MINUTES NO. 07-02

This material was filed under
[ Board of Adjustment - Meeting Minutes ]
MINUTES NO. 07-02

PRESENT: Bud Evans, Chairman

Laura Lewandowski, Vice Chairman

Brian Dullaghan, Member

Jack Kish,Member

Paul Gougelman, Town Attorney

Cliff Stokes, Building Official

Barbara Brownlie, Secretary

ABSENT: Doug Wright, Member

This meeting was tape-recorded.  Records are indexed and filed for ready reference where such have been summarized in typed minutes.

1.    CALL TO ORDER AT 5:30 PM

Chairman Evans called the meeting to order at 5:30 PM.

2.  APPROVAL OF PRIOR MEETING MINUTES

A.     Minutes No. 07-01, October 26, 2006

Ms. Lewandowski moved to approve Minutes No. 07-01.  Mr. Dullaghan seconded.  Motion carried unanimously.

3. CODE INTERPRETATIONS

A. A request from Richard Buehn, 329 Second Ave., for an interpretation of Code Section 17-99(a)(1) – one garage measuring not less than 20 feet wide and 20 feet deep shall be provided for each single-family dwelling unit.

Richard Buehn, 329 Second Ave, explained that he wants to build a detached garage on the side of the house and that, taking the setbacks into consideration, he is left with only 18’ and can not meet the 20’ X 20’ requirement.

Mr. Buehn contended that the intent of Code Section 17-99(a)(1) was to provide more for off street parking than to regulate the size of the garage.

Mr. Buehn explained that since he has an existing one car garage he only needs one more parking spot to meet the off street parking requirement and requested that he be permitted to construct a garage 18’ wide to avoid infringing into the setback area.

Mr. Buehn advised that he has no plans to remodel the house and convert the existing garage into a room.

The Board acknowledged that the existing single car garage is grand fathered in as the house is over 50 years old.

Mr. Dullaghan stated that if the applicant does convert the existing garage it would be very much “out of code.”

Ms. Lewandowki said that the Board is faced with allowing a non-compliant improvement on an already non-compliant home and pointed out that they have no control over what the applicant might do with the existing structure.

The Board discussed how the porches impact the setback and if some alternatives were available.

The Board agreed that the sum measurements of multiple garages cannot be used to meet the code requirement.

The Board presented Mr. Buehn with the options of reconfigurating the structure or requesting a variance at a later date.

Mr. Buehn again questioned the off street parking intent.

Attorney Gougelman pointed out that per Code Section 1-4 “catch lines” are considered as catchwords and are not considered as titles or as part of the code for interpretation purposes.

Ms. Lewandowski moved to interpret Code Section 17-99(a)(1) as requiring at least one garage measuring 20’ X 20’.  Mr. Evans seconded.  Motion carried unanimously.

B.   A request from Rosemarie DeCara, Unique Boutique, 125 S Miramar Ave., for an interpretation as to whether activities related to the operation of a wig salon include occasional personal services related to hair cutting, styling, fitting and matching wigs to natural hair.

Phil DeCara represented his wife and requested an interpretation concerning servicing customers at their wig salon.

Mr. DeCara explained that the C2 district restricts the operation of a hair salon which he described as traditionally consisting of multiple operators with repeat clientele and high traffic.

Mr. DeCara clarified that Unique Boutique is strictly a retail business in the sale of wigs and hairpieces.

Mr. DeCara further explained that being able to provide a hair prosthesis to clients suffering from hair loss sometimes entails matching colors and cutting on the premises.

He proposed the installation of one wet station in the fitting room separate from the retail area that would be used relative only to the purchase or service of a wig or hair piece product which they sell.

Attorney Gougelman clarified that the services as described by Mr. DeCara appear to be a part of operating a wig salon as these services are offered only in conjunction with buying a wig.

Mr. DeCara verified that Mrs. DeCara does hold a state license as a beautician and that the salon is licensed as a retail business.

Ms. Lewandowski moved to interpret the Code as permitting personal hair service only to the extent that it is performed as a pertinent service to the sale of a wig or hairpiece in a wig salon.   Mr. Evans seconded.  Motion carried unanimously.

4. ELECTION OF OFFICERS

A  Chairman

B.  Vice Chairman

Mr. Dullaghan moved to retain the current officers – Mr. Evans as Chairman and Ms. Lewandowski as Vice Chairperson.  Mr. Kish seconded.  Motion carried unanimously.

5. ADJOURNMENT

The meeting was adjourned at 6:15 PM.

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Bud Evans, Chairman

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Barbara Brownlie, Secretary

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