Berkley Zoning Board Denies Generator Variance, Greenlights Driveway Expansion

BERKLEY -- June 10, 2024, Berkley Zoning Board of Appeals denied a side-yard generator variance and unanimously approved a driveway widening at its June 10 meeting. The board voted 5-2 to deny a non-use variance sought by Flame Furnace Company on behalf of homeowner Roman Prescop at 1957 Edgewood Boulevard, where a whole-house generator had already been installed in the side yard without prior board approval; Members McDonald, Sear, Wilner, Allen, and Chair McAlpine voted against, with the stated basis that the property presents no unique circumstances meeting the city's five-criteria variance standard under Section 138-606. Neighbor Jack Blancher of 1927 Edgewood had testified in support of leaving the generator in place, saying it was shielded by his garage and caused no noise impact. In a separate 7-0 vote, the board approved a dimensional variance for Tom Ortinski, who is building a new home at 3803 Robina Avenue with a 32.5-foot three-car garage; the 2021 building permit had been approved in error with a 30-foot driveway, and the board granted a 26-foot approach at the front lot line rather than the 16 feet required by ordinance, citing the city's own role in approving the nonconforming plans as a deciding factor.