GUILFORD ZONING BOARD OF APPEALS Draft MINUTES December 5, 2012

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1 Draft 12/5/2012 GUILFORD ZONING BOARD OF APPEALS Draft MINUTES December 5, 2012 Call to order: The meeting was called to order at 7:30 p.m. by Chairman Dennis Dostert. Present were members: Dostert, Montaine, Ametrano, Fennelly, Popplewell and alternate Brown. C3240 Whitfield Street LLC, 33R Whitfield Street. A variance from Table 3, Line 6, to allow rear stairs and landing to remain within 5 inches of the rear property line. Assessor s Map 39, Lot 86, Zone C- Mr. Dostert stated that this application has been withdrawn R3247 Milton & Anne Charlton, for 1012 West Lake Avenue, a 5.5ft variance from the side yard setback requirements from A (2) (b) to allow the existing deck to be partially enclosed. Assessor s Map 95, Lot 57-8, R-7 zone. Mr. Charlton was present and stated that the difficult topography, rock outcroppings and wetlands creates a hardship. The 6 X 20ft deck is partially enclosed in the front. They would like to enclose the whole deck. Mr. Zhang, 1016 West Lake Avenue, spoke in favor of this application. R3248 J. Ronald Harrison, for 45 North Mill Circle, a 10ft variance from the street setback requirements of A. to allow a one story addition to the existing home. Assessor s Map 85, Lot 67-36, R-5 zone. Mr. Harrison was present and stated that they would like to add a bedroom addition to the existing home. Eric Anderson representing the applicant stated that there was nowhere else to put the addition on the property. He presented photos of the property. R Water Street Associates, for 96 & 102 Broad Street, a variance from the requirements of E to allow permanent display of merchandise outdoors. Assessor s Map 39, Lots 37 & 37A, R-1 zone. Carol Harrington, an employee from Ella s clothing store was present and stated they are asking for a variance to allow them to keep mannequins outside to display merchandise on a year round basis. The hardship is the business is set far back from the street and not easily visible. These mannequins will allow people to know there is a clothing store located there. Mr. Montaine asked if they would be there permanently? Ms. Harrington stated they would be taken in at night. 1

2 Mr. Ametrano asked if the owner of the business approves of this? Mr. Dostert stated that the variance would go with this business only. The tenant would come back when the lease is up, conditions would go with the variance. Shirley Girioni, 199 Whitfield Street, spoke in favor of this application. She stated that all the other shops are street side, this is set far back from the street. Mike Sullivan, 88 Broad Street, spoke in favor of this application and for the Khroma gallery. Mr. Montaine asked how many mannequins there would be in total? Ms. Harrington stated there would be five total. R3250 Michael & Kimberly Stebbins, for 3460 Durham Road, a 23.7 ft variance from the street setback requirements of A. to allow the garage roof to be raised for additional living space. Assessor s Map 62, Lot 21, R-8 zone. John Russell, Contractor, was present and stated they would only be going up, not increasing the existing footprint. This addition fits aesthetically with the existing home. This is not closer to the street than what is existing. The septic system has been updated and increased to accommodate the extra living space. R3251 John Setaro, for 116 Leetes Island Road, a 35ft variance from the interior lot setback requirements of A (2) (b) to allow installation of a pool. Assessor s Map 21, Lot 26-A-1, R-5 zone. Mr. Setaro has requested this variance be tabled until the January hearing. Mr. Dostert made a motion to table this application until the January 23, 2013 hearing, seconded by Mr. Montaine and approved unanimously R3252 Brownstone Restaurant, 961 Boston Post Road, A variance from the signage requirements of Table 3C, Line 10 to allow additional signage on the building. Assessor s Map 47, Lot 2, PV zone. Mr. George Grosmas, one of the owners of the restaurant was present. They are looking for additional signage on the business. The former owner, Friendlies, took the signs off of the building. Regina Reid, ZEO stated that this is in the C1-PRV zone, there are three businesses with 2 buildings on the property. There were signs over the doors that are no longer there. Mr. Grosmas stated they are just looking to put back what was already there. R3253 Frank & Janis Castiglione, for 63 Marshall Avenue, a 10% variance from the floor area to allow 40% and a 6.1% variance from lot coverage requirements to allow 21.1% of Table 3, lines 11 & 12 to allow a small addition and add a covered porch area. Assessor s Map 10, Lot 104, R-2 zone. Joe Wren, Indigo Land Design, LLC, was present to represent the applicant. He stated that they have revised the site plan, there are two bedrooms not four. The applicant is asking to put an addition under the existing porch. The existing home is 1084 SF, with 2

3 the addition it will be 1100 SF. The addition will not be encroaching on the north tidal wetlands. The existing home is already non-conforming, but with these additions, there are no new non-conformities. They will also be adding a front porch area. Atty Beatty presented s from neighbors in favor of this application. Michael Meisel and Tobie Meisel. Mr. Wren stated their Cam application will be heard December 19 th. Mr. Dostert read comments from Kevin McGee, Environmental Planner. Mr. Wren stated that the side walk and driveway are all pervious materials. These new additions will not cause increased storm water runoff. Regina Reid, ZEO stated that they are within 100 feet of coastal resources, any impacts should be taken into consideration. Kevin McGee stated that the materials that are underneath the driveway and walkways are not the correct stones to the design specifications Mr. Ametrano stated that they are not changing what is already existing. Mr. McGee stated that the addition will increase the coverage. Mr. Montaine stated that the details are not on the plan. Mr. McGee stated that the driveway was installed in 2005, the materials used then are different than what is recommended now. Mr. Wren stated that the driveway and walkways are in good condition, they will not be changing any of that. Mrs. Popplewell stated that the regulation states that a non-conformity cannot be increased. Mr. Montaine asked if the applicant would be willing to take up the walkway or driveway and put down the proper materials? Mr. Wren stated they will take it up if it is necessary. Atty Beatty stated that the proposed addition is in keeping with the comprehensive plan. The lot was created in At the time these lots were created, they put in a well system that feeds a number of the homes. Regina Reid, ZEO asked if there is an EMS plan in place. Mr. Wren stated that it is less than half an acre and doesn t require an EMS plan. The addition is under the existing structure and doesn t require a lot of digging. A silt fence can be put up. The public hearing closed at 8:50 PM and the business session began immediately. R Charlton The difficult topography creates the hardship. This has no adverse impact on the Comprehensive Plan. A motion to approve this application was made and seconded and approved unanimously. Voting in favor of this application were members: Dostert, Montaine, Fennelly, Ametrano and Popplewell with no one voting in opposition. The following vote was adopted: WHEREAS, Milton & Anne Charlton, for 1012 West Lake Avenue, a 5.5ft variance from the side yard setback requirements from A (2) (b) to allow the existing deck to be partially enclosed. Assessor s Map 95, Lot 57-8, R-7 zone. 3

4 WHEREAS, This has no adverse impact on the Comprehensive Plan WHEREAS, The difficult topography creates the hardship. R Harrison This has no adverse impact on the comprehensive plan. A motion was made and seconded to approve this application. The motion to approve carried 5-0. Voting in favor of this application were: Dostert, Ametrano, Fennelly, Montaine & Popplewell with no one in opposition. The following vote was adopted: WHEREAS, Brownstone Restaurant for 961 Boston Post Road have requested a variance from the signage requirements of Table 3C, Line 10 to allow additional signage on the building. Assessor s Map 47, Lot 2, PV zone. WHEREAS, This has no adverse impact on the Comprehensive Plan R Water Street Associates The hardship is the fact that the business is set back from the street, visibility is limited. The variance will run with the tenant and the terms of the lease. A motion was made and seconded to approve this application. The motion carried unanimously. Voting in favor of this application were members: Dostert, Montaine, Popplewell, Fennnelly, and Ametrano with no one voting in opposition. The following vote was adopted: WHEREAS, 14 Water Street Associates has requested for 96 & 102 Broad Street, a variance from the requirements of E to allow permanent display of merchandise outdoors. Assessor s Map 39, Lots 37 & 37A, R-1 zone. WHEREAS, This variance is approved for the current tenant and the terms of the lease WHEREAS, This has no adverse impact on the comprehensive plan. time as it is recorded upon the Guilford Land Records. R3250 Stebbins During discussion it was noted that this addition will not cause an increase in the nonconformity. A motion was made and seconded to approve this application. The motion carried unanimously. Voting in favor of this application were members Dostert, Montaine, Popplewell, Fennelly and Ametrano with no one voting in opposition. The following vote was adopted: WHEREAS, Michael & Kimberly Stebbins requested for 3460 Durham Road, a 23.7 ft variance from the street setback requirements of A. to allow the garage roof to be raised for additional living space. Assessor s Map 62, Lot 21, R-8 zone. WHEREAS, Granting this application will not increase the non-conformity time as it is recorded upon the Guilford Land Records. 4

5 R Brownstone A motion was made and seconded to deny the 2X9 ft free standing sign. Voting in favor of denying the free standing sign were members: Dostert, Popplewell, Montaine, Ametrano and Fennelly with no one voting in opposition. A motion was made and seconded to approve the additional signage on the building. During discussion it was noted that this has no adverse impact on the comprehensive plan. The motion to grant carried 5-0 with Dostert, Ametrano, Montaine, Fennelly and Popplewell voting in favor and no one voting in opposition. The following vote was adopted: WHEREAS, Brownstone Restaurant has requested for 961 Boston Post Road, A variance from the signage requirements of Table 3C, Line 10 to allow additional signage on the building. Assessor s Map 47, Lot 2, PV zone. WHEREAS, This has no adverse impact on the Comprehensive plan R3253 Castiglione The addition to this property is minimal. Granting this application will have no adverse impact on the comprehensive plan. A motion was made and seconded to approve this application. The motion to grant carried 5-0 with Dostert, Montaine, Popplewell, Fennelly and Ametrano voting in favor and no one voting in opposition. The following vote was adopted: WHEREAS, Frank & Janis Castiglione have requested for 63 Marshall Avenue, a 10% variance from the floor area to allow 40% and a 6.1% variance from lot coverage requirements to allow 21.1% of Table 3, lines 11 & 12 to allow a small addition and add a covered porch area. Assessor s Map 10, Lot 104, R-2 zone. WHEREAS, This has no adverse impact on the comprehensive plan. NEW BUSINESS APPROVAL OF BILLS A motion was made and seconded to approve the bills as presented. The bills for Mrs. Kelley for clerical services and Guilford Courier were approved. MINUTES OF 9/28/2012 Mr. Montaine made a motion to approve the minutes of 9/28/2012, seconded by Mrs. Popplewell. The minutes were approved with unanimous consent ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:15 p.m. with unanimous consent. 5

6 Respectfully submitted Laurie Kelley, Clerk 6