MINUTES CHESAPEAKE BAY PRESERVATION AREA BOARD VIRGINIA BEACH, VIRGINIA JUNE 27, 2016

Transcription

1 MINUTES CHESAPEAKE BAY PRESERVATION AREA BOARD VIRGINIA BEACH, VIRGINIA JUNE 27, 2016 Chair Mr. Sobota, called to order the Chesapeake Bay Preservation Area Board meeting in the City Council Chambers, City Hall Building, Virginia Beach Municipal Center, on Monday, June 27, A motion was made by Mr. McCoy and seconded by Mr. Martin to approve the May 23, 2016 minutes. All voted for the motion except Mr. Jester who was abstained due to his absence from the May meeting, and Mrs. McDaniels was abstained. This vote also serves as the official roll call for this meeting. All members were present except Mr. Jones and Mr. Poole. BOARD ACTION: APPROVED MAY 23, 2016 MINUTES ON JUNE 27, NO 0 ABSTAIN 2 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA ABSTAIN ABSTAIN Board Members Present: David France, David Jester, Brad Martin, Wayne McCoy, June McDaniels, Reese Smith, and Dennis Sobota. Page 1 of 36

2 CASE 1: OLD BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: DAVIS SARRETT 1624 BAY POINT COURT Description: Davis Sarrett 1624 Bay Point Court GPIN: Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH THE 16 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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 15 from improvements. 5. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 6. 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 Page 2 of 36

3 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. 7. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 8. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 9. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 10. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 11. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 2,243 sq. ft. x 200% = 4,486 sq. feet. Said restoration 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: 12 canopy trees, 24 understory, and 36 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. Page 3 of 36

4 12. A means or method to abate the ongoing shoreline erosion shall be addressed on the submitted site plan. Specifically, the existing riprap revetment structure shall be re-worked and properly installed prior to or concurrent with the subject request. A Joint Permit Application (JPA) will be required. 13. No perimeter fill is authorized outboard or seaward of the proposed improvements. 14. **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 Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 561 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 15. 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/beach. 16. The conditions and approval associated with this variance are based on the exhibit plan dated May 23, 2016, prepared by John Sirine & Associates, signed May 23, 2016, by Eugene D. Thayer, P.E. Deviation from said conditions during site plan review may require re-submittal for Board consideration. Billy Garrington of Governmental Permitting Consultants appeared before the Board representing the applicant. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 16 conditions as amended (Deleted Condition #13). All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 4 of 36

5 CASE 2: OLD BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: BURBANK MITCHELL 3352 WHIPPORWILL POINT Description: Burbank Mitchell 3352 Whipporwill Point GPIN: Lynnhaven District AGENT: Greg Frech, GMF Associates BOARD ACTION: APPROVED WITH 15 CONDITIONS ON JUNE 27, 2016 CPBA Variance 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. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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 15 from improvements. 5. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 6. 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. Page 5 of 36

6 7. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 8. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 9. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 10. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 11. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: the additional impervious cover associated with the driveway is located within the variable width buffer and as such, needs to be quantified on the revised site plan. Said restoration 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: xx canopy trees, xx understory, and xx shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. 12. Prescribed repairs associated with the marine contractor report dated May 26, 2016, shall occur prior to or concurrent with improvements associated with the principal and accessory structures. A Joint Permit Application (JPA) may be required. Page 6 of 36

7 13. No perimeter fill is authorized outboard or seaward of the proposed improvements. 14. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be calculated as follows (proposed impervious cover in the Resource Protection Area (RPA) divided by 4, divided by 27, times 15, and times 1.65 for the total amount required). Said amount is based on 25% of the proposed impervious cover within the RPA and shall provide for an oyster shell plant within the Lynnhaven River Basin. 15. The conditions and approval associated with this variance are based on the exhibit plan dated February 8, 2016, prepared by DKT Associates, signed February 8, 2016, by Dennis Taflambas, LS. Deviation from said conditions during site plan review may require re-submittal for Board consideration. Greg Frech of GMF Associates appeared before the Board representing the applicant. There was no opposition present. A motion was made by Mr. Smith, seconded by Mr. Jester to approve the variance with the 15 conditions listed above. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 7 of 36

8 CASE 3: OLD BUSINESS: PROPERTY OWNER: PROPERTY ADDRESS: PENGUIN, LLC 1320 PENGUIN CIRCLE Description: Penguin, LLC 1320 Penguin Circle GPIN: Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPLICATION WITHDRAWN ON JUNE 27, 2016 Billy Garrington of Governmental Permitting Consultants appeared before the board representing the applicant. The applicant requested that the application be withdrawn. There was no opposition present. A motion was made by Mrs. McDaniels, seconded by Mr. Jester to withdraw this application. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 8 of 36

9 CASE 4: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: ERIC AND MELANIE DOBRATZ 3101 RIVERS EDGE COVE Description: Eric and Melanie Dobratz 3101 Rivers Edge Cove GPIN: Lynnhaven District AGENT: Eric Dobratz, Homeowner BOARD ACTION: APPROVED WITH THE 14 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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 15 from improvements. 5. Construction limits shall be contained within 15 of improvements. 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. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. Page 9 of 36

10 7. 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. 8. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 9. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 10. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 204 sq. ft. x 200% = 408 sq. feet. Said restoration 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: 2 canopy trees, 4 understory, and 6 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. 11. **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 $46.75 and is based on 25% of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 51 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 12. Mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall Page 10 of 36

11 be performed thereby permitting sunlight to interface with tidal fringe marsh. 13. This variance and associated conditions are in addition to the conditions of the Board variance granted January 26, 2015, and June 26, The conditions and approval associated with this variance are based on the exhibit plan dated April 29, 2016, prepared by MSA, P.C., signed April 29, 2016 by Nathan Lahy, L.A. Deviation from said conditions during site plan review may require resubmittal for Board consideration. Eric Dobratz appeared before the Board. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 14 conditions listed above. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 11 of 36

12 CASE 5: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: C. GREGORY AND WANDA JOHNSON 3536 WEST CORAL KEY Description: C. Gregory and Wanda Johnson 3536 West Coral Key GPIN: Lynnhaven District AGENT: Greg Johnson, Homeowner BOARD ACTION: APPROVED WITH THE 11 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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 15 from improvements. 5. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 6. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. Page 12 of 36

13 7. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 8. The existing 10 x30 concrete pad seaward of the subject improvements shall be removed and stabilized with vegetative cover. 9. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 505 sq. ft. x 200% = 1,010 sq. feet. Said restoration 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: 3 canopy trees, 6 understory, and 9 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. 10. **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 Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 126 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 11. 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. Greg Johnson, Homeowner appeared before the Board. There was no opposition present. Page 13 of 36

14 As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 11 conditions listed above. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 14 of 36

15 CASE 6: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: JILLIAN REYNOLDS AND SCOTT SACHS 2484 HAVERSHAM CLOSE Description: JILLIAN REYNOLDS AND SCOTT SACHS 2484 HAVERSHAM CLOSE GPIN: Lynnhaven District AGENT: Eric Garner, WPL BOARD ACTION: APPROVED WITH THE 12 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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 15 from improvements and shall denote the construction limits. 5. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 6. Permanent and / or temporary soil stabilization measures shall be applied to all Page 15 of 36

16 disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 8. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 460 sq. ft. x 200% = 920 sq. feet. Said restoration 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: 3 canopy trees, 6 understory, and 9 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. 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 Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 115 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 10. This variance and associated conditions are in addition to the conditions of the Board variance granted November 25, A retaining wall shall be installed outboard of the proposed paver patio. No perimeter fill. 12. The conditions and approval associated with this variance are based on the exhibit dated March 9, 2016, prepared by the applicant and presented to the Board. Permits and Inspections may require additional information that may affect the release of a building permit. Page 16 of 36

17 Eric Garner of WPL appeared before the Board representing the applicants. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 12 conditions listed above (Amended Condition 11). All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 17 of 36

18 CASE 7: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: SALLY BAKER 2712 SANDY VALLEY ROAD Description: Sally Baker 2712 Sandy Valley Road GPIN: Lynnhaven District AGENT: Sally Baker, Homeowner BOARD ACTION: APPROVED WITH THE 11 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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. Construction limits shall lie a maximum of 10 ' seaward of improvements. 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. 5. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. Page 18 of 36

19 6. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 8. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 152 sq. ft. x 200% = 304 sq. feet. Said restoration 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: 1 canopy trees, 2 understory, and 3 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. 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 concurrent with site plan approval. Payment shall be in the amount of $34.83 and is based on 25% of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 38 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 11. The conditions and approval associated with this variance are based on the exhibit prepared by the applicant dated March 27, 2016, and presented to the Board. Permits and Inspections may require additional information that may affect the release of a building permit. Sally Baker, Homeowner appeared before the Board. Page 19 of 36

20 There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 11 conditions listed above. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 20 of 36

21 CASE 8: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: DR. HARVEY SHIFFLET 1950 THOMAS BISHOP LANE Description: Dr. Harvey Shifflet 1950 Thomas Bishop Lane GPIN: and Lynnhaven District AGENT: Eddie Bourdon, of Sykes Bourdon Ahern & Levy BOARD ACTION: APPROVED WITH 1 CONDITION ON JUNE 27, 2016 CBPA Variance Conditions: Planning Staff recommends that all prior Conditions associated with the December 21, 2006 CBPA Board variance remain and the proposed locations and specifications/components of the submitted site plan dated May 2, 2016 prepared by MSA, P.C., sealed May 2, 2016 by Robert S. Miller, III, P.E. supersede aforementioned Condition #21 associated with the December 21, 2006 CBPA Board variance. Eddie Bourdon, Attorney with Sykes, Bourdon, Ahern & Levy appeared before the Board representing the applicant. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 1 condition listed above. All voted for the motion. Page 21 of 36

22 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 22 of 36

23 CASE 9: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: FRANCIS CARILLE 3500 HOLLY ROAD Description: Francis Carille 3500 Holly Road GPIN: Beach District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH THE 15 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, 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 15 from improvements. 5. Construction limits shall lie a maximum of 15' seaward of improvements. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 6. For all trees to be preserved outboard of the limits of construction that are encroached Page 23 of 36

24 upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 7. 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. 8. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 9. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 10. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 11. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 12. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 743 sq. ft. x 200% = 1,486 sq. feet. Said restoration 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: 4 canopy trees, 8 understory, and 12 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline Page 24 of 36

25 structures. 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. 13. No perimeter fill is authorized outboard or seaward of the proposed improvements. 14. **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 Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 186 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 15. The conditions and approval associated with this variance are based on the exhibit plan dated May 4, 2016, prepared by Siska Aurand, signed May 4, 2016 by C. Douglas Aurand. Deviation from said conditions during site plan review may require re-submittal for Board consideration. Billy Garrington of Governmental Permitting Consultants appeared before the Board representing the applicant. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 15 conditions listed above. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 25 of 36

26 CASE 10: NEW BUSINESS PROPERTY OWNER: PROPERTY ADDRESS: OLIVER AND MARGARET JOYNER 1504 EAST BAY SHORE DRIVE Description: Oliver and Margaret Joyner 1504 East Bay Shore Drive GPIN: Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH THE 15 CONDITIONS ON JUNE 27, 2016 CBPA Variance 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. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, shall be installed 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 delineated per the CBPA Variance Exhibit. 5. Construction shall be contained within the limits of the delineated silt fence per the CBPA Variance Exhibit. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. Page 26 of 36

27 7. 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. 8. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 9. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 10. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 11. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 12. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 3,034 sq. ft. x 200% = 6,068 sq. feet. Said restoration 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: 16 canopy trees, 32 understory, and 48 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. Page 27 of 36

28 13. The pool shall be constructed prior to or concurrent with the residence. 14. **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 Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 759 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 15. The conditions and approval associated with this variance are based on the exhibit plan dated April 27, 2016, prepared by Gallup Surveyors and Engineers, signed April 27, 2016 by Bruce Gallup, P.E., L.S. Deviation from said conditions during site plan review may require re-submittal for Board consideration. Billy Garrington of Governmental Permitting Consultants appeared before the Board representing the applicants. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. McCoy, seconded by Mr. Martin to approve the variance request with the 15 conditions listed above. All voted for the motion. 7 NO 0 ABSTAIN 0 2 FRANCE JESTER JONES MARTIN MCCOY MCDANIELS POOLE SMITH SOBOTA Page 28 of 36

29 CASE 11: NEW BUSINESS PROPERTY OWNER: S. A. KARAGEORGE PROPERTY ADDRESS: 1145 YORK LANE (LOT 198) Description: S. A. Karageorge 1145 York Lane (Lot 198) GPIN: Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH 18 CONDITIONS ON JUNE 27, 2016 CPBA Variance 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. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, shall be installed 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 delineated per the CBPA Variance Exhibit. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 5. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 6. 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 Page 29 of 36

30 equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 7. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 8. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 9. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 10. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 11. Buffer restoration shall be achieved equal to 200% of the proposed new impervious cover within the RPA: 4,748 sq. ft. x 200% = 9,496 sq. feet. Said restoration 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: 24 canopy trees, 48 understory, and 72 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. 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. Any wetlands mitigation areas can be created towards the buffer restoration. Page 30 of 36