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FEBRUARY 2, 2011


FEBRUARY 2, 2011

Chairman Ammirata stated that this is a regular meeting of the Point Pleasant Beach Planning Board and adequate notice of this meeting was given by publication in the Ocean Star and by posting a copy of said notice in the front office of the Borough Hall.

Members present: Chairman Ammirata, Tom Neumaier, Jason Shamy, Elaine Koscinski, Councilman Timothy Lurie, Karen Mills and Phyllis Thompson
Also present was Dennis Galvin, Esq., Planning Board Attorney and Raymond Savacool, Planning Board Engineer.

Motion by Ms. Mills, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Vouchers submitted approved for payment.

Motion by Mr. Neumaier, seconded by Mr. Shamy and approved by roll call vote of those members present: Planning Board minutes approved. (Not voting: Ms. Thompson, Councilman Lurie, Elaine Koscinski.
Motion by Mr. Shamy, seconded by Mr. Neumaier and approved by roll call vote of those members present: Planning Board minutes approved. (Not voting: Ms. Thompson, Councilman Lurie, Elaine Koscinski.

Property: 112 New Jersey Avenue, Block 43, Lot 14
Karen Mills and Councilman Timothy Lurie recused themselves from the hearing due to a conflict.
Planning Board Clerk confirmed the Affidavit of Publication in the Newspaper and the Affidavit of Service on property owners was check and found to be in order. Additionally, written confirmation was received from the Municipality confirming all taxes, water and sewer are current.
Kevin Starkey, Esq., attorney for the applicant was present and stated that the application is to subdivide one lot into two fully conforming lots.

Ray Carpenter, P.E. applicant's engineer, was sworn in, gave background as licensed planner and engineer and stated on questioning from Mr. Starkey and in response to Mr. Savacool's January 18, 2011 review letter:
1. property located in SF-5 zone; applicant proposing to subdivide property into 2 conforming lots consisting of 6,250 sq. ft;
2. existing garage and driveway to be removed; existing residential house to remain on newly created Lot 14.02
3. existing house will need variance for side yard set back; required 5 ft; existing 2.7 ft; applicant proposing deed restriction for Lot 14.01 requiring structure to be 7.3 ft from property line, which would create a 10 ft distance (2.7 ft on Lot 14.02 and 7.3 ft on Lot 14.01)
4. building coverage variance required for existing structure on Lot 14.02, presently 31.90% permitted 30%
5. building height - no variance required; existing structure does not exceed 35 ft.; any house on Lot 14.01 will be conforming as to height
6. parking requirements will be met for proposed new dwelling;
Mr. Savacool stated that the curb cut for Lot 14.02 will need approval from the Borough Council
7. Grading and Drainage Plan will be submitted for review and approval
8. if street trees are required by the Board, applicant will comply
9. will comply and obtain approval for sanitary sewer and water service arrangements
10. any curb, sidewalk and/or pavement disturbed will be restored
11. applicant will comply and obtain letter of approval from Tax Assessor of assigned lot numbers
12. applicant will comply and file the necessary subdivision map
13. applicant will comply and obtain all necessary regulatory approvals; will obtain permit from Ocean County Soil & Conservation only if necessary
14. applicant will post all necessary performance bonds, inspection fees and professional review fees
15. surveyor will correct map deleting guarantee for the setting of monuments as they have been set

With respect to the variances required; Mr. Carpenter stated that under "C(2) Benefits Outweighing Detriments" all variances requested relate to existing house; only impact will be on the vacant lot, which applicant has control over. Regarding the building coverage variance, Mr. Savacool questioned whether a portion of the northeast side of the porch on the existing house could be removed in order to reduce percentage of building coverage since applicant is already removing a portion of the porch on the east side.

Neil Ducharme, builder, sworn in and stated that he believes there is a structural column and also taking off from the front would change the look of the house. However, Mr. Ducharme stated he would agree to do so if it can work and if structure not affected. Mr. Neumaier questioned whether or not a portion of the deck of the house could be taken off instead.

Mr. Galvin advised the Board that any application involving variances is serious; proposed deed restriction for proposed new house is good; would be better for Board if applicant offered archictecturals for the Board to see. Mr. Ducharme indicated that if the Board requested that yes, the composite deck in the rear is open and could be reduced.

Discussion was held regarding the side yard set back variance and building coverage; Mr. Carpenter stated that if we move the lot line 2.3 feet over, the lot area would be conforming but the lot width would not and would create two variances - lot frontage and lot width. Chairman Ammirata stated that most people don't even know where their exact property lines are and he would be more inclined to have the applicant move the lot line. Mr. Neumaier stated it looks like the lots do not line up and agrees with attorney would be better to see some drawings.

Mr. Ducharme stated that the type of house he is planning is a single family, possibly with a front porch; approximately 2,500 to 3,000 sq. ft. with a garage in the back; existing garage to be removed. Mr. Neumaier questioned whether or not it would be better to flip it and put the garage and driveway on the other side of the property.

Mr. Carpenter stated that in Block 43 all of the lots but the corner lot across the street are 50 by 125 and Lot 7; not proposing anything different for the area; all variances requested revolve around existing structure.

Discussion was held regarding relocating the driveway presently shown on the east side of the property over to the other side and eliminate the deck.

Public Participation
Joan Karsay, 114 New Jersey Avenue, was sworn in and stated that there is a big water problem in the area; she provided pictures (pictures marked into evidence as N1-N5) to the Board depicting the surrounding area; she lives directly to the west of the property in question and also owns property on New York Avenue, which backs up to her New Jersey Avenue property. Mrs. Karsay stated that they looked into having a system put on their property but the cost was excessive and also they were told basically they would also be draining water from the adjoining properties.

Chairman Ammirata stated that this is a low area of town and there has always been a problem. Mr. Savacool stated that applicant has to submit drainage and grading plans - downspouts on house to direct water to street if not, required to have recharge system on lot. Mrs. Karsay stated that there is a big problem there now and there is no building on the lot.

Thomas Fitzgerald, 117 New York Avenue, was sworn in and stated that he was concerned about the water situation and simply wanted to know what the Board is going to do about it.

Steve Karsay, 114 New Jersey Avenue, was sworn in and questioned where are they going to put the cars for the properties. Ans. Applicant is proposing driveway on new lot and relocation of driveway for the existing house - will be two driveways 1 for each lot.

On questioning from Chairman Ammirata as to whether or not anything more could be done regarding the water runoff, Mr. Savacool stated that the area is a low spot, yes he was at the property last summer and he is fairly sure that the back yards of the lots in that area are lower than the front yards.

There being no further public participation that portion of the hearing was declared closed.

Discussion was held regarding the water and drainage situation. Mr. Starkey stated that the proposed new house would have downspouts to the street and with respect to the existing house, the applicant will agree to do the same thing and extend the downspouts to the street.

At the request of the Board, Mr. Galvin reviewed conditions
1. existing driveway and garage to be removed
2. subdivision map to be filed
3. curb cut for Lot 14.01 to receive approval from Borough Council
4. Lot 14.01 to have deed restriction - structure 7.3 feet from side property line on east side
CORRECTED TO 10 feet from eastern side property line
5. any disturbance will be replaced
6. Board also decided to require applicant to plant street trees
7. Lot 14.02 not exceed 30% coverage
8. drainage plan to be approved
9. downspouts on existing house to be extended to the street

Mr. Neumaier expressed concern about the deed restriction for the 7.3 ft. side set back and how it would affect the proposed new garage; should be clarified, set back to be in accordance with current ordinance.

Comments from Board members:
Tom Neumaier: vote for approval with all conditions; reassurance that building coverage variance would be eliminated; deed restriction would put lot in conformity with neighborhood; applicant has addressed issues of neighborhood regarding water situation.
Jason Shamy: vote for approval; lots in area are all 50x125 with the exception of this one as it exists; appreciate concerns expressed by neighbors regarding water problem and the addition of the downspouts will help; deed restriction a good fix for side yard; good proposal.
Elaine Koscinski: in favor, deed restriction; lots are 50x125; applicant addressing water issue
Bill Ammirata: historically, this area has always had water problems and builder willing to work with us regarding this; driveway move is big help
Phyllis Thompson: in favor of approval for reasons as stated by other Board members

Motion by Mr. Shamy, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Application for subdivision approved; Board Attorney directed to prepare Resolution of approval for adoption at the Board's next meeting.

Sustainable Land Use Pledge: Resolution adopted by Mayor and Council and as per instructions distributed to Planning Board members. Mr. Galvin advised the Board that for their information he was involved in this matter and sets up the Municipality for grants etc.

Motion by Ms. Mills, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present; Resolutions adopted appointing Dennis Galvin, Esq., as Board attorney and Raymond Savacool, P.E. as Board engineer for the year 2011.

There being no further business to come before the Board, on a motion by Ms. Ms. Mills, seconded by Mrs. Koscinski and unanimously carried by roll call vote - meeting adjourned.

Respectfully submitted,

Diane F. Johnson,

Published March16, 2011 | Planning Board Minutes | 1184

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