03/20/2003 Minutes - Laserfiche WebLink

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7 stones and flowerpots to be used. Mr. O'Malley pointed out by putting the flowerpots on top of the flat stone they are eliminating the tripping hazard. It will be more visible and more decorative. M. Conway made a motion to grant the variance with the requirement that the applicant add 6-8 inch stones around the pond with flowerpots to be placed on top of the stone. The motion was seconded by N. Althen and unanimously approved. 2. I)ou2 Fenderbosch; 5140 Dewev Road: Proposal consists of a pond. A variance to not erect a fence around a pond (code requires a fence), section (1345). Chairman Puzzitiello called all interested parties forward. Mr. Fenderbosch and his daughter came forward. Mr. Fenderbosch explained he purchased a fountain about three years ago for his backyard. He said his neighbor has a dog that is usually not leashed. The dog made the fountain a swimming hole and that is where his problem started. Mr. Fenderbosch said he spoke with Paul Grayshaw, a city inspector, throughout the winter and was advised to cover up the pond or board it up. Mr. Fenderbosch said he had plywood over it. Mr. Puzzitiello indicated the applicant could do something similar to the previous applicant. He said they could put rocks, flowers, or shrubs around it so no one would fall in. Mr. O'Malley asked for the dimensions of the pond, as it seems bigger than the one previously discussed. It also appears from the photo to be quite a bit deeper. Mr. Fenderbosch said the pond is a kit that can be bought from almost any hardware store or landscaping shop. He said it goes about 12 inches into the ground at the deepest part. He said they put stones in the middle to create a waterfall. Mr. Conway asked if they can do something similar to what was suggested to the previous applicant. Mr. Fenderbosch replied he could. Mr. O'Malley urged the board to consider having the applicant present a set of plans to show how he intends to complete the project before the variance is granted. He added this request is very different from the previous proposal, which is already a finished product. Mr. Puzzitiello agreed and recommended the applicant submit a set of drawings to the board for approval. Mr. Fenderbosch asked for some guidance on what he needs to do. Mr. Puzzitiello indicated he has many options. Mr. Fenderbosch said that ideally he would use some rod iron. Mr. Althen asked how high he would go with that. Mr. Fenderbosch said it would go 12-18 inches. Mr. Althen suggested submitting some kind of drawing and added it does not have to be a perfect picture. It just needs to give the board an idea of the finished product. Mr. Puzzitiello pointed out the applicant can get ideas from any landscape company in the area. There was discussion about companies to contact. Mr. O'Malley mentioned the applicant is not bound to hire a contractor. Mr. Fenderbosch said he just wants to get the situation resolved. N. Althen made a motion to table the proposal for one month so the applicant can submit a drawing of what he intends to do. The motion was seconded by M. Conway and unanimously approved. PROPOSAL TABLED. IV. CONIlVIUNICATIONS: A letter form Debra Comodeca regarding the Board of Building Code Appeals ruling dated 12/18/2002, on David Motach of 3391 Bridgeport Drive for a 51 foot variance for vinyl fence running parallel to her existing fence. Mr. O'Malley said the correspondence read somewhat like a notice of appeal and to some extent like a motion or request that the board would reconsider. If a person has sufficient standing and files a notice of appeal from this board's ruling, the notice of appeal would be appropriately docketed with the clerk and then further actions would take place downtown. He said to his knowledge there has been no indication that this was filed downtown or pursued as a notice of appeal. He said there are strict time limits on such appeals and they should note that December 18th is more than 30 days ago. He said the board's ruling was made, the variance was granted, and it is his understanding that a building permit was issued to Mr. Motach. He does not know if Mrs. Comodeca took any legal action to prevent the building 2