hardened with bulkhead revetment Land Disturbance: E & S controls shown - none shown Disturbance within seaward, landward, variable width portion of buffer Trees: Trees removed 0 Trees / Restoration compensation none shown Stormwater Management: None shown Staff Comments: Portions of the subject request lie seaward of those improvements associated with the administrative variance (master bedroom and enclosed sunroom). Upon construction of the aforementioned improvements/variance, a concrete patio and step platform was displaced within the footprint of the master bedroom and sunroom variance. As such, it appears the proposed deck and on-grade patio variance request is based upon conditions that have been created by the applicant (Sec. 110 (H) (2) of the CBPA Ordinance). Should the variance be approved, the following conditions are offered for Board consideration: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the Page 5 #5. Mark & Keri Whitfield

83 Mark & Keri Whitfield proposed use or development. 3. Wire re-enforced 36 erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 4. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (if possible) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 5. Prior to the issuance of any certificate of occupancy, or the final release of any permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances beyond the control of the permit holder. 6. Construction limits shall lie a maximum of 10' outboard of improvements. 7. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 8. If and when the shoreline is rehardened, a rip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. 9. The pool shape, size, and location shall be as shown on the submitted plan. 10. The pool shall be constructed prior to or concurrent with the improvements. 11. Under deck treatment of sand and gravel shall be installed. 12. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized Page 6 #5. Mark & Keri Whitfield

84 Mark & Keri Whitfield areas, such as shoreline vegetation, may not be removed. 13. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 14. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 15. The conditions and approval associated with this variance are based on the site plan prepared by Professional Construction Consultants dated December 5, 2011 sealed December 5, 2011 by Richard T. Bartlett. 16. Stormwater runoff from existing and proposed impervious cover shall be conveyed to stormwater management facilities. Low maintenance best management practices shall be employed to the maximum extent practicable. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 17. No portion of the proposed deck or on-grade patio shall lie below the top of bank or within the 50 seaward portion of the buffer. 18. Is approved, the pool and associated decking will displace portions of required/installed buffer restoration associated with the Administrative Variance granted September 9, 2009 and approved site plan dated February 8, Said restoration shall be reinstalled elsewhere on site and shall be in addition to the required restoration associated with the subject variance request. Amend the site plan accordingly. 19. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 400 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 20. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (1,600 sq. ft. x 200% = 3,200 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Page 7 #5. Mark & Keri Whitfield

85 Mark & Keri Whitfield Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 21. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (40 sq. ft. x 100% = 40 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located within the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP. 22. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Page 8 #5. Mark & Keri Whitfield

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95 Otto Amice, LLC 6. OTTO AMICI, LLC 2105 W. Great Neck Rd. AGENT: None listed Description: Otto Amici, LLC 2105 W. Great Neck Rd. GPIN Lynnhaven Proposed Development: Construction of: Wood deck for outdoor dining Stoop and restaurant entrance Existing impervious cover of site 126,923 sq. ft. or 96% Post construction impervious cover of site 127,407 sq. ft. or 96% New impervious cover within the RPA 484 sq. ft. Redeveloped impervious cover within the RPA 0 sq. ft. History: Lot recorded 7/25/52 M.B. 32, pg. 28 Previous Board / Administrative Variances - CBPA Board granted a variance March 23, The following conditions were approved with this variance. 1. Compliance with site plan sheets 1 through 4 for the site plan dated February 3, 1998 as well as the submitted Water Quality Impact Assessment dated January Site Characteristics: Watershed Lynnhaven Restaurant with amenities Sparse vegetation Shoreline hardened with bulkhead Page 1 #6. Otto Amice, LLC

96 Otto Amice, LLC Land Disturbance: E & S controls shown none shown Disturbance within landward portion of buffer Trees: Trees removed 0 Trees / Restoration compensation- none shown Stormwater Management: None shown Staff Comments: A recent Staff visit to the site suggests that some of the required buffer restoration associated with the initial variance and site plan approval is in decline or no longer exists. Furthermore, the subject variance request, if approved, will displace existing vegetative portions of the buffer. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. Prior to the issuance of any certificate of occupancy, or the final release of any permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances beyond the control of the permit holder. 4. Construction limits shall lie a maximum of 10' outboard of improvements. 5. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 6. Under deck treatment of sand and gravel shall be installed. Page 2 #6. Otto Amice, LLC

97 Otto Amice, LLC 7. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 8. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 9. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 10. The conditions and approval associated with this variance are based on the site plan prepared by WP Large dated October sealed December 5, 2011 by William R. Pritchard. 11. Stormwater runoff from proposed impervious cover shall be conveyed to stormwater management facilities. If existing BMP s are to be utilized, the Engineer of record must supply supporting documentation that they continue to function as designed. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 12. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 121 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 13. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (484sq. ft. x 200% = 968 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located in the Resource Protection Area, in areas not currently devoted to structural improvements. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species Page 3 #6. Otto Amice, LLC

98 Otto Amice, LLC and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 14. If approved the submitted site plan shall provide inventory of all existing vegetation and verify that all past buffer restoration requirements associated with the March 23, 1998 variance have been retained and are in good health functioning as intended. If the associated restoration is absent from the site or is in decline replacement of said vegetation shall be consistent with that which is documented of the approved site plan, sheets 1 through 4 dated February 3, It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Page 4 #6. Otto Amice, LLC

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107 Bijan Shekarriz 7. Bijan Shekarriz 2916 Estates Dr. AGENT: Billy Garrington Description: Bijan Shekarriz 2916 Estates Dr. GPIN Lynnhaven Proposed Development: Construction of: Stone and precast concrete brick patio and walkways AFTER THE FACT Gazebo Proposed conversion of RPA riparian buffer to turf Existing impervious cover of site 11,451 sq. ft. or 16.2% Post construction impervious cover of site 15,249 sq. ft. or 21.6% New impervious cover within the RPA 3,752 sq. ft. Redeveloped impervious cover within the RPA 0 sq. ft. Development within the RMA 45 sq. ft. History: Lot recorded 12/29/51 M.B. 29, pg. 25 Previous Board / Administrative Variances CBPA Board granted a variance March 26, 2001 a. Encroachment into the Resource Protection Area shall be limited to lots 6, 8, 9, 10, 11, 12, 13, 15, 16 and 27. Maximum encroachments are as follows: i. 12 feet lots 13, 16 ii. 20 feet lots 11, 12 and 15 iii. 25 feet lots 8, 9, 10 and 27 iv. 30 feet lots 6 b. Said encroachments described in condition #1 shall be noted on the subdivision plat and on each individual site plan affected. c. A minimum of 35% of the remaining pervious on each lot (including those lots within the resource management area) shall incorporate mulched planting beds and be so noted on each site plan and Page 1 #7. Bijan Shekarriz

108 Bijan Shekarriz subdivision plat. For waterfront lots and said 35% shall be calculated landward of water, marsh or wetlands. Bayscape principles are encouraged. d. Tree compensation shall be double the canopy requirements of the city tree preservation and replacement ordinance. Said condition applies to both RMA and PRA lots. e. If and when the shorelines are hardened, a riprap revetment shall be installed in lieu of a vertical retaining structure. Said condition shall be noted on the site plan and subdivision plat. f. With the exception of one pedestrian access way to the water, per lot, every waterfront parcel shall preserve to the greatest practicable, the existing forest riparian buffer, inclusive of forest floor (leaf litter) left intact. Said condition shall be noted on all waterfront parcels site plans. g. All stormwater, from impervious cover associated with improvements to lots, shall be conveyed to structural stormwater treatment facilities. Said condition shall be addressed on each individual site plan. h. A revised site plan shall be submitted to the Department of Planning Development Services Center for review and approval prior to the issuance of a building permit. i. For those lots for which variances are granted, limits of construction shall lie a maximum of 10 feet from the structure. No encroachment of land disturbance shall be permitted within 60 feet of the top-of-bank. j. A chain link fence shall be installed at the limits of construction for each lot granted a variance prior to any land disturbance. Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline has not been hardened Land Disturbance: E & S controls shown none shown, noted within WQIA Disturbance within seaward, landward, variable width portion of buffer Trees: Trees removed 0 Trees / Restoration compensation a) 54 trees proposed as noted within WQIA b) 54 new shrubs proposed as noted within WQIA Page 2 #7. Bijan Shekarriz

109 Bijan Shekarriz c) 5,910 sq. ft of restoration proffered on site plan (some of which lie in existing naturalized areas) d) Additional landscape plan submitted by Contractor restoring the site attributable to unauthorized displacement of riparian buffer. Stormwater Management: Infiltration planting bed noted within WQIA Staff Comments: The subject request involves a desire to retain improvements (paver patio) beyond that authorized by the Board, March 26, Specifically the Board limited structural improvements into the RPA to 25 feet for the subject lot. The subject after-the-fact request will extend improvements approximately 30 feet seaward into the RPA beyond that authorized with the March 26, 2001 Board variance. A complaint was registered with Permits and Inspections on 11/2/2011. Specifically, the RPA had been disturbed, plant material and duff (leaf litter) removed, and additional impervious area installed. A planting plan to restore the disturbed area to a riparian buffer was submitted to the DSC for review on 12/12/2011. Some of the restoration has been installed. The subject application is an after-the-fact variance request addressing both the after-the-fact improvements and gazebo on the point. Submitted with the application is a letter from Dr. Kumar Bhagavatula, MD, Syracuse Neurology stating that the Owner is permanently disabled. The letter further states that because of the owners condition, he has limited mobility and strength and is only able to ambulate on firm, flat, and consistent surfaces. Accordingly, the applicant wishes to retain the unauthorized paver patio. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Permanent and/or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. Page 3 #7. Bijan Shekarriz

110 Bijan Shekarriz Site Specific Conditions: 3. Amend site plan to reflect the first 100 buffer; not as the Variable Width Buffer. 4. Eliminate the proposed gazebo. 5. Stormwater runoff from proposed impervious cover shall be conveyed to stormwater management facilities. Low maintenance best management practices shall be employed to the maximum extent practicable. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 6. Within the RPA, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 7. Buffer restoration shall involve restoration of the entire first 100 buffer and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, Appendix D, page D-6, Restoration/Establishment Table A, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The restoration shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 8. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 9. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 850 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 10. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 11. Upon granting of a variance, a revised site plan shall be submitted to the Page 4 #7. Bijan Shekarriz

111 Bijan Shekarriz Department of Planning, Development Services Center for review and approval within 90 days from the date of this hearing. Once the plans have been approved, CBPA / CIVIL permit must be obtained within 60 days. All required restoration must be installed or in the process of installation within 45 days after issuance of the building permit. Failure to comply with this condition may result in a show cause hearing. 12. The conditions and approval associated with this variance are based on the site plan prepared December 1, 2011 by WP Large and sealed December 20, 2011 by William R. Pritchard. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Page 5 #7. Bijan Shekarriz

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126 Chesapeake Bay Preservation Area Board September 26, 2011 Gerald S. Hankin 8. SHOW CAUSE GERALD S. HANKIN 412 Goodspeed Road DESCRIPTION OF VIOLATION: The violation occurred at Part of Lot 45 and w. Part of Lot 46, Princess Anne Hills Park, Sec. A, 412 Goodspeed Road, contiguous to a tributary of the Lynnhaven River. Our records indicate the owner of record for the subject property as GERALD S. HANKIN. The unauthorized development within the Resource Protection Area (non-compliance with the administrative variance conditions requiring removal of a concrete driveway) is in violation of the variance and permit conditions authorized by the Chesapeake Bay Preservation Area Review Board. Said activity constitutes a violation of Chapter 21 of Title 10.1 of the Code of Virginia, and Section 105 of the Chesapeake Bay Preservation Area Ordinance. HISTORY: 7/25, 2011 Staff recommends that this item be deferred so that proper notice can be sent to the proper owner. At the time of notification, staff had information that indicated that Mark and Robin Mihaly were the owners of property. Since that time, staff is aware that the owner is now Gerald S. Hankin. The Board deferred this show cause for 60 days at the July 25, 2011 Public Hearing to allow proper owner notification. There was no one present for the Show Cause Hearing. There was no opposition present. 9/20, 2011 Staff met with Mr. Hankin on September 20, 2011 and according to his testimony, there are legal and financial issues unresolved with this property. Mr. Hankin feels his options are limited at this point in time. Staff is of the opinion that this item be deferred 30 days to allow Mr. Hankin time to contact the first mortgage holder regarding the subject violation. 9/26, 2011 The Board heard testimony from Mr. Hankin at the September 26, 2011 Public Hearing pertaining to the legal and financial issues unresolved with this property. Due to the circumstances involved #8 Gerald S. Hankin Show Cause Page 1

127 Chesapeake Bay Preservation Area Board September 26, 2011 Gerald S. Hankin with this property the Board deferred this show cause for 120 days at the September 26, 2011 Public Hearing. Mr. Hankin, owner, was present. There was no opposition present. 12/21, 2011 Staff contacted Mr. Hankin and he stated that a new lender has acquired the loan on the property and that his Attorney has written the new holder of the loan and no response has been returned to date. Staff recommended that if any correspondence was received to notify staff. ENVIRONMENTAL IMPACT: The required activity of removing the existing driveway and installation of buffer restoration as a condition of the December 22, 2005 approval lies within the seaward and landward portions of the RPA buffer. SUMMARY: It is the opinion of the staff that the degree of deviation or non-compliance has been major and that the environmental impact has been major. None of the required buffer restoration nor BMP s have been installed. In addition, the old driveway and apron within the RPA remains in place. The Board may wish to consider a restoration hearing. #8 Gerald S. Hankin Show Cause Page 2

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130 Chesapeake Bay Preservation Area Board September 26, 2011 Gerald S. Hankin PHOTOS FROM AUGUST 2005 #8 Gerald S. Hankin Show Cause Page 5

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135 Chesapeake Bay Preservation Area Board September 26, 2011 Gerald S. Hankin Photos from September, 2011 #8 Gerald S. Hankin Show Cause Page 10

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140 Chesapeake Bay Preservation Area Board September 26, 2011 Gerald S. Hankin Photos taken January, 2012 #8 Gerald S. Hankin Show Cause Page 15

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