BOROUGH OF
BOARD OF ADJUSTMENT MINUTES
June 27, 2006
Roll Call: Hurley, Semonche, Post, Nienstedt, and Cioni 5 Present.
Absent: Eller, Mangiacotti, and Kramer 3 Absent.
Vacancy: One (1) Alternate
Also Present: Stuart Ours, Esq., Board Attorney
Linda L. Hendershot, Clerk
Ann Kilduff, Clerk-Elect
Chairman Cioni led the members of the Board in the flag salute and read the Open Public Meetings Act into the Record.
MINUTES:
Regular Meeting May 23, 2006
Chairman Cioni entertained additions or corrections to the minutes. Hearing none, it was moved by Hurley, seconded by Post that the minutes of the regular meeting held May 23, 2006 be approved as submitted.
Roll Call: Nienstedt, Hurley, Post, and Cioni
Ayes: 4, Nays: 0, Abstained: Semonche
Motion carried.
RESOLUTIONS:
Case #2006:7 Eric Newton, 72 Alvin Sloan Avenue
It was moved by Hurley, seconded by Nienstedt that the resolution be adopted as approved at the May meeting for the construction of a deck.
Roll Call: Cioni, Hurley, Nienstedt
Ayes: 3, Nays: 0, Abstained: Post and Semonche
Motion carried.
APPLICATIONS:
Case #2006:10 David Uporsky, 281 Wyoming Avenue, Blk. 2.05, Lot 25
R2 Zone
This application is filed for the purpose of constructing a 6 wide wrap around porch.
In the Zoning Officers Refusal of Permit this request is denied for noncompliance with the provisions of Section(s) 94-76 B2 of the Municipal Zoning Ordinance for the following reasons: There shall be a front yard of not less than 30 feet.
Attorney Ours reviewed the notices of service and affidavit of publication and found everything to be in order. The Board has jurisdiction to hear this application.
The Oath was administered to David Uporsky for his testimony.
Mr. Uporsky stated that he previously came before the Board in 1999 and received a two year variance. No changes were made to the lot or ground areas since that time. Circumstances arose and therefore the project was never completed.
Attorney Ours noted that the property on the westerly side of Mr. Uporskys house where he would like to build the porch is open, unimproved land.
Mr. Uporsky stated that he is the last house on the dead end road.
Board Member Hurley stated that he sees no problem for other people in the area.
Chairman Cioni noted that there was no one present in the audience to ask any questions of the applicant.
Hearing no further discussion from the Board, a motion was made by Semonche, seconded by Post that the Board grant a variance to Mr. Uporsky to construct a 6 foot wide wrap around porch on their property due to the fact that because of the size of his property, the front yard setback provisions of this ordinance would create a severe practical difficulty, the construction of this wrap around porch will not be a detriment to the neighborhood and it will not substantially impair the intent and purpose of the zone plan.
Roll Call: Cioni, Post, Semonche, Hurley, and Nienstedt
Ayes: 5, Nays: 0
Motion carried.
Case #2006:11 Samy Daewood, 10 Grand Avenue, Blk. 10.01, Lot 3
R2 Zone
Chairman Cioni stated that Mr. Daewood has requested an extension of time and will file at a future meeting.
Case #2006:12 Adam and Gretchen Renaldo, 38 Alvin Sloan Avenue,
Blk. 2.08, Lot 8 R1 Zone
This application is filed for the purpose of constructing a 12 x 37 deck.
In the Zoning Officers Refusal of Permit this request is denied for noncompliance with the provisions of Section(s) 94-75 B4 of the Municipal Zoning Ordinance for the following reasons: Open uncovered decks may be constructed in the rear yard, provided that a rear yard of not less than 35 shall be maintained.
Attorney Ours reviewed the notices of service and affidavit of publication and found everything to be in order. The Board has jurisdiction to hear this application.
Chairman Cioni stepped down and sat in the audience as he lives within 200 feet of Mr. and Mrs. Renaldo. Vice-Chairman Hurley led the meeting.
The Oath was administered to Adam and Gretchen Renaldo for their testimony.
When questioned by Attorney Ours, Mr. Renaldo stated that the rear of the property is lined with trees on the left and a 4 picket fence on the right.
Attorney Ours stated that this property has two front yards and two side yards. Board Member Semonche noted that typically corner houses have two font yards, one side yard and one rear yard.
Board Member Semonche asked Mr. and Mrs. Renaldo if they would mind decreasing the width by two feet and having a 10x37 deck as this would better allow for steps. Mr. and Mrs. Renaldo stated that would not be a problem.
Attorney Ours stated that he sees no detriment to the public good because it is a corner lot and they have a narrow area.
Vice-Chairman Hurley noted that there was no one in the audience with any questions of the applicant.
Hearing no further discussion from the Board, a motion was made by Semonche, seconded by Post that the Board grant a variance to Mr. and Mrs. Renaldo to construct a 10 x 37 deck on their property due to the fact that they have a corner lot with a narrow back yard, the construction of this deck will not be a detriment to the neighborhood and it will not substantially impair the intent and purpose of the zone plan.
Roll Call: Nienstedt, Post, Hurley, and Semonche
Ayes: 4, Nays: 0
Motion carried.
Vice-Chairman Hurley stepped down and Chairman Cioni continued the meeting.
COMMUNICATIONS:
A revised resolution for J.H. Van Cleef was acknowledged, received and filed.
REMARKS:
Board Member Post questioned a parking lot project on Monroe Avenue. After a brief discussion, the Board Members would like the Zoning Officer to explain this project at the July meeting.
The Board Members thanked Linda Hendershot for her continued service and wished her well in her retirement.
Hearing no further business to come before the Board a motion was made by Post, seconded by Semonche that the meeting be adjourned at 8:55 PM.
Ayes: 5, Nays: 0.
Motion carried.
Respectfully submitted,
Frank Mangiacotti, Secretary