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September 1, 2011

Minutes

The September 1, 2011 Special meeting of the Board of Adjustment opened at 7:43pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Spader, Reilly, Kelly and Reynolds Alternates: Ardito and Loder
Absent: Struncius, Palisi, Wolfersberger and Renner

Motion by Mr. Reynolds, second by Mr. Kelly to nominate Mr. Reilly as acting Chairman

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

Motion by Mr. Kelly, second by Mr. Loder to memorialize the minutes from the August 18, 2011 meeting.

In favor: Mr. Kelly and Mr. Loder
Opposed: None


Application #2011-14 – Anita Dietrick – 2002 Ocean Avenue; Block 2; Lot 1.01 - Applicant wishes to demolish two existing principal structures and construct a new single family with detached garage.

Dennis Galvin informed the applicant that the case requires a “D” variance the applicant has the right to have seven (7) voting members since five (5) affirmative votes are needed. There are only six (6) members this evening. The applicant has the right to request to be carried if they feel that they need to.

John Jackson, attorney for applicant explained the application and needed variances. He also went on to explain that the height variance is created from where the town requires them to measure the height from (Ocean Avenue).

Gregory Cox, Architect with Aquatecture Design, credentials accepted. Home is located on the ocean. Greg Cox has designed a home that fits in with the historic fabric of Point Pleasant Beach. The home has element designs of homes in Bay head ,Mantoloking and Point Beach and has the elements that fit the needs of a modern family. The garage allows a buffer to the court yard space where the pool is located. A-3 Colored rendering of the home A-4 – Pictures of existing conditions which were taken by his office personnel. They have set the proposed home slightly lower than the existing home. The lot could be sub-divided but they are treating it as a single lot so it will be less dense than if it was treated as two lots. The applicant did try to acquire the paper street from the town to have more property but the town did not even entertain the notion. A-3 – court yard/westerly view- Two stories with a habitable attic; Metal roof, real cedar shingles, historic oval window, Double hung windows, inside the home a design that fits the family. The roof has a pitch of on 9 on 12. The roof gets smaller and lower as it approaches Ocean Avenue. The garage doors face south; there will be a wood boardwalk deck on the ocean side of the home. Mr. Kelly inquired about the trees on the south side of the property? Chairman Reilly inquired if there are other pools in the area? (Yes, neighbor on south side) A-6 Aerial photograph of adjacent neighborhood. Chairman Reilly inquired about the parking; the rendering seems to depict the parked cars blocking the garage. Mr. Cox states that there is parking for six (6) cars and there is a very long curb cut. Mr. Reilly inquired if Mr. Savacool had checked the figures on the habitable attic space. Yes, 495 square feet. Mr. Ardito inquired about the garage. Greg Cox stated that the garage shape has been changed to accommodate the dogs.

William Stevens, Professional Engineer and licensed Planner. Has been practicing for twenty-five years. Graduated from Old Dominion University in 1989; has appeared before Lakewood, Berkeley, Manchester and Brick Zoning Board, credentials accepted. William Stevens’s survey crew measured adjoining properties from Ocean Avenue and Delaware Avenue and found that the heights vary depending on which street the height is measured from. There is a four foot differential between Ocean Avenue and Delaware Avenue. Mr. Spader asked what the retaining walls were utilized for. William Stevens stated the south wall is a planter and it will be removed and replaced with something more decorative. The north wall belongs to the neighbor and acts as a retaining wall. Ray Savacool asked William Stevens to address the drainage; Install drywells to handle roof runoff.

Audience Questions

Victor Fortkiewicz sworn, attorney representing property owners at 2 and 4 Delaware Avenue –Inquired how the height was determined. Referenced to Greg Cox his comparing the home to that of Bay head homes; Greg replied that he made it to fit in with the character of the neighboring homes to the north and south. Victor Fortkiewicz pointed out that 2 Delaware will be losing some southernly view from their second floor deck. Greg Cox pointed out that the home is not blocking any ocean view and that a home to code would also block the southerly view of neighboring homes.

Audience Comments

Victor Fortkiewicz – thinks this is a lovely design but would like the home setback further to open up their view. Does not believe the aesthetics support a “D” variance and does not believe there are any special reasons to support this “D” variance.




Summation

John Jackson believes this applicant has been lucky to have an architect who is from the area and knows the style that fits. He has designed a home that fits the family and their lifestyle. The application has reduced the density by eliminating the rental unit and provides adequate parking. The height variance is completely driven by the slope of the property and the neighbors ocean view in is tact.



Deliberations

Mr. Spader – It is a hard ship location; believes it is the highest point in Point Beach. It is set well off the road and people are allowed to utilize their property. The fact that the architect was sensitive to the point that he decreased the roof along with the grade was a plus.

Mr. Kelly – Happy to see the loss of the apartment rental. Believes this will be a real asset in the area. In favor

Mr. Reynolds – Believes lot is plenty big enough to fit this house. Different measurements from different streets is unfair; no problem with the height. Believes the good outweighs any detriment.

Mr. Ardito – Thanked the professionals for a very good presentation and thanked Victor Fortkiewicz for bringing up his points. The community will be getting a new home that is up to code. We will see the removal of seven (7) non- conformities. Even if there was a conforming home it would block the neighbor’s southerly view. Mr. Cox alleviated some of this with his design. The lot is big enough to accommodate this structure. Believes positives outweigh negatives and will be in favor.

Mr. Loder – Actually believe the change will enhance the values of the surrounding properties. Basing his considerations on the removal of several non-conformities and issues facing the applicants because of the challenges of the topography of the property. In favor.

Mr. Reilly - I see a lot of improvements in terms of the neighborhood and the appearance. There are two issues – the height, but given the topography of the land we do don't believe this is a major problem always ;need to take into account neighbors’ concerns, but looking at the pictures carefully, I do not see the slight loss of southerly views as a reason to deny this application.


Conditions

1. Applicant has agreed to give up their right to use the property as a tw0-family home.
2. The home is to be constructed as represented to the board at the time of this hearing. (real cedar shingles)

3. Garage to be same finish as home

4. Part on deck located on East Avenue is to be removed.

5. Any replacement structure of fencing or walls is to be submitted and approved by the Board Engineer.



Motion by Mr. Reynolds, second by Mr. Ardito to approve application # 2011-14 of Anita Dietrick with conditions.

In favor: Spader, Kelly, Chairman Reilly, Reynolds, Ardito and Loder
Opposed: None

Meeting Adjourned at 10:35pm

Attest: Karen L. Mills, Clerk of the Board


Published September19, 2011 | Board of Adjustment Minutes | 1259


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