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January 17, 2013

Reorganization and regular meeting minutes

The January 17, 2013 Reorganization and 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: Reilly, Kelly, Reynolds and Ardito Alternates: Renner, Loder, Davis and Shamy
Absent: Spader, Struncius and Wolfersberger
Mr. Reilly was chairman for the evening.

Memorialization of December 6TH, 2012 Minutes – Motion by Mr. Reynolds to memorialize the minutes of December 6, 2012, second by Mr. Ardito
In favor: Kelly, Reilly, Reynolds, Ardito, Davis and Loder
Opposed: None
Memorialization of Resolutions
Motion by Mr. Reynolds, second by Mr. Loder to memorialize the action and vote approving application #2012-15 of Mario Simione with conditions.
In favor: Kelly, Reilly, Reynolds, Ardito and Loder
Opposed: None
Motion by Mr. Kelly, second by Mr. Ardito to memorialize the action and vote approving application #2012-20 of Sweet Escape Bungalow, LLC with conditions
In favor: Kelly, Reilly, Reynolds, Ardito and Renner
Opposed: None
Motion by Mr. Ardito, second by Mr. Renner to memorialize the action and vote approving application #2012-20 of Pamela Short with conditions
In favor: Kelly, Reynolds, Reilly, Ardito and Renner
Opposed: None

Appointment of Board Chairman – Motion by Mr. Reynolds to nominate Paul Struncius for Chairman, second by Mr. Ardito
In favor: Reilly, Kelly, Reynolds, Ardito, Renner, Loder, Davis and Shamy
Opposed: None
Appointment of Board vice –Chair
Motion by Mr. Loder to nominate Bill Reilly for vice-Chair, second by Mr. Kelly
In favor - Reilly, Kelly, Reynolds, Ardito, Renner, Loder, Davis and Shamy
Opposed: None

Appointment of Board Secretary
Motion by Mr. Ardito to nominate Jim Wolfersberger for Board Secretary, second by Mr. Reynolds
In favor: Reilly, Kelly, Reynolds, Ardito, Renner, Loder, Davis and Shamy
Opposed: None
Appoint of Board Clerk
Motion by Mr. Ardito to nominate Karen Mills as Board Clerk, second by Tom Davis
In favor: Reilly, Kelly, Reynolds, Ardito, Renner, Loder, Davis and Shamy
Opposed: None
Appointment of Board Attorney
Motion by Mr. Kelly to nominate Dennis Galvin of the Galvin Law firm as board attorney, second by Mr. Ardito
In favor: Reilly, Kelly, Reynolds, Ardito, Renner, Loder, Davis and Shamy
Opposed: None
Appointment of Board Engineer
Motion by Mr. Kelly to nominate Ray Savacool, of T & M Associates as Board Engineer
In favor: Reilly, Kelly, Reynolds, Ardito, Renner, Loder, Davis and Shamy
Opposed: None

Letter from Antiques Emporium – Board would like them to appear in person and explain the changes.

Application #2012-27 – Pat Pollari - 103 Riverside Place ; Block; 157 Lot 20- Applicant wishes to raise existing single family structure and rebuild new home with second floor utilizing existing footprint.
Pat Pollari, applicant, sworn. Robert Burdick, Professional Engineer and Professional Planner, credentials accepted, stated that the home has experienced significant flood damage. The applicant is looking to demolish the existing home and build a new home. They wish to amend plan and raise the home to FEMA recommendations of 12 feet. Applicant will need and extra step which is not shown on the plan. Lot width 41.67 feet variance; accessory building setback (deminimus); principal building 3.31 foot setback, but now going up to a second story which intensifies that variance. 36.7% building coverage was previously approved by the board. Building height has been increased to 36 feet, also a variance. Front yard setback is the only non-preexisting condition. Advantages are that the proposed dwelling will replace an older structure and be up to code. The new structure will provide safety and aesthetic improvements. Variances can be granted without substantial detriment to the community. Dennis Galvin inquired why the applicant could not adjust the roof pitch to meet the height requirement. Robert Burdick replied that it would be an inconvenience to the applicant. The new home will have approximately 2,400 square feet of habitable living space. There is a one story home to the south and it will have a small negative impact on that home.
No audience questions/comments

Deliberations
Kelly – Does not have a problem with the general project.
Reynolds – In favor
Ardito – Wished the applicant well in his reconstruction. Prior approval of building coverage, building in foot print so he will not second guess what happened prior. Benefits outweigh detriments. In favor
Reilly –
Renner – Knows how distressing the entire experience has been. No neighbors have shown to object. In favor
Loder – Variances are deminimus. In favor
Davis – Wished the best of luck to the applicant and believes it is a good addition to the neighborhood.
Shamy - Reasonable response in current situation. In favor

Conditions –

1. First floor deck is not to be enclosed and is to allow water to pass through
2. Pavers on East side of home are approved by the BOA but this is not to be seen as an endorsement of the driveway primarily located on the neighboring property.
3. The applicant is to plant foundation landscaping which is to be reviewed and approved by the Board Engineer and installed prior to the issuance of the CO.

Motion by Mr. Kelly, second by Mr. Reynolds to approve application #2012-27 of Pat Pollari with conditions.
In favor: Kelly, Reynolds, Ardito, Renner, Loder, Davis and Reilly
Opposed: None

Application #2012-26 – Jenkinson’s South, Inc. – Applicant is looking to amend previously approved site plan.

John Jackson, attorney for applicant. Jenkinson’s has made some modifications along the way and are here to amend the site plan. John N. Ernst, Professional Engineer sworn along with Anthony Storino applicant, sworn. John Ernst stated that originally Jenkinson’s removed an existing restaurant to move the roller coaster and install a ramp. They installed a light to illuminate the roller coaster and the ramp. Originally planters were proposed, but due to experiences they have had in the past (used as ash trays and garbage cans) they decided not to install them. They also encased the mechanicals for the roller coaster in a structure that looks like a lifeguard station which was not depicted on the original site plan. A-3 Site plan John Ernst reviewed Ray Savacool’s engineering report and specified the following points. Relocated the sign on Ocean Avenue; three flood lights on existing light pole on South side of ramp; new lamp post location on South side of ramp (ornamental) ; relocated benches in amusement area(Mr. Reilly wants a designated area for benches). Anthony Storino stated they put the benches where the customers want them (shaded area; near rides to watch children on rides). Approximately thirty (30) benches made out of various materials. The new deck will match elevation and type.
No Audience questions/comments
Anthony Storino addressed the planters, bicycle racks and planters. Anthony stated there are two bicycle racks along Ocean Avenue. Anthony Storino said in the past planters were utilized for garbage cans and ash trays. People sit and stand on them and fall off; believes it is a safety issue. Mr. Renner believes the street ends could use some greenery; hopes they can help out and maintain the street ends (bayberry and beach plums would be good). Anthony Storino stated that they do not own the street ends; Mr. Renner thought they could help the Shade tree committee and supply funds and man power to help plant and maintain street ends. Dennis Galvin said if the applicant is hesitant to let the issue go.
No audience questions/comments
Deliberations
Mr. Kelly –Would like to personally thank them; they have done a wonderful job. Believes it is one of the most attractive corners. No problem with changes
Mr. Reynolds – No problem at all and doesn’t understand why they had to spend 40 minutes discussing it.
Mr. Ardito – As presented is good with everything.
Mr. Renner – Same here
Mr. Loder – Changes asked for reasonable
Mr. Shamy – Believes changes are reasonable; they benefit the operation and the town
Mr. Davis – Echo pretty much everyone else’s comments; I agree, I believe it is all beneficial.
Mr. Reilly – I think it was quite an improvement when it was done and when I saw this I said this is silly because what you are doing for the most part is further improvement. It is helping with safety and other issues. In clearly in favor of this
Conditions
1. The applicant shall agree to maintain a minimum of five (5) benches during its seasonal operation. The applicant is to provide a schematic or list of the location of these five benches to be attached to this Resolution as Exhibit “A”.

2. The applicant is to maintain a minimum of two (2) bike racks within the sidewalk area of this site during seasonal operation.
Motion by Mr. Reynolds, second by Mr. Loder to approve application #2012-26 of Jenkinson’s with conditions
In favor: Kelly, Reynolds, Ardito, Renner, Loder, Davis and Reilly
Opposed: None

Application #2012-25 – Ronald Domm – Applicant wishes to demolish existing single family dwelling and construct a new single family structure.
Steven A. Pardes, attorney’s applicant. Applicant is wishing to demolish home on corner lot and build new home. Joseph Caranante, one of the applicant’s and developer, sworn. Existing home is vacant and in need of a lot of work. Exhibits A- 3 through A – 10 entered - Pictures taken three weeks ago. Photos depict older home with weathered roof in need of repair. Joseph Carranante stated that there is not any land available to purchase to make this a conforming lot (75 foot width) also the new home will front on Walnut. Setback on Lincoln Avenue does not comply and applicant does not feel it has an impact on surrounding properties and feels the home is a reasonable size for this property and is an aesthetic improvement to the neighborhood. Current setback on Lincoln Avenue is 17.7 feet and not located in a flood zone. Mr. Renner questioned if the applicant believes this is a wooded area. (Yes) Joe Caranante does not know if any trees will stay but will replace the ones that he removes. Steve Ardito inquired with the habitable attic space and basement does the applicant believe this to be a modest home? (Yes)Dennis Galvin inquired why the home cannot be setback further from Lincoln Avenue. Applicant stated that it can be moved back ten (10) ten feet from Lincoln Avenue. Dennis Galvin inquired if the applicant would like to adjourn and go over the plans and figure out the landscaping and resubmit and be carried to a future meeting. Steve Pardes said that he believes they can finish this evening. The home complies with building coverage and they can move the setback back to 10 feet and believes that is a reasonable compromise. There will be a reasonable amount of landscaping and they can submit the plan to Ray Savacool.
Audience Questions/comments
Angelo Zapula, Walnut Avenue – Believes the 5 foot setback will overwhelm Lincoln Avenue and impact the site triangle which will be a safety issue.
Lawrence Evans, 306 Lincoln Avenue - the home clearly faces Lincoln Avenue – Believes there is an impact on the view and safety. I am pleased the home is going to be replaced but needs to be setback further.
Scott Kuzmic – Walnut Avenue – It is not aesthetically pleasing to walk down a sidewalk and looking up at a 35 foot wall. Believes a modest home facing Lincoln would be more in line with the neighborhood.
Jane Hoste, Walnut Avenue - 808 Walnut Avenue – Believes a 5 foot setback will be way too close to her home. The size of the home on that lot is much too big. My view will be a 35 foot wall with 4 windows. Feels the home is too big and should face Lincoln
Patrici Zapula, Walnut Avenue – Based on everything said, this neighborhood is charming and having this great big wall will not be attractive.

Motion by Mr. Ardito second by Mr. Renner to carry application 2012-25 of Ronald Domm to April 4, 2013 without notice
In favor: Kelly, Reynolds, Ardito, Renner, Loder, Davis and Reilly
Opposed: None

Meeting adjourned at 10:10pm
Attest: Karen L. Mills, Clerk of the Board


Published February11, 2013 | Board of Adjustment Minutes | 1521


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