APPROVED ZONING BOARD OF APPEALS REGULAR MEETING ...

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Stevens responded that they couldn’t exceed what is shown on the plans withoutfurther approval. Mr. Parker stated that a utility room was provided on the first floorand would house the furnace. Mr. Stevens pointed out that because the property is ina V zone, utilities are not allowed below the first floor elevation. He thendemonstrated the Coastal Site Plan. Mr. Cozean recalled that Mr. Cronan indicatedthat one of the variances that was getting exacerbated was toward the beach side. Mr.Cronan replied that the existing porch was being moved back slightly but the existingsteps are about one step in from where the proposed steps would be, which is about afoot.Mr. Stewart of 103 Middle Beach Road requested a demonstration of the layout of thebedrooms, which Mr. Parker offered.Joe Altonji of 109 Middle Beach Road requested a demonstration of the square footageallocated for bathrooms, which Mr. Parker demonstrated. He noted that the newbathrooms would be larger than the existing ones. Mr. Altonji suggested that inthinking about what the alternatives to the plan might be, they should think aboutwhether they could reduce the size of the bathrooms in order to save the bedrooms.Mr. Stewart commented that the existing house is a lovely, beautiful cottage, MiddleBeach Road at its best. He was concerned about preserving the integrity of theneighborhood, and not having it turn out to look like Westport and have too muchmass all along the beachfront. He stated that he had no objection to somebody tearingdown and rebuilding a house, but felt it should be something in similar character. Hewas particularly opposed to the bulk and the height of the structure.Mr. Altonji of 109 Middle Beach Road stated that he was also concerned about the heightof the building and that his views from the second floor would be substantiallyobstructed by this house. He felt the size of the house was too much relative to theland, and identified Middle Beach Road as a gem that this project was taking awayfrom.Jean Stewart of 103 Middle Beach Road stated that she was most concerned about goingto three full stories, which she stated they’ve been working very hard to avoid. Shefailed to see a hardship and noted that the house has five bedrooms right now, andchanges could be made without the need for a variance.Attorney Cronan rebutted. Regarding obstruction of views, he noted that he didn’t needto address that with this Board. He pointed out that to a large extent, the newregulations loosen the shackles on properties south of Boston Post Road, but evenafter new regulations are adopted, he stated people would still apply for variances. Hecolored in yellow the parts that would be filled in with the new structure impactingneighbors’ views on the site plan. He reiterated that the house was being scaled backin terms of bedroom count, and contended that the living space was not out of scalewith the rest of the neighborhood. He also reiterated that they were ameliorating ahandful of nonconformities. Last, he demonstrated the area of the lot that they areable to build on without variances.Mr. Parker added that they were actually decreasing the width of the house as hedemonstrated, so that the view from the street would be slightly better. Mr. AltonjiMadison ZBA • Approved March 2, 2010 Regular Meeting Minutes • Page 4 of 16
asked whether there would be air conditioning or provisions made to put airconditioning in later, which Mr. Parker stated they didn’t show.Ms. Stewart of 103 Middle Beach Road contended that people coming down the roadfrom the direction of the Beach Club would see a huge, looming structure. Ms.Stewart demonstrated that anybody walking by has a huge house to look at and shealso failed to see a hardship.Mr. Cronan emphasized the importance of the Board finding the hardship, which hestated derives from the characteristics of what happens when you apply the zoningregulations to the land, not what the owner wants to do with the land. He stated thatthe applicant is entitled to put up a flagpole on this property in compliance with theregulations. He stated that there are houses 15’-20’ away from this, and walking by,one wouldn’t see this structure because it will be masked by the houses located insuch close proximity to it. He contended that the opposition was derived from theconcerns of neighbors about views. For the record, Mr. Fiume clarified that viewswere not being considered by the Board and were not on the table because there is noright to a view in the Town of Madison. Mr. Fiume asked if the house was going tobe air conditioned, which Mr. Parker stated it is. Mr. Fiume was concerned aboutwhy air conditioning wasn’t proposed since it would likely affect a setback. Mr.Parker responded that they hadn’t addressed that yet. Mr. Pullano stated that there isa large shed that sticks out on the side of the house, which will be removed, and theair conditioning unit would probably be about half the size of that. Mr. Cronanconceded that it was possible that the application might be incomplete in that no airconditioning was proposed, but stated that that fact doesn’t necessarily affect whatwas before the Board this evening. He stated that there are options for airconditioning placement that might not affect setbacks.Ms. Stevens was concerned that the third floor did appear to be 10’. Mr. Parker reiteratedthat they were planning an 8’ ceiling on the third floor.Woody Weiss of 87 Middle Beach Road was concerned about the side view of thestructure and the views from the street walking toward the house from either side. Hepointed out that the other houses don’t project out that far that high up, and thestructure would make that part of the street feel crowded and would give the sense ofbulk that the Board has tried so hard to avoid. He wondered whether any letters werereceived. Mr. Cozean stated that letters on file would be discussed.A resident of 101 Middle Beach Road stated that he welcomes change, but he wasconcerned that the proposed structure wouldn’t be in keeping with the neighborhood.He asked that something be designed more in keeping so they don’t end up with ablock design.A resident of 102 Middle Beach Road stated that he agreed with comments made by theother neighbors, and suggested the structure should remain a cottage in the interest ofkeeping the neighborhood character.Mr. Cozean identified letters of opposition on file as follows:EXHIBIT 6: Scott and Dale Stewart of 18 West Sussex PlaceEXHIBIT 7: Tim and Denni Carroll of 558 Boston Post RoadEXHIBIT 8: opposition from Jean and Stephen Stewart of 103 Middle Beach RoadMadison ZBA • Approved March 2, 2010 Regular Meeting Minutes • Page 5 of 16
Page 2 and 3: B. APPLICATIONS/APPEALS8043+CSP: 10
Page 6 and 7: EXHIBIT 9: Stephen and Susan G. Lut
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Page 10 and 11: Mr. Cozean also agreed with members
Page 12 and 13: • A0: Lower Level Floor Plans•
Page 14 and 15: from the calculation it would. She
Page 16: discussing pending litigation at ap

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