December 1, 2005

MINUTES

The December 1, 2005 Special Meeting of the Board of Adjustment opened at 7:55 pm. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were Board members: Mr. Simon, Mr. Wolfersberger, Mr. Struncius, Mr. Moberg, Mr. Palisi, Mr. Cangelosi and Mr. Leonard Absent: Mrs. Tooker and Mr. Dyer

Motion by Mr. Wolfersberger, second by Mr. Leonard to approve the minutes of November 3, 2005.

Vote: Simon, Wolfersberger, Struncius, Palisi and Leonard………………..Yea
Abstain: Moberg and Cangelosi

Motion by Mr. Leonard, second by Mr. Wolfersberger to memorialize the action and vote approving application #2005-33 of Andrew J. O’Connor, 58 Sanborn Avenue with conditions.

Vote: Simon, Wolfersberger, Struncius, Palisi and Leonard………………..Yea
Abstain: Moberg and Cangelosi

Motion by Mr. Palisi, second by Mr. Leonard to carry application #2005-22 of Wallace and Son’s Property, LLC, 413 Railroad Avenue with notice to April 18, 2005.

Vote: Simon, Wolfersberger, Struncius, Moberg, Palisi, Cangelosi and Leonard…Yea
Opposed: None

Application #2005-39 PLRJ, Inc., 504 Sea Avenue; Block 12;Lot 13; Applicant wishes to construct 1 building containing (7) garden apartments and another building containing a commercial use on first floor with a second floor apartment.
Mr. Simon has stepped down from this application
Steve Pardes, attorney for applicant. Charles Gilligan, professional engineer, credentials accepted. Gilligan reviewed engineers report. It is the old Pizza Hut site. Zone would require 88,000 square feet. Property is an "L" shaped lot, 34,649 square feet. Sidewalks will be added for pedestrian flow. Will modify plan to add cypress, a better buffer. The property does not abut the RR. Ray Savacool stated the HR zone requires a 100-foot buffer to tracks. Charles Gilligan said the property does not abut the RR property. Wolfersberger: Is the parking lot a buffer? Savacool: I believe it is. Wolfersberger: If they move the building they could meet the 100-foot buffer. Savacool: Yes Gilligan: 9 x 18 parking space. 28 parking spaces are required and provided. One site is a condo. Pardes: They will have to provide condo deeds. Cangelosi: Application is doubling density. 88,000 square feet are required, only about 35,000 square feet are provided. Palisi: Is this to be considered a corner lot? Savacool: Good question. Odd shaped lot, common sense kind of call. Gilligan: Building that fronts Sea Avenue will be measured from top of curb on Sea Avenue. Condo units will be measured from top of curb on Charleston. Those are the reference points for measuring height. Separate driveways are the way to go. If you mix the commercial and residential parking the layout would not be as nice. Struncius: Could you go over the garbage scheduling? Galvin: Public Works would have to determine how garbage would be picked up.

No audience questions

Gilligan: Childer’s free standing sign will be internally lit. Mr. Childer’s tried to contact the owner of the adjoining property where the billboard is located to inquire about purchasing it but was unable to reach him. Pardes: Purposed project is going to be 9 units: 7 condos, real Estate office and apartment above. Galvin: How will percentage of ownership be determined? Pardes: Beyond my area of expertise. I believe another attorney has been contacted to create master deed and bylaws. Struncius: Were the Impervious calculations adjusted? Gilligan: All internal sidewalks will be tuned into pavers and we will maintain that we will not exceed 55% impervious coverage. Gilligan: For drainage we are proposing a 24 inch perforated pipe that will recharge the water. Savacool: Entire parcel is in the HC zone. Townhouses are a conditional use. Being a conditional use you apply the regulations of the HR zone. Density is 6 units per acre. Application would require 2 acres, undersized lot. Galvin: You are allowing 10 units where 6 are permitted. Do you want to go to that density? Struncius: Aren’t we creating 2 separate lots? Savacool: That is the questions, commercial over here and residential over there. Gilligan: If you strictly used it for commercial property you could have a 10-foot setback with a commercial use. Palisi: We understand it could be a Burger King. Galvin: What is the square footage of livable space? Gilligan: 14,060 square feet, which is pretty modest. Exhibits entered: A-1- application, B-1- Engineers letter, Design Grading Plan A-3, Aerial Photo- A-4, Colored Rendering/Commercial Building-A-5, Color Rendering Townhouse – A-6.
Andy Thomas, Thomas Planning Associates. Masters in Planning, 12 year’s experience, appropriate license. Credentials accepted. Went on to describe surrounding area as a mix of uses. Application requires two "use" variances. First is for apartment above office. Second is for townhouses. Overall site has unique configuration. He thinks this is a better use of this site then some of the surrounding uses. Apartment will be a two-bedroom apartment. Architecturally you will not be able to tell there is a dual use of building. This application will provide adequate light, air and open space. Cangelosi: Could you describe the buffer area between properties? Gilligan: A continuous wall of Leyland Cypress will be planted for buffer. They grow from 15 to 20 feet high. Thomas: The fronts of the townhouse will face the rear of the SF homes on Maryland. We believe this is more aesthetically pleasing. Leonard: Don’t you usually see backyards facing backyards? Thomas: Usually you do. Pardes: This was given careful consideration. I think this will be more of a attractive appearance for the homes on Maryland Avenue. Palisi: If it was situated back yard to back yard, how far would they need to be set back? Gilligan: What would the minimum setback be? Galvin: 50 feet if it were a rear yard. It does make a difference. If you are going with the "use" you want the best possible design. Could you describe the materials? Thomas: The architect is not here. Palisi: Honestly, this looks liked we are trying to jam as many town homes in as we can. The Office is beautiful. Cangelosi: I agree. It does not seem that the same architecture is consistent across the entire project. The commercial aspect is much more attractive than the residential. Struncius: Can you speak specifically about the density? Thomas: I do not believe it will have a negative effect. Master Plan in 1992 wanted to eliminate Townhouses as a conditional use, but that recommendation was 14 years ago. Not able to find 2 acres in Point Beach to fulfill bulk requirements. Allows 35-feet and 2 stories, these are 35-feet and three stories – 25-foot setback on Charleston and Cincinnati. Density requirements – 6 units for townhouses and 10 for garden apartments per acre. Mr. Thomas feels this is consistent with the multi-units in the area. Unique shape of lot and location makes this a better use. We are not eliminating commercial use of lot. It will not have a negative effect on neighbors or Master Plan. Palisi: From a Planners perspective, who will be buying these homes? Thomas: Basically they would be empty nesters that have homes in Florida. Wolfersberger: We want 7 units on half an acre where 2 acres are required? Pardes: You would be hard pressed to find a two-acre parcel. If you look at what has been developed they all surpass the density requirements. I do not think the board should be second-guessing themselves on past decisions. This is something that works.