pages: PlanningBoard/2008-03-24.pdf, 7
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PlanningBoard | 2008-03-24 | 7 | two apartments, the open space for the front two apartments was diminished. She believed this created an inequitable situation. Board member Lynch noted that several of the issues were not under consideration by the Planning Board at this point. He noted that the procedural issues of a nonconforming use were addressed by Board member Cunningham. He believed that zoning and General Plan processes were a broad-brush effort, as is the nature of a public body. As the zoning texts are updated, he believed this property fit into the category of a building constructed during an earlier time period, which was not recognized by the existing zoning codes beyond being a legal nonconforming use. He hoped this property would be with the applicant's family for 40 more years. Board member McNamara expressed concern about the citrus tree in the backyard. Mr. Seal noted that the tree was planted on the Elks property, but that the branches reached over the applicant's property; the applicant would be able to cut the branches that encroached over his property, but would not be able to do anything to the tree itself. Board member McNamara did not support the argument from the applicant that the lighting would be affected, and believed that the reflection from the building would improve the lighting. President Cook agreed with the Board members' comments, and did not consider this property to be unique. She noted that many larger apartment buildings did not have private decks, and did not want to enter a slippery slope of the expectation of a deck. She was concerned that the back yard would be restricted because of private decks. Board member Cunningham moved to adopt Draft Planning Board Resolution to deny a Major Design Review and Variance to attach a two-story covered deck. A Variance is required for this project because both decks will be closer to the rear property line than permitted by the Zoning code. Vice President Kohlstrand seconded the motion, with the following voice vote - 5. Noes: 0 Absent: 1 (Ezzy Ashcraft). The motion passed. 10. WRITTEN COMMUNICATIONS: None. a. Shinsei Gardens Apartments - 401 Wilver "Willie" Stargell Avenue - Description of proposed changes to project entrance design (AT). Mr. Biggs noted that a letter had been provided to the Planning Board, which included elevations showing the original approval and the revised design of the project. Page 7 of 8 | PlanningBoard/2008-03-24.pdf |