July 26th, 2006

MINUTES

The July 26th, 2006 Regular meeting of the Board of Adjustment came to order at 7:34PM. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were regular Board members: Mr. Simon, Mr. Wolfersberger, Mr. Moberg, and Mr. Cangelosi Alternates: Mr. Leonard, Mr. Spader and Mr. Reilly Absent Mr. Palisi, Mr. Struncius, Mrs. Tooker and Mr. Vacarro

Application#2006-13 – Drew & Joan Ricciardi, 313 Philadelphia Avenue; Block 32, Lot 7;Applicant wishes to remove existing 8′ x 10′ shed and replace with 10′ x 12′ shed, three feet from the rear and side property line. (Carried without notice) Applicant Drew Ricciardi, sworn. Pictures entered as A-3, A-4 & A-5 taken approximately 2 month ago. Applicant stated that if the shed is moved to 5 feet off property line it will encroach on his children’s play room. Shed is located on northeast corner of yard. The larger shed will also enable applicant to store everything in one place. Height of shed is 10 feet.

Deliberations

Leonard – Now that I have seen pictures I think you can move the shed off the fence within code. The property coverage is deminimus.
Moberg – I agree with Mr. Leonard. If you move it off the fence I will agree to the property coverage.
Cangelosi – I appreciate that you came before the board.
Wolfersberger – If you amend the application we will grant the application.

Conditions
1. The Board required that the shed conform to the rear and side yard setback.

Motion by Mr. Reilly, second by Mr. Leonard to approve application#2006-13 with conditions.

Vote: Simon, Wolfersberger, Moberg, Cangelosi, Leonard, Spader and Reilly…………Yea
Opposed: None

Application #2006-29 – Thomas and Sharon Fitzgerald, 117 New York Avenue; Block 43, Lot 9; Applicant constructed a new conforming single family dwelling with the stipulation the garage was to be removed. Applicant now wishes to leave existing garage. Dennis Cantoli, attorney for applicant. Applicant built home at 30% and now wants a variance for 2% to keep garage. Mr. Wolfersberger stated that if they had taken a foot from the house the applicant would not be here at all. Mr. Leonard – I do not see how you could let someone build a home at 30% and then come for a variance. Dennis – yes, Mrs. Petrillo extended a courtesy. Mr. Cantoli – The applicant knows full well that they will have to knock down the garage if they do not get approval. Sharon Fitzgerald – It is a modular and we were so far into it that to go back and have it redesigned would of taken too long. We were at the stage of getting permits.

Mr. Wolfersberger has stepped down from this application.

Mr. Moberg – Looking at this as a hardship case, they are going to make the garage the same as the house with siding.

Deliberations

Mr. Simon – It sounds like a narrow timeline. I have no problem with 31.8%
Mr. Reilly – I do not usually like this kind of process but I take Mrs. Fitzgerald at her word.

Motion by Mr. Reilly, second by Mr. Simon to approve application #2006-29

Vote: Simon, Moberg, Cangelosi, Spader and Reilly…………Yea
Opposed: Leonard

Application #2006-19 – Victor De Luca, 306 Trenton Avenue; Block 70, Lot17; Applicant wishes to construct a new covered front porch. Victor DeLuca, sworn. Pictures entered as A-3, A-4 & A-5. Home will be sided with vinyl cedar impressions and porch will remain open. Front yard setback will remain the same; porch is just increasing in width. Setbacks on block are similar.

Deliberations

Mr. Leonard – Current building coverage is under 30% and will remain under 30%, not getting any closer to the street and is aesthetically pleasing. In favor of application as proposed.
Wolfersberger – I am also in favor of proposed application.
Reilly -Ditto
Moberg – I see no negative impact to neighborhood or community. Benefit to the neighborhood.

Conditions

1. Siding will be cedar impression shingles.
2. Porch is not to be enclosed.
3. Concrete porch will be removed and replaced with trek decking and vinyl railings.

Motion by Mr. Wolfersberger, second by Mr. Spader to approve application #2006-19 with conditions.

Vote: Simon, Wolfersberger, Moberg, Cangelosi, Leonard, Spader and Reilly…………Yea
Opposed: None

Application #2006-27 – Francesco De Candia, 102 Harvard Avenue; Block 132, Lot 2; Applicant wishes to construct a 12′ x 24′ in-ground swimming pool with spa. Leo DeCandia, Sworn. Mr. Burdick’s report states that impervious coverage will be approximately 48%. Burdick’s letter entered as A-3. Presently there is a brick paved patio, which a portion will be removed. Pool mechanicals will be located in a conforming location.

Deliberations

Moberg – Pool acts as a catch basin for water, some concrete is being removed. Town requires and grading and drainage report. Also include mechanicals are to be located on the west side where setback is conforming.
Wolfersberger – 48% OK. Break-even point as building coverage is concerned. Based on what we have here..in favor.
Reilly – I believe the entire layout is well designed.

Motion by Mr. Reilly, second by Mr. Spader to approve application #2006-27 with conditions.

Vote: Simon, Wolfersberger, Moberg, Cangelosi, Leonard, Spader and Reilly…………Yea
Opposed: None

Application #2006-18 – Michael & Colleen Zarrillo; 1906 Beacon Lane; Block 7, Lot 1; Applicant wishes to demolish existing single family dwelling and construct a new single family dwelling. (Carried without notice) Tom Petersen, professional architect, sworn. Property is slightly trapezoid shape. Hardship is the location on a corner lot. Pictures entered as A-3, A-4, A-5 & A-6. Existing single-family structure built in the 1920’s. The way the property tapers off makes it difficult to keep the width. The new home will be more in keeping with the other homes in the area. They will be decreasing building coverage.

Deliberations

Wolfersberger: Based on uniqueness of property and that we are improving parking and reducing building coverage; I am in favor
Spader – I agree with that; I would like to see the cars parked off the sidewalk.
Leonard – We are tearing down a home; we should be able to accommodate the parking.
Moberg –

Conditions
1. Plan is to be revised to have a 9 x 18 parking area on the west side of the garage.

Motion by Mr. Wolfersberger, second by Mr. Reilly to approve application #2006-18 with conditions

Vote: Simon, Wolfersberger, Moberg, Cangelosi, Leonard, Spader and Reilly…………Yea
Opposed: None

Application #2006-31 – Michael Kogan, 408 Woodland Avenue; Block 203, Lot 14; Applicant wishes to demolish existing single family home and construct new single family home. Michael Kogan applicant, sworn. Pictures entered as A-3, A-4 & A-5. Applicant looking for a rear setback variance of 18 feet.

Ed Serchio – voiced his concerns over what is happening to the town. The Kronwetters home is over 100 years old. The ambience of our neighborhood is going, those tree are over 100 years old. It is terrible.

Deliberations

Leonard – Home is not overly gigantic. Do not think we could do anything to alleviate that setback. I have no problem with the application. In favor
Wolfersberger – I would agree with the audience member. Some changes are for the better or worse. This is not a massive structure; this will not infringe upon the neighbors. In favor
Reilly – It is hard to see things change. Sometimes we have to move on and create new history. I am tending to vote in favor.
Spader – No one asked if any trees are coming down.
Kogan – Falkenberg came; Holly tree is staying, marigold tree is staying. Picture entered as A-6.
Cangelosi – I am acutely aware of Mr. Serchio’s comments. As fate may have it, I do not think it applies to this particular site. I think the plan as proposed will benefit the neighborhood; with Mr.Kogan’s sensitivity to the neighborhood and his willingness to propose a simple landscaping design I think he has a homerun here.

Motion by Mr. Leonard, second by Mr. Wolfersberger to approve application #2006-31 with conditions.

Vote: Simon, Wolfersberger, Moberg, Cangelosi, Leonard, Spader and Reilly…………Yea
Opposed: None

Motion by Mr. Leonard, second by Mr. Reilly to hire an attorney to review Mr. Pardes letter in regards to the First Baptist application.
Vote: Simon, Wolfersberger, Moberg, Cangelosi, Leonard, Spader and Reilly…………Yea
Opposed: None

Meeting adjourned

Attest: Karen L. Mills, Clerk of the Board