November 17, 2011

not just one day. Mr. Devre asked how many more cars does he think there will be with 325 students. Mr. Maltz replied up to thirteen. Chairman Neuer recessed at 9:36 pm and stated that when the Board returns that they will go to the other two smaller applications. The meeting resumed at 9:46 pm Chairman Neuer stated that they will hear the next application. ZB-11-20/Niehenke Block: 167.03; Lot: 36; Zone: R-3 11 Efstis Court Seeking a “C” variance to build a deck 7

DISCUSSION Anna and Michael Niehenke approached the podium and were sworn under oath. Chairman Neuer asked them to describe, for the record, what they were proposing. Ms. Niehenke stated that they want to extend their existing deck and replace it with a new deck. Mr. Buechler asked how far the stairs will be from the fence. Mr. Niehenke stated approximately 15-16’. Ms. Borg stated that she was up at the house and there is plenty of room for the deck. There were no questions for the applicants. Ms. Gabry made a motion to approve; Mr. Buechler seconded. Vote was as follows: Buechler: Yes Bullock: - Gabry: Yes Quentzel: Yes Steinhart: Yes Sussman: Yes Weiss: Yes Chairman Neuer: Yes ZB-11-19/Mau Block: 41; Lot: 176.07; Zone: R-6 24 Oxford Terrace Seeking two “C” variances for side and rear set-backs to rebuild a garage DISCUSSION Gary Mau approached the podium and was sworn under oath. Chairman Neuer addressed Mr. Mau and asked him if he was correct in understanding that his garage was destroyed in a storm and because of the narrow plot of land it does not meet the setbacks. He also stated that since the original time the garage was built the regulations changed. Mr. Mau said that was correct. Mr. Buechler asked if there was any difference between the garage they are proposing and the existing one. Mr. Mau stated that the garage they are proposing will have a different style of roof. He said that instead of a roof that slants back it will be pitched to the side. Chairman Neuer asked if there would be any flood lights on the building and Mr. Mau said no because there was no electrical power in the garage. Mr. Sussman asked Mr. Mau if he was building on the same footprint. Mr. Mau replied yes but they are laying a new foundation because they want it done the right way. There were no questions for Mr. Mau 8

Chairman Neuer made a motion to approve; Mr. Sussman seconded. Vote was as follows: Buechler: Yes Bullock: - Gabry: Yes Quentzel: Yes Steinhart: Yes Sussman: Yes Weiss: Yes Chairman Neuer: Yes Chairman Neuer stated that they will continue with the Golda Och application. Mr. Vena approached the podium and stated that there are no further witnesses. Chairman Neuer stated that he was concerned about Exhibit A-6, the revised lighting plan. He stated that he didn’t know if they really needed it. Chairman Neuer stated that A1-5 and A7-12 entered as Exhibits and then made a motion to enter A6 as evidence. Chairman Neuer asked if any member of the public had any comments. Mario Portilla approached the podium and was sworn under oath. He stated that his concerns were for the safety of the children who live in his neighborhood. Mr. Portilla said that the neighborhood children walk to take the school bus in the morning and he observes cars speeding in an attempt to get a parking spot. He stated that many times he has had to direct traffic, especially when the school has an activity going on. Mr. Portilla stated that in an attempt to attend these events people are driving recklessly. There was discussion regarding how many days the school has special events during the year. Ms. Weiss stated that the school could have someone monitor the traffic on a day they were having a specific event. She said that the Board’s goal was to keep all of the children safe in the neighborhood. Mr. Portilla also stated that he does not understand how the traffic issues on Gregory Avenue will improve if they increase enrollment, especially where the school’s driveway is located. Ifthikar Rehman approached the podium and was sworn under oath. He stated that he lives at One Ardmore Road which is right at the corner. Mr. Rehman stated that there have been many times he has observed parents bringing their children to school late and they park in front of his house. He said they leave their cars running and run up Northfield Avenue with their children. Ms. Borg asked Mr. Rehman if there is legal parking on both sides there. Mr. Rehman replied yes. Chairman Neuer stated that leaving a car motor running is not parking. Ms. Weiss asked Mr. Rehman if someone parked and shut their motor off to walk their children into school, would he consider that normal. She asked him if the problem he is talking

ning is not parking. Ms. Weiss asked Mr. Rehman if someone parked and shut their motor off to walk their children into school, would he consider that normal. She asked him if the problem he is talking about is the fact that they leave their motors running. Mr. Rehman said that he is just trying to say that 9

parents are rushing when they are late in the mornings. Ms. Weiss said that when you live near a school, cars will usually park in front of your house. She asked Mr. Rehman if he was concerned with them parking in front of his house or leaving their cars running. Mr. Rehman stated that they are rushing to get their children into the school, because they are late, and it’s easier to park in front of his house than to drive into the school to drop them off. Chairman Neuer said that if parking is legal on Ardmore then you should go to the Town Council and ask them to change it to no parking to alleviate the problem. He told Mr. Rehman that the Board understands his problem but does not have the jurisdiction to get the ordinance changed and fix it for him. Mr. Sussman and Ms. Weiss both stated that the new plan will alleviate this problem. Ms. Weiss also stated that she doesn’t believe that they will have 300 students in these economic times. She told Mr. Rehman that the new traffic pattern will be a big improvement and parents will be less inclined to park offsite to get to the school faster and only time will tell. Mr. Rehman stated that he’s not sure that it will get better with increased student population. Chairman Neuer stated that he doesn’t know if things will get better either and the people that live there will be the one’s effected. The Chairman said that he always looks out for the residents and this Board balances the needs of the neighbors. Ms. Gabry asked if the school could advise the parents not to park on Ardmore and utilize the new driveway. Mr. Rehman asked if he could invite the members of the Board to physically see what is happening in the morning. Ms. Weiss said that she did go to the school and observed the long lines on Gregory Avenue. She said that she didn’t look on Ardmore but she said that she believes what Mr. Rehman is saying. Getachew Lemma approached the podium and was sworn under oath. He stated that he lives at 6 Ardmore Road which is right behind the school. Mr. Lemma said that his problem is the noise that the children make when they are outside playing. He said that when they play with a ball, there are times the ball comes on to his property. Mr. Lemma wanted to know if there was any way the school could change the wire fence to a solid fence. He felt that this could also eliminate some of the noise. Mr. Lemma said that he

to his property. Mr. Lemma wanted to know if there was any way the school could change the wire fence to a solid fence. He felt that this could also eliminate some of the noise. Mr. Lemma said that he is also affected by the pollution from the buses. Ms. Borg asked Mr. Lemma if the buses have stopped idling in the morning since the last meeting. Mr. Lemma said no and that there has not been any improvement. Shreeram Devre approached the podium and was sworn under oath. He stated that every morning and afternoon there are 20-40 cars parked in front of his house on Gregory Avenue and he has a problem getting out of his driveway. Mr. Devre also stated that people get out of their cars and stand on Gregory Avenue and talk to each other with their car doors open and this is very dangerous. He stated that the cars make a left hand turn onto Gregory Avenue, when exiting the driveway of the school, even though it’s not allowed. 10

Ms. Weiss asked Mr. Devre how long he has lived there and he replied twelve years. Mr. Devre stated that in those twelve years he has not noticed any difference at 8am or 2:30pm. He stated that there is always a traffic jam in front of his house at those times. Mr. Devre also stated that it is his opinion that the new traffic plan, that allows buses to enter on Gregory Avenue, will make the traffic worse and not better. Prathamesh Devre approached the podium and was sworn under oath. He stated that his concern is the traffic on Ardmore Road and Linden Avenue due to people parking there. Mr. Devre said that this may alleviate the traffic on Gregory Avenue but not those streets and in the end it will be the same. He also stated that in ten years, if they do have 300 students, there will be a much bigger problem than there is today. Mr. Devre stated that he thinks that Mr. Maltz did not do a thorough traffic study. He said that he can take pictures of the traffic lined up along Gregory Avenue, at the driveway entrance, all the way to Northfield Avenue every day. Mr. Devre stated that Mr. Maltz’s statistics are way off and there are 20-25 cars lined up in front of his house every day. Mr.Grossman stated that the flow of traffic is the concern of the neighbors and it is essential for this Board to make it a condition that there is supervision during pickup and drop-off of students. He also stated that he recommends that this application is approved. Mr. Vena approached and made his statement as to why the Board should approve this application. He stated that the variances they requested have been satisfied within the requirements of the Land Use Act and there is no detriment. Mr. Vena stated that the neighbor’s biggest concern is the traffic and that they should consider the plan presented today is a much better way to operate pickup and drop-off of students. Mr. Vena stated that there has always been a school at this location and that anyone who moved there knew that and knew what comes along with a school being there. He stated that the noise on Ardmore Road will be reduced because the playground will not be there and the buses will not be backing up to make a k-turn to exit from that driveway. Mr. Vena stated that if the bus drivers do not follow the no idling law that they will get ticketed. He said that his project will enhance the life situation of the

k-turn to exit from that driveway. Mr. Vena stated that if the bus drivers do not follow the no idling law that they will get ticketed. He said that his project will enhance the life situation of the people who live in the neighborhood. Mr. Vena said that the applicant will agree to every condition that the Board imposes. Ms. Weiss stated that this application, with its new plan, is a better situation and she is favor of it. She stated that it is important to have two parking directors during drop off and dismissal to make sure the children in the neighborhood are safe. Chairman Neuer commented by saying that school staff members do not have jurisdiction if they are offsite. Ms. Weiss clarified by saying that they need two parking directors onsite. She also said that the school should let the parents of the students know exactly what the neighbor’s problems and concerns were. Mr. Steinhart stated that the function of this Board is a balancing act. He said that the Board members are also members of society and the community and a school is part of that also. Mr. Steinhart said that he understands the neighbor’s concerns because he also lives near a school and he avoids driving near it during pick up and drop off times. He advised the neighbors to 11

report it to the police, if they hear buses idling or doing something illegal, because the only way to teach is to apply what is applicable under the law. Mr. Steinhart said that this expansion is a good solution and an improvement to an existing situation. He stated that he urges the Board to approve. Mr. Quentzel said that he suggests the school do something about having a place for the cars to park during special events to appease the neighbors. He stated that he is satisfied and approves this application. Ms. Gabry stated that she is also concerned about the parking situation on special event days and the school should make parking arrangements somewhere. She said that this application is an improvement and she much rather see the buses enter on Gregory Avenue. Ms. Gabry said she approves. Mr. Sussman said that he agrees with the other Board members. He stated that the new driveway pattern to improve this situation is admirable. Mr. Sussman stated that he is concerned about the parking problem and the people parking on Ardmore Road and running up to the school. He said that the new circulation plan will improve that and people will use the driveway and not have to do that anymore. Mr. Sussman said that this is a good application and an improvement and he will recommend approving it. Chairman Neuer stated that, as Chair, his role is to bring things together and summarize. He said that he will recommend approval but will recount what he heard and observed. Chairman Neuer stated that this reminded him of the Green Hill application when the streets that people lived on conflicted with opinions. He said that some people on Ardmore were concerned about noise and people on Gregory were concerned about traffic. Chairman Neuer said the Board’s role is to decide on how to accommodate both sets of needs. Chairman Neuer urged the school to remind the students to tell their parents that this is their neighborhood and to respect “the neighborhood”. He advised the school to take proactive steps to make the noise complaints and the idling of buses go away. Chairman Neuer said that Mr. Page’s testimony provided ample reasons to grant the “C” variances. He said that the bio filtration basins that they are installing is a wonderful way to deal with drainage issues and will also help with the drainage in the area. Chairman Neuer stated that He was satisfied with the safety

filtration basins that they are installing is a wonderful way to deal with drainage issues and will also help with the drainage in the area. Chairman Neuer stated that He was satisfied with the safety factors for the signage. He said that the school agreeing to turn off the lights two hours after closing and removing the flood lights is proof that they are trying to be a good neighbor. Chairman Neuer stated that their Forester had a great tree removal and tree maintenance program plan. Chairman Neuer stated that their planner, Peter Steck, knows the law and the concepts of planning and that his report proved more than they had to prove. He stated that the benefits outweigh the detriments. Chairman Neuer also stated that the Board finds this an inherently 12