ZONING BOARD OF APPEALS
MONDAY, MARCH 25, 2002
Members Present: Mr. Hare, Ms. Marteney, Mr. Darrow, Mr. Temple, Mr. Westlake, Mr. Gentile, Mr. Rejman
Staff Present: Mr. Moore, Mr. Leone, Mr. Miller
APPLICATION APPROVED: 17 Columbus Street
Mr. Rejman: Good evening, this is the Zoning Board of Appeals. Tonight we have one item: 17 Columbus Street
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17 Columbus Street, C district, 8 and 10 foot rear yard variance and 5 foot side yard variance for building addition. Tim Blackman
Mr. Rejman: 17 Columbus Street, come forward please? State your name for the record.
Mr. Chirco: Good evening, for those that don’t know me, I am Norm Chirco and I represent Tim Blackman. We are coming before you regarding the property at 17 Columbus Street in the City. Mr. Blackman is endeavoring to rehab the old Jimmy J's Restaurant Bar located at 17 Columbus Street. He is under contract and hopes to reopen it as a restaurant and bar sometime in the future.
What is going on now is sometime I think in September, Tim went in with his crew and started ripping out the back wall of the premises, the kitchen area, in the hopes of remodeling it. As he had torn it he was approached by Jim Moore who indicated he needed to have a permit to do what he was doing. At that point he stopped doing any further rehab of the property and nothing else happened until now. He is now asking for a permit to actually put that property back to where it was before he torn off the back in September. Are you looking to extend it farther?
Mr. Blackman: Not the back of it.
Mr. Chirco: Not looking to extend it, just putting it back to where it was, rebuild the structure and redo the kitchen. That is on the back part of it. He also indicated on the side yard he wants to put a proposed addition. He tells me the previous owner of the property, John Kehoe 5 years ago came before this Board and asked for that exact same addition, unfortunately Mr. Kehoe never got it done. He doesn’t want to do anything different, he wants to put that addition on, I think he has provided you with maps of what he intends to do on the side.
In summary actually we are looking to try and put the back kitchen area the back part of the property back to where it originally was before he started tearing it up and on the side he wants to do exactly what was approved for Mr. John Kehoe about 5 years ago. I think he provided you with maps, I don’t have any sorry, and certainly be glad to answer any questions.
Mr. Rejman: I am confused as to the variances required for each one of these two parcels. Lets call the parcel that is closest to Underwood Street Parcel A and the other one B for reference. So Parcel B, you have the map, Parcel B is the one that looks like it is a 12 x 40, is that the addition?
Mr. Blackman: Yes.
Mr. Rejman: 12 x 40 that is what the applicant wishes.
Mr. Chirco: That is what I would call the addition.
Mr. Rejman: OK and the variance needed for the B Parcel is what?
Mr. Darrow: Five foot I think for the rear and that is it.
Mr. Blackman: Correct.
Mr. Rejman: B Parcel is five-foot rear that is easy. OK. Parcel A that is a little more difficult. This has multiple dimensions to it. Not a nice easy rectangle. Is that correct?
Mr. Chirco: Correct.
Mr. Rejman: So on the A Parcel what are we looking for?
Mr. Chirco: 16 feet 3 inches indicated there and 15-foot variance front yard variance, he needs a variance there.
Mr. Rejman: Not a front yard.
Mr. Chirco: I am sorry, side. The 16 feet 3 inches and the 19 feet 2 inches
Mr. Rejman: Mr. Moore
Mr. Darrow: Torn it down and wants to rebuild it because he tore it down he needs a variance to put it back up.
Mr. Rejman: Mr. Moore.
Mr. Moore: What?
Mr. Rejman: We are a little confused on some of the drawings. We have the B Parcel figured out, that is a simple 5-foot rear. The A Parcel is what?
Mr. Moore: On the back the way the building is going back up, he needs 10 foot on one side and 12 foot on the other. He needs 30 feet, 8 feet here and 10 foot here. 20 feet here and 22 feet here.
Mr. Rejman: 8 rear and 10 side?
Mr. Moore: This is both on the back, there is going to be two different dimensions on the back.
Mr. Rejman: That is the confusing part.
Mr. Moore: One side is 10 foot and the other side is 8 foot. From here to here.
Mr. Darrow: Doesn’t need anything from the Underwood Street side does he?
Mr. Moore: From Underwood he needs 5 foot. Needs 5 foot on the side
Mr. Rejman: Maximum 10. Ok, now that the Board has all those dimensions in their mind, are there any questions of the applicant? Yes?
Mr. Temple: I heard mention of Kehoe and I see on the application that the property owner is listed as J. J. Kehoe Enterprises Inc.
Mr. Chirco: That is the owner; he is under contract to purchase.
Mr. Temple: I also see on the application that what appears to be a scratch out of a signature somebody named Lasano and the word no is written in and he is listed as one of the applicants on the application. Why is this name scratched out and no written in there?
Mr. Blackman: The lady that filled it out crossed it out because I was the only one there, Jim Moore’s secretary
Mr. Chirco: I think I understand probably she had to notarize his signature since Lou Lasano wasn’t there she didn’t want to notarize so she scratched it off.
Mr. Temple: Question for Corporation Counsel if we should have a form that authorizes the applicant that he has his permission to seek a variance on the property.
Mr. Leone: Sorry I was talking to Jim.
Mr. Chirco: I think the question is if somebody is under contract do they have the authority to come before this Board and ask for a variance as opposed to being the owner of the property.
Mr. Leone: In the past what we have done is we would have the seller here as well to pretty much voice no opposition to the application. Once again I don’t have the background I don’t know if the seller submitted a letter or
Mr. Darrow: I do recall 5 years ago when it came before the Board and Mr. Kehoe was looking to do basically as far as I can recollect the identical addition.
Mr. Moore: It was.
Mr. Darrow: Was the identical, so I don’t want assume that being it was the identical addition he was going put on - if he is granting Mr. Blackman permission to do.
Mr. Temple: My recollection is that there is a form that owners sign when the applicant is not the owner of the property.
Mr. Moore: No form.
Mr. Leone: The only thing that perhaps I would recommend and this is for the Zoning Board to consider perhaps if you are inclined to approve this application maybe we could do it contingent upon getting a letter from the owner from the seller that he has no opposition.
Mr. Darrow: Wouldn’t we be covered under the fact that Mr. Blackman isn’t going to put an addition on a building that he doesn’t own and the current owner doesn’t want so no construction would probably take place until he is owner of it and second of all I don’t think Mr. Kehoe is going to go ahead and build an addition on his building that he doesn’t want.
Mr. Leone: I would normally agree with you but stranger things have happened, so I would like to have that letter.
Mr. Rejman: That seems to be a good compromise contingent upon a letter.
Mr. Leone: Good.
Mr. Temple: Yes.
Mr. Rejman: Are there any other questions from the Board? None at this time. Is there anyone wishing to speak for or against this application? No. Last call for questions. Mr. Chirco closing statements?
Mr. Chirco: I think you have the information before you. He would like to bring that property back up and get it moving again and this is one last stumbling block. Thank you.
Mr. Rejman: OK, close the public portion and discuss amongst ourselves. I think it is good to get another property back up and running. Any other questions, concerns?
Mr. Temple: Since there are no neighbors, I have no problem.
Mr. Rejman: Motion with contingency. Counsel we will make the motion and you add the contingency.
Mr. Darrow: I make a motion that we grant an area variance to J. J. Kehoe Enterprises Inc. of 17 Columbus Street. The first Part A of said motion would be the purpose of a 12 foot x 40 foot addition to the north side of the dwelling which would allow a 5 foot variance for the rear yard. Part B would be for the purpose of reconstructing said kitchen area with two rear yard variances, one of 8 foot, one of 10 feet and a side yard variance for the south side of the property of 5 foot as per plans submitted to this Board.
Mr. Leone: It would be contingent upon my office receiving within 5 business days a letter from the owner joining in the application or acquiescing with applicant.
Mr. Moore: Is J. J. Kehoe Enterprises Inc. the current owner?
Mr. Chirco: Yes.
Mr. Hare: I’ll second it.
VOTING IN FAVOR: Mr. Hare, Ms. Marteney, Mr. Darrow, Mr. Temple, Mr. Westlake, Mr. Gentile, Mr. Rejman
Mr. Rejman: Application has been approved.
Mr. Chirco: Thank you very much.
Mr. Rejman: Any other business before the Board? Any housekeeping? When is the next meeting?
Mrs. Westlake: April 29, 2002.
Mr. Rejman: Meeting adjourned at 7:30 p.m.
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