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July 20, 2017

Minutes

JULY 20, 2017 BOA MINUTES

The July 20, 2017 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, Mr. Reynolds, vice chair Reilly, Mr. Schneider, Mr. Davis and Chairman Struncius
Absent – Mr. Dixon, Mr. DePolo and Ms. Crasper

Memorialize minutes –
Motion by Mr. Spader, second by Mr. Schneider to memorialize the May 18, 2017 minutes –
In favor: Spader, Kelly, Reilly, Schneider and Davis
Opposed: None
Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the June 15, 2017 minutes –
In favor: Reynolds, Schneider and Davis
Opposed: None

Memorialize Resolutions –
Motion by Mr. Spader, second by Mr. Reynolds to memorialize the action and vote denying application 2017-10 of Thomas C. Abraham – 1209 Ocean front –
In favor – Spader, Kelly, Reynolds, Reilly, Schneider and Davis
Opposed: None

Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving application2017-23 of Weschler/Olszewski – 706 Forman – with conditions
In favor – Reynolds and Schneider
Opposed: None
Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving application 2017-13 of White Sands – 1100 – 1108 Ocean Ave – with conditions
In favor – Schneider, Reynolds and Davis
Opposed: None

Application #2017-14 – Richard Mina – 103 New York Avenue – Block 43; Lot 2 – Applicant constructed a detached garage that is 16.50 in height where 16 feet is allowed.

Richard Mina applicant sworn, stated that there are two matters to discuss. The shed was installed too close to the fence and the garage is 6 inches higher than allowed. Applicant believes that that a little dirt might have been added during excavation. Vice chair Reilly inquired how it was discovered and the applicant replied that it was discovered on the final as built. Mr. Reynolds inquired if the shed is movable. (Yes) Photos entered as A-3, 4 & 5. Photos of property taken by applicant. Vice chair Reilly also inquired if permits were secured for the shed (Yes).
After consideration the board directed the applicant to move the shed one more foot for a total of three feet off the property line.

Deliberations

Spader – I think this is a good compromise – pick it up and move it – might give them more privacy.

Kelly – Another situation where a contractor made a mistake. Have no problem with the shed moved.

Reynolds – I think the three feet will be fine and it will block the heater – in favor
Schneider – Unfortunate your contractor did that. Am fine with the compromise of three feet for the shed.

Davis – I do not think 6 inches on the garage is a big thing and appreciate the applicant is willing to compromise on the shed – in favor

Reilly – Also appreciate that you are willing to make a little compromise to get this done.

Conditions

1. Shed is to be moved three feet off property line.
2. Garage is not to be used for habitation.

Motion by Mr. Spader, second by Mr. Reynolds to approve application #2017-14 of Richard Mina – 103 New York Avenue – Block 43; Lot 2 with conditions
In favor: Spader, Kelly, Reynolds, Schneider, Davis and Reilly
Opposed: None

Application approved with conditions

Chairman Struncius has arrived

Application #2017-12 – Carolina Carino – 305 Cooks Lane – Block 105; Lot 6 – Applicant has added a second driveway curb cut on Cooks Road. Only one curb cut is allowed per dwelling.

Carolina Carino, applicant, sworn. Applicant has installed a second curb cut and would like to keep it. She would like to be able to drive through her property in the future. Mr. Spader stated that he does not see the hardship because she has a drive way in front of her home. Carolina Carino said that she has a hardship during the school year with all the cars parked and in the future she wants to install a garage with front and rear door and she would be able to drive right through. Carolina Carino stated that she owns three cars. Mr. Spader commented that she has taken away a parking spot on the street already without permission. Chairman Struncius is questioning why she just cannot make a K-turn and pull out head first and just have the one curb cut. The applicant has not provided plans for a two car garage and the Board wants to see the completed plans. The Board isn’t seeing special reasons or a hardship at this time. The applicant has requested to be carried and will supply plans to the board.
Chairman Struncius isn’t sure he will grant a curb cut upon seeing plans – he just doesn’t see the special reasons. Vice chair Reilly suggested a loop in the rear of the property. Dennis Galvin explained that this is a court room and the Board needs to see all the proofs – it is not a negotiation. This is a difficult case to decide. Ray Savacool stated they need to know how it will be laid out. Chairman Struncius inquired what the signs say that are hanging on the fence. Carolina Carino said they say do not block – Chairman Struncius replied that she has no right to keep anyone from parking there.

Motion by vice chair Reilly, second by Mr. Davis to carry application #2017-12 of Carolina Carino – 305 Cooks Lane – Block 105; Lot 6 without notice to September 7, 2017

In favor – Spader, Kelly, Reilly, Reynolds, Schneider, Davis and Struncius
Opposed: None
Application carried

Application #2017-23 – Jeanne Itak – 339 Curtis Avenue – Block 92; lot 6 – Applicant wishes to remove existing deck and construct two additions and a new deck to existing single family dwelling.

Steve and Jeanne Itak, sworn. Introduced photos marked as A-3. Applicant is looking to add to their home so that Jeanne’s parents can move in with them. They need to have a living quarters on one level for them because her Dad now has some medical issues.
The applicant agreed to eliminate the shed to reduce building coverage and agreed to keep impervious coverage under the decks. With the shed removed the variance for building coverage will be 36.8 with 6.5% being decks and stairs.

Deliberations

Spader – The home is ready for a little updating. Do not see anything negative – it fits in the neighborhood – will be in favor

Kelly – Happy to see an applicant coming for something simple – have no problem with this
Reilly – With the changes that have been made am fine with application.

Reynolds - I believe it to be a diminimus change and an upgrade to the house. There is no negative impact to the neighborhood. Will be in favor

Schneider - Major improvement to the neighborhood. Improving the property – in favor

Davis - Agree – positives are there and it is an improvement to the housing stock. The enhancement of outdoor living space is a plus.

Motion by Mr. Spader, second by Mr. Reynolds to approve Application #2017-23 of Jeanne Itak – 339 Curtis Avenue – Block 92; lot 6 with conditions

Conditions
1. The shed is to be removed.
2. The area under the deck is to remain impervious.
3. In favor – Spader, Kelly, Reilly, Reynolds, Schneider, Davis and Struncius
4. Opposed: None

Application approved with conditions

Application # 2017-17 – Kim Campbell – 130 Randall Avenue – Block 129.02; Lot 17.01 – Applicant wishes to construct a new FEMA compliant single family dwelling.
(Application not being heard due to deficient notice)

Meeting adjourned at 8:55 pm

Attest: Karen L. Mills, LUA
Clerk of the Board


Published August22, 2017 | Board of Adjustment Minutes | 2636


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