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October 15, 2009

Minutes

The October 15, 2009 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. Wolfersberger, Mr. Spader and Mr. Leonard Alternates: Mr. Reynolds, Mr. Ardito, Mr. Reilly, Mr. Kelly and Amanda Mercuro

Motion by Mr. Reynolds second by Mr. Ardito to approve the minutes of September 17, 2009.

In favor: Reynolds, Ardito and Kelly
Opposed: None


Motion by Mr. Reynolds, second by Mr. Reilly to grant the extension of Resolution #2008-03 of John Christoudias to November 15, 2009.

In favor: Kelly, Reynolds, Struncius, Reilly, Ardito and Mercuro
Opposed: None


Application #2009-18 – Robert A. Quintus - 412 Broadway – Block 161; lot 4.03 – Applicant wishes to extend existing first and second floor decks. Mr. Quintus is looking to cantilever his porch out three feet to extend his deck. Ms. Mercuro inquired what type of brackets he would be using. Mr. Quintus replied that he is not sure which brackets he will be using. The brackets are strictly aesthetic. Ray Savacool commented that it depends on the size of the floor joist as to whether brackets are needed. Mr. Quintus reiterated that it will be built to code. The board will want to see the brackets before Memorialization of the resolution.

Deliberation

Mr. Kelly – It is a very neat and attractive property. I was surprised how small the deck was and I do not see three feet making an impact.

Mr. Reilly – I do not see this being a major change either as long as we get have the condition that we get to see what it will look like .

Mr. Reynolds – I also do not have a problem. I think if the brackets are done right it will look nice.

Mr. Ardito – With the conditions stated I also do not have a problem.


Conditions

1. Deck railings will be made from composite treks or vinyl.
2. Shed to be removed.
3. Applicant is to supply drawing of deck railing and brackets prior to Memorialization.
Motion by Mr. Reilly, second by Mr. Reynolds to approve #2009-18 with conditions.

In favor: Kelly, Reynolds, Struncius, Reilly, Ardito and Mercuro



Application #2008-33 – Alison and Robert Ingenito - 1103 Gowdy Avenue in Point Boro –

Applicant is appealing the Zoning Officer’s ruling on property located at 1026/1028 Gowdy Avenue owned by William and Carolan Ammirata. Applicant is appealing the interpretation that the home occupation use at 1026/1028 Gowdy Avenue is permitted by Ordinance without a need for variance approval by Zoning Board of Adjustment.

Mr. Reilly has signed a certification stipulating that the listened to the entire recording of the prior meeting.

Michael Wenning attorney for applicant.

Exhibits Entered for this meeting –

A-3 Yoga meditation flyer
A-4 2 pages of itemized tape log of DVD’s
A-5 DVD marked 2008
A-6 DVD marked 2009

JJ – John Jackson
SI – Scott Ingenito
CA – Carol Ammirata


John Jackson questioned proceedings. He was under the impression that Mr. Ingenito had finished his testimony at prior meeting. Ben Montenegro agreed but said that it was up to the board to make that decision on whether they will here continued testimony. Michael Wenning said the additional testimony will show traffic at subject property. John Jackson withdrew he objection.

Scott Ingenito applicant, introduced flyer (A-3) for Yoga property at subject property. Then Board viewed DVD’s of video of Ammirata’ s home while Scott Ingenito narrated. Steve questioned if this was all the video he took and Scott Ingenito replied it wasn’t; he edited the video. Scott Ingenito complained that people are always parking in front of his home.

John Jackson asked Scott Ingenito if he video tapes the Ammirata’ s a lot. Scott Ingenito asked him to define “a lot”. John Jackson said are there days that he video tapes all day? Scott Ingenito said there are a few days that he taped all days. John Jackson inquired if he has tape recorded people without their knowledge? Scott Ingenito said he recorded people that he thinks lie. John Jackson inquired if he has ever had verbal altercations with any of the visitors at the Ammirata’s? Scott Ingenito replied that he has never talked to anyone. John Jackson inquired if they have documentation that shows people at the home 5 -7 days continually. (SI) No JJ inquired what he considered excessive traffic. SI did not reply. JJ inquired if two parents with three children lived in that home if SI thought that would be excessive for the home? SI – NO
JJ inquired if a teenager bouncing a basketball would be more of a bother than one person walking into the home. SI said that would be something he would have to put up with.

John Jackson described the hypothetical driving scenario of a family of five (5) living in the home compared to the existing home occupation.

John Jackson inquired if his work van is parked at his home? SI – yes SI asked if someone is keeping count? JJ asked SI how many time he leaves the home a day. SI replied that he does not know.

Scott Ingenito commented that he spoke to Elaine Petrillo on numerous occasions and that she changed her answer as to how many people are allowed in a home occupation business. Steve Ardito inquired if there is a set amount of people allowed. John Ernst replied that there is not a set number.

Ben Montenegro stated there is not a set of rules stating an exact number of people allowed at a home occupation. Referenced A-2(Petrillo letter) dated October 29, 2008. It only states that it should not create excessive traffic. Mrs. Petrillo states that the home occupation in question falls within those guidelines. John Jackson states that the original home occupation permit was issued in 2003.

Carol Ammirata, applicant stated that she resides at 1026-1028 Gowdy Avenue. She stated that 1026 has TV’s and toiletries in both homes. CA replied that the only thing she does not do in 1026 is sleep. She went on to explain the history of the property which has been in her family for years. Both homes are utilized for family functions. Her children also sleep there on occasion. CA stated that she does not have any signs on the home. She also teaches at Gold’s gym three days a week at 6am and returns to her home by 8am. She stated that she has no clients at her home on Tuesday, Thursday and Sunday. She produced her business log documenting the traffic at the home occupation. Her business averages 25 people per week and does not generate noise.

O-3 Exhibit 2006 log – 25 clients per week average
O-4 - 2007 log
O-5 - 2008 Log
2007 log – 25 clients per week average
2008 log –

CA stated that Pilates as a home based is a smart move. It can be done in a small space and does not generate noise. This is our life support system. My husband is retired and I am the only one working. CA stated that Scott Ingenito has commercial deliveries at his home and she stated that his wife has an employee at their home.

Exhibit entered
O-6 – pictures A-1 through A-10
A-1 Pilate’s equipment in dining room
A-2 Closet with clothes
A-3 Living room
A-4 backroom Athletic clothes and personal stuff
A-5 Kitchen
A-6 Steps
A-7 couch
A-8 Master bedroom – Mat class
A-9 Chair and couch – hangs out and reads ther
A-10 Bathroom

CA said she had no problems since they started the home occupation in 2003 until two years ago. The first problem was he asked them not to park on the public street by his house. Mr. Kelly questioned if they ever considered abandoning the right to rent the second home. John Jackson said that abandoning the right to rent might affect the home occupation. Mr. Reilly inquired if Scott Ingenito requested anything besides not parking by his home. CA - No

Michael Wenning redirected. He inquired if she was personal friends with Elaine Petrillo. CA – No. She met her for the first time in 2003 when she went to apply for a home occupation license. The only time that she had a third party at her home was for the Yoga meditation weekend. Michael Wenning reviewed her client log.

Motion by Mr. Reilly second by Mr. Ardito to carry application to November 5, 2009 without notice.

In favor: Wolfersberger, Spader, Leonard, Reilly, Reynolds, Ardito and Kelly

Meeting adjourned at 10:30PM


Published November09, 2009 | Board of Adjustment Minutes | 890


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