Planning Board Actions

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Actions An application for several variances to allow a second floor deck replacing a doorway porch has been continued until the September 4 meeting of the Planning Board to enable the applicant to speak with neighbors and make any alterations to their proposal before action by the board.

The application, sought by Yvonne Moody for the second floor garage apartment on property owned by her daughter and son-in-law Danielle and Zack Winnerling at 99 Center Avenue, drew a number of questions and complaints from neighbors who said the plans appear to be more an application for a second floor deck as opposed to simply replacing a worn staircase and entry to the apartment.

The garage, part of the 99 Center Avenue property on the corner across from St. Agnes Church, faces Avenue C. and is itself a violation of municipal codes since the residential area does not permit two separate residential units on a single piece of property.

The applicant plans to replace the well worn staircase and door entry platform with an eighteen foot deck and a spiral staircase within five feet of the adjoining rear yard of a residence on South Avenue.

But several residents objected to the idea of the extended deck, one saying it appeared more like a “guard house” overlooking the area since there are no other second floor decks in the area. Views from the deck allow observations of several other properties in the neighborhood, including overlooking second floor windows of neighboring houses as well complete back yards of neighboring houses, thus destroying the privacy of neighbors.

One resident objected to the proximity of the proposed staircase to the fence at the end of his property, and another presented photos that showed the impact an extended deck would have on the neighborhood.

Mark Fisher, a local resident who has served 42 years as an emergency responder, and many years as a first aid volunteer, cited the critical dangers of a spiral staircase, asking planning board members and officials how they could carry an injured disabled person down spiral stairs safely, also noting that the second floor door is the only egress from the apartment.

Following a 90 minute presentation and comments and questions from residents at the meeting, professionals for the applicant met with the applicant during a brief recess in the meeting and made the decision to continue the application until September 4, giving the applicant the opportunity to speak with neighbors, hear ideas and make any changes they think would be more in keeping with the neighborhood without having to file a new application, setting the continuation with no further notice for the September 4 meeting.

At the same meeting, the planning board, over the negative votes of three members, approved application submitted by Jeff and Sherry Green for property at 2 Hill Road to demolish the house on the premises and replace it with new construction they feel is more beneficial to steep slope problems and slope disturbance.

The applicants presented a series of professionals including the architect, engineers, environmental engineers, and noted the pool and patio currently on the property would be eliminated.

Planning board members discussed the five trees that might be removed for the new construction because of the possibility of deteriorating root conditions in building the 29289 square foot two and a half story building on the triangular piece of residential property.

Following questions from the planners, comments and questions from the public, and testimony from several experts, the planning board approved the application with the contingencies to ensure minimal steep slope disturbance through a phase-in plan with resurfacing of the driveway only completed after construction is completed and all work certified by the owners’ building engineer. Opposing approval were planners Marty Hawley, James Neff and Katrina Majewski.

The application for 12 Bayside Drive also scheduled to be heard at the meeting, has been withdrawn the applicant who plans on revising and reviewing plans before re-introduction of another application.

The board unanimously continued its engineer, Douglas Rohmeyer, formerly of CME Associates, now with Colliers Engineering, after not only praising the engineer for his expertise but the two firms who worked together to enable a smooth transition for the engineer without any disruption for the borough.

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