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MINUTES CHESAPEAKE BAY PRESERVATION AREA BOARD

VIRGINIA BEACH, VIRGINIA AUGUST 25, 2014

Chair Mrs. Evans-Cox, called to order the Chesapeake Bay Preservation Area Board meeting in the City Council Chambers, City Hall Building, Virginia Beach Municipal Center, on Monday, August 25, 2014. A motion was made by Mr. Schmidt and seconded by Mr. Fulton to approve the July 28, 2014 minutes. This vote also serves as the official roll call for this meeting. All members were present except Mr. McNulty. BOARD ACTION: APPROVED JULY 28, 2014 MINUTES ON AUGUST 25, 2014. AYE 8 NO 0 ABSTAIN 0 ABSENT 1 DAVENPORT AYE EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY ABSENT POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE Board Members Present: Benjamin Davenport, Jeanne Evans-Cox, Dudley Fulton, David Jester, Richard Poole, Paul Schmidt, Reese Smith, and Dennis Sobota.

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CASE 1: OLD BUSINESS PROPERTY OWNER: BEST FAMILY REVOCABLE LIVING TRUST PROPERTY ADDRESS: POINCIANA DRIVE Description: Best Family Revocable Living Trust – Poinciana Drive GPIN: 1499-59-2209 – Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH 21 CONDITIONS ON AUGUST 25, 2014 Standard Site 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 10 feet from proposed improvements.

5. Construction limits shall lie a maximum of 10' 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. Prior to clearing, grading, demolition or construction, suitable protective barriers,

such as safety fencing, shall be erected outside of the dripline (to the greatest

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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.

7. For all areas 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.

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.

Site Specific Conditions: 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. The proffered permeable paver driveway and rainwater harvesting of the proposed

structure shall be installed regardless of compliance with the requirements set forth within the Code of Ordinances, Appendix D – Stormwater Management.

13. Due to the limited lot size above water, marsh, & wetlands the remainder of the lot

shall be devoted to buffer restoration. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (2,027 sq. ft. x 200% = 4,054 sq. ft.) and shall achieve the full complement of vegetation. The required restoration shall be located in the Resource Protection Area, and plant quantities utilized to infill the existing vegetated buffer in areas devoid of understory vegetation. 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. Trees shall not be planted within 15

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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.

14. No perimeter fill is authorized outboard or seaward of the proposed improvements.

15. Revised site plan shall identify a contractor parking area during the construction of

the residence. There shall be no contractor parking outboard of the limits of construction. Revise the sequence of events for construction accordingly.

16. On-grade impervious cover, exclusive of the open-pile residence shall not exceed

459 square feet. This square footage is to account for 2 off-street parking spaces, decks, steps, and walkway.

17. A walled structure storage area under the open-pile residence shall be limited to

350 square feet. Said storage area shall be 350 square feet and not located along the outer building piles.

18. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster

Heritage Program concurrent with site plan approval. Payment shall be in the amount of $463.83 and is based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 506 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

19. It is the opinion of the Board that the approval granted is the maximum impervious

cover the site can support. 20. The conditions and approval associated with this variance are based on the exhibit

plan dated March 26, 2014, prepared by WP Large, signed August 7, 2014 by Eric Garner. Deviation from said exhibit plan may require re-submittal for Board consideration.

21. The homeowner will place permeable pavers in the City right-of-way to the extent allowed by the City.

Billy Garrington of Governmental Permitting Consultants appeared before the Board representing the applicant. Karen Forget, Director of Lynnhaven River appeared before the Board in opposition. A motion was made by Mr. Schmidt, seconded by Mr. Poole to approve the variance with the 21 conditions as amended (added condition 21).

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

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CASE 2: OLD BUSINESS PROPERTY OWNER: DAVID AND BEVERLEY SCHROY PROPERTY ADDRESS: 2109 WEST KENDALL CIRCLE Description: David and Beverley Schroy – 2109 West Kendall Circle GPIN: 1499-79-0834 – Lynnhaven District AGENT: David and Beverley Schroy Mike Nestor and Eva Dailey BOARD ACTION: APPROVED WITH 21 CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:


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.





5. 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.



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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.


Code of Ordinances, Appendix D – Stormwater Management. 12. Buffer restoration shall be installed at 2,500 square feet 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. 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

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plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit.

13. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (775 sq. ft. x 100% = 775 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. 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. 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 redeveloped areas, a 10% reduction in pollutant removal load is acceptable via a structural best management practices (BMP).

14. Remove and dispose of, in a lawful manor, the concrete adjacent to the moveable shed and those portions extending seaward – approximately 320 square feet. Said area shall be stabilized and restored with buffer restoration.

15. Gravel downspout intercepts and/or gravel dripline intercepts shall be provided as a

means of erosion and sediment control for stormwater run-off from the proposed improvements.




cover the site can support. 18. Upon granting of a variance, a revised site plan shall be submitted to the

Department of Planning, Development Services Center for review and approval within 60 days from the date of this hearing. Once the plans have been approved, CBPA / CIVIL permit must be obtained within 30 days. All required restoration must be installed or in the process of installation within 45 days after issuance of the building permit. Failure to comply with this condition may result in a show

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cause hearing. 19. 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.

20. The existing concrete driveway (up to the existing shed) and proposed concrete driveway additions shall be replaced with permeable pavers. Said pavers are to provide for 40 percent effectiveness.

21. With the use of permeable pavers for the proposed driveway improvements the

trench drain will not be required. David and Beverley Schroy, owners appeared before the Board. Mike Nestor and Eva Dailey, contractor appeared before the Board to make commentary. There was no opposition present. A motion was made by Mr. Poole, seconded by Mr. Fulton to approve the variance with the 21 conditions as amended (added condition 20 and 21). Mr. Davenport left the meeting prior to the case. AYE 5 NO 2 ABSTAIN 0 ABSENT 2 DAVENPORT ABSENT EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY ABSENT POOLE AYE SCHMIDT NO SMITH AYE SOBOTA NO

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CASE 3: NEW BUSINESS PROPERTY OWNER: JACKSON ANDREWS PROPERTY ADDRESS: 1512 OLD BAY COURT Description: Jackson Andrews – 1512 Old Bay Court GPIN: 2408-85-1172 - Lynnhaven District AGENT: Bob Kellam, Kellam Gerwitz BOARD ACTION: APPROVED WITH THE 17 CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:








5. Construction limits shall lie a maximum of 15' 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.



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Site Specific Conditions: 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



Code of Ordinances, Appendix D – Stormwater Management.

12. All proposed impervious cover shall remain landward of the top of bank. 13. Buffer restoration shall be installed equal to 200% of the proposed new impervious

cover outboard of the approved building envelop (1,350 sq. ft. x 200% = 2,700 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. 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

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flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit.

14. No perimeter fill is authorized outboard or seaward of the proposed improvements. 15. This variance and associated conditions will supersede the conditions of the Board

variance granted November 17, 1992. 16. The conditions and approval associated with this variance are based on the exhibit

plan Kellam Gerwitz for the modification to the buildable envelop.

17. **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 $1,454.74 and is based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 1,587 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

No one appeared before the Board. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. Fulton, seconded by Mr. Schmidt to approve the variance request with the 17 conditions as amended (added condition 17). AYE 8 NO 0 ABSTAIN 0 ABSENT 1 DAVENPORT AYE EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY ABSENT POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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CASE 4: NEW BUSINESS PROPERTY OWNER: CHARLES AND DAWNA WILLIAMS PROPERTY ADDRESS: 3065 LYNNDALE ROAD Description: Charles and Dawna Williams – 3065 Lynndale Road GPIN: 1498-18-6201 - Lynnhaven District AGENT: Charles Williams BOARD ACTION: APPROVED WITH THE 8 CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:



use or development. 3. The construction access way, staging area, stockpiling area and contractor parking

area shall be noted on the CBPA exhibit. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface.

4. If necessary, 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 feet from proposed improvements.



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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.

Site Specific Conditions: 7. Buffer restoration shall be installed equal to 200% of the proposed new impervious

cover within the RPA (438 sq. ft. x 200% = 876 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. 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.

8. The conditions and approval associated with this variance are based on the exhibit


No one appeared before the Board. There was no opposition present. As an item of the consent agenda, a motion was made by Mr. Fulton, seconded by Mr. Schmidt to approve the variance request with the 8 conditions listed above.

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

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CASE 5: NEW BUSINESS PROPERTY OWNER: CARLA STONER TRUST PROPERTY ADDRESS: 500 58TH STREET Description: Carla Stoner Trust – 500 58th Street GPIN: 2419-60-3496 – Lynnhaven District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH 18 CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:






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 10 feet from proposed improvements.

5. 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.


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

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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.








11. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D – Stormwater Management.

12. The conditions of the existing Chesapeake Bay Preservation Area (CBPA) variance,

specifically the required buffer restoration and stormwater management facilities shall be documented on the revised site plan. Documentation shall describe the health and functionality of said requirements. Prior restoration requirements shall be installed if not present.

13. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (1,446 sq. ft. x 200% = 2,892 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

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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.

14. No perimeter fill is authorized outboard or seaward of the proposed improvements. 15. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster



cover the site can support. 17. This variance and associated conditions will supersede the conditions of the Board

variance granted October 25, 2004. 18. The conditions and approval associated with this variance are based on the exhibit

plan dated July 3, 2014, prepared by Siska Aurand Landscape Architects, signed July 3, 2014 by C. Douglas Aurand. Deviation from said exhibit plan 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. A motion was made by Mr. Smith, seconded by Mr. Fulton to approve the variance with the 18 conditions listed above. AYE 6 NO 2 ABSTAIN 0 ABSENT 1 DAVENPORT AYE EVANS-COX NO FULTON AYE JESTER AYE MCNULTY ABSENT POOLE AYE SCHMIDT NO SMITH AYE SOBOTA AYE

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CASE 6: NEW BUSINESS PROPERTY OWNER: JB DESIGN AND REMODELING, INC. PROPERTY ADDRESS: 4344 WISHART ROAD Description: JB Design and Remodeling, Inc. – 4344 Wishart Road GPIN: 1478-87-2133 – Bayside District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH 25 CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:






4. 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 in accordance with a field alignment to be determined at the pre-construction meeting. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies.

5. Construction limits shall be in accordance with a field alignment to be determined at

the pre-construction meeting. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf

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litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed.


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.









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 (to be determined at site plan view) 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, and plant quantities utilized to infill the existing vegetated buffer in areas devoid of understory vegetation. 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%

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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.

13. All proposed improvements shall be 5 feet from the top of bank feature.

14. The portion of proposed pool patio located east of the proposed lanai shall be eliminated. A 4 foot wide walk shall be permitted adjacent to the proposed pool for said area –or- a 20 percent reduction in the overall scope of the proposed swimming pool and patio provided.

15. The applicant shall provide a sequence of events schedule, which shall address all onsite components with the excavation, construction accessway, use of equipment, etc.

16. If approved, the contractor or homeowner shall provide staff with updates on the site

conditions, specifically the maintenance of the limits of construction every 15 working days until the project is completed. Please contact the Planning Department, Environment and Sustainability Office at (757) 385-8598 to coordinate.

17. All proposed improvements shall be constructed concurrent. 18. No perimeter fill is authorized outboard or seaward of the proposed improvements.



20. **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 amount required. Said amount is based on 25% of the proposed impervious cover. Said payment shall provide for a 12-inch deep oyster shell plant within the Lynnhaven River Basin.


cover the site can support. 22. The conditions and approval associated with this variance are based on the exhibit

plan dated June 27, 2014, prepared by Gallup Surveyors and Engineers, signed July 5, 2014 by Bruce Gallup. Deviation from said exhibit plan may require re-submittal for Board consideration.

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23. If and when the shoreline is hardened, a living shoreline, were applicable shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead) or rip-rap revetment. Said condition shall be so noted on the site plan.

24. The existing septic system shall be abandoned, pumped and filled with sand. 25. Relocate the proposed generator pad and proposed pool equipment pad to be

adjacent to the north side of the existing structure. Billy Garrington of Governmental Permitting Consultants appeared before the Board representing the applicant. Karen Forget, Director of Lynnhaven River appeared before the Board in opposition. A motion was made by Mr. Fulton, seconded by Mr. Jester to approve the variance with the 25 conditions as amended (added conditions 23, 24 and 25). AYE 8 NO 0 ABSTAIN 0 ABSENT 1 DAVENPORT AYE EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY ABSENT POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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CASE 7: NEW BUSINESS PROPERTY OWNER: BRIAN AND ELAINE THOMAS PROPERTY ADDRESS: 4312 CALVERTON LANE Description: Brian and Elaine Thomas – 4312 Calverton Lane GPIN: 1478-88-3387- Bayside District AGENT: Billy Garrington, Governmental Permitting Consultants BOARD ACTION: APPROVED WITH THE 21CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:








5. Construction limits shall lie a maximum of 10' 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.



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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 landscape / buffer

restoration plan. Said plan shall detail 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. Buffer restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers and be applied to areas devoid of a forest layer(s) ((i.e. canopy layer, understory tree layer, understory shrub layer (large to small), herbaceous layer, etc.)). The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4” – 6” in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit.


Code of Ordinances, Appendix D – Stormwater Management.

12. The proposed walkways 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.

13. The pool shape, size, and location shall be as shown on the submitted exhibit/site

plan.

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14. The pool shall be constructed prior to or concurrent with the residence. 15. No perimeter fill is authorized outboard or seaward of the proposed improvements.




Heritage Program concurrent with site plan approval. Payment shall be in the amount of $1,155.91 and is based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 1,261 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

18. 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. 19. It is the opinion of the Board that the approval granted is the maximum impervious

cover the site can support. 20. This variance and associated conditions will supersede the conditions of the Board

variance granted May 22, 2014. 21. The conditions and approval associated with this variance are based on the exhibit

plan dated February 19 and April 4, 2014 and revised May 14, 2014, prepared by John E. Sirine and Associates, signed July 2, 2014 by Kenton B. Patrick. Deviation from said exhibit plan 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. Fulton, seconded by Mr. Schmidt to approve the variance request with the 21 conditions listed above.

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

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CASE 8: NEW BUSINESS: PROPERTY OWNER: LEONARD AND SEPTEMBER GABBERT PROPERTY ADDRESS: 1536 WOLFSNARE ROAD Description: Leonard and September Gabbert – 1536 Wolfsnare Road GPIN: 2418-01-3324 - Lynnhaven District AGENT: Leonard and September Gabbert Chris Carr, Contractor BOARD ACTION: DEFERRED FOR 30 DAYS ON AUGUST 25, 2014 UNTIL THE SEPTEMBER 22, 2014 PUBLIC HEARING No one appeared before the Board. There was no opposition present. A motion was made by Mr. Fulton, seconded by Mr. Schmidt to defer the variance request for 30 days until the September 22, 2014 public hearing. AYE 8 NO 0 ABSTAIN 0 ABSENT 1 DAVENPORT AYE EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY NO POOLE AYE SCHMIDT AYE SMITH AYE SOBOTA AYE

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Case 9: RESTORATION HEARING PROPERTY OWNER: DAVID AND BEVERLEY SCHROY PROPERTY ADDRESS: 2109 WEST KENDALL CIRCLE Description: David and Beverley Schroy – 2109 West Kendall Circle GPIN: 1499-79-0834 – Lynnhaven District AGENT: David and Beverley Schroy BOARD ACTION: APPROVED WITH 21 CONDITIONS ON AUGUST 25, 2014 Standard Site Conditions:


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.









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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.


Code of Ordinances, Appendix D – Stormwater Management. 12. Buffer restoration shall be installed at 2,500 square feet 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. 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

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plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit.

13. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (775 sq. ft. x 100% = 775 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. 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. 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 redeveloped areas, a 10% reduction in pollutant removal load is acceptable via a structural best management practices (BMP).

14. Remove and dispose of, in a lawful manor, the concrete adjacent to the moveable shed and those portions extending seaward – approximately 320 square feet. Said area shall be stabilized and restored with buffer restoration.






cover the site can support. 18. Upon granting of a variance, a revised site plan shall be submitted to the

Department of Planning, Development Services Center for review and approval within 60 days from the date of this hearing. Once the plans have been approved, CBPA / CIVIL permit must be obtained within 30 days. All required restoration must be installed or in the process of installation within 45 days after issuance of the building permit. Failure to comply with this condition may result in a show

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cause hearing. 19. The conditions and approval associated with this variance are based on the exhibit


20. The existing concrete driveway (up to the existing shed) and proposed concrete driveway additions shall be replaced with permeable pavers. Said pavers are to provide for 40 percent effectiveness.

21. With the use of permeable pavers for the proposed driveway improvements the trench drain will not be required.

David and Beverley Schroy, owners appeared before the Board. Mike Nestor and Eva Dailey, contractor appeared before the Board to make commentary. There was no opposition present. A motion was made by Mr. Poole, seconded by Mr. Fulton to approve the variance with the 21 conditions as amended (added condition 20 and 21). Mr. Davenport left the meeting prior to the case. AYE 5 NO 2 ABSTAIN 0 ABSENT 2 DAVENPORT ABSENT EVANS-COX AYE FULTON AYE JESTER AYE MCNULTY ABSENT POOLE AYE SCHMIDT NO SMITH AYE SOBOTA NO

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