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March 20, 2008

MINUTES

The March 20, 2008 Regular meeting of the Board of Adjustment opened at 7:35pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Palisi, Struncius, Moberg and Leonard Alternates: Reynolds and Reilly

Motion by Mr. Wolfersberger second by Mr. Reilly to approve the March 6, 2008 minutes

In favor: Wolfersberger, Palisi , Struncius and Leonard

Motion by Wolfersberger second by Mr. Reilly to approve application #2007-16 of 308 Boardwalk with conditions

In favor: Wolfersberger, Reilly and Palisi

Letter requesting the extension of Resolution #2006-48 of Coastal Points.

Timothy Caughey appeared as contract purchaser to explain why he would like the extension. He detailed the improvements he would like to implement if he was allowed to go ahead with the project. I believe it is easier to obtain an amended application than start the project from scratch, he commented.

Mr. Galvin stated that he would be able to come back with an amended application reflecting the changes. He went on to explain that granting an extension would be allowing exactly what was previously approved.

Mr. Miles – Stated that he would like to proceed with the project as a backup plan if Mr. Caughey is not able to. I believe this is a great project. Both properties are vacant.

Mr. Spagnoli spoke as a co-property owner.

Motion by Mr. Leonard, second by Mr. Reynolds to deny the extension of Resolution#2006-48 of Coastal Points.

In favor: Wolfersberger, Leonard and Reynolds
Opposed: Palisi and Reilly

Extension Denied

Application #2007-23 –Irene & Donald Morgenroth - 216 Parkway Avenue; Block 108; Lot 12 Applicant wishes to erect a second shed (10’ x 14’).

Irene Morgenroth, applicant, sworn. Irene Morgenroth stated;

1. That she needs additional storage space.
2. She would like to keep the shed that is already there to store the patio furniture.


Mr. Leonard inquired why she cannot tear down the existing shed and build a 10’ by 12’ shed. She would not even need to be here.

Mr. Wolfersberger said there are three sheds out back. Irene Morgenroth stated that they are Tupperware sheds. She said they are so small that they are bulging out the side.
Mrs. Morgenroth would like to keep both sheds

Deliberations

Mr. Leonard – I would be in favor if it were amended to have a 10 x 14 foot shed that complied. The other sheds are to be removed.

Mr. Reynolds – I also agree with Mr. Leonard.

Mr. Reilly – I also agree

Motion by Mr. Reynolds to allow a 10’ x 14’ shed and that the other sheds to be removed, second by Mr. Reilly.

In favor: Wolfersberger, Palisi, Leonard, Reynolds and Reilly

Application #2007-24 – Donna Romano – Kiddie -309 Cook’s Lane; Block 105; Lot 4 – Applicant wishes to construct a second story over existing footprint and add a new front porch.

Donna Romano-Kiddie, sworn, stated;

1. Home currently is setback 12’ from stairs to street.
2. 3.91 feet side setback.
3. Shed is one foot off property line. The shed is secured and landscaped.


William Holzapfel, builder, sworn. Front door and steps to be removed and the front yard setback will be improved to 17’.

Mr. Wolfersberger and Mr. Leonard would like to see the shed moved to comply.

Mr. Reilly inquired about the tree in the rear and Donna Kiddie replied that the tree has recently been trimmed and is to remain.

Deliberations

Mr. Leonard – We have some preexisting conditions. I don’t see this as a negative to build up. I personally would like to see the shed moved. I would be in favor if the shed was conforming.

Mr. Wolfersberger - I don’t think this will interfere with anyone’s light or air. I am inclined to vote in favor and would also like to see the shed moved.

Mr. Reynolds – I am also in favor. The back yard has a park like setting.

Mr. Reilly – I think you are making quite an improvement here and I am very happy that you are sitting back a little bit further from the street. I am not as hung up on the shed. You have it very nice in the back.

Motion by Mr. Reilly, second by Mr. Reynolds to approve application #2007-24 with conditions.

In favor: Palisi, Struncius, Wolfersberger, Reilly and Reynolds
Opposed: Leonard

Conditions
1. Addition must match existing home.

Application approved


Application #2007-25 – John & Graciela O’Hara - 1407 Ocean Avenue – Block 18.04;Lot 2 – Applicant wishes to construct a second story over existing footprint of single family dwelling.

Steven A. Pardes, attorney for applicant. Dean Daley, Professional Architect, credentials accepted.

Mr. Daley stated:
1. O’Hara’s have owned the home for one year and it is going to be their summer home.
2. 2 car parking garage
3. Enclosed front porch.
4. Three (3) bedroom structure built in the 1930’s.
5. Preexisting non-conformities are side and front yard setback.
6. Front porch will remain.
7. Building height is 29 feet at front elevation.
8. Home will be sided with vinyl cedar impressions.
9. Second floor will be setback approximately 18 feet.
10. The will be no new non-conformities.
11. Dean Daley stated that the land slopes in the rear of the property.

Mr. Palisi brought into question if the building is “Three” floors due to the uniqueness of the garage being under the rear of the home and located below grade. Mr. Galvin stated that sometimes you make interpretations during bulk variance applications. Mr. Struncius believes that conservatism is the way to move forward. Mr. Palisi stated that if he were on the lake looking at the rear of the home that it would appear to be 3-stories.

Audience questions/comments

Frank Niebuhr, sworn – Neighbor, questioned where the central air condensers would be located. Dean Daley replied that they would probably be located in the rear under the porch.

Deliberations

Mr. Leonard – My first concern was the height of 28 or 29 feet just 4 feet off the side walk. Now that it is sitting back I am in favor. Not increasing the non-conformities. I do believe that this is a three story structure. In favor

Mr. Reilly – I too am in favor of the application. You really can’t do much about the existing conditions. I think it will be an improvement to the neighborhood.

Mr. Struncius - I agree with everything that has been said. I will again look to the board with one of the things offered for a finish. When you can get cedar impressions it adds to a home.

Motion by Mr. Reilly, second by Mr. Wolfersberger to approve application #2007-25 with conditions.

In favor: Palisi, Wolfersberger, Struncius, Leonard, Reynolds and Reilly
Opposed: None

Conditions

1. Home is to be sided with cedar impressions
2. Garage is not to be used for habitation
3. Home is to comply with FEMA regulations



Application #2007-22 – Thomas & Mona Waivada, 13 Trenton Avenue. Block 81; Lot 8. Applicant had previously received a variance to construct a deck that exceeded building coverage. Applicant wishes to construct addition over deck.
Applicant requested to carry to April 17, 2008 without notice

Motion by Mr. Leonard, second by Mr. Reilly to carry application #2007-22 to April 17th, 2008 without notice.
In favor: Palisi, Wolfersberger, Struncius, Leonard, Reynolds and Reilly
Opposed: None


Meeting adjourned 9:15pm


Published April04, 2008 | Board of Adjustment Minutes | 537


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