Zoning Board of Appeals

BOARD OF APPEALS March 9, 2022 PRESENT: Chairman Gregory Varone Member Kathryn Soderberg Member Michael Tesoro Manager John T. Pierpont ABSENT: Member Carla Romita Eccleston Chairman Varone opened the meeting and introduced the members of the Board. ---------- MINUTES The minutes of the January 26, 2022 meeting were approved. The application of Ms. Theresa Balducci, rescheduled to the March 23, 2022 meeting. ---------- Manager Pierpont presented the application of Mr. & Mrs. Teller, 30 Shore Road, 167.55-1-10, for a variance for A/C Units located in required side yard, and a shed not separated by 10 feet. Herbert Feuerstein, RA rose to review the requested variances. The history of the house construction was reviewed. The letter in support from Diane DeLuca of Shore Road was considered. Mr. Teller spoke of the cost to move the units. He estimated it would cost 30 to 50 thousand dollars. No comments other than the DeLuca letter The Board reserved decision. ---------- Manager Pierpont presented the application Mr. E. Goldman & Mrs. R. Bewley, 15 Mitchell Place, 164.69-1-1, for a variance to allow the extension of a house with an existing street frontage of 87.5 feet where 100 feet are required, a street setback of 24.7 feet where 35 feet are required and a lot area of 9,844 square feet where 15,000 square feet are required. Kelly Faloon, RA appeared to explain the proposed project. HVAC and exterior lighting were discussed. No comments The Board reserved decision. ---------- Manager Pierpont presented the application of Mr. & Mrs. Brett Theisen, 1055 Grant Avenue, 166.52-1-6, for a variance to allow the extension of a house with street setbacks of 30 feet and 25.4 feet where 35 feet are required. Kelly Faloon, RA spoke to the Board to describe the addition. HVAC and exterior lighting were discussed. No comments The Board reserved decision. ---------- Manager Pierpont presented the application Mr. Nicholas & Cristyne Nichols, 1132 Washington Avenue, 167.37-2-31, for a variance to allow the extension of a house with an existing side yard of 5.37 feet where 10 feet are required. Eric Jacobsen, RA rose to review the proposed project. HVAC and exterior lighting were reviewed. No comments The Board reserved decision. ---------- Manager Pierpont presented the application of Ms. Ariel & Daniel Catalano, 1054 Clay Avenue, 167.29-1-5, for a variance to allow the extension of a house with a street setback of 29.2 feet where 35 feet are required. Jonathan Kost, RA explained the proposed addition to the Board. The existing A/C location and exterior lighting were reviewed. ---------- No comments The Board reserved decision. ---------- The Board considered the application of Mr. & Mrs. Teller, 30 Shore Road, 167.55-1-10, for a variance for A/C Units located in required side yard, and a shed not separated by 10 feet. After discussion, and upon motion duly made and seconded, it was unanimously resolved that WHEREAS, there are special circumstances and conditions applying to this building and land which do not apply generally to the land and buildings in the neighborhood, i.e., the air conditioning condensers and the emergency generator are all located more than 150 feet from the neighboring residence; and WHEREAS, the circumstances and conditions are such that the particular applications of the conditions of the zoning ordinance would deprive the applicant of the reasonable use of the land and building; and WHEREAS, the granting of the variance sought will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and NOW THEREFORE BE IT RESOLVED, That the application of Mr. & Mrs. Teller, 30 Shore Road, 167.55-1-10, for a variance for A/C Units located in required side yard, be and hereby is granted, and variance for a shed not separated by 10 feet be and hereby is denied. - - - - - - - - - - -- The Board considered the application of Mr. E. Goldman & Mrs. R. Bewley, 15 Mitchell Place, 164.69-1-1, for a variance to allow the extension of a house with an existing street frontage of 87.5 feet where 100 feet are required, a street setback of 24.7 feet where 35 feet are required and a lot area of 9,844 square feet where 15,000 square feet are required. After discussion, and upon motion duly made and seconded, it was unanimously resolved that WHEREAS, there are special circumstances and conditions applying to this building and land which do not apply generally to the land and buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the regulations appealed; and WHEREAS, the circumstances and conditions are such that the particular applications of the conditions of the zoning ordinance would deprive the applicant of the reasonable use of the land and building; and WHEREAS, the granting of the variance sought will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and NOW THEREFORE BE IT RESOLVED, That the application of Mr. E. Goldman & Mrs. R. Bewley, 15 Mitchell Place, 164.69-1-1, for a variance to allow the extension of a house with an existing street frontage of 87.5 feet where 100 feet are required, a street setback of 24.7 feet where 35 feet are required and a lot area of 9,844 square feet where 15,000 square feet are required, be and hereby is granted. - - - - - - - - - - -- The Board considered the application of Mr. & Mrs. Brett Theisen, 1055 Grant Avenue, 166.52-1-6, for a variance to allow the extension of a house with street setbacks of 30 feet and 25.4 feet where 35 feet are required. After discussion and upon motion duly made and seconded, it was unanimously resolved that WHEREAS, there are special circumstances and conditions applying to this building and land which do not apply generally to the land and buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the regulations appealed; and WHEREAS, the circumstances and conditions are such that the particular applications of the conditions of the zoning ordinance would deprive the applicant of the reasonable use of the land and building; and WHEREAS, the granting of the variance sought will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and NOW THEREFORE BE IT RESOLVED, That the application of Mr. & Mrs. Brett Theisen, 1055 Grant Avenue, 166.52-1-6, for a variance to allow the extension of a house with street setbacks of 30 feet and 25.4 feet where 35 feet are required, be and hereby is granted. - - - - - - - - - - -- The Board considered the application of Mr. Nicholas & Cristyne Nichols, 1132 Washington Avenue, 167.37-2-31, for a variance to allow the extension of a house with an existing side yard of 5.37 feet where 10 feet are required. After discussion and upon motion duly made and seconded, it was unanimously resolved that WHEREAS, there are special circumstances and conditions applying to this building and land which do not apply generally to the land and buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the regulations appealed; and WHEREAS, the circumstances and conditions are such that the particular applications of the conditions of the zoning ordinance would deprive the applicant of the reasonable use of the land and building; and WHEREAS, the granting of the variance sought will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and NOW THEREFORE BE IT RESOLVED, That the application of Mr. Nicholas & Cristyne Nichols, 1132 Washington Avenue, 167.37-2-31, for a variance to allow the extension of a house with an existing side yard of 5.37 feet where 10 feet are required, be and hereby is granted. - - - - - - - - - - -- The Board considered the application of Ms. Ariel & Daniel Catalano, 1054 Clay Avenue, 167.29-1-5, for a variance to allow the extension of a house with a street setback of 29.2 feet where 35 feet are required. After discussion and upon motion duly made and seconded, it was unanimously resolved that WHEREAS, there are special circumstances and conditions applying to this building and land which do not apply generally to the land and buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the regulations appealed; and WHEREAS, the circumstances and conditions are such that the particular applications of the conditions of the zoning ordinance would deprive the applicant of the reasonable use of the land and building; and WHEREAS, the granting of the variance sought will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and NOW THEREFORE BE IT RESOLVED, That the application of Ms. Ariel & Daniel Catalano, 1054 Clay Avenue, 167.29-1-5, for a variance to allow the extension of a house with a street setback of 29.2 feet where 35 feet are required, be and hereby is granted. - - - - - - - - - - -- The Board granted a 90-day extension to obtain a Building Permit to Mr. & Mrs. Christopher Cavorti, 4530 Boston Post Road, 166.27-2-71. The next meeting is scheduled for Wednesday, March 23, 2022. ADJOURNEMENT There being no further business, the meeting was adjourned. - - - - - - - - - - -- Clerk