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November 4, 2010


The November 4, 2010 Regular Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Mr. Kelly, Mr. Palisi, Mr. Reilly and Mr. Reynolds

Absent – Wolfersberger, Leonard, Struncius and Spader

Alternates absent – Ardito, Renner and Madden

Motion by Mr. Reilly, second by Mr. Kelly to approve application #2010-23 of Thomas Highton with conditions.

In favor – Kelly, Palisi, Reilly and Reynolds
Opposed - None

Motion by Mr. Reilly, second by Mr. Kelly to amend Resolution #2009-19A of Ronald Schurgin d/b/a Good Year

In favor – Kelly, Palisi, Reilly and Reynolds
Opposed - None

Clarification of Resolution#2009-27 of Catherine Brzezinski – Zoning Officer is asking for the Board to clarify if they wanted the removal of the second kitchen since the applicant has given up the rental use of the of the apartment in his home.

Tom Petersen the applicants Planner/Architect was present and voiced his concerns because keeping the second kitchen was important to his applicant and believes his client would like to appear to discuss this issue. The Board tabled this matter until next meeting.

Application #2010-17 – Rachel Harrigan – 728 Arnold Avenue – Block 91.01; Lot 22 – Applicant wishes to construct an addition to the first and second floor of an existing three story single family, construct an 8 foot by 25 foot shed and install a swimming pool

Rachel Harrigan, applicant sworn. Applicant stated she resides in a GC zone and single family homes are not permitted. Applicant looking to expand home for her and her two children and future additions; Home is too small at this time. Also wants to install rod iron fence in front yard to keep dogs to the curb. Lee Kelly questioned the need for the large shed and applicant replied that she does not have a garage for storage and needs a place for the children’s bike’s and other toys.

Tom Petersen, applicant’s licensed Planner/licensed Architect, sworn. Photographs of applicant’s property taken by Tom Petersen approximately six (6) months ago are marked into evidence as exhibits A-3, A-4 and A-5.

Tom Petersen stated that home is a true Victorian style home from the late 1800’s. Home has always been a residence. The home being in the GC zone makes it a “use” variance. We were able to keep the bulk variances to the SF5 requirements.
It has been a residence for over 130 years. Structure is almost impossible to convert to commercial space. Home predates most structures in the vicinity. Tom Petersen cannot think of anything that would be a negative impact to town or surrounding properties. Pool mechanicals will be located in the open; chemicals will be kept in shed. Bill Reilly questioned the setbacks of the pool. Ray Savacool replied that a variance is required for assessor use but will also need bulk variance on Eastern property line (9 foot setback where 10 feet is required). Ray Savacool inquired if Tom Petersen thought this promoted the conservation of historic sites in accordance with the MLUL. (Yes)Bill Reilly inquired what materials and colors would be used. Tom Petersen replied that the original natural materials would be used. Jay Reynolds inquired what the possibility of this being a bed and breakfast down the road. Dennis Galvin replied that it would need approval of the board.

Audience questions/comments

James Ireland, 405 Trenton Avenue, sworn – Wife is executrix of Mother-in-laws estate which owns Cramer easement, and thinks the plan is great. Will allow trucks on easement during construction but will require applicant to have insurance.

Ann Marie Ireland, 405 Trenton Avenue, sworn - Concerned with pool and drainage.

Ray Savacool explained that a grading and drainage plan is required prior to construction.

Rachel Harrigan waived the time that the Board has to act.

Motion by Mr. Reynolds, second by Mr. Reilly to carry application #2010-17 of Rachel Harrigan to February 3, 2011 without notice.

In favor – Kelly, Palisi, Reilly and Reynolds
Opposed - None

Application #2010-20 – Nicole/Alex Goetchius – 917 Bay Avenue – Block 36; Lot 20 – Applicant wishes to convert detached garage to habitable space (playroom/office)

Alexander Goetchius, applicant, sworn. Stated that he wants to convert garage into playroom/office space for himself and his wife; Applicant occupation is to test software for cell phones. Right now they do not have enough room to do paperwork. Father in law dropped of commercial a/c and heater so they can also have heat and air conditioning. Is not looking to have it as living space; does not want to use it as rental space; just to be personal space. Has special needs child that need space for art therapy.

Robert Burdick, applicant’s licensed Professional Planner. Licensed Engineer, sworn. Robert Burdick stated that home will continue to be used for residential use. Owner works from home several days a week. Actual garage measures 32 feet by 23 feet. Exhibits entered Floor plan of garage A-3. Photographs taken today by Robert Burdick A – 4. Robert Burdick stated that the applicant would like a shower along with the bathroom. Dennis Galvin interjected that he thought the applicant only wanted a half bath. The applicant stated that he would like a full bath.

1. Robert Burdick stated that the applicant would file a deed restriction prohibiting the garage from being a residence.

2. There will be no more than one visitor per month in business related activities.
3. The building will be heated / or cooled.
4. Garage will be accessed from left side of garage.
5. Roof line will not be altered and there will be no kitchen.
6. Use will have minimal impact on adjacent neighbors.
7. 19.11-16 No exterior sign or evidence of home occupation.
8. Only person using business is owner of property
9. All operations will not be visible
10. Business will not create excessive vehicular or pedestrian traffic
11. No equipment that interferes with radio or television signals will be used.
12. No flammable, toxic or hazardous substances will be stored on site.
13. The applicant will register the home occupation with Code Enforcement and be subject to inspections.

Owner can better utilize his property and the building will be upgraded and this is an aesthetic improvement. Based on this I believe the positives outweigh the negatives. Mr. Reynolds inquired how close the building is to the neighbor’s. Alex Goetchius replied approximately 30 feet away. A/c will be placed on south side of building

Audience questions/comments

Thomas Jurkowski – 915 Bay Avenue – lives directly north from the applicant. Thomas stated that the applicant had a very large air conditioner delivered and told him it was for the studio but if they didn’t get approval they would get rid of it. It is alarming to him because Mrs. Goetchius runs a yoga studio and I do not want her business being run in the backyard right next door to my home.

Alice Jurkowski – 915 Bay Avenue - Her concern is how this began. This is the first time I have heard it will be a playroom. I was always told it was going to be a Yoga studio. I am not what a playroom will be. It could be a lot of different things. I do not want to have to police my neighbor’s. I am worried how it will impact the value of my property.

Alex Goetchius stated that originally they wanted a yoga studio but they knew that was never going to happen so they decided that they needed to use the space for something so they decided on a playroom.

Alex Goetchius has waived the time for the application to be heard.

Motion by Mr. Reilly second by Mr. Reynolds to carry application #2010-20 of Alex Goetchius to February 4, 2011 without notice.

In favor – Kelly, Palisi, Reilly and Reynolds.
Opposed - None

Application #2010-05 – Robert and Irene Morrow – 209 Arnold Avenue – Block 97; Lot 5 – Applicant wishes to construct a two-story addition to the rear of the front house and a second story deck to the rear dwelling.
(2nd meeting – applicant re-noticed)

John Jackson, attorney for applicant. Thomas K. Hofmann, Professional Architect. Revisions from last meeting – Reduced bedrooms – 3 upstairs and 3 bedrooms downstairs; 3 full bathrooms and 1 half bath.

Ray Savacool inquired why there is an exterior staircase in rear of home. Charles Gilligan, Planner/Engineer sworn stated that they would like it for safety reasons. The applicant stated that he does not have to have the exterior stairs. Requesting 34.43 % building coverage; Deck on assessory structure could be reduced to 4 x 4 landing to reduce coverage.

John Jackson waived the time for the application to be heard.

Motion by Mr. Reilly, second by Mr. Reynolds to carry application #2010-05 to February 4, 2011 without notice.

In favor: Kelly, Palisi, Reilly and Reynolds

Opposed: None

Meeting adjourned at 9:15pm

Attest: Karen L. Mills, Clerk of the Board

Published December03, 2010 | Board of Adjustment Minutes | 1118

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