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September 16, 2010


The September 16, 2010 Regular meeting of the Point Pleasant Beach Board of Adjustment opened at 7:30 pm. The clerk read the notice of compliance with the "Open Public Meetings Act.
Present were regular members: Mr. Wolfersberger, Mr. Leonard, Mr. Palisi, Chairman Struncius, Mr. Reilly, Mr. Spader Mr. Kelly Alternates - Mr. Reynolds, Mr. Ardito and Mr. Renner
Absent – Mr. Spader and Mr. Madden

Motion by Mr. Reilly, second by Mr. Kelly to memorialize the minutes of August 19, 2010 meeting.
In favor – Kelly, Wolfersberger, Struncius, Reilly, Reynolds, Ardito and Renner
Opposed: None

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the action and vote approving application #2010-13 of Joseph Seickel with conditions

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

Motion by Mr. Reilly, second by Mr. Wolfersberger to memorialize the action and vote approving application #2010-08 of William T. Lyons with conditions.

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

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the action and vote approving the 2009 Final Board of Adjustment yearly report.

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

Motion by Mr. Reilly, second by Mr. Wolfersberger to memorialize the action and vote approving application #2010-12 of Roberta and Roland Kiefer with conditions.

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

Motion by Mr. Wolfersberger, second by Mr. Reynolds to approve the landscaping plan for resolution #2010-12 of Roberta and Roland Kiefer with changes approved at meeting. (larger trees and species that will survive to be determined by the Board Engineer)

Richmond Family, LLC (Corner Bagelry sign) – Roger McLaughlin, attorney for the Corner Bagelry, stated that they have cut down the number of signs and changed the large hanging signs to the wooden sandblasted signs first proposed at time of the application. The awning will be just over the corner entrance door and the color will match the shudders. Steve Ardito questioned why the signage on the windows and the large signs repeat the same verbiage. Roger McLaughlin replied that it is to catch two different kinds of line of site; the driving and the walking line of site.

Motion by Mr. Reilly second by Mr. Reynolds to amend resolution#2010-06 of the Richmond Avenue Family, LLC to reflect signage change.

In favor: Wolfersberger, Leonard, Palisi, Struncius, Reilly, Kelly and Reynolds
Opposed: None

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.

Application carried without notice from April 15, 2010

Mr. Reilly has stepped down from the following application.

Steven A. Pardes, attorney for applicant. Paul C. Amelchenko, RA, worn and credentials accepted stated that the existing home (circa 1920) is in need of structural and safety updates. The Napolitano’s are looking to move the home eastward to enjoy the views their neighbor’s enjoy and have additional space and create parking spaces. Exhibit A-1 entered – Colored rendering. Paul Amelchenko stated that they addressed some concerns they thought the neighbors would have and eliminated the approach to renovate the existing home so that the side yard setbacks could be improved. Home side yard setback on first floor is now 3.83 feet from property line on North side and 1.84 feet from south property line. Second story has been recessed to improve setback to 5 feet from North property line and 3 feet from south property line. Open deck on both levels on East elevation; positioned in such a way to protect neighbor’s privacy. Mr. Ardito questioned the flood elevation as to the lowest level of the new structure? Paul Amelchenko replied the lowest finished floor flood elevation is (17) seventeen feet. Mr. Ardito questioned the pictured storage area (17feet by 26 feet). Steve Pardes stated that the applicant would agree to a deed restriction stating that the storage space would not be utilized as habitable space. Mr. Galvin inquired if there is a landscaping plan at this time? (no)

Jerry Dasti, attorney for neighbor inquired about the number of bedrooms? (4) Jerry Dasti also inquired how the applicant accesses the property now by car. (Public easement) Jerry Dasti stated that he believes the applicant needs to cross the neighbor’s property (lot 5.08) to access their property by car. Steve Pardes replied that he believes lot 5.08 is a public alley.

Audience Questions

Timothy Caughey, 18 Danby Place – Question the height of the home and the setbacks.

Margaret Loughran, 19 Danby Place – Questioned the parking. Her concern is when the home moves forward that the cars will have to turn across her property to access the applicant’s new garage. Paul Amelchenko replied that the turning radius will allow the applicant to avoid her property.

Mr. Saygh – 17 Danby Place – Questioned how they will access the garage without going through the utility pole. He also questioned if the applicant plans on living in the home year round? (Yes) Steven Pardes stated that the applicant is not going to rent it?

Gordon Gemma, Professional Planner – Credentials accepted. Gordon Gemma stated that the subject property is located in the R-1 zone where single family homes are permitted. Generally this is a resort area. A D-6 variance is required due to the height. Variance required for Lot width- 25 feet is required, 24.72 feet exist. Bulk variances requested for side yard setbacks. Gordon Gemma referred the Borough’s 1992 Master Plan which states homes should be one story to limit competition for ocean views in this crowded area. Gordon Gemma pointed out that it does not say all ocean views, but ocean view by right and went on to address the parking issues. Gordon Gemma also went on to say the applicant could build a long skinny home by right that would impact the neighbor’s ocean view as opposed to the proposed home which does not. You need to compare what can be done and what is proposed and see what the impacts will be. Gordon Gemma believes the benefits outweigh the burdens and believes the variance can be granted under the C – 1 hardship standards. Also relief could be granted pursuant to what can be called the flexible C or C- 2 variance per the statute. The benefits are bringing the setbacks more into conformity then what currently exists; parking will improve and by moving the house you are giving more open area to the home west on Danby. This is an improvement and upgrade to what exists. This home was built in the 20’s and you can see the upgrades are consistent to the neighbor’s homes. Mr. Reynolds inquired where the mechanicals will be located. (Mechanicals will be located in the attic and the condensers will be on the roof.)

Jerry Dasti questioned Gordon Gemma as to why it is necessary to have a home 40% higher than his client’s home, which will impede his client’s ocean views? Gordon Gemma replied that what can be built by right will have a more negative impact and block more ocean views.

Sandra Napolitano, applicant, sworn – Stated that she plans on residing in the home after she retires in 2012.

Audience questions

Mr. Saygh – How is the applicant improving parking? Gordon Gemma replied they now will be able to park four (4) cars that will now not be parking on the street.

Timothy Caughey, 18 Danby Place – Isn’t there a way to take the upper left plan and create the first floor of living space as a garage? Gordon Gemma replied that he does not know if it is possible but probably not feasible.

John Tesauro, 141 boardwalk – Inquired if the Napolitano’s have another home on the boardwalk? Chairman Struncius replied that Gordon Gemma is only answering questions he testified to.

Mr. Saygh, Danby Place – stated that there is a utility pole by this property that will keep them from pulling into their new garage. If the pole is not moved they will be crossing over private property. Mr. Palisi requested that Steve Pardes have more information on the utility pole at the next meeting.

Motion by Mr. Palisi, second by Mr. Leonard to carry application #2009-19 of Sandra Napolitano to December 2, 2010 without notice.

In favor – Wolfersberger, Leonard, Palisi, Struncius, Reilly, Kelly and Ardito
Opposed - None

Application#2009-17- Foodtown of Point Pleasant/Gerard Norkus – 505 Richmond Avenue; Block 90; Lot 1 – Applicant wishes to expand business use by allowing a mobile food vending cart in parking lot.

Motion by Mr. Leonard, second by Mr. Wolfersberger to carry application #2009-17 of Norkus Foodtown to January 20, 2011 with notice.

In favor: Wolfersberger, Leonard, Palisi, Struncius, Reilly and Kelly
Opposed: Reynolds

Meeting adjourned at 10:40pm

Attest: Karen L. Mills

Published October13, 2010 | Board of Adjustment Minutes | 1094

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