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February 3, 2011


The February 3, 2011 Special 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 and Mr. Renner

Absent : Palisi and 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

Letter – Ray Savacool re: Sea Avenue Dumpster Landscaping – Ray Savacool stated the developer stated their desire to not plant arborvitae round the garbage enclosure (Ray has no opinion one way or the other) also they do not want to plant street trees on Route 35. In lieu of installing trees they will make a donation to Shade Tree Commission t purchase trees for some other location.

Motion by Mr. Reilly, second by Mr. Reynolds to approve the amended changes to Resolution #2006-34 of PLRJ

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

Application #2010-29 – Carol & Ken Miscia/Zarrilli Homes, LLC – 318 Washington Avenue - Block 20: Lot 11: Applicant wishes to demolish existing single family dwelling and construct a new single family dwelling.

Ken Miscia applicant, sworn. Robert Burdick, Professional Engineer and Planner sworn, credentials accepted.

Exhibit A-3 – Plot Plan revision dates 11/3-/10. Pre-existing condition plan dated 11/1/10. Applicant requesting the following variances:

A. For a front yard setback of 17.5 feet, whereas 25 feet is required.

B. For a rear yard setback of 25 feet (to stairs), whereas 30 feet is required.

C. For building coverage of 30.9%, whereas 30% is the maximum permitted.

D. Waiver for a 20 foot wide driveway. The curb cut will be 16 feet wide.

The following statements were made -

A. The lot is located on the south east corner of St. Louis and Washington Avenue.

B. The house will have to be raised 5 feet above flood elevation which will require steps. These extra steps contribute to the increase in building coverage.

C. The property is a corner lot which requires that the home meet the front setback requirements on both streets.

D. The new house will be aesthetically pleasing and an improvement over the existing house.

E. The new house will be built in conformance with current flood hazard regulations.

F. The proposed house will comply with all current building codes.

G. The proposed house will be located further from the property lines than the existing house and will occupy less space on the lot.

H. The proposed house will be a one-story ranch style house.

I. The applicant will install stairs to access the attic.

J. The attic will not be finished. The attic will have a light and plywood floors; but the roof rafters will remain open.

K. The attic will not have any plumbing or heating.

L. The applicant will replace its curbs and sidewalks as necessary if damaged during construction.

M. The applicant will install a 20 foot wide driveway that will lead to the garage.

N. The applicant will apply to the Borough Council for authorization to permit the curb cut of 16 feet.

O. The applicant will provide landscaping in the front of the house subject to a landscape plan which will show the foundation plantings and which will be approved by the Board’s Engineer.

P. The applicant will turn the proposed steps to make them parallel to the house.

Q. The applicant will plant a minimum of two (2) shade trees which will be at least 2 ½” in caliper.

R. The walls around the pilings will be blow out walls, which will be tethered.

Mr. Wolfersberger questioned the foundation landscaping. Robert Burdick stated they will submit a landscaping plan.

Mr. Ardito inquired about the stairs encroaching on St. Louis? Robert Burdick stated the stairs can be turned sideways towards the driveway.

Pete Renner inquired about the trees; five trees have been removed. Ken Miscia stated that the trees had been healthy but they were all berry trees which stained the carpeting and the floors. They had created a mess on the property. Ken Miscia stated he will replace them with other trees. The applicant will plant a minimum of two (2) shade trees which will be at least 2 ½” in caliper.

No audience questions/comments

Mr. Ardito questioned the aesthetics and foundations. Anthony Zarrilli, builder, stated pilings will be used it will be framed out and it will be skirted. Foundation plantings will be installed.


Mr. Wolfersberger - Corner lots are unique and we have to give them some leeway. Has no problem and will be in favor as long as Mr. Savacool gets to see the landscaping plan

Mr. Kelly – It is a general improvement over what was there. Does not see any problem and is happy with the additional windows.

Mr. Spader – Unhappy about the trees coming down. House will be an improvement. With the adjustments to add curb appeal he will be in favor.

Mr. Reilly – The new home is an improvement aesthetically and code wise. The applicant addressed all of our concerns; I would be in favor.

Mr. Reynolds – It is an improvement over what was there. Happy it is being built according to flood regulations. In favor

Mr. Ardito – Thinks the location of the home will eliminate some of the preexisting non-conformities. Having things new and brought up to code are a good thing. In favor.

Motion by Mr. Reilly, second by Mr. Reynolds to approve application #2010- 29 of Ken and Carol Miscia with conditions.

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


1. The applicant will add two (2) windows on the north side of the house (Washington Avenue side).

2. The foundation will be on pilings. It will look like a block wall foundation and
will be gray in color.

3. The applicant will submit a landscaping plan showing two trees at least 2 ½ inch in caliper. Plan to be submitted to Board Engineer for approval.

4. Front stoop is to be redirected to be parallel with the home.

5. The walls around the pilings will be blow out walls, which will be tethered.

6. A/c unit will be located on the roof.

Application #2010-17 – Rachel Harrigan – 728 Arnold Avenue – Block 91.01; Lot 22 – Applicant wishes to construct an addition to the first and second floor of an existing three story single family, construct an 8 foot by 25 foot shed and install a swimming pool

Carried without notice from November 4, 2010

Rachel Harrigan applicant and Tom Petersen, architect and Planner remain sworn in from previous meeting.

Tom Petersen briefly revisited testimony from the last meeting. The important issue for the applicant is the addition to the home. The issue of the two sheds was revisited with Tom Petersen stating that there was previously a garage which has already been removed.

Jim Wolfersberger inquired about what bulk variances were being requested? Dennis Galvin replied just the third floor and the shed.

No audience questions/comments



1. Plan has to be revised to correct verbiage.
2. Shed is to be in keeping with the design of the home.
3. Pool needs to confirm.


Mr. Wolfersberger – No objection to the shed. Glad that she is maintaining the appearance of the home. Inclined to vote in favor

Mr. Kelly – Pleased with the results. In favor

Mr. Spader – Pleased that the pool conforms. You are preserving something beautiful.

Mr. Reilly – Loves the whole idea. Applicant is preserving history. In favor

Mr. Reynolds. Applicant has done a great job.

Mr. Ardito - The pool now conforms and has no problem with the shed. In favor.

Chairman Struncius – Bulk variances are pre-existing; long standing historic buildings. In favor

Motion by Mr. Reilly, second by Mr. Ardito to approve application #2010-17 of Rachel Harrigan with conditions.

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

Application #2010-20 – Nicole/Alex Goetchius – 917 Bay Avenue – Block 36; Lot 20 – Applicant wishes to convert detached garage to habitable space (playroom/office)

Motion by Mr. Reilly, second by Mr. Ardito to carry application #2010-20 to May 19, 2011 without notice.

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

Application #2010-05 – Robert and Irene Morrow – 209 Arnold Avenue – Block 97; Lot 5 – Applicant wishes to construct a two-story addition to the rear of the front house and a second story deck to the rear dwelling.

Applicant carried without notice from November 4, 2010

John Jackson, attorney for applicant briefly revisited previous testimony. Modifications have been made to the plans. Concessions have been made and reduced the bedrooms to six (6) bedrooms. Applicant will remove outdoor staircase. Lot coverage is reduced by one percent (1%). There have been no objectors; they have been good neighbors for thirty-four years and there have been no problems with any of the tenants.

Steve Ardito concerns are that the lower level of the garage will turn into a rental unit if the egress is allowed from the second floor. Ray Savacool said as long as the entrance is from the interior it would make it difficult to rent the lower level. Exhibit A-21 - Marked up copy of original submitted architectural. Robert Morrow stated that he is an accountant who is busy during tax season and is not as busy the rest of the year and spends quite a bit of time here. Does not want a deed restriction upon the rental capabilities because he believes it will affect the value of the property. Steve Ardito wants to see a new updated plan. John Jackson stated that 31.5% Building coverage is what is being requested. Tom Spader wants to see updated plans; he feels the Board is flying in the dark. Steve Ardito inquired what the actual size of the addition and deck is (410SF) 5.66%.

Motion by Mr. Reilly, second by Mr. Spader to carry application #2010-05 of Robert and Irene Morrow to February 17. 2011 without notice

Meeting Adjourned

Attest: Karen L. Mills, Clerk of the Board

Published April14, 2011 | Board of Adjustment Minutes | 1193

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