ZONING BOARD OF APPEALS

September 18, 2007

The Zoning Board of Appeals met on Tuesday, September 18, 2007 at 7:30 p.m. in the Municipal Center courtroom. Chairman Dunne, Members Kish, Haug, Smith, Sullivan and Munoz; Deputy Building Inspector Dave Buckley and City Attorney Pisanelli were in attendance. Member Vakirtzis was excused and Alternate Member Worthy was absent.

Mr. Dunne outlined the format of the Board's proceedings for the benefit of the public. The meeting was then opened on a motion by Mr. Sullivan, seconded by Ms. Smith. All voted in favor. Motion carried. Mr. Dunne noted six members were present and four votes would be needed in order to grant a variance.

Mr. Dunne called for corrections/additions or a motion to approve the minutes of the July 17, 2007 meeting. Mr. Kish made a motion to approve the minutes of the July 17, 2007 meeting as submitted, seconded by Mr. Sullivan. All voted in favor. Motion carried.

ITEM NO. 1 APPLICATION SUBMITTED BY JOHN ARQUELLO (ATLANTIC HORIZON INTERNATIONAL, INC.), 301-303 MAIN STREET, TAX GRID NO. 5954-36-905868, CB ZONING DISTRICT, FOR RELIEF FROM SECTION 223.26(F) TO PROVIDE NO OFF-STREET PARKING SPACES FOR A RESTAURANT (18 spaces required.

The public hearing on the application submitted by John Arquello (Atlantic Horizon International, Inc.), 301-303 Main Street, for relief from Section 223.26(f) to provide no off-street parking spaces for a restaurant was opened on a motion made by Ms. Haug, seconded by Mr. Kish. All voted in favor. Motion carried.

Aryeh Siegel introduced his client John Arquello and described the proposal for a restaurant in a building located at 301-303 Main Street, near the intersection of South Brett Street. The previous owner had a fish market one side of the building but Mr. Arquello wants to expand the restaurant to include the adjacent store front. Mr. Siegel explained there is no room on the site to provide 18 off-street parking spaces as required by zoning. There are municipal lots located within walking distance and on street parking is not heavy in the evenings. He provided a diagram of the area showing approximately 159 available parking spaces.

Mr. Dunne explained if a variance is granted, the fee of $1,500 per space cannot be waived. Approximately 54 seats are proposed, including tables and a bar area. Mr. Buckley explained the previous fish market occupancy, classified as merchantile/retail, was mostly take-out. This proposal changes the use to a restaurant with seating which requires additional parking. Mr. Arquello explained the restaurant will serve a Latin fare and will open at 11:00 a.m.

Mr. Dunne read the following memorandum from the Planning Board into the record:

The Planning Board reviewed an application for Site Plan Approval for a restaurant in the former fish market at 301-303 Main Street. The fish market only occupied one side of the building but the new owners want to expand the restaurant to include the adjacent store front. After fully considering the application and benefits it would provide residents of Beacon, the board unanimously supported the application to waive off-street parking requirements for this applicant. Additionally, they support the recommendations to revise parking requirements on Main Street as set forth in the draft comprehensive plan.

Mr. Hibbs informed the applicant that a previous applicant is paying the fee in phases with hopes that the comprehensive plan is approved and the remaining fees are waived. The applicant was aware of the existing requirement to pay $1,500 per space in-lieu of providing off street parking.

As always, the final decision will be based on your review of the application but the Planning Board felt the aforementioned factors should be offered as an advisory viewpoint.

There were no comments from the public and Mr. Dunne verified with the Board secretary that no additional correspondence had been received regarding this appeal. Mr. Kish made a motion to close the public hearing, seconded by Ms. Smith. All voted in favor. Motion carried.

Mr. Kish made a motion to grant the variances as requested, seconded by Ms. Haug. All voted in favor. Motion carried. Variance granted; 6-0.

ITEM NO. 2 APPLICATION SUBMITTED BY RICHARD BARNES, 595 SOUTH AVENUE, TAX GRID NO. 5954-20-829230, R1-80 ZONING DISTRICT, FOR RELIEF FROM SECTION 223.17(C) TO ENCLOSE AND CONVERT AN EXISTING COVERED FRONT PORCH INTO HABITABLE SPACE WITH A 16 FT. FRONT YARD SETBACK (50 ft. required) AND A 14.4 FT. SIDE YARD SETBACK (30 ft. required)

The public hearing on the application submitted Richard Barnes, 595 South Avenue, for relief from Section 223.17(c) to enclose and convert an existing covered front porch into habitable space with a 16 ft. front yard setback and a 14.4 ft. side yard setback was opened on a motion made by Mr. Sullivan, seconded by Ms. Haug. All voted in favor. Motion carried.

Richard Barnes reported he came before the Zoning Board two years ago for a variance to allow a covered front porch on a house under renovation. The project has since been scaled down due to the cost of excavation and he would like to change the proposed covered front porch into a four season room. It will serve as a living room to provide more space since the original plan for an addition was scaled back. The room will face the creek and only have one window on the side that does not face the adjacent house.

There were no comments from the public and Mr. Dunne verified with the Board secretary that no additional correspondence had been received regarding this appeal. Mr. Kish made a motion to close the public hearing, seconded by Ms. Haug. All voted in favor. Motion carried.

Ms. Haug made a motion to grant the variances as requested, seconded by Ms. Smith. All voted in favor. Motion carried. Variances granted; 6-0.

There were no further items to consider and the meeting was closed on a motion made by Mr. Kish, seconded by Mr. Munoz. All voted in favor. Motion carried. The meeting was adjourned at 7:45 p.m.