December 17, 2020

December 17, 2020

 

The December 17, 2020 Regular Meeting of the Board of Adjustment opened at 7:00pm.  The clerk read the notice of compliance with the “Open public meetings act.” Present were Board members: Mr. Kelly, Vice Chair Reynolds, Secretary Schneider, Mr. Pasola, Mr. Loder, Mr. Davis, Mr. McGee and Chairman Struncius

Absent –   Mr. Dixon, Mr. Spader and Ms. Crasper

 

Memorialization of Minutes

Motion by Mr. Schneider, second by Mr. Kelly to memorialize the minutes of November 19, 2020

In favor:  Kelly, Reynolds, Schneider, Pasola, Loder and Struncius

Opposed:  None

 

Memorialize Resolutions

 Motion by Mr. Kelly, second by Secretary Schneider to memorialize the action and vote approving application – 2020-19 of Loughlin/DeSanto Electric – 1609 Beacon Lane – Block 179.03 /Lot 5.16 – with conditions

In favor – Reynolds, Pasola, Loder, Schneider, Davis and Struncius

Opposed:  None

Motion by Secretary Schneider, second by Mr. Pasola to memorialize the action and vote approving application #2019-40 of Robert/Maryann Ellsworth – 414 Philadelphia Avenue – Block 24/Lot 13 – with conditions

In favor:  Kelly, Schneider, Pasola, Reynolds, Loder and Struncius

Opposed: None

Motion by Secretary Schneider, second by Mr. Kelly to memorialize the action and vote approving application – 2020-20 of Dominic/Dana Santaite – 214 Atlantic Avenue – Block 49/ Lot 13 – with conditions

In favor: Kelly, Schneider, Reynolds, Pasola, Loder and Struncius

Opposed:  None

 

Motion by Mr. Pasola, second by Secretary Schneider to memorialize the action and vote approving application – 2020-21 of Thomas Berry – 312 Atlantic Avenue – Block 50/ Lot 14 – with conditions

In favor: Kelly, Schneider, Loder, Davis and Struncius

Opposed:  None

 

Resolution Clarification

 

 Resolution #2020-04 – Korzeniowski Trust – 1 Delaware Avenue – Clarification of double curb cuts. Mayor and Council want to ensure 2 curb cuts were approved by variance.

 

Motion by Vice Chair Reynolds, second by Secretary Schneider to clarify that the second curb cut was approved by the board by variance.

In favor: Kelly, Schneider, Reynolds, Pasola, Loder, Davis and Struncius

Opposed:  None

Resolution clarified

 

Application

2020-25 – Catherine/Margaret Loughran – 19 Danby Place – Block 121; Lot 5.05 – Applicant wishes to build a new FEMA compliant dwelling requiring bulk variances and a D6 variance for height (27.5 feet).

John Jackson attorney for applicants reviewed application. Power Point presentation entered as A3. The applicants had previously submitted application that was denied. They have made substantial changes to the house. The roof and rear decks were eliminated. Elevator shaft was eliminated. Chairman Struncius asked for clarification

Arnold Boyle, PA, sworn, credentials accepted, reviewed the revised plans. Objective was to design a home for retirement one day. House was designed for handy-cap accessibility. Three pitch on roof was maintained for mechanicals in roof. Air compressor has been moved under the deck. Elevator is a counter weight elevator which is electric driven. Power pack is located on the wall. Arnold Boyle reviewed required variances. D6 variance has been eliminated. Andrew Boyle believes that this design promotes the public good.

No audience questions/comments

Mr. Kelly questioned the fencing on the south side of the property; it is in sad shape.

Margaret/Catherine Loughran, applicants, sworn.

Margaret Loughran stated the fence belongs to Beachcomber Lane Association Condominiums.

Ray Savacool addressed the elevation and how it is measured.

Mr. Kelly is very concerned with the utility pole located behind this structure. He is sure that temporary services will be needed. Mr. Kelly commented that he tried to make a turn driving a Honda CRV and cannot imagine how they will turn around. Wonders how they intend to get out of the building and back down Danby Place because the home will come out further into the driveway area. Margaret Loughran stated that they do back down Danby now. That is the way the area functions.

John Freeman, Professional Engineer, sworn, credentials accepted, reviewed the engineering and variances required. 1.5 feet on North side and 3.2 feet on the south side. A recharge system will be installed.

Ray Savacool stated that the applicant will need a variance for the 51% building coverage.

Margaret Loughran gave testimony on past use of their summer home and why they are looking to upgrade for a future retirement house. Margaret stated that her sister will be safer driving into a garage in the elements; it takes longer to transfer from the driver’s seat into her wheelchair. The plan is to eventually retire here. The house will be built according to what was presented to the board at the time of the hearing. Materials will be cedar impressions in the front, cultured stone and white trim.  (Blue and white)

Audience questions/comments

Robert/Susan Festa, sworn, Beachcomber Lane – Robert Festa would like to see the house be the height that is required for the zone. They listened when they came before the board and followed the rules. We would like the town to be consistent in their decisions.

John Jacksons closing statement

Deliberations

Kelly – All positive changes. Love the idea of the deck being in the front. I am sure that you can do a better job of backing in there. Very serious about the utility pole. Thank you for your efforts this time around.

Schneider – I think Sandy has redesigned that whole area; I think it is a very nice design for a special need’s person. It has a secure garage for a vulnerable person. I am all for it.

Loder – I was down there today. Last meeting there was opposition – on the Sica balancing test – I see the benefit of this application – it is a challenging spot for us to be in. I will listen to the board and make my decision.

Reynolds – Every time we do something down in that area, I remember my first meeting (Reprimanded for calling it the bungalow district). As the application stands today – it is very nice. I think it meets special needs requirements.

Pasola- Compliment the architect by bringing it so close to compliance. I understand the neighbor’s concern’s but every case is heard on its own merit. I believe this will fit in the bungalow section much better than the previous plan

McGee – I concur with my colleagues – things are changing since Sandy. More part time residents becoming full-time residents. I am inclined to vote for this application.

Struncius – I had some reservations and wanted an explanation from the architect. I thought the same house came back with a chopped off roof and wasn’t sure it was enough of an adjustment, but the height came down and the front elevation was adjusted, we are getting parking underneath the house but through the testimony I have come around to accept the plan.

Davis – You covered all points.

Dennis Galvin commented that some of the older houses were higher but the zoning changed to lower the height. The Board has been consistent in not allowing more than a story and a half. This was allowed because of the special need for the elevator for the special need’s applicant.

 

 

Conditions

  1. The overall height of the building at the roof ridge shall not exceed 27.42 feet.

 

  1. The applicant is to request from the power utility inspection and remediation of the power lines on the subject property so as to provide safe and reliable electric utilities on this property and surrounding properties.

 

  1. The applicant will comply with the exterior design on the proposed rendering, including the two-tone color scheme and cedar shake elements as proposed to the Board.

 

Motion by Vice Chair Reynolds, second by Secretary Schneider to approve application #2020-25 – Catherine/Margaret Loughran – 19 Danby Place – Block 121; Lot 5.05 – with conditions.

In favor – Kelly, Schneider, Reynolds, Pasola, Loder, McGee and Struncius

Opposed:  None

Application approved with conditions

 

Meeting adjourned at 9:30pm

Attest:   Karen L. Mills, LUA

               Clerk to the Board