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July 27, 2017

Special Meeting


The July 26, 2017 Special 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. Reynolds, vice chair Reilly, Mr. Schneider, Mr. Dixon, Mr. Davis and Chairman Struncius
Absent Mr. Spader, Mr. DePolo and Ms. Crasper

Application #2017-19 1031 Seashore LLC 1301 Ocean Avenue Block 18.01; Lot 1 Applicant wishes to lift unit #7 and add a second floor and enlarge existing second story decks.

John Paul Doyle, attorney for applicant, reviewed the history of the property. The applicant thought the work done was in the scope of the approval; particularly in regards to unit #7. The Zoning officer did not agree.

John Jackson is representing objectors to this application, Judith/Victor Lolli and Maryellen Harris. His clients got very concerned when the applicant started construction on unit #7 and it was being expanded. This is not a multi-family zone and believes that the use should not be expanded. This lot is just over 9,000 square feet which would fit 2 single family homes if variances were granted. Unit #7 was raised 8 feet where 5 feet is required to meet FEMA regulations and the applicant added an additional floor which is a substantial increase in height. Then to add balconies and decks is too intense for a single family zone. Objection is to unit #7 the mass and bulk is a detriment to the neighborhood. His clients do not have a problem with the original approval.

Anthony Maltese, Professional Engineer, sworn, never testified before a board before. Has been involved with the property since 2014. Was involved with previous application that was denied. Stated that he was familiar with the previous approved resolutions. A-3 (sheets 1, 2, 3 & 4) entered site plan. A-6 list of requirements. Anthony Maltese stated that building coverage is still under what is allowed. 36.24% is being proposed. Pavement is being removed and replaced with stone. The main building is 35.7 feet at the highest point of the ridge. Anthony Maltese stated that Building 7 is 31 feet high. It was stated that even though the second floor of building 7 has 8 foot ceilings that it would not be habitable space; it would be utilized for storage. The hallways and stairwells have been widened. It was mentioned that the applicant did receive a stop work order for the construction of building 7 because a variance had not been received for the height and second floor. The first floor of building 7 is higher than needed to meet FEMA requirements. Exhibit A8 entered - Letter from Elaine Petrillo (stop work order) dated May 5, 2017. Ray Savacool stated that the letter reflects what was submitted on the architectural plans which showed the building was larger. John Paul Doyle stated that the actual building is not horizontally larger. A9 and A-10 are previously submitted plans and application entered. Exhibit A-11 entered photos - A, B and C

John Jackson commented that they can build what was approved in the 2006 variance. Chairman Struncius inquired if they had just raised what (Building 7) was there to FEMA regulations what would the height of the building be? Anthony Maltese replied that it would be 10 feet lower. Chairman Struncius replied that right there tells you that it is an expansion of use. Mr. Dixon commented that the original building 7 was attached to the main structure. Are you allowed to just raise one structure but not the main structure? Ray Savacool
explained the applicant is raising the interior first floor of the main structure 8 inches. Exhibit A-12 entered photos Mr. Reynolds clarified that unit 7 was demolished not lifted.

John Jackson stated that the applicant is going for an expansion of use since the building is an expansion of what is approved in 2006. Dennis Galvin agreed that a D2 variance is required. John Jackson then stated that the applicant is now requesting outdoor balconies and those decks require square footage. John Jackson inquired if Anthony Maltese believed that the decks increase the intensity of the use. The applicant wants to flatten the roof on the two second floor decks and build a third floor deck. Exhibit A-13 entered - 2007 plans for Carousel Inn. Anthony Maltese is not sure of the square footage of the decks but will calculate it. John Jackson commented that third floor decks are not permitted in the SF-5 zone. John Jackson commented that building 7 has increased in volume; building 7 is now 33 feet high when it used to be 15 feet high; where a 2 foot attic existed it is now 8 foot high (third story).

Salvatore W. Santoro, sworn, Professional architect, credentials accepted, stated that he tried to enhance the building with decks. He said that he raised the building up (Unit 7) to give the applicant some room underneath. He said he always raises buildings eight or nine feet no matter what the flood requirement. Chairman Struncius is concerned with the deck on the third floor between the main building and unit #7; it is almost 400 square feet and could be a party deck, he finds it to be an oddity. Dennis Galvin said the Board is looking for a way to maybe soften the impact with what has been built. Exhibit A-14 entered Photos A and B. Salvatore Santoro stated that he never looked at the 2006 resolution. Chairman Struncius commented that building seven was built as a separate unit and it went up as a box. From an architectural viewpoint there are no innies and outies; it does not match the other building; there are concerns about the height.

Mr. Reynolds stated that his concern is the building is only 2.9 feet off the property line and it is just this big wall shadowing the neighboring house. Mr. Kelly inquired if the plans show what exist now. (Yes) Mr. Jackson questioned Mr. Santoro if he was familiar with the 2007 approval. Salvatore Santoro stated he was not part of that approval and was not familiar with it. John Jackson inquired if he knew if there was a code that says that they need 2 means of egress (No).

Paul Trabold, 104 Washington questioned why the home is going to be so high if the utilities are going to be on the third floor. You raised it 9 feet when it only had to be raised 5 feet. Salvatore Santoro said he raised it higher so you can do something underneath like hang your fishing rods and have people hang out. Dennis Galvin stated that when you have a FEMA situation you are only allowed to park vehicles and storage. In this situation you cannot park cars so it would only be storage. You are not allowed to make a man cave under the building.

Jack Campbell 1313 Ocean Avenue Inquired why he did not go back to the 2007 plan. Salvatore Santoro said he was not introduced to that plan. Jack Campbell inquired how he would characterize the changes from the 2007 plan. Salvatore Santoro believes the changes are minimal in square footage and better.

Michael Spader 111 Washington Avenue Feels like some of the numbers do not jive. Clarified the side yard setback.

Mr. Davis inquired about the materials of the decks and the acoustic properties to keep the sound from bothering the neighbors.

John Jackson stated that the applicant does not need an eight (8) foot high attic to put the mechanicals. Salvatore Santoro said he made it eight feet so it would be usable; he believes that you spend all this money to do something that the space should be usable. He explained why the main structure was not lifted. Salvatore Santoro said that he only saw the 2007 plan a month ago.

Chairman Struncius stated the evening is late and from testimony we know that building seven(7) has a massing issue, third floor decking is a concern and we have to watch when the decks get too large. There seems to be a concern about the height from the neighbors. Mr. Reynolds really wants to see some reducing in massing of building 7 since it is 2.9 feet off the property line. Vice chair Reilly really believes that building seven (7) should be reduced. Mr. Schneider also commented that building seven (7) is an issue. Dennis Galvin believes if there was a vote right now it would not be successful.
It was decided by the Board to carry this matter to a future date because of the lateness of the evening and it will give the applicant time to visit the issues at hand.

John Paul Doyle waived the time to be heard until October 31, 2017

Motion by Vice Chair Reilly, second by Mr. Reynolds to carry application 2017-19 1031 Seashore LLC to Wednesday, September 27, 2017 without notice

In favor Kelly, Reynolds, Reilly, Dixon, Schneider, Davis and Struncius
Opposed None
Application carried without notice

Meeting adjourned at 10:55 pm

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

Published September11, 2017 | Board of Adjustment Minutes | 2648

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