Council gives its approval to continue Belmont home

By Nathan R. Huff

The town council ended a nine-month saga Nov. 6, giving the final approval on an application that has pitted two Belmont Avenue neighbors in a bitter battle. The project that started as a minor second-story addition was finally approved by the council as an unlawful demolition and new construction.

Applicant Don Langley, who had appealed a number of conditions added to the planning commission's Aug. 23 approval of the project, received councilwide support for his case. While planning commissioners continued to offer varying accounts of what they had or had not approved, the council stated that the homeowner had waited long enough.

"I think it's time we move forward and provide the Langleys with their residence," Councilman Joe Pirzynski said, adding that he was concerned by the contradictory statements from planning commissioners.

Langley received approval of the fireplace location and roof and balcony designs he initially wanted. All three of the issues were reviewed by the planning commission at the council's request, and while the commission made a recommendation on each item, commissioners differed in their recollections of the conditions of approval.

Applicant Don Langley clapped loudly following the council's unanimous vote. For Langley, the decision meant an end to a nightmare that started when his contractor made an in-the-field decision to demolish an additional wall during construction. That decision put the percentage of remaining walls under the 50 percent limit imposed on remodels.

This forced the Langley family to bring the project back as a new home. The illegal demolition also allowed neighbors Kate and Eric Raff to take a more active role in the design of a home they said they had previously supported only because it was a minor addition. The Raffs, who live in a larger, two-story home next door, have expressed concerns with the impact of Langley's proposal--particularly the balcony--on their privacy.

"These changes are not minor," Eric Raff said, referring to the difference between the original and current application. "This pre-1941 historic structure was illegally demolished, and now the applicant wants to use the project's status as a new application in order to circumvent historical approval."

The Langleys denied Raff's allegations. Langley said the only changes to the historically approved plans had been deemed minor and approved by town staff. Among the minor changes was the shifting of a fireplace six feet, several window designs and the installation of a light well. All the changes were approved by the building department prior to the property being red tagged as an illegal demolition.

Several council members said that, since the plans had been approved prior to the demolition, the same plans should still be allowed. "In essence, while a mistake was made, whatever was permitted, whatever original building plans were out there, that should be what is permitted," Councilwoman Linda Lubeck said.

Lubeck also affirmed her belief in the ability of town staff to evaluate building plans and make alterations. "We've got to be able to trust our staff in what is a minor change," Lubeck said.

Councilman Joe Pirzynski agreed with Lubeck, adding that he believed the applicant had paid the price for an accidental mistake. "It's time to make this neighborhood whole again," Pirzynski said, "and I think this project, as it goes forward, will do just that."

Councilman Randy Attaway recused himself from the discussion and vote. His construction business had previously considered contracting with Eric Raff's company. Attaway said that, while there was no conflict of interest, he was removing himself to take away "the appearance of conflict."

Photo: Children's Halloween picnic at Oak Meadow Park

Editorials: Community is united in traffic frustration

Local Home Sale Listings

Photo: Camera Club presents 'Scenes from Provence'

Picture from the Past

Sports Briefs

Los Gatos Wildcats win to go 10-0

Cats run to girls, boys section championships

Field hockey, volleyball teams in CCS semi-finals

Wildcats exceed goals with title, 10-0 record