September 16, 2021

September 16, 2021

 

The September 16, 2021 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. Kelly, Mr. Dixon, Mr. Loder, Vice chair Reynolds, Mr. Pasola and Ms. Crapser

Absent –   Struncius, Schneider, McGee, Davis and Villani

Also, present –Karen Mills, Clerk, Dennis Galvin, Board attorney and Ray Savacool, Board Engineer

Court Reporter – Denise Sweet

 

Memorialization of Minutes

Motion by Mr. Loder, second by Mr. Dixon to memorialize the minutes of August 19, 2021

In favor:  Loder, Dixon and Kelly

Opposed:  None

 

AGENDA

Application #2021-22 – Gio/Angela Debari – 217 Harvard Avenue – Block 154; Lot 12 – Applicant is requesting two variances for house lift – 4.3-foot side yard setback and 38.2% building coverage where 30% is allowed.

John Jackson, attorney for applicant, reviewed variances requested. Power Point presentation entered as A-3. Applicant is looking to raise home to comply with FEMA regulations and is requesting a few bulk variances.

Daniel Governale, Professional architect, credentials accepted. Currently home is one and a half story – requesting to make home more livable by adding bathroom and bedroom and creating a full second floor. No height variance is required.

Ray Savacool explained to the Board why a variance is needed.

Coverage is at 57.6% impervious coverage. Mr. Loder is concerned with the excessive coverage due to FEMA over view. Mr. Loder would like to see the shed removed and Mr. Pasola has no issue with the shed.

No audience questions

Deliberations

Kelly – Happy to see another house being raised. It will be an asset – good luck with the deck. I have no problem with this application or the shed.

Loder – I see a couple of variances being deminimis but would like the shed removed. Will not be in favor if shed remains.

Dixon- Impervious coverage of 57% is quit a bit over – would like the shed removed.

Pasola – Big improvement to the neighborhood. Impacts the surrounding properties in a good way. I know what it is like to live without a shed. It is existing so I have no problem with the shed.

Crapser – I think the house is beautiful. I am in favor.

Reynolds – I believe the shed is needed. The house will be FEMA compliant- has no problem with this application.

Motion by Mr. Pasola to approve application2021-22 of Gio and Angela Debari, second by Mr. Kelly,

In favor: Kelly, Paola, Crapser and Reynolds

Opposed:  Loder and Dixon

Application approved with conditions

Condition

  1. Landscape plan is to be submitted to board engineer prior to permits for review.

 

2021-17 – Ralph Lamanna – 70 Inlet – Block 176; Lot 10.01 – Applicant installed a shed, patio and shower without permits. Impervious coverage 94.51% Sheds not permitted in MC Zone

(Application carried from July 15, 2021 with notice)

John Jackson attorney for applicant, reviewed application and explained the circumstances of why they are here. Power point presentation entered as A-3. The applicant replaced deck and installed fence and shed which triggered some variances.

Joe Kociuba, Professional Engineer/Planner, credentials accepted, reviewed requested variances. Google map shows previous wood deck; deck is now concrete. Two variances are for the shed and impervious coverage of 94.5%. 300sf of increased impervious coverage. Believes if you use stone, because of the pitch, if it rains the stone will end up in the street. There are limited choices on how to improve the coverage percentage.

Mr. Kelly inquired if all the changes were made without permits?  (Yes)Mr. Kelly stated this is a forgiveness application. If you had applied for permits, we might not be here. We don’t even have a current survey. 

Mr. Pasola inquired if the shower was also done without a permit? (Yes)

Ms. Crapser inquired on the size of the previous wood deck.  (About 12 by 24)

Vice chair Reynolds stated we will judge this like you are just requesting it.

Applicant is willing to reduce impervious coverage. Moving the shed to a compliant location would put it right in the middle of the yard. The backyard is only 14 feet deep.

Joe Kociuba believes the size of the lot creates a hardship and he believes this can be granted under C2 for the hardship.

Audience questions

Claudio Ripoll, neighbor – 70A Inlet Drive – submitted an as-built entered as exhibit N-1. Is not against the concrete, but would like the fence caddy corner for safety and site line. It is hard for the rear neighbors to navigate and see with the fence on the property line.

Nina Halter, 58A Inlet Drive – If the shed/fence was moved, they would be able to access their 3rd parking space. The new fence keeps them from maneuvering. Nina stated the prior fence was off the property line since they moved there in 2000. Mr. Pasola questioned if the fence was moved would that help you?  Nina Halter stated it would help immensely.

Ray Savacool stated the neighbor must be using the applicant’s property to access the parking – how is that fair.

            

Jackie Bodicevic – We haven’t been by all summer because it is difficult to get in. You cannot see around the fence.

Christine Ricca, 68 Inlet, sworn – We share that driveway- any change would affect us both – it would have to be an equal decision. I would want to have some say in how that happens. Also, the fence creates a blind spot, ask the mailman. It is dangerous just to walk. The fence angle needs to be cut for safety. We all share parking and want to do this right.

Joe Kociuba stated they could remove the macadam in the front and replace with impervious pavers. It would be more than removing the concrete in the rear.

Conditions

  1. Fence in corner will be reduced to 4 feet high and the shed will move 2-feet to the south.

John Jackson does not want to go forward until they have a seventh board member since it is a use variance that requires 5 positive votes.

Motion by Mr. Loder, second by Mr. Pasola to carry application 2021-17 of Ralph Lamanna – 70 Inlet – Block 176; Lot 10.01 to October 21, 2021 at 7:30pm without notice.

Meeting adjourned at 9:25pm

            Attest: Karen L. Mills, LUA

                         Clerk of the Board