June 15, 2006

MINUTES

The June 15, 2006 Regular meeting of the Board of Adjustment came to order at 7:37PM. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were regular board members: Mr. Wolfersberger, Mr. Moberg, Alternates: Mr. Leonard, Mr. Reilly and Mr. Vacarro.

Motion by Mr. Vacarro, second by Mr. Wolfersberger to memorialize the minutes from May 18, 2006.

Vote: Wolfersberger, Moberg, Reilly and Vacarro………………………………..Yea
Opposed: None

Motion by Mr. Reilly, second by Mr. Vacarro to carry Application#2006-10 of Anthony & Maureen Haddad to July 20, 2006 without notice.

Vote: Wolfersberger, Moberg, Leonard, Spader, Reilly and Vacarro…………….Yea
Opposed: None

Motion by Mr. Spader, second by Mr. Leonard to approve the extension of Application #2002-47 for 6 months.

Vote: Wolfersberger, Moberg, Leonard, Spader, Reilly and Vacarro…………….Yea
Opposed: None

Application #2002-47 – Requesting resolution extension. Mr. Boylan stated that personal things have come up that have kept him from starting the renovations. He states that the work will be done before the summer of 2007.

Motion by Mr. Spader, second by Mr. Leonard to extend resolution #2002-47 to December 31, 2006.

Vote: Wolfersberger, Moberg, Leonard, Spader, Reilly and Vacarro…………….Yea

Application#2003-29 – LaManna – Request by letter to amend size of bar.

Board request that Mr. LaManna and his professionals appear in person to explain why they were not able to work with previous resolution.

Application #2006-03 – Robert P. Gallo, 403 Philadelphia Avenue; Block 33, Lot 2; Applicant wishes to construct a 17′ x 25′ deck. (Carried without notice) Applicant still under oath.

Mr. Gallo submitted drawings of a scaled down deck and has reduced the deck by approximately 50%; photo entered as A-10. Deck height is 30". Extending old deck by 10 feet. Building coverage will be 34.24%.

Deliberations:

Moberg: I feel the proposed deck has no negative impact on the neighbors or neighborhood. In favor.

Vacarro: You have worked with us and decreased deck. I think it is the only thing you can do with the layout. I do not think it will impact it much. In favor.

Mr. Reilly: I think he responded to our concerns. In favor

Mr. Wolfersberger: If these had been presented together at the time it would not be in the 34% plus category. I am reluctant to approve this.

Mr. Moberg: This is 4% on the ground. It could be 4% extra of 35 feet high. Even makes me feel more comfortable.

Mr. Leonard: We keep going over 30%. You did move your door and cut a substantial area off the deck. In favor.

Conditions: Stone under deck, lot coverage is not to exceed 34.24%, deck is to be 30 inches in height.

Motion by Mr. Reilly, second by Mr. Vacarro to approve application #2006-03 with conditions.

Vote: Moberg, Leonard, Spader, Reilly and Vacarro…………….Yea
Opposed: Wolfersberger

Application approved with conditions

Application #2005-50, White Sands Oceanfront Resort & Spa, 1201-05 Ocean Avenue; Block 27; Lot 1. Second floor restaurant has hung neon signs in each window. (Carried without notice) Dina Vacarri, attorney for applicant. Continuation of prior hearing. Malcolm Christopher Burton, architect, credentials accepted. Applicant wishes to maintain the existing neon lights in the windows of Spano’s. Three signs on the Ocean Avenue side and three on the Philadelphia side. Once the enclosure is installed over the deck the lights on Ocean Avenue will not be visible from the street. An automatic timer will be installed to turn the signs off at 10pm. Mr. Chiaia clarified that the signs will be reduced to 1/3 of what is visible now. He is just stating what they would like to keep but will respect the boards wishes. Mr. Chiaia is referencing the signs pictured in A-3. The signs remaining will say Spano’s & Italian Steak House. Mr. Moberg asked if there would be any signage advertising alcohol or beer. (Mr. Chiaia; No) Mr. Savacool: With the signage reduction on the Philadelphia side they are well under 50 s.f. Ordinance states no more than 10% or 50 s.f. They are well under 10% on the Ocean Avenue side.

Audience question & comments:

Betty O’Grady – Questions why you need a neon light if you cannot see it. (Mr. Chiaia: for decoration purpose. He is willing to stipulate that if it can be seen from the street after the enclosure is installed he will remove it.) Mrs. O’Grady stated that there is an ordinance restricting neon lights. We should not be bothered by neon signs.

John O’Grady – Questioned what Mr. Moberg meant by total signs. (Mr. Moberg; I meant what is in the windows) If the signs are shielded in the inside and blocked from the outside, why bother with the signs. Mr. Chiaia stated that the trees block Mr. O’Grady from seeing anything from his home. Mr. O’Grady stated that Resolution #1999-49 clearly states that there will be no neon signs.

Mr. Chiaia stated that these signs are the only things that let people know that Spano’s is there. He stated that 5 signs are being removed (2 that say cocktail, 2 fresh seafood and 1 pasta). Signs can only be seen when traveling south on Ocean Avenue.

Deliberations:

Mr. Wolfersberger: Based on what Mr. Galvin read I am inclined to be in favor if what I heard is Philadelphia has three words, and the Ocean Avenue will not be lit until the enclosure is up. The signs will not be seen so it is moot.

Mr. Vacarro: I think you worked with your neighbors and it came out well.

Mr. Reilly: I think it worked out very well. You tried the best you can.

Mr. Moberg: Removal of signs is a definite positive. I have no problem with the signs being lit on Ocean Avenue. They are permitted as long as they are not flashing and blinking. Let the lights stay on until 10pm.

Mr. Leonard: I feel the same way as Mr. Moberg. They are no beer advertisements. I am inclined to be in favor.

Conditions: 1.Signs will be placed on a timer to shut off at 10pm.
2. The neon signage on the second floor on Ocean Ave is to be removed except for the words Spano’s and Italian steak house.
3. Along the Philadelphia Avenue the signs stating Fresh Seafood, Pasta & Cocktails are to be removed.
4. Signage on Philadelphia; Spano’s will be in one window and Italian Steak House will be in two windows.
5. If the signage on Ocean Avenue can be seen by the neighbor’s after the enclosure is up, they are to be removed. John O’Grady will make the determination.

Motion by Mr. Leonard, second by Mr. Reilly to approve application #2005-50 with conditions.

Vote: Moberg, Reilly, Leonard and Vaccarro…………………………………………..Yea
Opposed: Wolfersberger………………………………………………….Nay

Mr. Spader has rejoined the board and Mr. Vacarro has stepped down.

Application#2006-15, John & Vivian Dixon, 17 Niblick Street; Block; 130 Lot 5; Applicant wishes to add a new two-story to their existing home and install an in-ground swimming pool. Steven A. Pardes attorney for applicant. Dean J. Daley, architect/planner for applicant. Property currently 2-story structure with attached garage. Home was built in the 1940’s. Applicant looking to increase living space and expand porch. Existing garage will remain as is. Two new bedrooms and bath will be added. Existing height of home will remain the same. Front yard setback will be 17 feet and steps; existing side yard setback is 4.14 (existing non-conformity). Front yard setbacks along the block are similar. Mr. Daley feels the granting of these variances will not have an impact on neighbors or the zone scheme. Applicants also wish to install a pool, which will remain within the building coverage requirements. John Dixon, applicant, sworn. Applicant will only be changing roofline on the garage. Mr. Leonard commented that the applicant is only before the board due to pre-existing non-conformities.

Deliberation:

Mr. Wolfersberger: Application will increase livable space. All variances are pre existing and will not be increased. Pool and additions are with-in allowable building coverage. In favor.

Mr. Moberg: I have to agree with Mr. Wolfersberger, just want to be sure that we put in the resolution that the pool has the proper fencing around it according to ordinance.

Motion by Mr. Reilly, second by Mr. Wolfersberger to approve application #2006-15 with conditions.

Condition: Pool is to be fenced according to ordinance.

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

Application#2006-21, Owen & Donna Henry, 52 Channel Drive; Block 164; Lot 8 & 9: Applicant wishes to add two small additions and an entire second story to existing single-family dwelling and reconstruct roof of existing garage.

Motion by Mr. Reilly, second by Mr. Leonard to carry application #2006-21 to October 19, 2006 without notice.
Vote: Wolfersberger, Leonard, Moberg, Spader and Reilly…………………………..Yea
Opposed: None

Application#2005-40, John Christoudias, 301 Broadway/304 Channel Drive; Block 167; Lot 8 & 16.Applicant wishes to demolish existing motel and construct 14 new town homes.

Motion by Mr. Leonard, second by Mr. Wolfersberger to carry application #2005-40 to October 19, 2006 with notice.

Application#2006-10, Anthony & Maureen Haddad, 203 Forman, Block 81; Lot 26; Applicant wishes to renovate/restore existing rooming house and change to bed and breakfast with the owner occupying the first floor. Applicant also wishes to restore the cupola that had originally graced the top of the structure.

Motion by second by to carry application #2006-10 to July 20, 2006 without notice.

Meeting adjourned Attest: Karen L. Mills, Clerk of the Board