THE MEETING OF THE
ZONING BOARD OF ADJUSTMENT was called to order at
The Pledge of
Allegiance followed.
ROLL CALL:
KAMINSKI,
CAFFREY, KUHLMAN, STILES, STOKES, SPARK, WARK ABSENT: NOVAK, WASHBURN
Alternate Stokes was asked to be seated for tonight’s meeting.
APPLICATION ZB 07-01
FOURLAPS
Proofs of service were marked as exhibit A-1, the application was marked as A-2 and the survey
was marked as A-3. Board attorney, Charles Hutchinson, explained to the Board why this is being
heard by this Board when it went to the Planning Board first. He explained the requirements and
why the application doesn’t meet these conditions and why a variance and site plan approval is
required. Attorney for the applicant, Marc Spielberg, explained the application and the plans for a
B&B with an upstairs apartment for the owner. Parking was mentioned and the nine space they
feel they have. Ten are required. They want six rooms for rent. They’re asking for one space
variance. Emma Lapsansky was sworn in and gave testimony. The Board’s engineer’s letter was
entered as B-1. Ms. Lapsansky testified that she hoped to buy this property but needed a variance
for parking. She needs the requested rooms in order to make it work financially. Building changes
were reviewed as was personnel requirements.
will be minimal. Only breakfast will be served. There are no restaurant facilities.
The Board’s Engineer’s letter was reviewed. The size of parking spaces was mentioned. There will
be approximately four garbage cans and if they need more they will have it picked up privately.
Outside lighting and landscaping was discussed. They will have down lighting on the decks. A
lighting plan was entered as A-4. The Board members questioned the number of rooms and
parking. A site plan was entered as A-5. Handicapped parking is a requirement and a space needs
to be dedicated. This could be a problem. Signage is a concern. The applicant replied that signs
would be on the building and comply with all regulations. Parking is still a problem.
Mr. .Kaminski moved to open the meeting to public comment. This was seconded by Mr. Kuhlman
and concurred by all. John Patterson was sworn in and testified that this building is almost in his
backyard and this B & B would diminish the value of his property. Noise could also be a problem.
He is opposed to this change of use. He feels that the tax base would suffer with this diminished
value. He stated that this will be a DMZ zone with a lot of problems. The Board questioned him
and drainage was mentioned. John Alchus, who lives across the street, questioned the talk of real
parking and legal parking. The operation of a B & B was discussed as was the possibility of
needing more parking. He is opposed to this change as this is not the intended use for this building.
Bob Leedman has the same feeling that this building is suited for a single family and not a B&B.
He asked if this could happen to more buildings in town. Dave Bossi said he knows the Board has a
difficult decision to make. This building is in a commercial zone and that all who own there know
that they brought in that zone. This is a commercial street. John Alchus responded that this is a
variance for a change of use and they are opposed to this change. There being no further comments
from the public, Mr. Wark moved to close the public portion of this hearing. This was seconded by
Mr. Stokes and concurred by all.
Board Attorney, Charles Hutchinson stated that this is a permitted use in this zone if they meet
code. But they do need a variance in this case. Mr. Stokes said this B&B would employee kids in
town. Mr. Wark said this variance seems to be need to make this project financially feasible. It
looks like it should have less impact. Mr. Hutchinson suggested that the Board could approve but
limit the units to five. Mrs. Spark would like to see revised plans. This application could be
approved, denied or continued. Mr. Stokes moved to approve however, there was no second. Mr.
Kaminski moved to approve with the condition that there be five units with one resident unit. Mr.
Stiles seconded the motion. It was again stated that new plans were needed. Ms. Lapsansky stated
that her Agreement of Sale expires as does her financing and she might as well not go ahead. The
motion was then changed to deny by Mr. Kaminski, seconded by Mr. Stiles and concurred by all.
MOTION: KAMINSKI
SECOND: STILES
AYES: WARK, SPARK, CAFFREY, KAMINSKI, KUHLMAN, STILES
NAYS: NONE ABSTAIN: STOKES ABSENT: NOVAK, WASHBURN
OTHER BUSINESS: Chairman, Nancy Spark reminded all Board members that they must turn in their Financial Disclosure forms as soon as possible if they haven’t already done so.
OPEN PUBLIC SESSION: On a motion made by Mr. Kaminski, seconded by Mr. Wark and concurred by all, the meeting was opened to the public. There being no public comments Mr. Wark moved to close the public portion. This was seconded by Mr. Stokes and concurred by all.
THERE BEING NO FURTHER BUSINESS BEFORE THE ZONING BOARD OF ADJUSTMENT, ON A MOTION MADE BY MR. KAMINSKI, THE MEETING WAS ADJOURNED.
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Nancy A. Manookian, Board Secretary