CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING

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3 CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on Monday, February 24 th, 2014 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 February 24, 2014 CBPA Agenda TABLE OF CONTENTS OLD BUSINESS: 1. WILLIAM DUNN, JR S. Woodside Lane NEW BUSINESS: 2. JOHN CRICENTI Hurds Road 3. STEVE MERZ Shepherds Quarter 4. RICHARD D. HANSEN RT, ET AL River Court 5. RANDIE & RICHARD WHITE Harbor Lane 6. JAMES & BARBARA DAVIS Penguin Circle RESTORATION HEARING: 7. JAMES & BARBARA DAVIS Penguin Circle

5 Revised Plans and Correspondences Monday, March 24 th, 2014 Public Hearing: 30 day deferrals - Revised plans and any correspondence to be distributed to Board members for items to be heard at the above referenced Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. Friday, February 28 th, Please provide the following: 15 copies of revised plans 5 copies of the CBPA application 5 copies of the Water Quality Impact Assessment (WQIA) If any additional correspondences for distribution to Board members are required than 15 copies of each correspondence must be provided. Monday, April 28 th, 2014 Public Hearing: 60 day deferrals - Revised plans and any correspondence to be distributed to Board members for items to be heard at the above referenced Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. Friday, March 28 th, Please provide the following: 15 copies of revised plans 5 copies of the CBPA application 5 copies of the Water Quality Impact Assessment (WQIA) If any additional correspondences for distribution to Board members are required than 15 copies of each correspondence must be provided.

6 William Dunn, Jr. 1. WILLIAM DUNN, JR S. WOODSIDE LANE Applicant s agent: Description: Eddie Bourdon Sykes, Bourdon, Ahern & Levy William Dunn Jr S. Woodside Lane GPIN Lynnhaven District Proposed Development: Demolition of: (complete demolition) Boathouse Frame garage Residence with associated walkways and patio Portion of gravel driveway Construction of: Gravel driveway Paver driveway at garage entrance Residence with attached garage Screened porch Swimming pool Boathouse Brick grill, rebuilt as necessary HVAC, generator, trash and pool equipment pads Outdoor shower Existing impervious cover of site 7,036 sq. ft. or 10.8% Post construction impervious cover of site 14,580.8 sq. ft. or 22.4 % New impervious cover within the RPA 7,022.4 sq. ft. Redeveloped impervious cover within the RPA 2,800.6 sq. ft. Development within the RMA 4,757.8 sq. ft. History: Lot recorded 1955 D.B. 362, pg. 221 WILLIAM DUNN, JR. Page 1

7 William Dunn, Jr. Application was deferred for 30 day at the January 27 th, 2014 Public Hearing. 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: Disturbance within the seaward, landward and variable width portion of the buffer Trees: Trees removed 19 Restoration proposed: - buffer restoration index plan provided for new impervious cover - standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Stormwater Management: Bioretention planting bed Staff Comments: Staff met with the applicant s agent and then separately with the applicant, the applicant s Architect, and Engineer of Record. Staffs concerns with the location of the house and impacts to the existing riparian buffer were discussed during both meetings. As such, the applicant s hardship remains self-imposed and the revised plan reflects the applicants desire to retain the proposed residence where previously shown. Minor modifications were made to the proposed driveway and existing boathouse. Said modification to the driveway provides for 9 feet of clearance from the existing Oak tree to be preserved. In addition, the applicant provided a buffer restoration index plan. WILLIAM DUNN, JR. Page 2

8 William Dunn, Jr. 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 as shown on the submitted plan 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 (to the greatest extent practicable) 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 as shown on the submitted plan outboard of improvements. 7. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 8. The pool shall be constructed prior to or concurrent with the residence. WILLIAM DUNN, JR. Page 3

9 William Dunn, Jr. 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. 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 prepared by Gallup Surveyors and Engineers dated November 21, 2013 and sealed November 27, 2013 by Bruce Gallup. 13. **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 $1, 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 1,755 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 14. No fill authorized outboard of the proposed improvements. 15. Relocate the proposed BMP #1 and associated swales. Said location of BMP s and swales shall be outside the dripline of existing canopy trees. 16. A joint permit application will be need for the proposed boathouse, riprap and wetland conversion areas. 17. Under deck treatment of sand and gravel will be required for the open-pile supported boathouse and wooden access ramp. Post construction of the boathouse, the area beneath shall remain open. 18. All areas below the five foot contour and currently devoted to mowed wetland/lawn resources shall be restored to a suitable wetland/vegetative community based on elevation (i.e. high marsh, transition, shrub, upland, etc.). A separate restoration plan shall be provided. Said plan shall specify wetland plants, perennial, shrub and tree species and provide the required form / size (i.e. WILLIAM DUNN, JR. Page 4

10 William Dunn, Jr. plug, bare root, container, etc.) for each. Restored areas incorporate the entire shoreline reach. 19. For the approximate 6,046 sq. ft. converted/proposed vegetative tidal wetland zone and the no-mow zone, a monitoring plan shall be submitted to the Planning Department bi-annually inclusive of photos for a period of 3 years (6 reports total). Said report shall address the mowing cycle (annually, bi-annually) and seasonal times for the no mow zone. 20. The proposed 6,046 sq. ft. converted/proposed vegetative tidal wetland zone subsoil shall be amended if sand is non-existent. Said depth of sand subsoil shall be a minimum of 18 inches in depth. 21. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (7,022 s. ft. x 200% = 14,044 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 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. The suitable vegetative community created below the 5 foot contour elevation, exclusive of the no-mow area shall be counted towards the buffer restoration requirements. 22. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (to be determined at site plan review with the recalculation of impervious cover due to the landward retreat of proposed improvements) 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 WILLIAM DUNN, JR. Page 5

11 William Dunn, Jr. 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 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. WILLIAM DUNN, JR. Page 6

12 William Dunn, Jr. WILLIAM DUNN, JR. Page 7

13 William Dunn, Jr. WILLIAM DUNN, JR. Page 8

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23 John Cricenti 2. JOHN CRICENTI 989 Hurds Road Applicant s agent: Description: Bob Simon Waterfront Consulting John Cricenti 989 Hurds Road GPIN Lynnhaven District Proposed Development: Demolition of: Concrete driveway Concrete pool deck / walks Construction of: Concrete paver driveway (redevelopment) Concrete paver pool deck / walks (redevelopment) Detached garage (BZA required) Existing impervious cover of site 14,966 sq. ft. or 37.58% Post construction impervious cover of site 14,966 sq. ft. or 37.58% New impervious cover within the RPA 1,006 sq. ft. Redeveloped impervious cover within the RPA 10,801 sq. ft. History: Lot recorded 10/6/41 M.B. 13, pg. 38 Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline has not been hardened JOHN CRICENTI Page 18

24 John Cricenti Land Disturbance: Disturbance within the seaward, landward, and variable width portion of the buffer Trees: Trees removed 8 Restoration proposed: - standard buffer restoration for new impervious cover - standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Stormwater Management: Bioretention planting bed Staff Comments: The applicant s agent has requested a 30 day deferral. Staff supports the request. JOHN CRICENTI Page 19

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33 Steve Merz 3. STEVE MERZ 2705 Shepherds Quarter Applicant s agent: Description: Steve Merz Steve Merz 2705 Shepherds Quarter GPIN Lynnhaven District Proposed Development: Demolition of: Wood deck Construction of: Low masonry wall with associated backfill Covered deck Building addition 1 story Wood deck Fill material seaward of proposed improvements Existing impervious cover of site 6,423 sq. ft. or 27.9% Post construction impervious cover of site 7,052 sq. ft. or 30.7% New impervious cover within the RPA sq. ft. Redeveloped impervious cover within the RPA sq. ft. History: Lot recorded 11/6/57 M.B. 44, pg. 18 Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline hardened with bulkhead / rip rap revetment STEVE MERZ Page 28

34 Steve Merz Land Disturbance: Disturbance within the seaward and landward portion of the buffer Trees: Trees removed 0 Note: Fill material is proposed within the dripline of tree #19 (21 dia. Oak) to a depth of approximately 18 to 24 inches in depth. Restoration proposed: - standard buffer restoration for new impervious cover - standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Stormwater Management: Bioretention planting bed Under deck treatment Staff Comments: The submitted application is not ripe for deliberation and as such staff has spoken with Mr. Garrington in support of a 60 day deferral. Said deferral is to coordinate the proposed shoreline project with the proposed upland improvements. STEVE MERZ Page 29

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43 Richard D. Hansen RT, et al 4. RICHARD D. HANSEN RT, et al 1708 River Court Applicant s agent: Description: Billy Garrington Governmental Permitting Consultants Richard D. Hansen RT et al 1708 River Court GPIN Lynnhaven District Proposed Development: Demolition of: Vacant lot Concrete driveway Construction of: Residence (2 story) with attached garage Covered porch Circular driveway with parking spaces Driveway access for garage HVAC and generator pad Patio Existing impervious cover of site 1,254 sq. ft. or 3% Post construction impervious cover of site 9,373 sq. ft. or 22.6% New impervious cover within the RPA 8,896.9 sq. ft. Redeveloped impervious cover within the RPA sq. ft. Development within the RMA 19.3 sq. ft. History: Lot recorded 7/30/51 M.B. 27, pg. 51 Previous Board Variances: CBPA Board granted a variance May 22, 2008 for the construction of a single family residence with and accessory structure and ornamental pond. The conditions were as follows: RICHARD D. HANSEN RT, ET AL Page 38

44 Richard D. Hansen RT, et al 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 measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 3. Construction limits shall lie a maximum of 15' outboard of improvements. 4. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 5. Stormwater management shall be as proposed which achieves a net 3.5% impervious cover threshold 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. Said condition shall be so noted on the site plan. 7. All accessory structures shall be constructed concurrent with the principal structure. 8. **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 $3, and is based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 3,526 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 9. Buffer restoration shall be in conformance with the restoration plan sealed May 8, 2008 prepared by Landmark Design Group (sheet L-1). Said restoration shall be installed prior to the issuance of the certificate of occupancy. 10. The conditions and approval associated with this variance are based on the site plan dated May 8, 2008 (sheet C-1), prepared by Landmark Design Group. 11. It is the opinion of the Board that the approved granted is the maximum impervious cover the site can support. 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. RICHARD D. HANSEN RT, ET AL Page 39

45 Richard D. Hansen RT, et al Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline has not been hardened Land Disturbance: Disturbance within the seaward, landward, and variable width portion of the buffer Trees: Trees removed 12 Restoration proposed: - standard buffer restoration for new impervious cover - standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Stormwater Management: Bioretention planting bed Staff Comments: Staff is of the opinion that the proposed improvements do not afford adequate clearance from the most sensitive portions of the site. Specifically, improvements along the northwest portions of the site lie within close proximity of the top of bank and precipitate the need to extend construction limits/activity below top-ofbank and within 25 of wetlands. As such, improvements need to be modified to ensure the top-of-bank is not compromised. A front yard setback will be required to accommodate. Of concern is the sub-standard conditions of the existing rightof-way and lack of turning space and on-site contractor parking. Accordingly, the project has the potential to further disturb the site beyond the specified limits of construction. The following conditions are offered for Board consideration should the variance be approved: RICHARD D. HANSEN RT, ET AL Page 40

46 Richard D. Hansen RT, et al 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 (to the greatest extent practicable) 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. 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. 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 RICHARD D. HANSEN RT, ET AL Page 41

47 Richard D. Hansen RT, et al 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 prepared by Gallup Surveyors and Engineers dated December 27, 2013 and sealed January 3, 2014 by Bruce Gallup. 13. Remove all debris (i.e. trash, vegetative rack material, etc.) from the perimeter of the existing marsh. All activities shall be performed by hand to the greatest extent practicable. 14. Remove the existing open-pile covered wood porch prior to occupancy. All activities shall be performed by hand to the greatest extent practicable. 15. Reduce the parking area adjacent to the garage to be a maximum of 24 feet in width. 16. All proposed improvements shall be a minimum of 10 feet from the top of bank. 17. 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. 18. **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 $2, 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 2,224 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 19. Post construction turf limits shall lie a maximum of 10' outboard of improvements (providing approximately 4,000 sq. feet). A separate landscape / buffer RICHARD D. HANSEN RT, ET AL Page 42

48 Richard D. Hansen RT, et al restoration plan shall be submitted concurrent or prior to submission of 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. To a reasonable extent (approx. 12,000 sq. feet), buffer restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers and be applied to areas devoid of a forest layer(s) ((i.e. canopy layer, understory tree layer, understory shrub layer (large to small), herbaceous layer, etc.)). 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. 20. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (456 sq. ft. x 100% = 456 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. 21. 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 RICHARD D. HANSEN RT, ET AL Page 43

49 Richard D. Hansen RT, et al 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. RICHARD D. HANSEN RT, ET AL Page 44

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58 Randie & Richard White 5. RANDIE & RICHARD WHITE 2096 Harbor Lane Applicant s agent: Description: Billy Garrington Governmental Permitting Consultants Randie & Richard White 2096 Harbor Lane GPIN Lynnhaven District Proposed Development: Demolition of: Gravel walk Construction of: Swimming pool Hot tub Brick paver patio Pool equipment pad Stepping stone path to pier Existing impervious cover of site 3,660 sq. ft. or 13.4% Post construction impervious cover of site 4,586 sq. ft. or 16.8% New impervious cover within the RPA 1,359 sq. ft. History: Lot recorded 01/10/07, Inst. No Previous Board Variance: CBPA Board granted a variance January 23, 2006 for a 4 lot subdivision with the construction of 4 single family residences. The conditions were as follows: 1. A pre-construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. RANDIE & RICHARD WHITE Page 53

59 Randie & Richard White 2. The initial clearing and limits of construction associated with demolition shall be defined by re-enforced 36 orange fence. Additional erosion and sedimentation control measures will be required with the submission of individual site plans. 3. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent or temporary soil stabilization shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 5. Construction limits shall lie a maximum of 10 outboard of improvements for those portions of the project bordering wetlands/tidal waters. Construction limits shall be 15' elsewhere. 6. The construction access way shall be noted on the site plan, as well as the stockpile staging area. Said condition is also applicable for the demolition portion of the project. 7. All stormwater from proposed impervious cover shall be conveyed to stormwater management facilities. 8. If and when the shoreline is hardened, 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. Said condition shall be so noted on the site plan. No shoreline hardening structure will be authorized unless there is active detrimental shoreline erosion. 9. Under deck treatment of sand and gravel shall be installed. 10. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be in the amount of $3,146 and is based on 25% of the total proposed impervious cover. Said payment shall provide for the equivalent of an approximate 3,432 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 11. All area outside the authorized limits of construction as defined in aforementioned condition # 5 shall be left in a natural state to include the RANDIE & RICHARD WHITE Page 54

60 Randie & Richard White forest floor (leaf litter) left intact, in perpetuity. Said condition shall be so noted on the site plan. 12. Buffer restoration shall be installed for all disturbed area associated with demolition. The required restoration shall incorporate a mulch layer of organic material 4 6 in depth. In addition to the aforementioned buffer restoration area, tree compensation shall be at a 4:1 ratio for all trees removed and shall be comprised of 50% deciduous and 50% evergreen species. The required trees shall be evenly distributed throughout the lots to the greatest extent practicable and said tree locations shall be considerate of overheard tree canopy. Said restoration shall be installed prior to the issuance of the certificate of occupancy or final building inspection. Said condition shall be so noted on the site plan. 13. A separate master landscape / buffer restoration plan for all four lots shall be submitted for review and approval concurrent with the first site plan. Subsequent site plans shall incorporate buffer restoration in accordance with said master plan detailing location, number, and species of vegetation to be installed. 14. The conditions and approval associated with this variance are based on the site plan dated December 20, 2005, prepared by John E. Sirine and associates. 15. The residence for proposed Lot 3 shall be re-located 25 towards Harbor Lane and for proposed Lot 4, 8 feet towards Harbor lane. 16. One pedestrian access way, per lot, shall be permitted to the water. Said accessway shall be a maximum of 4 in width and comprised of organic material. The pedestrian accessway shall be shown on each individual site plan. 17. 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 Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Moderately wooded RANDIE & RICHARD WHITE Page 55

61 Randie & Richard White Shoreline has not been hardened Land Disturbance: Disturbance within the seaward and landward portion of the buffer Trees: Trees removed 1 Restoration proposed: - standard buffer restoration for new impervious cover - standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Stormwater Management: Bioretention planting bed Staff Comments: The prior Board variance described that all areas outside the limits of construction (10 feet from the proposed improvements) were to be left in a natural state. The proposed location of the pool and associated patio fall within areas to have been left in a natural state however, during the site visit it was discovered that portions of those areas have been converted to turf. The applicant s agent should address the non-compliance with the previous Board variance, to include how long the site has remained in non-compliance. 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 RANDIE & RICHARD WHITE Page 56

62 Randie & Richard White 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 (to the greatest extent practicable) 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. The pool shape, size, and location shall be as shown on the submitted plan. 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. 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. RANDIE & RICHARD WHITE Page 57

63 Randie & Richard White Site Specific Conditions: 12. The conditions and approval associated with this variance are based on the site plan prepared by Gallup Surveyors and Engineers dated December 20, 2013 and sealed December 30, 2013 by Bruce Gallup. 13. If approved, the applicant shall verify that the existing BMP s and buffer restoration associated with the January 23, 2006 Board variance are functioning as designed. If not present, said mitigation requirements shall be installed. 14. Pool decking shall be a maximum of 4 x 4 x 0 x 8 (diving board end). 15. No additional turf shall be authorized outboard of the proposed improvements. 16. 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. Said delineated trees to be trimmed shall be noted of the revised site plan. 17. Utilize the existing organic path to the water in-lieu of the proposed stepping stone path. 18. Remove all debris (i.e. trash, vegetative rack material, etc.) from the perimeter of the existing marsh. All activities shall be performed by hand to the greatest extent practicable. 19. No perimeter fill authorized outboard of the proposed improvements. 20. 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. 21. **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 339 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 22. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (1,359 sq. ft. x 200% = 2,718 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory RANDIE & RICHARD WHITE Page 58

64 Randie & Richard White 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. 23. 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. RANDIE & RICHARD WHITE Page 59

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73 James & Barbara Davis 6. JAMES & BARBARA DAVIS 1308 PENGUIN CIRCLE Applicant s agent: Description: James & Barbara Davis James & Barbara Davis 1308 Penguin Circle GPIN Lynnhaven District Proposed Development: Construction of: Wood deck Small project in the RPA New impervious cover within the RPA 264 sq. ft. History: Lot recorded 7/30/27 M.B. 7, pg. 192 Item was heard as a Show Cause at the December 20, 2013 Public Hearing Site Characteristics: Watershed Lynnhaven Single family residence and amenities Stabilized with turf and other plantings Sparsely wooded Shoreline hardened with bulkhead Land Disturbance: Disturbance within the seaward portion of the buffer Trees: Trees removed 0 JAMES & BARBARA DAVIS Page 68

74 James & Barbara Davis Restoration proposed: - standard buffer restoration for new impervious cover Stormwater Management: None shown Staff Comments: A Show Cause hearing was held December 20, 2013 and a violation was found. The property owner was not assessed a civil charge and a restoration hearing was ordered for February 24, During a site visit it appears that no net increase in non-point source pollution load has occurred due to the unauthorized improvements. As a component of the restoration hearing an after-the-fact variance request was submitted. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 2. 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. 3. 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: 4. The conditions and approval associated with this variance are based on the exhibit prepared by the applicant and presented to the Board. Said exhibit and conditions shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. The Development Services Center and/or Permits and Inspections may require additional information that may affect the release of a building permit. 5. Under deck treatment of sand and gravel shall be installed. JAMES & BARBARA DAVIS Page 69

75 James & Barbara Davis 6. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (264 sq. ft. x 200% = 528 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 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. 7. Upon granting of a variance, a revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval within 60 days from the date of this hearing. Once the plans have been approved, CBPA / CIVIL permit must be obtained within 30 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. ***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. JAMES & BARBARA DAVIS Page 70

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83 James & Barbara Davis RESTORATION HEARING 7. JAMES & BARBARA DAVIS 1308 Penguin Circle A Restoration Hearing will be held for James & Barbara Davis on property located at Birdneck Point Club Sec, Lot 92 & E 1/2 of Lot 91, also known 1308 Penguin Circle for unauthorized development within the Resource Protection Area. GPIN , District 5 LYNNHAVEN. The violation occurred at Birdneck Point Club Sec, Lot 92 & E 1/2 of Lot 91, 1308 Penguin Circle, contiguous to a tributary of the Lynnhaven River. Our records indicate the owner of record for the subject property as James and Barbara Davis. The unauthorized development within the Resource Protection Area (construction of a wood deck without approval or permit) 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. I. HISTORY OF NON-COMPLIANCE: BACKGROUND: To our knowledge, Mr. and Mrs. Davis have no history of noncompliance beyond the aforementioned items. II. CHRONOLOGY: Sept. 9, 2013 Sept. 12, 2013 CBPA Civil Inspectors visits the site to investigate a civil complaint of a deck being built. The Inspector issued a Notice of Violation with instructions to submit a Preliminary Project Request (PPR) within 4 days to the city. Homeowners submit PPR application to the City for review. JAMES & BARBARA DAVIS Page 78

84 James & Barbara Davis Sept. 23, 2013 Sept. 27, 2013 Dec. 20, 2013 Feb. 4, 2014 Staff issues a Show Cause letter to the property owner to remove the unauthorized deck within 30 days or appear before the CBPA Board at the October 28, 2013 Public Hearing. On or about said date staff received a phone call from the homeowner stating that they desired to keep the unauthorized wood deck. Staff informed them to be present at the October Public Hearing to explain their request. At the Public Hearing the Board did not impose a civil charge. A restoration hearing was ordered for February 24, An after-the-fact variance is submitted. III. STAFF COMMENTS: A variance application was received addressing the after-the-fact improvements and proposed standard mitigation measures. Should the Board approve the aforementioned item 6 after-the-fact variance, staff recommends that the conditions associated with the staff report qualify as restoration initiatives. However, should the after-the-fact application be denied staff recommends the deck be removed and the site stabilized with vegetative cover within 30 days. JAMES & BARBARA DAVIS Page 79

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