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April 15, 2010


The April 15, 2010 Regular Meeting of the Board of Adjustment opened at 7:40pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Mr. Wolfersberger, Mr. Spader, Mr. Kelly Chairman Struncius and Mr. Reilly Alternates: Reynolds and Ardito

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the minutes of March 18, 2010

In favor: Struncius, Reilly, Kelly, Reynolds and Ardito
Opposed: None

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize resolution #2009-13 of Good Year/Ronald Schurgin

In favor: Struncius, Reilly, Kelly, Reynolds and Ardito
Opposed: None

Lee Childers – Request to amend # 2006-34 PLRJ – Lee Childers explained why he is requesting to pave the parking lot instead installing pavers. He believes it is a mistake due to the fact that the area behind the real Estate Office is paved with asphalt. With the lot paved the project is still under on impervious coverage. Lee Childers believes there is no need for pavers and the lot is not visible from the street.

The Board concluded that the change would still be under on impervious coverage and cannot be viewed from the street. Mr. Ardito inquired if any of the townhomes had been pre-sold. (No) Mr. Struncius does not believe it will affect the aesthetic appeal. Mr. Reilly agreed and commented that having two different surfaces in the parking lot would look silly.

Motion by Mr. Reynolds, second by Mr. Reilly to amend application #2006-34 of PLRJ to allow asphalt in place of pavers.

In favor, Spader, Kelly, Struncius, Reilly, Reynolds and Ardito
Opposed: Wolfersberger

Bill Reilly has stepped down from the following application.

Application #2009-19 – Sandra C. Napoletano – 20 Danby Place; Block 121; lot 5.04 -Applicant wishes to move the existing single family dwelling and add a second story.

Steven A. Pardes requested that the application be carried because there are only 6 Board members. Jerry Dasti who is representing a neighbor opposes the application being carried. Dennis Galvin advised that it might be prudent in this situation to carry. Chairman Struncius also believes that maybe the applicant can work something out prior to the hearing date.

Motion by Mr. Ardito second by Mr. Spader to carry application #2009-10 to September 16, 2010 with notice.

In favor: Spader, Struncius, Reynolds and Ardito
Opposed: Wolfersberger and Kelly

Application #2009-22 – Thomas and Barbara Petrick – 109 Parkway – Block 102; Lot 5 – Applicant wishes to construct a one story addition and deck to existing gamily dwelling.

Steven A. Pardes, attorney for applicant opened with stating that the applicant is giving up the right to rent the rear garage apartment and that is will only be occupied by a family member. Barbara Petrick, sworn. Applicant has owned property for 40 years. Applicant stated that both her and her husband are older now and have trouble getting around and going downstairs to do laundry is now difficult. They need the extra room to move the laundry upstairs. Dennis Galvin stated that none of the preexisting variances are being increased.
Paul Barlo, Professional Architect, RA, AIA, PP stated that the applicant wishes to have a bathroom on the main level and move the laundry room. Steve Ardito inquired in they were going to fill in the basement? (No) They agreed to bring the level of the new crawl space floor up one foot to meet code under the new construction. The basement area and existing crawl space will remain as is.


Mr. Spader – asked for clarification of what is happening with the crawl space.

Mr. Wolfersberger – Believes that to fill the whole basement would be a hardship. In favor of project due to the fact there is no increase in building coverage and impervious coverage. Believes the increase is deminimus.

Mr. Reilly - Deminimus and believes they are here just to straighten out the technicalities.

Mr. Kelly – Happy to see the garage apartment just being used by the family; that is a plus

Motion Mr. Spader, by second by Mr. Reilly to approve application #2009-22 of Thomas and Barbara Petrick with conditions.

In favor: Wolfersberger, Spader, Kelly, Struncius, Reilly and Reynolds
Opposed: Ardito

In favor:

1. Garage apartment will be limited to family use only and filed be as a deed restriction.
2. New siding is to match existing home.
3. The new crawl space under the new addition will be raised to grade on new addition and flood vents installed to be compliant to flood regulations.

Application #2009-23 – Jeanne S. Frey – 8 Water Street – Block 120; Lot 17.06 – Applicant did extend the deck on east side beyond property line.

Steven A. Pardes, attorney for applicant. Frank Barbuto, applicant, sworn; has owned home in sister’s name for two (2) years. Frank Barbuto explained that the builder added the addition on the deck as part of the sale conditions. He had no idea that the deck was not allowed. Mr. Hall, the builder had told the applicant that he had all required permits needed for construction. Frank Barbuto explained that he has five (5) children and the deck was an important selling point for him. He has observed many decks running to the boardwalk but never thought it would be a problem. The applicant had attorney representation and the deck was part of the attorney review letter. The seller’s attorney stated in the letter that the builder had done due diligence and received prior approval for the deck which was not true. Applicant stated that he had received a letter from the Storino’s allowing him keep the deck on their easement. Dennis Galvin explained that the Board does not have the authority to grant permission to grant a deck on someone else’s property.

Plans from previous resolution allow deck only to property line.

Audience questions/comments

William Knapp – one observation – It seems easier to build and come and ask for forgiveness. The deck is high with a railing. Are there any legal obligations if a kid climbs up there and falls? If it was to the property line you would fall in the sand.

Ray Savacool stated that the deck is 17.7% of the building coverage.

Deliberations –

Mr. Wolfersberger – Is a little confused. Can we grant off the property line? (no) Applicant has been hosed by attorneys and the builder.

Mr. Spader – Original resolution gave approval to the property line.

Mr. Kelly – I do not believe it is our jurisdiction to grant beyond property line. I have no problem granting to the property line.

Mr. Reilly – I believe Mr. Barbuto was taken advantage of. Jenkinson’s would have to agree to be a co-applicant to approve the deck.

Mr. Reynolds – I think on the original variance we were very generous and allowed it to the property line. It is 18 inches high with a railing. It should be removed to the property line.

Mr. Ardito - I have no problem with the addition to the property line but maybe the Jenkinson’s can do something on your behalf. I believe the applicant was taken advantage of.

Chairman Struncius - I do think that the large percentage of building coverage is decking (17.7%). The house is under 50%; it is located in a unique area. In favor of granting bulk variances up to the property line.

Conditions –
1. The board determined that the addition to the deck that runs North and South to the property line can remain. The deck that runs over the property line to the boardwalk must be removed.

Motion by Mr. Reynolds, second by Mr. Spader to approve deck up to the property line. Deck extended east over property line is to be removed.

In favor: Wolfersberger, Spader, Struncius, Reilly, Kelly, Reynolds and Ardito
Opposed: None

Inlet Point Condo’s #2009-24– Approval of Landscaping Plan –discussion held until next meeting.

Meeting adjourned at 10:35pm
Attest: Karen L. Mills, Clerk of the Board

Published June08, 2010 | Board of Adjustment Minutes | 1030

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