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August 18, 2016

Minutes

The August 18, 2016 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. Spader, Mr. Kelly, vice-chair Reilly, Chairman Struncius, Mr. Dixon, Mr. Schneider, Mr. Davis, Mr. DePolo and Ms. Crapser
Absent – Mr. Reynolds and Mr. DePolo

Memorialize minutes – Motion by vice-chair Reilly, second by Mr. Kelly to memorialize the minutes of June 16, 2016
In favor: Kelly, Reilly. Struncius, Dixon and Schneider
Opposed: None
Motion by Mr. Spader, second by vice-chair Reilly to memorialize the minutes of July 21, 2016
In favor – Spader, Kelly, Schneider, Davis, Crasper and Reilly
Opposed: None
Memorialize Resolution
Memorialize Resolution
Motion by Mr. Spader, second, by Mr. Kelly to memorialize the action and vote denying application #2016-19 of Brock/Paula Watzich – 113 Harvard
In favor – Spader, Kelly, Schneider, Davis, Crasper and Reilly
Opposed: None
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the action and vote amending resolution 2016-20(2) of Deborah A. Seaberg – 124 Randall Avenue -
In favor: Spader, Kelly and Schneider
Opposed: None
Motion by Mr. Spader, second by Mr. Davis to memorialize the action and vote approving Resolution #2016-24 of Suzanne Onyskow – 11 Stony Road – with conditions
In favor – Spader, Kelly, Davis, Crasper and Reilly
Opposed: None
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the action and vote bifurcating the application and approving the pre-existing non-conformity of a two-family dwelling ( house and small rental unit in the rear)- Resolution #2016-26 – Sikorski-Pavia- 313 Carter Avenue –
In favor – Spader, Kelly, Schneider, Spader, Crasper and Davis
Opposed: None

Motion by Mr. Spader, second by vice-chair Reilly to memorialize the action and vote approving Resolution #2016-27 of Judith/Victor Lolli – 1301 Oceanfront with conditions
In favor – Spader, Kelly, Schneider, Davis, Crasper and Reilly
Opposed: None
Motion by Mr. Spader, second by Mr. Kelly to carry Application #2015-33 – Long Point Lane LLC (Dave Bassinder) – 33 Central Avenue – Block 100; Lot 12 – to November 3, 2016 without notice. Time waiver on file.
In favor – Spader, Kelly, Reilly, Dixon, Schneider, Davis and Struncius
Opposed: None
Application #2015-16 – Rt. 35 North LLC c/o Fred Ebrahimi – 222 – 228 Hawthorne Avenue – Block 114; Lot 5 – Applicant replaced existing signs with larger signs without benefit of construction permits. Applicant also wants to install generator. Minor site plan approval requested.
Dennis Galvin explained that the applicant has reapplied after the denial and the appeal to superior court. The court remanded the case back to the Board.

Kimberly Bennet, from the firm of King, Kittrich, Jackson and McQueeny stated that the case was remanded back to the Board for further proceedings. They are there to legalize a sign that currently resides on the property and to request variance relief and to request permission to place a generator on the property.

Robert Burdick, P.E., P.P., sworn, stated that the previous application was denied in April of last year. Since its denial, the applicant has revised its plans to allow for a larger setback for the existing sign by turning the sign. The property was the previous site of a Valero gas station, however, when the applicant purchased the property, they converted it to a Citgo gas station which required a change to the sign. Approvals were granted for the property in the 1990s for the sale of used cars and car rentals. The propane sign underneath the new sign is to be removed. The existing Avis sign is not located on the property, it is to be moved back onto the property. The fuel sign will be rotated to enhance the view of cars exiting the site. The applicant is proposing to add an emergency backup generator on the northeast corner of the property. The proposed signage and generator are intended for safety purposes, will be positive improvements for the community, and will not negatively impact the surrounding properties.
Deliberations

Spader – Unfortunate thing about this whole thing is that it could have been resolved a year ago. All these suggestions are what we asked for then. The municipality incurred attorney fees unnecessarily. Will support the changes – I thought it was inappropriate that the future plans were sent out.
Kelly – I suggested at the last meeting that I had no problem with the gas sign if the propane sign was removed. It is a plus that they are turning it. The Avis sign should be removed. I have a problem with the closeness of the AVIS sign.
Reilly – Was willing to accept the original proposal if the propane sign was removed. Still in favor.
Dixon – My concerns were the signage. Agreeing to move it around will help the site line. In favor of the generator. Have no problem with what has been done here. Could of saved the town money if it had been resolved here.
Schneider - The sign will be improved with the removal of the propane sign. Will be in favor.
Davis – The signs improve the safety of the use. There is a lot of overage for the site but is appropriate for the use. I think the system works – they are back before us
Crasper – Seeing the applicant is in agreement with certain conditions – the site distance is not an issue – I do not have a problem pulling out of there now. I am in favor
Struncius – I think that’s what makes the Board interesting – different people different views – Mr. Kelly says he has a problem pulling out of there - this sign could be on the ground and it does not affect my view – it is way back. You can see way down that road – you would have to be the fourth car in line for that sign to affect your view. Do I think turning the sign is helping – no I don’t. I think the sign needs to be the size it is. I do think the AVIS sign needs to be upgraded. I do not get the sidewalk request – There is not a sidewalk anywhere. I had no problem with it before – I am quite fine.

Motion by Vice-Chair Reilly, second by Mr. Spader to approve Application #2015-16 of Rt. 35 N. LLC c/o Fred Ebrahimi – 222 – 228 Hawthorne Avenue – Block 114; Lot 5 – with conditions

In favor – Spader, Kelly, Reilly, Dixon, Schneider, Davis and Struncius
Opposed – None
Application approved with conditions


Conditions

1. The applicant agreed to remove the propane sign from the main Citgo Sign and will remove the propane sign currently on the telephone pole. Both of these changes are to occur prior to the issuance of a building permit.

2. The Avis sign located on the state easement is to be moved onto the applicant’s property with a setback of 1 foot.

3. All of the Avis cars and trucks are to be parked along the fence behind the pumps. They are not to be parked near the property frontage.



Meeting adjourned at 9:20pm
Attest: Karen L. Mills, LUA, Clerk of the Board


Published September19, 2016 | Board of Adjustment Minutes | 2401


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