August 18, 2005

MINUTES

The August 18, 2005 Regular Board of Adjustment meeting opened at 7:45pm. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were Board Members: Simon, Wolfersberger, Tooker, Leonard and Dyer Absent: Moberg, Struncius, Palisi and Cangelosi.

Unanimous vote by the Board to have Mr. Wolfersberger act as chairman in Mr. Moberg’s absence.

Application #2005-18, of Dominick and Prudence Fiumano, 210 New Jersey Avenue, was memorialized with the following vote.

Vote: Simon, Tooker. Wolfersberger and Leonard……………………………………………………………………….Yea

Application #2005-38 of Thomas and Patricia Bahmer 210 Carter Avenue was memorialized with the following vote.

Vote: Simon, Tooker, Wolfersberger and Leonard……………………………………………………………………..Yea

Application #2005-13 of Paul Wolf, 207 Trenton Avenue was memorialized with the following vote.

Vote: Simon, Tooker, Wolfersberger and Leonard……………………………………………………………………….Yea

Application # 2005-06, John and Melissa Colvin, 114 Trenton Avenue was memorialized with the following vote.

Vote: Simon, Tooker, Wolfersberger and Leonard……………………………………………………………………..Yea

Application #2005-01, Marilyn Rouvrais, 419 Carter Avenue, Block 13.03, Lot 10; Applicant constructed 4′ x 16′ platform with stairs in rear of existing single family dwelling after final C.O. Marilyn Rouvrais sworn, stated that in 2002 she received a variance for her home. Original stairs encroached in rear setback. New deck constructed put her over lot coverage. Mr. Wolfersberger inquired if it was a sitting area. Marilyn replied no, that it is just a small platform with stairs. Marilyn Rouvrais submitted pictures entered as A-1 and A-2, showing the platform. Mr. Simon asked if she was in compliance with everything. She replied that she believed she was.

Deliberations:

Dyer: Change is minimal percentage above lot coverage. I would be in favor. Wolfersberger: I feel calculations are incorrect. I do not see how a 4 ‘ x 16’ deck is 4%. I would be in favor.

Motion by Dyer, second by Leonard to approve application #2005-01

Vote: Simon, Tooker, Wolfersberger, Leonard and Dyer……………………………………………………………………Yea
Opposed: None

Application #2005-16, James Colonna and Deborah Loomis, 402 Richard Avenue, Block 156, Lot 19; Applicant wishes to expand the existing half story to a full story single family dwelling with new front porch. James J. Colonna, sworn. Seeking to expand second floor bathroom, new siding and new deck. Mr. Colonna stated that he does not believe his improvements will have a negative impact on his neighbors. Deck will be the length of the home and coming out 6 feet. Wolfersberger: Is concrete preexisting? Colonna: Yes Wolfersberger: What will the railing and deck be made of Colonna: Pressure treated wood Simon: We are not wild about untreated pressure treated wood in front of the house Colonna: Would white vinyl be better Wolfersberger: Yes Dyer: How long do you estimate that deck to be? Picture taken by James Colonna in June 2005,entered as A-1, showing the front of the home. Dyer: You do have existing stoop. Mr. Collona: Yes Mr. Leonard: How are you getting off the deck. I do not see any steps. Where are they and where will they be. Because now you are coming closer that 13 feet. Mr. Dyer: We want you to be clear because you will be held to the conditions of the resolution. If we approve that you cannot come closer than 13 feet you will have to put the stairs somewhere else. Mr. Colonna: Whatever I do I will not come closer that 13 feet. Mr. Galvin: How far does your neighbors’ home come out? Mr. Colonna: I am not sure. Mr. Wolfersberger: I rode by and their neighbor does not come out nine feet. Mr. Dyer: I would be concerned with something coming out 10 feet towards the street. Mr. Colonna: I will ask for 13 feet and we will make it work. Mr. Dyer: What is the length? We need some kind of number. Mr. Simon: Is the floor going to be the same height as the concrete? Mr. Colonna: Same height. Mr. Wolfersberger: The setback that you have now is not 19 feet. You are not going to cover the porch. Mr. Colonna: No Mr. Simon: If he maintains the height of the existing stoop, I do not think it is the end of the world. I do not want to see the whole porch out 8 feet, but if it is only the stoop coming out 6 feet, I would be fine with that. Mr. Wolfersberger: 13 feet is my max no matter how many stairs you have. Mr. Galvin read conditions: I have the front yard setback will not exceed 13 feet except for 2 steps. Applicant has agreed to cover pressure treated wood with white vinyl. 6.5 x 36 without steps, Porch not covered, trees not removed. Mr.Galvin: Will the deck affect you neighbor’s light and air. Mr. Colonna: No Mr. Colonna also stated that he would end the deck at 13 feet and put the steps somewhere else.

No audience questions

Deliberations
Mr. Dyer stated that in the future if he applies for a variance he should have accurate numbers. The Building Department has to uphold the resolution. I think your dimensions are wrong. Mr. Leonard: I think you should stay within the 13 feet. I would be in favor Mr. Wolfersberger: I think 13 feet is reasonable, uniqueness of a corner lot. I think it will be an improvement. I believe it will not affect the neighbor’s. I am in favor. Mrs. Tooker: I have no problem with it.

Conditions: Deck is to be made of treks and pressure treated lumber covered with white vinyl. Front yard setback will not exceed 13 feet. Porch is not to exceed 36 feet in length. Porch is not to be covered. Trees may be trimmed but not removed.

Motion by Mr Leonard, second by Mr. Dyer to approve application #2005-16 with conditions.

Vote: Simon, Tooker, Wolfersberger, Leonard and Dyer…………………………………………………………….Yea

Application #2005-17, David A. Bates, 411 Yale Avenue, Block 162, Lot 12; Applicant wishes to reconstruct new stairs and a deck in the front yard.
David Bates, Sworn. He states he is putting a simple wooden deck in front of the house. Decking materials will be pressure treated stained wood. Mr. Dyer: How far will the deck come out? Mr. Bates: 5 feet. The whole deck and stairs will be about 7 feet from the house. Mr. Dyer: It will be 9 feet from Cornell. Mr. Galvin: The application says eight feet. Mr. Simon: The property line is inside the sidewalk. Mr. Simon: Why do you want the deck? Mr. Bates: So my mother can sit on her rocking chair and watch the fireworks. Mr. Leonard: Will there be a roof on the deck Mr. Bates: No Mr. Leonard: This will not block anyone’s light or air. Mr. Bates: No Mr. Wolfersberger: My concern is we get very cavalier about changes. We start getting too close to the street. Mr. Dyer: I asked you if it would come out to the end of the stairs and you said yes. The stairs will bring it out further. I would like to keep it at existing distance. Mr. Bates: It would not be big enough to put a rocking chair on. Mr. Wolfersberger: You can put a chair on a 6-foot deck. Mr. Bates: I can stick with 7 feet. Mr. Galvin: Is there a possibility of putting the deck somewhere else Mr. Bates: Negative There are no other entry ways. Mr. Galvin: The problem is how close do we want structures to the road. Mr. Bates: There used to be a big bush there Mr. Leonard: A bush is not a permanent structure. Mrs. Tooker commented the home next door is pretty far away and sitting at a different angle. Mr. Bates: When you put a railing on a 6 foot deck it does not leave much room.

Audience Questions: Robert Solt, Ocean Avenue inquired which one was the Bates home. He also inquired if the steps are 12" high as the drawings depicted.. Mr. Bates replied that they would be normal height.

Deliberations

Mrs. Tooker: The house is really by itself. Sometimes that little extra space makes a big difference. Mr. Leonard: I would like to see it come out no further than where the steps are now. I wouldn’t want to see it encroach any further. Mr. Dyer: I would not be in favor of the application as it stands. Mr. Simon: I am in favor Mr. Wolfersberger: I to have a concern about the 9 foot setback. I think it would an improvement to what exist. I will be deliberating until we vote.

Motion

Motion by Mrs. Tooker, second by Mr. Simon to approve application #2005-17 with the following conditions: Setback is to be 9 feet from Cornell, porch with steps is not to exceed 16 feet in width, porch is not to be covered.

Vote: Simon,Tooker and Wolfersberger……………………………………………………………………………………………Yea
Opposed: Leonard and Dyer……………………………………………………………………………………………………….Nay

Meeting adjourned at 8:55pm