CHESAPEAKE BAY PRESERVATION AREA BOARD ......New impervious cover within the RPA – 307 sq. ft. Post-development impervious area outside of the RPA is 12,502 sq. ft. (34.8%) History:

CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING

The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on Monday, September 23, 2013 at 10:00 a.m. in the City Council Chambers, Virginia Beach Municipal Center, Virginia Beach, Virginia. An informal session is held at 9:00 a.m. in the City Council Chambers at which time staff briefs the Board on agenda items. All interested persons are invited to attend. There is no opportunity for citizenry to speak at the briefing session; however, the public is invited to speak at the formal Public Hearing held at 10:00 a.m. in the City Council Chambers. Those members of the public interested in attending the public hearing should be advised that, for reasons the board deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed below will be exactly followed during the public hearing. Those members of the public interested in speaking in support or in opposition to an agenda item shall be limited to 3 minutes in which to address the board. At the discretion of the CBPA Board Chairman, this time may be increased to 5 minutes. Speakers will be electronically timed. The staff reviews of some or all of the items on this agenda and offer certain conditions for consideration by the Chesapeake Bay Preservation Area Board, in the event they should approve the application. However, it should not be assumed that those conditions constitute all the conditions that will ultimately be attached to the project. Staff agencies may impose further conditions and requirements during administration of applicable city ordinances. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Planning Department at 385-8598.

Richard Scarper – Planning Department

September 23, 2013 CBPA Agenda

TABLE OF CONTENTS

NEW BUSINESS:

1. JEFFREY KEETER........................................................................................................ 01 787 Oriole Dr 2. MICHAEL LEANZO, CARGIN LLC .............................................................................. 10 Crestline Dr

3. JUNE MYERS ................................................................................................................ 21 4006 Richardson Rd

4. BRENT & ANDREA DIGERONIMO ............................................................................... 32 412 Goodspeed Rd 5. TOM BROWN ................................................................................................................ 47 525 Susan Constant Dr

6. STEVE & LISA HENDERSON ....................................................................................... 57 1954 Woodside Ln 7. JB DESIGN & REMODELING, INC. .................................................................... 72 4344 Wishart Rd 8. HUB PROPERTIES TRUST ............................................................................... 80 448 Viking Dr RESTORATION HEARING: 9. BRENT & ANDREA DIGERONIMO ............................................................................... 96 412 Goodspeed Rd 10. LEE HORTON ..................................................................................................... 107 857 Saint James Dr 11. CHRIS SANDERS ............................................................................................... 114 1620 Duke of Windsor Rd

Revised Plans and Correspondences

Monday, October 28, 2013 Public Hearing: 30 day deferrals - Revised plans and any correspondence to be distributed to Board members for items to be heard at the above referenced Public Hearing are due in the Planning Department, Room 115 by:

5:00 p.m. Friday, September 27th, 2013.

Please provide the following:

• 15 copies of revised plans • 5 copies of the CBPA application • 5 copies of the Water Quality Impact Assessment (WQIA) • If any additional correspondences for distribution to Board members are

required than 15 copies of each correspondence must be provided.

Monday, November 25th, 2013 Public Hearing: 60 day deferrals - Revised plans and any correspondence to be distributed to Board members for items to be heard at the above referenced Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. Friday, November 1st, 2013. Please provide the following:

• 15 copies of revised plans • 5 copies of the CBPA application • 5 copies of the Water Quality Impact Assessment (WQIA) • If any additional correspondences for distribution to Board members are

required than 15 copies of each correspondence must be provided.

Chesapeake Bay Preservation Area Board September 23, 2013 Jeffrey Keeter

1. JEFFREY KEETER 787 Oriole Drive

Applicant’s agent: Jeffrey Keeter

Description: Jeffrey Keeter – 787 Oriole Drive

GPIN 2418511415 – Lynnhaven District

Proposed Development: Construction of:

• Greenhouse (After-The-Fact and BZA pending) Existing impervious cover of site – 307 sq. ft. or 0.9% Impervious cover of site within the RPA – 307 sq. ft. or 0.9% New impervious cover within the RPA – 307 sq. ft. Post-development impervious area outside of the RPA is 12,502 sq. ft. (34.8%) History: • Lot recorded – 3/1/56 M.B. 41, pg. 9 • Previous Board / Administrative Variances

On June 6, 2013 Planning Department staff reviewed a preliminary

project request for a proposed residence, detached garage, circular driveway and swimming pool. It was determined that the location of the proposed improvements (impervious surfaces) were located within the Resource Management Area (RMA). However, fill material was introduced within the variable width portion of the Resource Protection Area (RPA). Accordingly as a condition of approval staff recommended the greenhouse be relocated outside of the RPA feature.

Site Characteristics: • Watershed – Lynnhaven • Vacant lot with greenhouse

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• Stabilized with turf and other plantings • Sparsely wooded • Shoreline has not been hardened Land Disturbance: • Disturbance occurred within the landward portion of buffer Trees: • Trees removed – 0 • Restoration proposed – none shown Stormwater Management: • None shown Staff Comments: In 2005 the primary structure on the subject parcel was demolished. The applicant was not the property owner at that time. After receiving the correspondence from staff regarding the Preliminary Project Request (PPR), the applicant desired to retain the greenhouse. The applicant stated that the greenhouse is a permanent structure and cannot be moved. Staff remains of the opinion that the existing greenhouse should be relocated outside of the RPA feature.

The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-demolition meeting shall be held with the CBPA Inspector prior to any land

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

proposed use or development. 3. Wire re-enforced 36” erosion and sedimentation control measures (silt fences),

shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 5 ft. from existing improvements. Best management practices for erosion and sediment control shall be employed

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during restoration activities to protect adjacent wetlands and shorelines of water bodies.

4. Prior to demolition, suitable protective barriers, such as safety fencing, shall be

erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

5. Prior to the 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. Demolition limits shall lie a maximum of 5' outboard of improvements.

7. The demolition access way shall be noted on the site plan.

8. Within the RPA, exclusive of limits of demolition, 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.

Site Specific Conditions:

9. The conditions associated with this application are based on the site plan

prepared by John E. Sirine & Associates dated 4/9/2013 and sealed 4/9/2013 by Jeffrey D. Williams.

10. Remove / relocate the existing greenhouse landward of the Resource Protection Area (RPA) feature.

11. Coordinate the removal / relocation of the existing greenhouse with a revised site plan submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit.

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

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Chesapeake Bay Preservation Area Board September 23, 2013 Michael Leanzo, Cargin, LLC

2. MICHAEL LEANZO, CARGIN LLC N. Crestline Drive

Applicant’s agent: Billy Garrington, Governmental Permitting Consultant Description: Michael Leanzo, Cargin LLC – Crestline Drive GPIN 1457205010 – Kempsville District Proposed Development: Demolition of:

• Wood fence • Brick wall

Construction of:

• Free-standing brick wall with concrete footer New impervious cover within the RPA – 180 sq. ft. Development within the RMA –200 sq. ft. History: • Lot recorded – 12/14/54 M.B. 37, pg. 41 Site Characteristics: • Watershed – Elizabeth • Vacant lot • Stabilized with turf and other plantings • Sparsely wooded,

Existing trees within the Resource Management Area (RMA) have been removed.

• Shoreline hardened with failing bulkhead Land Disturbance:

• Disturbance within the seaward and landward portion of the buffer

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Trees: • Trees removed – 0 • Restoration proposed – 1 buffer unit (400 sq. ft.) Stormwater Management: • None shown Staff Comments: The applicant’s agent is in the process of submitting a Joint Permit Application (JPA) for the re-hardening of the shoreline to address the on-going erosion. Additional meetings may occur with staff to discuss the methods of hardening (i.e. riprap revetment, living shoreline, etc.). Staff is off the opinion that the proposed brick wall improvements and the landward limits of the shoreline re-hardening project need to be coordinated. The applicant’s agent has indicated that the terminus of the wall will be determined by the landward limits of the shoreline hardening project. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any

land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the

proposed use or development. 3. 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 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.

4. If necessary, prior to clearing, grading, demolition or construction, suitable

protective barriers, such as safety fencing, shall be erected outside of the dripline

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(to the greatest extent practicable) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

5. Prior to the issuance of any certificate of occupancy, or the final release of any

permit authorizing a land disturbing activity, all disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations by such methods as, but not limited to, temporary seeding, permanent seeding, sodding or soil stabilization blankets and matting. The Building Code Official may authorize a temporary certificate of occupancy without the required soil stabilization if the failure to stabilize is due to circumstances beyond the control of the permit holder.

6. Construction limits shall lie a maximum of 5' outboard of improvements.

7. Within the RPA, exclusive of limits of construction, areas of existing landscaped



8. 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.

9. Prior to the construction of the proposed free-standing brick walls said

improvements shall be coordinated with the landward limits of the shoreline re-hardening project.

10. 400 sq. ft. of buffer restoration shall be installed for the proposed new impervious

cover within the RPA (180 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 _____________________________________________________

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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.

11. The applicant shall address how stormwater will be discharged from the areas enclosed within the solid brick walls.

** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance.

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Chesapeake Bay Preservation Area Board September 23, 2013 June Myers

3. JUNE MYERS 4006 Richardson Road

Applicant’s agent: Billy Garrington, Governmental Permitting Consultant Description: June Myers – 4006 Richardson Road

GPIN 1488069968 – Bayside District Contract purchaser: Clinton and Lisa Moore

Proposed Development: Demolition of: (complete demolition of existing)

• Residence • Driveway and associated walks

Construction of:

• Residence with attached garage • Swimming pool • Driveway and associated walkways

Existing impervious cover of site – 14,730 sq. ft. or 20.8% Post construction impervious cover of site – 12,351 sq. ft. or 17.5% New impervious cover within the RPA – 6,362 sq. ft. Redeveloped impervious cover within the RPA – 4,960 sq. ft. Development within the RMA –1,029 sq. ft. History: • Lot recorded – 1/15/08 INST. #20080115000053590 • Previous Board / Administrative Variances

CBPA Board granted a variance September 22, 1997 for a three lot

subdivision. The conditions of approval were:

1. The improvement envelope for Lot C shall be equal in size to the amount of existing impervious area to be removed from the 50’ seaward portion of the buffer.

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2. The improvement envelope for Lot C shall be shown on the final

subdivision plat by metes and bounds.

3. All area below the top of bank shall remain in a natural state.

4. The preliminary subdivision plat shall reflect the terms of this variance request.

Site Characteristics: • Watershed – Lynnhaven • Single family residence and amenities • Stabilized with turf and other plantings • Moderately wooded • Shoreline has not been hardened Land Disturbance: • Disturbance within the seaward, landward and variable width portions of

the buffer Trees: • Trees removed – 17 • Restoration proposed:

- standard buffer restoration for new impervious cover - standard buffer restoration for redeveloped impervious cover or

substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration.

Stormwater Management: • Bioretention planting bed, stated within WQIA Staff Comments: The applicant has provided a reduction in impervious cover from that which exists and a landward retreat from the fifty foot seaward buffer. In addition, the area within the limits of construction and stockpile / staging area has a minimal amount of slope and is stabilized with turf. The following conditions are offered for Board consideration should the variance be approved:

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Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any



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 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.




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.

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9. The pool shape, size, and location shall be as shown on the submitted plan.

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



12. 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.

13. A separate landscape / buffer restoration plan shall be submitted concurrent with

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

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

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


15. The conditions and approval associated with this variance are based on the site

plan prepared by Hassell & Folkes; PC dated 7/17/13 and sealed 9/6/13 by Timothy Fallon.

16. **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 $1,457.49 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 1,590 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

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

impervious cover within the RPA (6,362 sq. ft. x 200% = 12,724 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 _____________________________________________________

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mulch layer of organic material 4” – 6” in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit.

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

redevelopment within the RPA (4,960 sq. ft. x 100% = 4,960 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.


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Chesapeake Bay Preservation Area Board September 23, 2013 Brent & Andrea Digeronimo

4. BRENT & ANDREA DIGERONIMO 412 Goodspeed Road

Applicant’s agent: Billy Garrington, Governmental Permitting Consultant Description: Brent & Andrea Digeronimo – 412 Goodspeed Road

GPIN 2419604865 – Lynnhaven District

Proposed Development: Demolition of:

• Concrete walkways • Concrete driveway (to have been removed with previous variance) • Front walkway with associated steps and concrete pad • Wood deck • Cabana • Shed • Swimming pool • Hot tub and associated wood deck • Pool equipment, HVAC units

Construction of:

• Concrete driveway expansion • Repair and replace existing concrete driveway • Concrete front walk and associated walls • Building addition (2 proposed) • Concrete patio • Paver walkway • Wood deck with associated retaining wall and fire pit • Swimming pool and hot tub • Pool house with pergola • Storage shed • Stepping stone walkway • Retaining wall

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Existing impervious cover of site – 9,783 sq. ft. or 49.7% Post construction impervious cover of site – 9,285 sq. ft. or 47.2% New impervious cover within the RPA – 1,397 sq. ft. Redeveloped impervious cover within the RPA – 2,648 sq. ft. Development within the RMA – 254 sq. ft. History: • Lot recorded – 1/6/60 M.B. 48, pg. 54 • Previous Board / Administrative Variances

CBPA Board granted a variance December 22, 2005. The conditions of approval were:

1. A pre-construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition.

2. Dual 36” erosion and sedimentation control measures (silt fences) shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established.

3. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction.

4. Permanent or temporary soil stabilization shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy.

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


stockpile staging area.

7. Stormwater from existing and proposed impervious cover shall be conveyed to stormwater management facilities

8. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be in the amount of $625.00 and is based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 682 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

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9. Buffer restoration totaling 4,634 sq. ft. shall be installed which is equal to 170% of the proposed impervious cover and shall utilize bayscape landscaping principles. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4” – 6” in depth. In addition to the aforementioned buffer restoration area, a minimum of 12 trees shall be installed and shall be comprised of 50% deciduous and 50% evergreen species. The trees shall be evenly distributed throughout the lot to the greatest extent practicable. Said restoration shall be installed prior to the issuance of the certificate of occupancy or final building inspection. Said condition shall be so noted on the site plan.

10. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing existing turf limits, location, number, and species of vegetation to be installed.

11. The conditions and approval associated with this variance are based on the site plan dated April 15, 2005, prepared by Waterfront Consulting, Inc.

12. The revised site plan shall address the grade differential between the rear of the proposed garage and existing earth berm.

13. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit.

Site Characteristics: • Watershed – Lynnhaven • Single family residence and amenities • Stabilized with turf and other plantings • Sparsely wooded • Shoreline hardened with bulkhead / rip rap revetment Land Disturbance: • Disturbance within the seaward, landward and variable width portion of the

buffer

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Trees: • Trees removed – 9 (6 palm trees, 1 dogwood (dying) 1 crapemyrtle and 1 ornamental tree) • Restoration proposed:

- 6,920 sq. ft. of which 4,634 sq. ft. is the amount of buffer restoration required by the variance granted December 22, 2005 additional providing 2,286 sq. ft. of buffer restoration.

Stormwater Management:

• Bioretention planting bed • Under deck treatment Staff Comments: The subject application retreats from portions of the fifty foot seaward buffer (elimination of driveway, deck reduction and pool reduction). The modifications that the applicants are proposing are to alleviate drainage issues, repair the damages due to the residence after being vacant for several years and correct poor construction practices. In addition the applicant plans to comply with the terms of the restoration order to remove the secondary driveway and install buffer restoration in excess of that required with the December 22, 2005 Board variance. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any




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

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

9. The pool shape, size, and location shall be as shown on the submitted plan.

10. The pool shall be constructed prior to or concurrent with all proposed

improvements. 11. Under deck treatment of sand and gravel shall be installed.




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. _____________________________________________________

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plan prepared by WP Large dated 7/30/2013 and sealed 9/04/2013 by Eric Garner.

16. Stormwater runoff from existing and proposed impervious cover shall be

conveyed to stormwater management facilities. Low maintenance best management practices shall be employed to the maximum extent practicable. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit.


Heritage Program concurrent with site plan approval. Payment shall be in the amount of $319.91 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 349 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

18. As proffered, buffer restoration totaling 6,920 sq. ft. shall be installed and shall

utilize bayscape landscaping principles. The required restoration shall be focused in areas currently devoted to turf and shall have a mulch layer of organic material 4” – 6” in depth. In addition to the aforementioned buffer restoration area, a minimum of 12 trees shall be installed and shall be comprised of 50% deciduous and 50% evergreen species. The trees shall be evenly distributed throughout the lot to the greatest extent practicable. Said restoration shall be installed prior to the issuance of the certificate of occupancy or final building inspection. Said condition shall be so noted on the site plan.

19. This variance supersedes all previous variances.

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

impervious cover the site can support. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of buffer restoration required, for new development within the Resource Protection

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Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance.

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Chesapeake Bay Preservation Area Board September 23, 2013 Tom Brown

5. TOM BROWN 525 Susan Constant Drive

Applicant’s agent: Billy Garrington, Governmental Permitting Consultant Description: Tom Brown – 525 Susan Constant Drive GPIN 2419415790 – Lynnhaven District

Contract purchaser: B.E Andrews Proposed Development: Demolition of:

• Free-standing brick wall Construction of:

• Swimming pool with concrete apron Existing impervious cover of site – 6,581 sq. ft. or 32.2% Post construction impervious cover of site – 6,879 sq. ft. or 33.7% New impervious cover within the RPA – 298 sq. ft. History: • Lot recorded – 6/3/68 M.B. 75, pg. 43 Site Characteristics: • Watershed – Lynnhaven • Single family residence and amenities • Stabilized with turf and other plantings • Moderately wooded • Shoreline hardened with bulkhead Land Disturbance: • Disturbance within seaward and landward portion of the buffer

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Trees: • Trees removed – 0 • Restoration proposed:

- standard buffer restoration for new impervious cover Stormwater Management: • Infiltration planting bed, stated within the WQIA Staff Comments: The subject proposal is not water dependent, does not constitute redevelopment and encroaches within the fifty foot seaward buffer. Accordingly, the subject proposal is not consistent with permitted development within the Resource Protection Area (RPA). It is recognized that the scope of improvements is minimal (small pool), however the proximity to the edge of water, post-impervious cover (34%) of the parcel coupled with existing site elevations places the project within the “realm of ill advised”. However, the following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any





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.





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








plan prepared by Hassell & Folkes; PC dated 9/06/13 and sealed 9/06/13 by Timothy Fallon.

12. Relocate the proposed swimming pool to an area of redevelopment (i.e. utilize a swim spa within the limits of the existing deck; redevelop the existing shed area and walkway, etc.). Ideally, there should be no increase in impervious cover.

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

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redevelopment within the RPA (300 sq. ft. x 100% = 300 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.

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

impervious cover the site can support.

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

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Chesapeake Bay Preservation Area Board September 23, 2013 Steve & Lisa Henderson

6. STEVE & LISA HENDERSON 1954 Woodside Lane

Applicant’s agent: Billy Garrington, Governmental Permitting Consultant Description: Steve & Lisa Henderson – 1954 Woodside Lane GPIN 1499268187 – Lynnhaven Proposed Development: Demolition of: (complete demolition of existing)

• Residence • Wood deck • Shed • Driveway and associated walks

Construction of:

• Residence with attached garage • Enclosed screen porch • Wood deck • Frame shed • Generator and HVAC pads • Circular concrete driveway • Retaining wall and steps

Existing impervious cover of site – 4,542 sq. ft. or 15% Post construction impervious cover of site – 8,024 sq. ft. or 26.5% New impervious cover within the RPA – 1,818.9 sq. ft. Redeveloped impervious cover within the RPA – 2,980.1 sq. ft. Development within the RMA –2,654 sq. ft. History: • Lot recorded – 12/29/51 D.B. 522, pg. 7

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• Previous Board / Administrative Variances

CBPA Board granted a variance December 22, 2005. The conditions of approval were: 1. A preconstruction meeting shall be convened with Civil Inspections prior to

any land disturbance, inclusive of demolition. 2. Dual 36” erosion and sedimentation control measures (silt fences) shall be

installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Additionally, a heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction.

3. Construction limits shall lie a maximum of 15' seaward of improvements. 4. The construction access way shall be noted on the site plan, as well as

the stockpile staging area. 5. All stormwater from proposed impervious cover shall be conveyed to

structural stormwater management facilities 6. If and when the shoreline is hardened, a rip-rap revetment shall be

constructed in lieu of a vertical retaining structure (timber or steel bulkhead). Said condition shall be so noted on the site plan.

7. Development shall lie no further than 10’ seaward of the existing block

retaining wall. If the project is redesigned to accommodate a pool and deck, the pool shall be constructed prior to or concurrent with the proposed residence and may need to employ a retaining wall along the seaward portion of the project.

8. Pool decking shall be a maximum of 4’X4’X4’X8’ (diving board end). 9. Under deck treatment of sand and gravel shall be installed. 10. The limits of the driveway shall be in substantial compliance with the

submitted site plan entitled Exhibit “A” dated April 26, 2004. 11. **As offered by the applicant, payment shall be made to the Lynnhaven

Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be in the amount of $2,782.00 and is based on 25% of the

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proposed impervious cover. Said payment shall provide for the equivalent of an approximate 3,305 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

12. Buffer restoration shall be installed equal to 100% of impervious cover or

a minimum of 12,141 sq. ft. and shall utilize bayscape landscaping principles. Said restoration shall be installed prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan.

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

concurrent with the site plan detailing location, number, and species of vegetation to be installed.

14. A minimum of twenty-five (25) trees shall be installed. 50% of the required

trees shall be evergreen – 50% shall be deciduous. 15. A revised site plan shall be submitted to the Department of Planning,


Site Characteristics: • Watershed – Lynnhaven • Single family residence and amenities • Stabilized with turf and other plantings • Sparsely wooded • Portions of shoreline hardened with brick and concrete rubble • Portion of shoreline has not been hardened Land Disturbance: • Disturbance within seaward, landward and variable width buffer Trees: • Trees removed – 1 • Restoration proposed: none shown Stormwater Management: • Bioretention planting bed • Under deck treatment

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Staff Comments: The subject application provides for a reduction in impervious cover from that which the Board granted with the April 26, 2004 variance. The post-development impervious cover of said variance was 12,141 sq. ft. or 36 percent. The subject application request an impervious cover of 8,024 sq. ft. or 26.5 percent. The subject application is requesting a modification to the conditions of the April 26, 2004 variance:

10. The limits of the driveway shall be in substantial compliance with the submitted

site plan entitled Exhibit “A” dated April 26, 2004. 12. Buffer restoration shall be installed equal to 100% of impervious cover or a

minimum of 12,141 sq. ft. and shall utilize bayscape landscaping principles. Said restoration shall be installed prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan.

14. A minimum of twenty-five (25) trees shall be installed. 50% of the required trees

shall be evergreen – 50% shall be deciduous. Assuming the Board desires to pursue a similar approach to the subject application, buffer restoration would be 8,024 sq. ft. (100% of proposed impervious cover) and approximately 19 trees installed. Conversely, if the current buffer restoration is deemed appropriate, approximately 3,636 square feet of buffer restoration (200% of the proposed new impervious cover) will apply. Current buffer restoration requirements would result in a net reduction of approximately 4,388 sq. ft. of restoration within the RPA. The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any



shall be installed along the seaward portion of the project prior to any land

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disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 15 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.







stockpile / staging area. 8. If and when the shoreline is hardened / rehardened, 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.

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





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plan prepared by Gallup Surveyors and Engineers dated 6/26/2013 and sealed 7/29/2013 by Bruce Gallup.

15. 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.


Heritage Program concurrent with site plan approval. Payment shall be in the amount of $416.16 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 454 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

17. *Buffer restoration shall be installed equal to 100% of impervious cover or a

minimum of 8,024 sq. ft. and shall utilize bayscape landscaping principles. Said restoration shall be installed prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan.

18. *A minimum of nineteen (19) trees shall be installed. 50% of the required trees

shall be evergreen – 50% shall be deciduous. 19. This variance supersedes all previous variances.

* The aforementioned conditions are not consistent with current ordinance requirements. ** NOTE: If provided as a condition, the amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. The square footage of

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buffer restoration required, for new development within the Resource Protection Area and square footage of redevelopment areas within the RPA may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance.

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Chesapeake Bay Preservation Area Board September 23, 2013 JB Design & Remodeling, Inc.

7. JB DESIGN & REMODELING 4344 Wishart Road

Applicant’s agent: Eddie Bourdon, Sykes, Bourdon, Ahern & Levy, P.C. Description: JB Design & Remodeling, Inc – 4344 Wishart Road

GPIN 1478769748 – Bayside District

Proposed Development: Demolition of:

• Gravel driveway Construction of:

• Subdivision of 1 lot to 3 single family residential lots (Building envelopes provided for future improvements)

• Existing frame shed • Retaining wall with associated fill • Culvert extension • Expansion of existing driveway

History: • Lot recorded – 5/28/26 M.B. 7, pg. 151

Site Characteristics: • Watershed – Lynnhaven • Vacant lot • Stabilized with turf and other plantings • Heavily wooded • Shoreline has not been hardened Land Disturbance: • Disturbance within the landward and variable width portion of the buffer

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Trees: • Trees removed – 33

Removal of trees is to accommodate driveways and is not inclusive of tree removal within the building envelopes.

• Restoration proposed: none shown Stormwater Management: • None shown Staff Comments: The applicant’s agent met with staff. Accordingly a 30 day deferral is in order to resolve police/fire access, driveway stormwater discharge and per lot percent impervious cover amounts, etc.

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Chesapeake Bay Preservation Area Board September 23, 2013 HUB Properties Trust

8. HUB Properties Trust 448 Viking Drive

Applicant’s agent: Eddie Bourdon, Sykes, Bourdon, Ahern & Levy, P.C.

Description: HUB Properties Trust – 448 Viking Drive GPIN 1496393647 – Beach District

Proposed Development: Construction of:

• Block wall with wood gates, 6’ height • Stone pad, #57 stone at 6” depth • Paver walkway • Raised concrete platforms for HVAC equipment

(4.5’ x 4.5’, 4 total and 5’ x 12’)

Existing impervious cover of site – 147,610 sq. ft. or 51.25% Post construction impervious cover of site – 148,524 sq. ft. or 54.56% New impervious cover within the RPA – 914 sq. ft. History: • Lot recorded – 7/17/81 M.B. 192, pg. 95 Site Characteristics: • Watershed – Lynnhaven • Commercial building with associated parking lot • Stabilized with turf and other plantings • Sparsely wooded • Shoreline has not been hardened Land Disturbance: • Disturbance within seaward and landward portion of the buffer

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Trees: • Trees removed – 0 • Restoration proposed:

- 1,338 sq. ft. of buffer restoration provided as mitigation for the proposed impervious cover.

Stormwater Management: • None shown Staff Comments: The proposed improvements are located in an area currently devoted to turf and mature forest floor. Staff is of the opinion that the location of the proposed improvements is best as situated given the environmental conditions of the site (i.e. mature riparian forest, stormwater management facility, RPA feature and access). The following conditions are offered for Board consideration should the variance be approved: Standard conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any





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.

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The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.





stockpile / staging area.

8. 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.









plan prepared by Gallup Surveyors and Engineers dated 8/12/2013 and sealed 8/28/2013 by David Butler.


Heritage Program concurrent with site plan approval. Payment shall be in the amount of $208.99 and is based on 25% of the proposed impervious cover within _____________________________________________________

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the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 228 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.

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

impervious cover within the RPA (914 sq. ft. x 200% = 1,828 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.


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RESTORATION HEARING

9. BRENT & ANDREA DIGERONIMO 412 Goodspeed Road

A Restoration Hearing will be held for Brent and Andrea Digeronimo on property located at LOT 45, Resubdivision of Lots 45, 46 & 47 Princess Anne Hills, also known as 412 Goodspeed Road for non-compliance with the conditions of development within the Resource Protection Area granted by the Chesapeake Bay Preservation Area Board on December 22, 2005. GPIN #2419-60-4865, District 5 – LYNNHAVEN. The violation occurred at Part of Lot 45, 412 Goodspeed Road, contiguous to a tributary of the Lynnhaven River. Our records indicate the owner of record for the subject property as Brent and Andrea Digeronimo. The unauthorized development within the Resource Protection Area (non-compliance with the variance conditions requiring removal of a concrete driveway and installation of buffer restoration and stormwater management facilities) is in violation of the variance and permit conditions authorized by the Chesapeake Bay Preservation Area Review Board. Said activity constitutes a violation of Chapter 21 of Title 10.1 of the Code of Virginia, and Section 105 of the Chesapeake Bay Preservation Area Ordinance. A Show Cause Hearing was held March 26, 2012. Mr. Gerald Hankin was an owner of record at that time. A violation was found with the environmental impacts being major and the relative degree of deviation or noncompliance being major. No civil charge was levied and a Restoration Hearing was ordered. No opposition was present at the Show Cause Hearing. The deferred Restoration Hearing held at the December 19, 2012 Public Hearing resulted Board dismissal of the case against Mr. Gerald Hankin. There was no opposition present at the Restoration Hearing. To our knowledge, Brent and Andrea Digeronimo have no history of non-compliance beyond the aforementioned items. The homeowners have met with staff several times to discuss the subject property prior to purchase, issues with compliance and restoration requirements associated with the property.

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I. CHRONOLOGY: 7/25, 2011 Staff recommends that this item be deferred so that proper notice can be

sent to the proper owner. At the time of notification, staff had information that indicated that Mark and Robin Mihaly were the owners of property. Since that time, staff is aware that the owner is now Gerald S. Hankin.

The Board deferred this show cause for 60 days at the July 25, 2011 Public Hearing to allow proper owner notification. There was no one present for the Show Cause Hearing. There was no opposition present.

9/20, 2011 Staff met with Mr. Hankin on September 20, 2011 and according to his

testimony, there are legal and financial issues unresolved with this property. Mr. Hankin feels his options are limited at this point in time. Staff is of the opinion that this item be deferred 30 days to allow Mr. Hankin time to contact the first mortgage holder regarding the subject violation.

9/26, 2011 The Board heard testimony from Mr. Hankin at the September 26, 2011

Public Hearing pertaining to the legal and financial issues unresolved with this property. Due to the circumstances involved with this property the Board deferred this show cause for 120 days at the September 26, 2011 Public Hearing. Mr. Hankin, owner, was present. There was no opposition present.

12/21, 2011 Staff contacted Mr. Hankin and he stated that a new lender has acquired

the loan on the property and that his Attorney has written the new holder of the loan and no response has been returned to date. Staff recommended that if any correspondence was received to notify staff.

1/23, 2012 The Board heard testimony from Mr. Hankin at the January 23, 2012

Public Hearing pertaining to the legal and financial issues unresolved with this property. He had informed the Board that the property was being foreclosed.

3/15, 2012 Staff researched the City of Virginia Beach land records. The current

owner of the property was listed as Gerald Hankin. 3/16, 2012 Staff contacted Mr. Hankins to obtain information on the status of the

foreclosure. 3/19, 2012 Mr. Hankin left a message stating that Bank of America had scheduled

and foreclosure meeting for February 8, 2012. That meeting was cancelled due to a discrepancy with the property title. At this time Bank of

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America has not informed or rescheduled a foreclosure meeting with Mr. Hankin.

3/20, 2012 Staff tried to contact Mr. Hankin to get additional contact information

pertaining to the status of the foreclosure. 3/26, 2012 Show Cause Hearing held, violation found, no civil charges were levied. A

restoration hearing was ordered. 4/12, 2012 On or about April 12th, 2012, Mr. Hankin’s council provided a brief history

to Board member Michael H. Levinson, Esq. 4/23, 2012 Board deferred the project for 60 days until the June 25, 2012 public

hearing. Mr. Hankin appeared before the Board. 5/17, 2012 Mr. Hankin contacted staff and informed them that the foreclosure meeting

scheduled for May 16, 2012 was canceled by Recon Bank. Recon Bank has rescheduled the foreclosure meeting for July 11, 2012.

8/31, 2012 Mr. Hankin contacted staff and informed them that the foreclosure meeting

scheduled for August 27, 2012 was canceled. At this time a rescheduled meeting date has not been provided.

10/24, 2012 Mr. Hankin informed staff that the foreclosure meeting had occurred. 11/30, 2012 City of Virginia Beach tax records indicate Gerald Hankin owner of the

property at 412 Goodspeed Road. The transfer of the property has not occurred.

12/12, 2012 Staff spoke with Mr. Hankin. He stated that foreclosure did occur but that

he was not given any paperwork / record of events from that meeting. 12/19, 2012 Board dismissed the Restoration Hearing against Mr. Gerald Hankin. II. STAFF COMMENTS: A variance application is under consideration by the Board at today’s Public Hearing – item 4, Brent & Andres Digeronimo. The subject variance request will result in compliance with the December 22, 2005 Board variance. Should the Board approve the aforementioned item 4 variance request, staff recommends that the conditions associated with the staff report qualify as restoration initiatives.

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Chesapeake Bay Preservation Area Board September 23, 2013 Lee Norton

RESTORATION HEARING

10. LEE NORTON 857 Saint James Drive

A Restoration Hearing will be held for Lee Norton on property located at Pembroke Meadows, Sec 3 Lot 468, and also known 857 Saint James Drive for non-compliance with the conditions of development within the Resource Protection Area. GPIN 1478-83-1726, District 4 - BAYSIDE. The violation occurred at Pembroke Meadows, Sec 3 Lot 468, 857 Saint James Drive, contiguous to a tributary of the Lynnhaven River. Our records indicate the owner of record for the subject property as Norton Family Trust (Lee Norton). The unauthorized land disturbance within the Resource Protection Area (failure to maintain erosion and sediment control measures) is in violation of the variance and permit conditions authorized by the Chesapeake Bay Preservation Area staff. Said activity constitutes a violation of Chapter 21 of Title 10.1 of the Code of Virginia, and Section 105 of the Chesapeake Bay Preservation Area Ordinance. A Show Cause Hearing was held July 22, 2013. Mr. Jim Block of Block Construction and contractor gave testimony. A violation was found with the environmental impacts being moderate and the relative degree of deviation or noncompliance being minor. A $100.00 civil charge was levied and a Restoration Hearing was ordered to be heard at the September 23, 2013 Public Hearing. There was no opposition present at the Show Cause Hearing. The civil charge payment was submitted within the required time. I. CHRONOLOGY: June 14, 2013 CBPA Civil Inspections visited the site to conduct an inspection and

discovered that the following non-compliant issues were present: • Improper erosion and sediment control practices. • Failure to inspect, maintain or repair compromised erosion and

sediment control measures within 48 hours of a rainfall event .05” or greater.

• Non-compliance with the requirements of the building permit. • Allowing sediment laden stormwater run-off to discharge into a

tributary of the Chesapeake Bay. June 14, 2013 CBPA Civil Inspector issued a Notice of Violation to the property

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bring the site into compliance no later than June 18, 2013. June 17, 2013 CBPA staff issues Show Cause letters to the property owner and

contractor to be present at the July 22, 2013 Chesapeake Bay Preservation Area Board Public Hearing.

June 18, 2013 CBPA Civil Inspector visits the site to conduct a follow-up to

compliance. CBPA Civil Inspector hand delivers a Notice of Violation to the contractor and informs him to bring the erosion and sediment control measures into compliance.

June 20, 2013 CBPA Civil Inspector visits the site to conduct a follow-up to

compliance. CBPA Civil Inspector informs contractor to correct erosion and sediment control measure in areas where said measure were not properly installed.

June 20, 2013 Property owner provides staff with a contract from the landscape

contractor for the site work and planting associated with the administrative variance. The owner informed staff that it was their desire to install the landscape materials (sod and plants) as per the agreed contract dated May 27, 2013. With the ongoing erosion, weather conditions and existing soil type staff agreed that the site needed to be stabilized. Staff informed the homeowner that he may proceed with the contract but that additional restoration requirements may be forthcoming dependent upon the outcome of the show cause.

July 2, 2013 CBPA Civil Inspector visits the site. Erosion and sediment control

measure were functioning. Rills created from stormwater run-off were graded and sediment trapped by silt fence removed.

July 22, 2013 A Show Cause Hearing was held July 22, 2013. A Restoration

Hearing was ordered to be heard at the September 23, 2013 Public Hearing.

August 15, 2013 Civil Inspections affirms that the sediment within the tidal feature

has been manually removed via bucket brigade, restoration installed and BMP installed.

II. STAFF COMMENTS: On August 15, 2013 Civil Inspections verified compliance with the approved administrative variance. No additional restoration orders are necessary.

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Chesapeake Bay Preservation Area Board September 23, 2013 Chris Sanders

RESTORATION HEARING

11. CHRIS SANDERS 1620 Duke of Windsor Road

A Restoration Hearing will be held for Chris Sanders on property located at Linkhorn Shores, Site 4, also known 1620 Duke of Windsor Road for unauthorized development within the Resource Protection Area. GPIN 2408-88-4539, District 5 – LYNNHAVEN. The violation occurred at Linkhorn Shores, Site 4, 1620 Duke of Windsor Road, contiguous to a tributary of the Linkhorn Bay. Our records indicate the owner of record for the subject property as Chris Sanders. The unauthorized development within the Resource Protection Area (unauthorized wood deck expansion – approximately 140 sq. ft., open pile) is in violation of the permit conditions authorized by staff. Said activity constitutes a violation of Chapter 21 of Title 10.1 of the Code of Virginia, and Section 105 of the Chesapeake Bay Preservation Area Ordinance. A Show Cause Hearing was held July 22, 2013. Mr. Ronnie Brown of Decks For Less and contractor gave testimony. A violation was found with the environmental impacts being minor and the relative degree of deviation or noncompliance being moderate. A $1,000.00 civil charge was levied and a Restoration Hearing was ordered to be heard at the September 23, 2013 Public Hearing. Mr. Brown has paid the civil charge. There was no opposition present at the Show Cause Hearing. To date, the civil charge levied against Mr. Sanders ($1,000.00) has not been paid. I. CHRONOLOGY: June 3, 2013 City of Virginia Beach, Zoning Department approved a request for

the replacement of deck boards to the existing wood deck at 1620 Duke of Windsor Road.

June 6, 2013 CBPA Civil Inspections issued a Notice of Violation with instructions

to submit a Preliminary Project Request (PPR) within 5 days to be

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reviewed for exceeding scope of work. Information relayed to staff from the contractor was that the owner obtained the permit and instructed him, the contractor, to expand the deck beyond that approved (re-deck).

June 11, 2013 Property owner submits after-the fact PPR application. June 11, 2013 ESO staff left messages with owner and contractor to contact staff

at their earliest convenience. June 14, 2013 Staff and the owner tried numerous times to connect but were

unsuccessful. On June 18th staff was able to return call but Mr. Sanders was unable to talk at that time, he was boarding a plane.

June 21, 2013 CBPA staff issues Show Cause letters to the property owner and

contractor to be present at the July 22, 2013 Chesapeake Bay Preservation Area Board Public Hearing.

June 25, 2013 Mr. Sanders contacted staff. During the conversation he

indicated that his contractor said that he (Mr. Sanders) did not have to do a special permit as long as they stayed 100 feet away from the water.

July 12, 2013 Staff tried to contact Mr. Ronnie Brown at his business and on his

cell phone. No answer at either. Staff left a message for Mr. Brown to contact staff at his earliest convenience.

July 12, 2013 Mr. Brown contacted staff. July 22, 2013 During the Show Cause Hearing the CBPA Board concluded that a

violation was found with the environmental impacts being minor and the relative degree of deviation or non-compliance was moderate. A $1,000.00 civil charge was levied and a Restoration Hearing was ordered to be heard at the September 23, 2013 Public Hearing.

II. STAFF COMMENTS: Since the Show Cause Hearing, staff has not received a restoration plan nor is one required. In the absence of payment for the civil penalty levied by the Board and no submission of an after-the-fact Board variance request, staff recommends the unauthorized portions of the wood deck be removed and the site stabilized with vegetative cover within 30 days of this Hearing date or submission of a Board after-the-fact variance request by October 5th, 2013 to be heard at the November 25th, 2013.

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CHESAPEAKE BAY PRESERVATION AREA BOARD ......New impervious cover within the RPA – 307 sq. ft. Post-development impervious area outside of the RPA is 12,502 sq. ft. (34.8%) History:

Documents