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January 20, 2011


The January 20, 2011 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. Spader, Mr. Kelly, Chairman Struncius, Mr. Reilly, Alternates: Mr. Reynolds, Mr. Ardito, Mr. Renner and Mr. Madden

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the minutes of the December 2, 2010 meeting.

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

Motion by Mr. Reynolds, second by Mr. Ardito to memorialize the minutes of January 6, 2011Reorganization meeting.

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

Motion by Mr. Reynolds, second by Mr. Ardito to memorialize the amendment to Resolution #2009-27 of Catharine Brzynski to allow the kitchenette to remain with a deed restriction.

Motion by Mr. Reynolds, second by Mr. Spader memorializing the action and vote approving application #2008-20 Of Jenkinson’s North with conditions.

In favor: Struncius, Spader, Kelly Reynolds and Ardito

Motion by Mr. Wolfersberger, second by Mr. Spader memorializing the action and vote approving the interpretation.

In favor: Wolfersberger, Spader, Struncius, Kelly and Ardito
Motion by Mr. Reynolds, Second by Mr. Ardito to memorialize the action and vote approving Application #2010-28 of Richard Larkin.’

In favor: Wolfersberger, Spader, Struncius, Reilly, Reynolds and Ardito
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.

Motion by Mr. Reynolds, second by Mr. Ardito to carry application #2009-19 to February 17, 2011 without notice.

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

Application#2006-43 – Fred/Penny Ficociello – 1601 West Street – Block 178.04; Lot 7 – Applicant constructed a new single family home with in- ground swimming pool. The final survey was submitted with the following discrepancies; Impervious 63.4% where 50% is permitted and the swimming pool which previously received a variance to be 5 feet off the property line is 4.7 feet.

Penny Ficociello sworn, stated that she did not know what happened. They had told the contractor what to do and he just put too much concrete down. The contractor is now out of business.
The Board found it to be too much impervious coverage and instructed the applicant to come up with a plan to reduce the concrete. Mr. Wolfersberger said the deminimus pool setback does not concern him but something needs to be done with the concrete because it is just too much. He would appreciate some obvious effort to reduce the coverage and come back with plan showing a good effort.

Motion by Mr. Reilly, second by Mr. Reynolds to carry application #2006-43A to March 17, 2011 without notice.

In favor – Wolfersberger, Kelly, Spader, Reilly, Reynolds and Ardito

Application #2010-09 – Bob and Kathy Maloney – 26 Central Avenue – Block 99; Lot 20 – Applicant wishes to demolish front single family dwelling and construct a new single family dwelling.

Carried from July 15, 2010 without notice

Kathy Maloney applicant, sworn. Kathy Maloney said they have made some aesthetic changes to the redesign - roofline, gable added to the front with oval window and the whole upper portion will be scalloped ; cedar impressions will be added to the front of the home; copper roofing on the roof over the porch and Cultured stone around the foundation along with foundation plantings. Applicant will accept a rental restriction on the new home. Applicant still wants to be able to rent second floor of the rear unit. First floor of rear unit will still be occupied by family members in the summer. They have never had a water problem on their property through all the storms. Summation presented by Steve Pardes.


Mr. Wolfersberger – He sees nothing but gain, a new home that is in compliance. Aesthetically it is a much improved look. In favor.

Mr. Kelly – It is one of the areas that are open. The apartment is in good repair. The front home does need help and I see this as a real positive. I am in favor with all their considerations.

Mr. Spader – The major concerns that he had in July have been resolved. In favor

Mr. Reilly – Agrees with everything that has been said and also agrees with Mr. Ardito’ concerns but believes that this is a balance and sees that no neighbors have shown to object.

Mr. Reynolds – this is a nice plan and also am in favor.

Mr. Ardito – Applauds applicant for efforts but my concern is for the flood elevation of the rear building. Will not vote in favor.

Motion by second by


1. The principal home on the lot is not to be rental. Lower level of carriage house is to be for family use, the second level may be rented. This is to be recorded by deed restriction.
2. The applicant is to be home in accordance to the revised plans submitted to the board and according to the testimony of Kathleen Maloney.

Motion by Mr. Kelly, second by Mr. Wolfersberger to approve application #2010-09 of Bob and Kathy Maloney with conditions.

In favor- Wolfersberger, Kelly, Spader, Struncius, Reynolds and Renner
Opposed – Ardito

Application approved with conditions

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 and site plan waiver.

Nicholas Montenegro, attorney, for applicant. Michael Liloia, employee of Foodtown, director of store engineering.(construction, maintenance, up keep and design) . Mobile Cart is 4 by 8 feet. The mobile cart is subject to Local Health inspection and Fire Inspection. The cart has been at the present location for two years. Hot dogs, breakfast sandwiches and sausage sandwiches are served. May through September is the months of operation. Hours of operation are 7am until 6pm. One person operates it from inside. Nothing is cooked in the cart. It is all cooked in the store and brought out to the cart. Michael Liloia believes the cart keeps people from parking too close to the door. The cart has been financially successful. There is no seating but the town of Point Pleasant Beach has installed benches by the sidewalk where people can sit.

Mr. Kelly inquired about the extension cord and if it is secure that no one trips over it?(Cord only there when open)Mr. Ardito questioned if the tent had received approval. Mike Liloia does not know. Mr. Reynolds questioned all the other items that are put out there in the summer. (Firewood, bikes, beach chairs etc.) Mr. Reynolds inquired if Mike Liloia has any credentials to be testifying in regards to the site plan. No he doesn’t have credentials it is just his opinion. Ray Savacool stated that per Mobile Vending Ordinance the cart is supposed to be mobile and move every five minutes. In this case in reality it is semi-permanent. Tom Spader said the store base has been extended into the parking lot. Chairman Struncius also has concerns about the merchandise creeping outside.

Charles E. Lindstrom, Professional Planner and Engineer testified as to positive and negative criteria and reviewed the Board engineer’s letter. The Board questioned the parking and the old site plan that was submitted.

Mr. Kelly stated that he had time entering Foodtown prior to the meeting because there was a line for the Netflix machine. Mr. Kelly believes all the stuff around the doors does cause a hindrance. The Board had questions about the tent that they put up.

The Board decided that it needs more detail to decide this application. Chairman Struncius stated they need to know what items will be put there and to what extent and the area they will encompass.

Motion by Mr. Ardito, second by Mr. Reilly to carry application #2009-17 of Norkus Foodtown to April 7, 2011 without notice.

Meeting adjourned at 9:45pm


Karen L. Mills, Clerk of the Board

Published February22, 2011 | Board of Adjustment Minutes | 1166

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