MINUTES CHESAPEAKE BAY PRESERVATION AREA BOARD … · Municipal Center, on Monday, October 28, 2013. A motion was made by Mr. McNulty and seconded by Mr. Poole to approve the September

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MINUTES CHESAPEAKE BAY PRESERVATION AREA BOARD

VIRGINIA BEACH, VIRGINIA OCTOBERT 28, 2013

Chair Mr. Michael Levinson, called to order the Chesapeake Bay Preservation Area Board meeting in the City Council Chambers, City Hall Building, Virginia Beach Municipal Center, on Monday, October 28, 2013. A motion was made by Mr. McNulty and seconded by Mr. Poole to approve the September 23, 2013 minutes. This vote also serves as the official roll call for this meeting. All members were present except Mr. Sobota, which arrived later during the meeting. BOARD ACTION: APPROVED SEPTEMBER 23, 2013 MINUTES ON OCTOBER 28, 2013. AYE 7 NO 0 ABSTAIN 1 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT ABSTAIN SMITH AYE SOBOTA ABSENT Board Members Present: Jeanne Evans-Cox, Dudley Fulton, Mike Levinson, Brad Martin, Steve McNulty, Richard Poole, Paul Schmidt, Reese Smith. Dennis Sobota arrived later during the meeting.

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CASE 1: OLD BUSINESS PROPERTY OWNER: J B DESIGN & REMODELING PROPERTY ADDRESS: 4344 WISHART ROAD Description: J B Design & Remodeling – 4344 Wishart Road – GPIN 1478-76-9748 Bayside District AGENT: Eddie Bourdon, Sykes, Bourdon, Ahern & Levy BOARD ACTION: APPROVED WITH 23 CONDITIONS ON OCTOBER 28, 2013

Standard conditions:

1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition.

2. Land disturbance shall be limited to the area necessary to provide for the

proposed use or development.

3. Prior to 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.

4. 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.

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5. The construction access way shall be noted on the site plan, as well as the stockpile / staging area.

6. Under deck treatment of sand and gravel shall be installed, when

applicable. 7. Exclusive of the limits of turf as described with condition 17, 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.

8. A revised site plan for each lot shall be submitted to the Department of

Planning, Development Services Center for review and approval prior to the issuance of a building permit. Each submittal shall address the conditions of this variance if approved.

Site Specific Conditions:

9. The conditions and approval associated with this variance are based on

the site plan prepared by Gallup Surveyors and Engineers dated September 24th, 2013 and sealed September 24, 2013 by Bruce Gallup.

10. Mature trees exist adjacent to tidal waters. The select removal of lower

tree limbs and/or trees shall be performed prior to the final release of any land disturbing permits thereby permitting sunlight to interface with the inner tidal and beach resource/fringe marsh. Said trees shall be indicated on the site plan detailing location, size and species of vegetation. Removal methods of all trees deemed detrimental to the stability of the existing bank shall be documented in a report developed and submitted by a certified arborist. The report shall also document the proposed means of access through the buffer for the tree removal.

11. Backfill material associated with the retaining wall shall have the same

permeability characteristics as the underlying soil type (sand). 12. The proposed stormwater treatment facility for the main driveway shall be

located landward of the proposed retaining wall.

13. Exclusive of the private road, the maximum impervious cover shall not exceed 7,800 sq. feet per individual lot. The maximum impervious cover includes all proposed improvements.

14. Exclusive of the private road, all proposed impervious cover shall be

landward of the 100 foot buffer. Lot A-2 shall be permitted 125 square feet within the landward buffer on the eastern portion of the lot.

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15. For individual lot improvements, a 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, limits of construction, and limits of clearing shall be limited to 10 ft. outboard of proposed improvements, and 5 ft. outboard of the proposed improvements for Lot A-2 and main driveway expansion.

16. For individual lot improvements, there shall be no perimeter fill authorized outboard of the proposed improvements – improvements shall be built into the slope.

17. For individual lot improvements, the post-construction limits of turf shall lie landward of the top of bank feature.

18. **As offered by the applicant of the individual lots, payment shall be made

to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be calculated in the amount as follows (Proposed impervious cover divided by 4, divided by 27, times 15, times 1.65 for the total amount required) Said amount 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 an oyster shell plant within the Lynnhaven River Basin.

19. To the greatest extent practicable, buffer restoration associated with the

driveway expansion shall be achieved at a ratio of one (1) to one (1) for replacement of existing trees and other vegetation removed. A comprehensive landscape / buffer restoration plan shall be submitted and approved prior to recordation of the final subdivision plat. Said landscape / buffer restoration plan shall detail the location, number, and species of vegetation to be installed supplementing the existing naturalized areas (i.e. 100 foot buffer). Said plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. The restoration shall have either a naturalized forest floor or mulch layer of organic material 4” – 6” in depth. Said 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 for the first lot built.

20. Where areas to be preserved (i.e. outside of the limits of construction) are encroached upon, replacement of existing trees and other vegetation shall be achieved at a ratio of 1:1 for vegetation removed.

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21. It is the opinion of the Board that the approval granted is the maximum impervious cover the site and each individual lot can support.

22. If approved the following note shall be recorded with the final subdivision plat. “A CBPA variance approval contained conditions that apply to all proposed construction which provides limits of impervious cover for each lot. Limits are described within the conditions of the CBPA variance. The CBPA variance conditions and exhibits are on file in the Planning Department.”

23. The seaward limits of impervious cover shall be platted on the subdivision plat by meets and bounds.

Eddie Bourdon, Attorney with Sykes, Bourdon, Ahern & Levy appeared before the Board representing the applicant. Louise Stewart of 1117 Lady Ginger Lane appeared before the Board in opposition. A motion was made by Mr. Martin, seconded by Mr. Schmidt to approve the variance with the 23 conditions as amended (Amended condition #7, #13, #14 and added condition 23). AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 2: NEW BUSINESS PROPERTY OWNER: THOMAS SQUIRES PROPERTY ADDRESS: 421 WOLFS NECK TRAIL Description: Thomas Squires – 421 Wolfs Neck Trail – GPIN: 1497-67-3025 Beach District AGENT: Richard Bartlett, Professional Construction Consultants BOARD ACTION: APPROVED WITH THE 10 CONDITIONS ON OCTOBER 28, 2013



2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

3. If necessary, 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. If necessary, 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.

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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. 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.



the site plan prepared by Professional Construction Consultants dated September 5, 2013 and sealed September 5, 2013 by Richard Bartlett.

9. Buffer restoration shall be installed equal to 200% of the proposed new

impervious cover within the RPA (160 sq. ft. x 200% = 320 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. Said buffer restoration shall be noted on the approved site plan and will be verified in the field by Civil Inspections.

10. Buffer restoration shall be installed equal to 100% of the proposed area of

redevelopment within the RPA (25 sq. ft. x 100% = 25 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian

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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. Said buffer restoration shall be noted on the approved site plan and will be verified in the field by Civil Inspections.

Richard Bartlett, P.E. of Professional Construction 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. Schmidt, seconded by Mr. Martin to approve the variance request with the 10 conditions listed above. AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 3: NEW BUSINESS: PROPERTY OWNER: CHRISTOPHER MUELLER PROPERTY ADDRESS: 4179 EWELL ROAD Description: Christopher Mueller – 4179 Ewell Road – GPIN 1479-80-5153 Bayside District AGENT: Richard Bartlett, Professional Construction Consultants BOARD ACTION: DEFERRED FOR 30 DAYS ON OCTOBER 28, 2013 UNTIL THE NOVEMBER 25, 2013 PUBLIC HEARING Richard Bartlett, P.E. of Professional Construction Consultants appeared before the Board representing the applicant. The applicant requested that the application be deferred for 30 days. There was no opposition present. A motion was made by Mr. Schmidt, seconded by Mr. Fulton to defer the variance request for 30 days until the November 25, 2013 public hearing. AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 4: NEW BUSINESS PROPERTY OWNER: E L CREECH, III PROPERTY ADDRESS: 1209 KITTIWAKE COURT Description: E L Creech, III – 1209 Kittiwake Court – GPIN 2418-42-2827 Lynnhaven District AGENT: Eddie Bourdon, Sykes, Bourdon, Ahern & Levy BOARD ACTION: APPROVED WITH 17 CONDITIONS ON OCTOBER 28, 2013




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.


any permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and

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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 structural

improvements. 7. The construction access way shall be noted on the site plan, as well as

the stockpile / staging area. 8. Within the RPA, exclusive of limits of construction, areas of existing


9. A separate landscape / buffer restoration plan shall be submitted

concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones.

10. A revised site plan shall be submitted to the Department of Planning,

Development Services Center for review and approval prior to the issuance of a building permit.



the site plan prepared by Gallup Surveyors and Engineers dated August 28, 2013 and sealed August 28, 2013 by Bruce Gallup.

12. The proposed fill material shall have the maximum permeability

characteristics, i.e. start with an open-graded coarse sand material and proportionately mix in topsoil that will likely contain anywhere from 30% to 50% soil fines (sandy loam, loamy sand) to achieve the desired ratio of sand and fines. An additional 3% to 5% organic matter can then be added.

13. 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.

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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 $767.25 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 837 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

15. Buffer restoration installed for the proposed new impervious cover within the RPA shall be in substantial compliance with the schematic landscape plan prepared by J. Nelson Landscape Architect dated October 22, 2013. The required restoration (approximately 6,842 sq. ft.) shall achieve the complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with said schematic landscape plan. 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 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.

16. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (3,077 sq. ft. x 100% = 3,077 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.

17. It is the opinion of the Board that the approval granted is the maximum

impervious cover the site can support.

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Eddie Bourdon, Attorney with Sykes, Bourdon, Ahern & Levy appeared before the Board representing the applicant. There was no opposition present. A motion was made by Mr. McNulty, seconded by Mrs. Evans-Cox to approve the variance with the 17 conditions as amended (Amended condition 16). AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 5: NEW BUSINESS PROPERTY OWNER: HUGH FARD PROPERTY ADDRESS: 1325 FIVE POINTS ROAD Description: Hugh Fard – 1325 Five Points Road – GPIN 1498-67-8473 Lynnhaven District AGENT: Stephen Blevins, Blakeway Corporation BOARD ACTION: APPROVED WITH 23 CONDITIONS ON OCTOBER 28, 2013










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7. The construction access way shall be noted on the site plan, as well as

the stockpile / staging area. 8. If and when the shoreline is rehardened, a rip-rap revetment shall be

constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment.

9. The pool shall be constructed prior to or concurrent with the residence.

10. Under deck treatment of sand and gravel shall be installed.









the site plan prepared by Blakeway Corp dated September 5, 2013 and sealed October 21, 2013 by Stephen Blevins.

15. The impervious cover of the lot shall not exceed 30 percent. 16. The proposed pool, pool decking, terraces, and boat house along the rear

portion of the principal structure shall not extend below the top of bank.

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17. All improvements shall be built into the slope with no perimeter fill authorized.

18. 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.

19. The proposed walkways, exclusive of the walkway to the front door shall

be constructed of organic material (mulch), a maximum of 4 feet in width, with stepping stones not to exceed 50% of the path area.

20. **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 $1,570.24 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 1,713 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.


impervious cover within the RPA (6,855 sq. ft. x 200% = 13,710 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.


redevelopment within the RPA (2,599 sq. ft. x 100% = 2,599 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.

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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.



Stephen Blevins of Blakeway Corporation appeared before the Board representing the applicant. There was no opposition present. A motion was made by Mr. Martin, seconded by Mr. Fulton to approve the variance with the 23 conditions as amended (amended conditions 15 and 16). AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 6: NEW BUSINESS PROPERTY OWNER: DR. JEFFREY LEIDY PROPERTY ADDRESS: 1301 FIRST COLONIAL ROAD Description: Dr. Jeffrey Leidy – 1301 First Colonial Road – GPIN 2408-45-6236 Lynnhaven District AGENT: Douglas Yeates, Blakeway Corporation BOARD ACTION: APPROVED WITH 17 CONDITIONS ON OCTOBER 28, 2013










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6. Construction limits shall lie as shown on Sheet C200 of the CBPA exhibit.


the stockpile / staging area. 8. A separate landscape / buffer restoration plan shall be submitted






the site plan prepared by Blakeway Corp dated August 30, 2013 and sealed August 30, 2013 by Stephan Blevins.

11. All areas outside limits of construction within the first 100 foot buffer 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. In addition, within the RPA and RMA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed.

12. The seaward slope of fill beyond the parking lot shall be at a 3 to 1 or greater ratio. The proposed fill material shall have the maximum permeability characteristics, i.e. start with an open-graded coarse sand material and proportionately mix in topsoil that will likely contain anywhere from 30% to 50% soil fines (sandy loam, loamy sand) to achieve the desired ratio of sand and fines. An additional 3% to 5% organic matter can then be added.

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13. Where areas to be preserved (i.e. outside of the limits of construction) are encroached upon beyond that identified on the site plan, replacement of existing trees and other vegetation shall be achieved at a ratio of three (3) to one (1) for vegetation removed.


Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $1,275.08 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 1,391 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

15. Buffer restoration shall be in substantial compliance with the schematic landscape plan prepared by Kathleen Zeren Landscape Design dated August 30, 2013. The required restoration shall achieve the complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with said schematic landscape plan. 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 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.



17. This variance supersedes the previously approved variance granted May 22, 2000.

Douglas Yeates of Blakeway Corporation appeared before the Board representing the applicant. There was no opposition present. A motion was made by Mr. Martin, seconded by Mr. Poole to approve the variance with the 17 conditions as amended (amended conditions 6 and 12).

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AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 7: NEW BUSINESS PROPERTY OWNER: MICHAEL AND KATHERINE RYAN PROPERTY ADDRESS: 2249 HAVERSHAM CLOSE Description: Michael and Katherine Ryan – 2249 Haversham Close GPIN: 1499-95-1715 - Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH THE 16 CONDITIONS ON OCTOBER 28, 2013










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the stockpile / staging area.


9. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed.

10. Where mature trees exist adjacent to tidal waters, the select removal of

lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh.







the site plan prepared by WP Large dated July 15, 2013 and sealed September 5, 2013 by William Pritchard.


Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $102.66 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 112 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

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15. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (448 sq. ft. x 200% = 896 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.


redevelopment within the RPA (686 sq. ft. x 100% = 686 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.

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. Poole, seconded by Mrs. Evans-Cox to approve the variance request with the 16 conditions listed above.

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AYE 7 NO 0 ABSTAIN 1 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT ABSTAIN SMITH AYE SOBOTA ABSENT

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CASE 8: NEW BUSINESS PROPERTY OWNER: SALVATOR CUCE AND WILLIAM ABSHER PROPERTY ADDRESS: 1860 SOUTH WOODSIDE LANE Description: Salvator Cuce and William Absher – 1860 South Woodside Lane GPIN 1499-24-4764 – Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultant BOARD ACTION: APPROVED WITH 23 CONDITIONS ON OCTOBER 28, 2013










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6. Construction limits shall lie a maximum of 10' outboard of improvements. 7. The construction access way shall be noted on the site plan, as well as

the stockpile / staging area. 8. If and when the shoreline is hardened, a rip-rap revetment or living

shoreline 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.










the post development impervious cover amount provided on the site plan prepared by WP Large dated March 29, 2013 and sealed September 5, 2013 by Eric Garner.

14. The maximum impervious cover of the lot, inclusive of proposed improvements, shall not exceed 5,749 sq. feet.

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15. All proposed impervious cover, exclusive of the redeveloped retaining wall, shall lie a minimum of 5 feet landward of the top of bank feature.

16. 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.

17. 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.

18. All improvements shall be built into the existing slopes with no perimeter

fill authorized. 19. **As offered by the applicant, payment shall be made to the Lynnhaven

Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $739.74 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 807 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.


impervious cover within the RPA (3,230 sq. ft. x 200% = 6,460 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.


redevelopment within the RPA (2,519 sq. ft. x 100% = 2,519 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian

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Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be located within the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4” – 6” in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP.

22. This variance will supersede all prior variances. 23. It is the opinion of the Board that the approval granted is the maximum


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. Martin, seconded by Mr. Schmidt to approve the variance request with the 23 conditions as amended (Amended conditions 15 and 22). AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON AYE LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA ABSENT

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CASE 9: SHOW CAUSE HEARING PROPERTY OWNER: ANTHONY AND THUYVAN PHAM PROPERTY ADDRESS: 2976 BUCCANEER ROAD Description: Anthony and Thuyvan Pham – 2976 Buccaneer Road BOARD ACTION: SHOW CAUSE HEARING HELD ~ VIOLATION FOUND – IMPOSED A CIVIL CHARGE – RESTORATION HEARING ORDER SET FOR DECEMBER 20, 2013 Thuyvan Pham and a lady (in audible) as an interpreter appeared before the Board. Mike McIntyre of Permits and Inspections appeared before the Board to make commentary. There was no opposition present. A motion was made by Mrs. Evans-Cox, seconded by Mr. Martin to find a violation with the environmental impact being low and the degree of deviation being high. A civil charge of $5,000 was imposed and a restoration hearing order set for December 20, 2013. Mr. Fulton had left the meeting prior to the case. AYE 8 NO 0 ABSTAIN 0 ABSENT 1 EVANS-COX AYE FULTON ABSENT LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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CASE 10:

SHOW CAUSE HEARING PROPERTY OWNER: STEPHAN ALLEN PROPERTY ADDRESS: 3109 BASIN ROAD Description: Stephan Allen – 3109 Basin Road BOARD ACTION: SHOW CAUSE HEARING HELD ~ VIOLATION FOUND – IMPOSED A CIVIL CHARGE – RESTORATION HEARING ORDER SET FOR DECEMBER 20, 2013 Stephan Allen and a gentleman (friend of applicant) appeared before the Board. Mike McIntyre of Permits and Inspections appeared before the Board to make commentary. There was no opposition present. A motion was made by Mrs. Evans-Cox, seconded by Mr. Sobota to find a violation with the environmental impact being low and the degree of deviation being medium. A civil charge of $2,000 was imposed and a restoration hearing order set for December 20, 2013. A substitute motion was made by Mr. McNulty to amend the civil charge to $1,000, seconded by Mr. Schmidt and a restoration hearing order set for December 20, 2013. Mr. Fulton had left the meeting prior to the case. AYE 5 NO 3 ABSTAIN 0 ABSENT 1 EVANS-COX NO FULTON ABSENT LEVINSON AYE MARTIN AYE MCNULTY AYE POOLE NO SCHMIDT AYE SMITH AYE SOBOTA NO

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CASE 11:

SHOW CAUSE HEARING PROPERTY OWNER: JAMES AND BARBARA DAVIS PROPERTY ADDRESS: 1308 PENGUIN CIRCLE Description: James and Barbara Davis – 1308 Penguin Circle BOARD ACTION: SHOW CAUSE HEARING HELD ~ VIOLATION FOUND – NOT IMPOSED A CIVIL CHARGE – RESTORATION HEARING ORDER SET FOR DECEMBER 20, 2013 Barbara Davis and her son-in-law appeared before the Board. Mike McIntyre of Permits and Inspections appeared before the Board to make commentary. There was no opposition present. A motion was made by Mrs. Evans-Cox, seconded by Mr. Schmidt to find a violation with the environmental impact being low and the degree of deviation being low. No civil charge was imposed and a restoration hearing order set for December 20, 2013. Mr. Fulton had left the meeting prior to the case. Mr. McNulty had left the meeting prior to the motion. AYE 7 NO 0 ABSTAIN 0 ABSENT 2 EVANS-COX AYE FULTON ABSENT LEVINSON AYE MARTIN AYE MCNULTY ABSENT POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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CASE 12:

SHOW CAUSE HEARING PROPERTY OWNER: SCOTT SAMTER PROPERTY ADDRESS: 656 PINEY POINT ROAD Description: Scott Samter – 656 Piney Point Road BOARD ACTION: SHOW CAUSE HEARING HELD ~ VIOLATION FOUND – IMPOSED A CIVIL CHARGE – RESTORATION HEARING ORDER SET FOR DECEMBER 20, 2013 Eddie Bourdon of Sykes, Bourdon, Ahern and Levy appeared before the Board representing the applicant. Mike McIntyre of Permits and Inspections appeared before the Board to make commentary. Brandon DeForest of DeForest Tree Service and Nick Leason appeared before the Board to make commentary. There was no opposition present. A motion was made by Mr. Schmidt, seconded by Mr. Martin to find a violation with the environmental impact being medium and the degree of deviation being low. A civil charge of $1,500 was imposed and a restoration hearing order set for December 20, 2013. Mr. Fulton had left the meeting prior to the case. Mr. McNulty had left the meeting prior to the case.

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AYE 7 NO 0 ABSTAIN 0 ABSENT 2 EVANS-COX AYE FULTON ABSENT LEVINSON AYE MARTIN AYE MCNULTY ABSENT POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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CASE 13:

SHOW CAUSE HEARING PROPERTY OWNER: BRANDON DEFOREST (DEFOREST TREE

SERVICE) PROPERTY ADDRESS: 656 PINEY POINT ROAD Description: Brandon DeForest (DeForest Tree Service) – 656 Piney Point Road BOARD ACTION: SHOW CAUSE HEARING HELD ~ VIOLATION FOUND – IMPOSED A CIVIL CHARGE Brandon DeForest of Deforest Tree Service and Nick Leason appeared before the Board. Mike McIntyre of Permits and Inspections appeared before the Board to make commentary. There was no opposition present. A motion was made by Mr. Schmidt, seconded by Mr. Martin to find a violation with the environmental impact being medium and the degree of deviation being low. A civil charge of $1,500 was imposed. A substitute motion was made by Mr. Poole to decrease the amount of the civil imposed to $500, seconded by Mr. Smith. Mr. Fulton had left the meeting prior to the case. Mr. McNulty had left the meeting prior to the case.

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AYE 6 NO 1 ABSTAIN 0 ABSENT 2 EVANS-COX NO FULTON ABSENT LEVINSON AYE MARTIN AYE MCNULTY ABSENT POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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CASE 14:

SHOW CAUSE HEARING PROPERTY OWNER: RONALD TESNOW PROPERTY ADDRESS: 2912 BREEZY ROAD Description: Ronald Tesnow –2912 Breezy Road BOARD ACTION: SHOW CAUSE HEARING HELD ~ VIOLATION FOUND – IMPOSED A CIVIL CHARGE – RESTORATION HEARING ORDER SET FOR NOVEMBER 25, 2013 Ronald Tesnow and Billy Garrington of Governmental Permitting Consultants appeared before the Board. Mike McIntyre of Permits and Inspections appeared before the Board to make commentary. There was no opposition present. A motion was made by Mr. Martin, seconded by Mr. Poole to find a violation with the environmental impact being low and the degree of deviation being medium. A civil charge of $2,000 was imposed and a restoration hearing order set for November 25, 2013. A substitute motion was made by Mr. Sobota to amend the relative degree of deviation to high and increase the civil charge imposed to $5,000. The motion failed for a lack of a second. The original motion was voted on. Mr. Fulton had left the meeting prior to the case. Mr. McNulty had left the meeting prior to the case. Mr. Schmidt left the meeting prior to the case. Mr. Smith left the meeting prior to the motion.

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AYE 4 NO 1 ABSTAIN 0 ABSENT 4 EVANS-COX AYE FULTON ABSENT LEVINSON AYE MARTIN AYE MCNULTY ABSENT POOLE AYE SCHMIDT ABSENT SMITH ABSENT SOBOTA NO

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MINUTES CHESAPEAKE BAY PRESERVATION AREA BOARD … · Municipal Center, on Monday, October 28, 2013. A motion was made by Mr. McNulty and seconded by Mr. Poole to approve the September