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December 2, 2010


The December 2, 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. Wolfersberger, Mr. Spader, Mr. Leonard, Chairman Struncius, Mr. Reilly, Mr. Reynolds, Mr. Ardito and Mr. Renner

Absent – Mr. Kelly, Mr. Palisi and Mr. Madden

Motion by Mr. Reilly, second by Mr. Leonard to Memorialize the minutes of October 7, 2010
In favor: Wolfersberger, Leonard, Struncius, Reilly, Spader, Reynolds and Ardito

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the minutes of October 21, 2010
In favor: Wolfersberger, Leonard, Struncius, Reilly, Reynolds and Ardito

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the minutes of November 4, 2010

In favor: Reilly and Reynolds

Addressing the issue of clarification of Resolution #2009-27 – Catherine Brzezinski – 4 Delaware Avenue; Block 2; Lot 2 – Was it the Board’s intention to let the second kitchen remain?

After discussion the Board determined the second kitchenette may remain with a deed restriction

Motion by Mr. Reilly, second by Mr. Reynolds to amend the resolution $2009-27 to allow the kitchenette to remain with the condition that a deed restriction be recorded.

1. The apartment is to be used with principal home.
2. Home is never to be used as a two family.
3. Deed is to be submitted to board attorney to be reviewed prior to recording.

In favor – Wolfersberger, Spader, Struncius, Reilly, Reynolds and Ardito
Opposed - Leonard

Application #2010-28 – Richard Larkin – 3-5 Trenton Avenue – Block 79; Lot 3 – Applicant wishes to construct roof overhang over front stairs.

Robert D. Molner, applicants builder, sworn. Robert Molner stated that they are requesting a simple 6 x 6 roof over the front porch. Photos entered as A -3. No intention to enclose. No negative impact on neighbors.

No audience questions/comments


Wolfersberger – has no problem with this; deminimus.

Motion by Mr. Reynolds, second by Mr. Reilly to approve application #2010-28

In favor: Wolfersberger, Spader, Leonard, Struncius, Reilly, Reynolds and Ardito
Opposed: None

Application #2010-22 Mark/Kirsten Micco – 12 Surf and Sand Court – Block 120; Lot 3.04 – Applicant finished first floor of single family dwelling. Property had previous variance that permitted this area to be utilized as storage. Applicant wishes to amend Resolution#1982-26.

Mark and Kirsten Micco, applicant sworn. Applicants stated that they didn’t know that you needed building permits to finish basement and they didn’t realize that their home had a resolution restricting the use of the basement to storage. Mr. Wolfersberger stated that if their resolution for the basement storage had been a deed restriction it would have been found in the title search. Dennis Galvin stated - Now that you have made storage a living space the home is now considered a two-story home which may not be a permitted use, the board needs to know the height of the home. . Flood elevation zone is A-O depth one foot; which means living space needs to be one foot above flood elevation. The room does have a toilet. Mr. Leonard wants to know the flood elevation. Permission cannot be granted if it violates the flood hazard. Applicants stated that they do have flood insurance.

The Board is requesting to have a flood elevation certificate to show weather the basement is above flood elevation.

Audience questions/comments

Joann Pfeiffer – She is a neighbor and her concerns are that they will rent out the room because it has a separate entrance.

Applicants have waived the time for this matter to be heard.

Motion by Mr. Reilly, second by Mr. Ardito to carry application to February 17, 2011 without notice.

In favor: Wolfersberger, Spader, Leonard, Struncius, Reilly, Reynolds and Ardito
Opposed: None

Application #2009-19 – Sandra C. Napoletano – 20 Danby Place; Block 121; lot 5.04 -Applicant wishes to move the existing single family dwelling and add a second story.

Steven A. Pardes, attorney for applicant clarified the access to the property. Submitted photographs of property entered as A-6, Then proceeded to clarify the easement deed. Original Deed entered as A-7, Lefebvre deed entered as A-8 and corrected deed entered as A-9, subdivision of lots entered as A -10 ( 2 pages). Survey of property entered as A -11; Site plan entered as A – 12. Jerry Dasti, neighbors attorney questioned if the surveys had been on file ten days prior and Steve Pardes stated that they did not have to be. Jerry Dasti thought that since the applicant knew it was a contested hearing that they might in good faith supply the documents prior to the hearing. N- 1 Photos entered and N-2 Plan of survey

Robert H. Morris, licensed land surveyor, credentials accepted. Robert Morris measured heights of homes from crown of Danby.

Mr. Renner questioned if all the homes were the same distance from the boardwalk? No, the Napoletano home is set back much further. Mr. Wolfersberger questioned the property lines.

Audience questions/comments of surveyor- None

Paul C. Amelchenko, architect stated they have lowered the roof line and reduced the ceiling of the home to reduce the height to 21 feet 11 inches from the crown of Danby. The application no longer required a D-6 variance and now just requires a C variance. Paul Amelchenko reviewed remaining variances and changes that have been made.

Audience questions

Timothy Caughey – inquired if there is an overhang between the homes? (no) Siding? – Wood shingled over fire code sheathing. Inquired about the parking pad.

Margaret Loughran – Questioned how this would affect their parking?

Paul Amelchenko stated that the applicant has made a lot of changes trying to be a good neighbor.

Sandra Napoletano, applicant, sworn – Jerry Dasti questioned the applicant in regards to occupancy of the home. Mr. Dasti asked Sandra Napoletano is she would accept a covenant in her deed restricting her right to rent and Sanrda Napoltano replied “no” because you never know what might happen.

Joseph Sayeh – Questioned how they plan on backing out of the new parking area.

John Vincenti, licensed planner/licensed engineer, credentials accepted. Jerry Dasti questioned him in regards to the height of the new plans. He concluded that he finds Paul Amelchenko’s calculations to be inaccurate. The point is that the plans are good looking but does not believe the home will look like the plans.

The board concluded that they cannot make a decision without certainty of the height.

Motion by Mr. Reynolds and a second by Mr. Wolfersberger application #2009-19 is carried without notice to January 20, 2011 without notice.

Application #2010-19 – Roland P. Cassia – 224 Richmond Avenue – Block 113; Lot 7 – Applicant converted first floor commercial space into a second apartment. Cannot convert back to commercial space without site plan due to intent to abandon commercial use.

Carried without notice to February 17, 2011 without notice.

Meeting adjourned at 11:20pm

Attest: Karen L. Mills, Clerk of the Board

Published January21, 2011 | Board of Adjustment Minutes | 1146

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