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August 16, 2007


The August 16, 2007 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: Chairman Moberg, Mr. Palisi, Mr. Wolfersberger, Mr. Simon and Mrs. Tooker Alternates: Mr. Leonard, Mr. Reilly and Mr. Reynolds

Application #2005-38(2) Massood - Letter to amend building coverage .03% for rear stairs and extend.

Motion by Mr. Wolfersberger, second by Mrs. Tooker to memorialize the action and vote amending application #2005-38.

In favor: Wolfersberger, Tooker and Chairman Moberg
Opposed: None

Application #2006-54 – George Walsh, 103 Atlantic Avenue, Block 63, Lot 2; Applicants property currently has a variance that allows five (5) apartments. Applicant would like to reduce the number of apartments to four (4) and utilize habitable attic space. Applicant would like to enclose existing wood porch and existing upper balcony on west side to be included in apartment's habitable space.

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the action and vote approving application #2006-54.

In favor: Simon, Wolfersberger, Moberg, Tooker, Reilly, Leonard
Opposed: None

Application #2007-03 – Dennis & Denise Gesumaria, 415 Richard Avenue; Block 161, Lot 21; Applicant wishes to add a second story to existing single family dwelling and install a 15 x 27 foot in-ground swimming pool.

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the action and vote approving application #2007-03 with the following change to the conditions - #8 shall read “pool mechanicals shall be more than 5 feet off the property line”.

In favor - Simon, Wolf, Tooker, Leonard and Moberg
Opposed -none

Application#2007-07 – Jim Liotta, 317 Central Avenue, Block 107, Lot 9; Applicant proposes to continue the existing residential use of the subject property. Two dwellings currently exist at the site and applicant is proposing demolition of one of the existing dwellings and the construction of a new dwelling in its place.

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the action and vote approving application #2007-09 of Mr. Liotta with condition.

In favor – Wolfersberger, Simon, Tooker, Leonard, Reilly and Chairman Moberg
Opposed: None

Letter from John Amelchenko Re: #2005-32 Land's End Condominium Association – Previously approved for 8 unit expansions. Two (2) units on the Far East are requesting to be excluded from the expansion. Building coverage will be reduced 2.2%. Distance from Utility building will be increased to 12 feet from 3 feet. Will not be an adverse effect aesthetically.

Motion by Mr. Leonard, second by Mr. Reilly to amend Resolution #2005-32 to omit two (2) two easterly units from resolution.

In favor: Simon, Wolfersberger, Moberg, Tooker , Leonard and Reilly
Opposed: None

Letter from Anthony Haddad Re: #2006-10 Requesting Resolution Extension and variance for placement of a/c condensers – Resolution states that a/c units should comply with hotel/motel regulations which would be 15 feet off the property line. That would put the condensers in the middle of the parking lot. Applicant is requesting to place condensers on 5 feet off property line on east side. Mr. Galvin explained that if this requires a variance that the applicant will need to notice and come back. The smartest thing to do is carry this request and have the applicant notice.

Motion by Mr. Reilly, second by Mr. Leonard to grant the extension of resolution #2006-10.

In favor: Simon, Palisi, Wolfersberger, Tooker, Leonard and Reilly
Opposed: None

Application-#2007-06 - White Sands Hotel, 1106 Ocean Avenue, Block 29.01; Lot 1; Applicant previously was approved for an 870 square foot permanent retractable pool enclosure. Applicant wishes to increase the size of the enclosure over entire pool area.

Robert Shea, attorney for the applicant. Unfortunately Mr. Yezzi, Professional Planner will not be able to attend the meeting due to the health of his son. Applicant attempted the previous enclosure and realized there were many safety issues. Applicant went back to the drawing board and came up with the enclosure presented to you. Concept is the same; for patrons in the hotel; used April through November. Receptions will not be taking place in the enclosure. Enclosure is stronger and is a fixed structure.

Frank Chiaia, Applicant stated that the concept is that there will be a fixed portion of the canopy over the ramp and walkway. The part of the canopy over the pool will retract when the sun is out. There will be no walls; just a plastic enclosure to protect the patrons from the elements. The pool is heated; the enclosure will not be heated and the pool will be closed at the end of November through March. Mr. Palisi stated that this is a football dome that has the ability to open on Sunny days. In other words it is a closed structure that has the ability to open. Mr. Shea: correct. Mr. Chiaia said that all it is a plastic filler; there are no walls involved. Chairman Moberg inquired that since this is an enclosed structure will we have to start looking at setbacks? Mr. Shea replied that those issues were not called out. Mr. Savacool replied that it is within the setback. Mr. Palisi inquired if we were viewing it as a temporary structure? I like to deal with black and white and define this for what it is. Mr. Chiaia replied that the use is the same as prior application. Chairman Moberg stated that pools are no longer included in building coverage but wondered if it would change since the pool is now enclosed? I still need to hear testimony from the engineer and planner.

Motion by Mr. Reilly second by Mr. Palisi to carry application #2007-06 to September 6, 2007 without notice.

In favor: Simon, Wolfersberger, Moberg, Tooker, Leonard, Reynolds and Reilly
Opposed: None

Application - #2007-07 – Elie & Pierre Chedid, 103 Forman Avenue, Block 68; Lot 2; Applicant is seeking to renovate the existing structure to provide for six condominium units on three floors with an associated elevator. John Jackson, attorney for applicant. Revisited applicant’s intention to update rundown rooming house while reducing existing density. Applicants have redone previous drawings and reduced it to 3 units. Mr. Galvin explained that the Board cannot be tested and probed and the new drawings should have been received 10 days prior to hearing. Chairman Moberg explained that without anything to look at it would be a waste of the board’s time. This is the third plan and Chairman Moberg said when the applicant decides which plan they want to go forward with the applicant should submit it within the proper time the board will review it.

Motion by Mr. Palisi, second by Mr. Reilly to carry application #2007-07 to November 1, 2007 with notice.

In favor: Simon, Wolfersberger, Moberg, Tooker, Leonard, Reynolds and Reilly
Opposed: None

Meeting Adjourned

Published September27, 2007 | Board of Adjustment Minutes | 460

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