THE MEETING OF THE
ZONING BOARD OF ADJUSTMENT was called to order at
The Pledge of
Allegiance followed.
ROLL CALL:
CAFFREY, KUHLMAN, STILES, KAMINSKI, SPARK, NOVAK, WARK, WASHBURN
ABSENT: STOKES
AT THIS TIME the Chairman asked for a motion to approve the minutes of the May 21, 2007
meeting. Mr. Kuhlman so moved, seconded by Mr. Stiles and concurred by all.
MOTION: KUHLMAN
SECOND: STILES
VOTE: AYES: WARK, SPARK, CAFFREY, KAMINSKI, KUHLMAN, NOVAK,
STILES, And WASHBURN
NAYS:
NONE ABSENT: STOKES
Alternate Washburn was asked to be seated for tonight’s meeting because Mr. Stiles stepped
down due to a possible conflict.
APPLICATION ZB 07-03
ALEX’S INVESTMENTS
Attorney for the applicant, Reginald J. Raban, reviewed the application and the site plan. They are
proposing six apartment condominiums. This would be a conditional use with pre-existing
conditions. They require a special reason variance along with other variances. The applicant’s
architect, Herbert Grana, was sworn in and stated his credentials. The plans were reviewed. Items
that were mentioned in depth were the three required spaces per unit, a small proposed pool, roof
mounted AC, reconstructed stairs, and window placement. Exhibits A-1 site plan and A-2
elevations were
marked. The Board’s engineer’s letter
was reviewed item by item.
backs, density, parking, swimming pool size and placement of mechanicals, refuse containers,
landscaping, fencing, and lighting were all mentioned. The lighting would be maintained as is or as
required, The Flood zone of AO was stated. Additional approvals would be obtained as needed.
The applicants architect said that the proposed use will be less than it presently is and will enhance
the neighborhood. The Board members questions the applicant’s professionals. The size of a
parking space
was questioned. They need to be 9’ X 20’
per space. The spaces on
will be difficult. A planter could be removed to add footage for parking spaces. The placement of
steps was questioned. Encroachment into the street is a problem. A suggestion of eliminating the
proposed pool was suggested by a board member. Mr. Wark referred to the engineer’s letter with
regards to density. Mr. Hutchinson explained what is required. Mrs. Spark asked about renovations
and the percentage that would be required. The reply from the architect is that the Rehabilitation
Codes are being used. The Board asked the applicant’s attorney if changes could bring it into
compliance. It was stated that the space around the pool could be less. Board members said that
dimensions were not clear on the plans and this is a big problem. Handicapped access and parking
spaces were questioned. The reply was that this would be addressed. Rooftop air conditioners and
noise is a concern. The units would be enclosed and noise would be minimal. The contract
purchaser, Darren Buscmi, was sworn in and said that they would eliminate the planters if
necessary. The fencing area around the pool could be 3’ on one side and 2’ on the other. The need
for a pool was questioned. The type of AC units was reviewed. They are high efficiency and are
quiet. You can’t hear them. Parking spaces and the placement of the steps to the second floor are
in question. The applicant can comply.
Mr. Kaminski moved to open the meeting to public comment. This was seconded by Mr. Wark
and concurred by all. Pete Thorndike, Esq asked if he could question the applicant. Board attorney
replied not
now. Peg McGann,
Street being a designated truck route has not been mentioned. Children being by the pool and
traffic scares her to death. She questioned the proposed lighting, pool hours, and parking into the
street. She also stated that comparing this property to the Ebb Tide Motel is not comparable. Kerr
Bantvioglio,
of her property. Exhibits 0-1 thru 0-7 photos and 0-8 a survey, were entered and marked. She is
concerned with density, parking, use of her driveway, noise and mechanical noise. This has been a
vague presentation. Concerns are also with trash cans with the volume and smells and flies. She
went on the review the properties in the area and said that this project seems like extreme use. The
percentage of
ground coverage was questioned. Clint
Hamilton,
and questioned
driveway requirements. The Board
Attorney replied. Vincent Roth, 6 West
17th
Street, was sworn in and stated that he was concerned with the air conditioning on the roof and
noise. He would like to see it on the ground. Joseph Osowski,
has all the
concerns already stated especially with the pool. John Pearce, Pastor of the
variances
required. He questioned if the number of
units could be less. Melissa Mollie, 4
West 17th
Street, was sworn in and asked that when a change of use is requested is that when things need to be
brought up to code. The Board Chairman replied that this is why we’re here. Ms. Mollie went on
to question if the units would or could be rentals and would there rules for pool use and who would
regulate this. She stated that she is not opposed to this application except for the largeness of the
project. Attorney, Pete Thorndike, questioned the applicant’s architect, Mr. Grana in depth. He
asked what municipal documents have been reviewed. The reply was that the Master Plan had not
been reviewed. Existing use, parking spaces, lot size, density amoung other items were questioned.
Ten different variances are being requested. They were reviewed. The quality of life was
questioned. Kitchens, design and layout was reviewed. Occupancy of each unit was mentioned.
The pool enclosure size and placement was questioned as were many other items. Laundry
facilities and sewage facilities were questioned. There being no further comments from the public,
Mr. Kaminski moved to close the public portion of this hearing. This was seconded by Mr. Wark
and concurred by all.
Mr. Little,
Board Engineer clarified several points in his letter. He stated that the
Board approvals would be needed. Several other items were reviewed. He went on to state that this
project had many problems. At this time Board Attorney, Charlie Hutchinson instructed Mr.
Thorndike that he was considered to be making public comments and should sit down and be quiet.
Mr. Raban suggested and then requested holding over this hearing to next month. The Board
members said that they wanted to act on this matter now. The motion was made to deny by Mr.
Kuhlman, seconded by Mr. Novak and concurred by all.
MOTION:
KUHLMAN
SECOND:
NOVAK
AYES:
WARK, SPARK, CAFFREY, KAMINSKI, KUHLMAN,
NOVAK, WASHBURN
NAYS:
NONE ABSTAIN:
NONE ABSENT: STOKES
OTHER BUSINESS: None
OPEN PUBLIC SESSION: On a motion made by Mr. Wark, seconded by Mr. Kaminski and concurred by all, the meeting was opened to the public. There being no public comments Mr. Kaminski moved to close the public portion. This was seconded by Mr. Wark 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.
_____________________________________________
Nancy A. Manookian, Board Secretary