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March 15, 2012


The March 15, 2012 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. Spader, Mr. Reynolds, Mr. Kelly, Chairman Struncius, Mr. Reilly and Mr. Ardito
Alternates: Mr. Renner
Absent: Mr. Wolfersberger and Mr. Loder
Motion by Mr. Spader, second by Mr. Ardito to memorialize the minutes from the February 2, 2012 meeting
In favor: Spader, Kelly, Struncius, Reynolds, Ardito and Renner
Opposed: None
Not voting: Reilly

Application #2012-03 Mary Faith Nugiel – 138 Ocean Avenue- Block 121; Lot 4:01 – Applicant added asphalt to the front yard bringing impervious coverage to 90.2%.
Mr. Reilly has stepped down from this application.
Mary Faith Nugiel, sworn, stated that she owns 138 Ocean Avenue. Property is located in the RR1 Zone. Mary Faith Nugiel bought the home and rented it out full time and one of the first things she did was pave the front of the home because the rocks were a problem for her. It did not occur to the applicant that she would need a permit to pave the front of the home. Pictures entered as A-3 and were taken a week ago by the applicant. She reviewed the pictures. Mr. Renner inquired where the water runoff goes now that she paved the property. The applicant replied that it now goes in the street. Mr. Renner inquired if she had noticed oil in the runoff and she replied that she has. Mr. Savacool stated that the area of the lot is 3600 square feet. Impervious coverage is more than 20% over in coverage. The applicant actually paved over her property line and paved part of the deli property. 720 square feet would need to be removed to comply. The applicant stated that she can park six cars in the lot. Mary Faith Nugiel stated that she tried to reach out to the owner of the deli and they have an understanding that he can go on her property to clean his windows. Mr. Reynolds said he would be interested in knowing now that the property is solid asphalt how that effects the deli property. Dennis Galvin inquired if she had considered pavers. (no) Mr. Spader inquired why it took her so long to become before the board since she was notified of violation two years ago. Mary
Faith Nugiel replied that there was a great deal of communication between her and the Zoning Officer. She had received a number of warning letters. Dennis Galvin instructed the board that they need to determine if they would of aloud this variance if she had come to the board prior to paving the lot with asphalt. Mr. Spader inquired is she would consider pavers now. The applicant stated she spent $3,500 trying to make the property more useful for her; she said it does not make sense to rip it up.

Mr. Spader – Circumstances in the past the question is what we would have done if it was presented it to us before the work was done. I was up there today and I would not have approved this if it was presented before hand and does not think it is an improvement.
Mr. Kelly – That area is difficult to control and a lot of things are built on the weekends without permits. Does not feel this is an improvement. We cannot let everyone do what they want. There is a place to check before work is done.
Mr. Reynolds – If this had come before proper channels we would have spoken with you and worked out a compromise. We would of never aloud wall to wall asphalt including someone else’s property.

Mr. Ardito – I would like to add a thought. I know you look at this as improvement but it is not an asset to the community. The water has to run off and go somewhere.
Mr. Renner – The water is running off and carrying chemicals that are going into the lakes and the ocean. We would not have approved this beforehand. There are rules in place for a reason.
Chairman Struncius – We cannot just give forgiveness and say this is OK. We have to think what we would have done if you went through the proper channels.

Dennis Galvin informed the board that if she is considering replacing the asphalt with pavers that she would still need a variance for 2% coverage and he would hate to see her leave without receiving that variance. Mary Faith Nugiel said she can still come back with another plan. (yes) There will be a time given that the applicant needs to act. The applicant is directed to remove the asphalt from her and her neighbors property by May 15, 2012 and will be given a year to install the pavers otherwise she will need to come back for a variance. The applicant needs time to think about what she wants to do. She will take the approval for the 1.8% now because that gives her an option.

Motion by Mr. Ardito, second by Mr. Reynolds to deny application #2012-03 of Mary Faith Nugiel
In favor: Spader, Kelly, Struncius, Reynolds, Ardito and Renner
Opposed: None

Motion by second by Mr. Reynolds, second by Mr. Ardito to approve the variance of 1.8% impervious coverage with the condition that it will be done in one year otherwise the applicant will need to come back to the board unless she complies with code.
In favor: Spader, Kelly, Struncius, Reynolds, Ardito and Renner
Opposed: None


1. Pavement is to be removed by May 15, 2012 and can be replaced with pavers with a total impervious coverage total of 71.8%

Application #2012-07 – James-Elaine Debenedett – 807 Walnut Avenue – Block 92 ; Lot 16 – Applicant wishes to construct an addition to the second floor of the existing family dwelling
James Debenedett, sworn stated that he is here to seek relief of the side yard setback of his home. The second floor addition will aggravate a pre-existing condition. He is also requesting to add a portico to the front of the home. The applicant believes the addition is aesthetically pleasing. The home is located in the low density zone where 15,000 square feet is required. Building coverage will only be 16.7% where 25% is permitted. Home was built in 1948, conditions are pre-existing. Neighboring properties have their driveways next to his property. Granting the variance will improve the housing stock of Point Pleasant Beach. Mr. Ardito inquired if there is any loss of light or air to the neighbors from the addition. (no)

No audience question/comments

Mr. Spader – Looking at the plans it will be a real improvement.
Mr. Kelly – Very good presentation; does not seem to affect anything all, in favor
Mr. Reilly – This is a deminimus variance and will be a nice improvement.
Mr. Reynolds - I think it is a modest addition and will be a nice improvement.
Mr. Ardito – Happy with the plans, there are many positives to this and it is nice to have an application that does not want to be a McMansion.
Mr. Renner – Thanked the applicant for not knocking the home down.
Chairman Struncius - Complimented the applicant on the improvements, in favor.

Motion by Mr. Reilly, second by Mr. Reynolds to approve application #2012-07 of James Debenedett.
In favor – Spader, Kelly, Reilly, Struncius, Reynolds, Ardito and Renner.
Opposed: None
Application approved
Application #2012-06 – Scott/Beth Kuzmic – 803 Walnut Avenue – Block 92; Lot 15 – Applicant wishes to construct a second story to the rear portion of existing single family dwelling.
Scott Kuzmic applicant, sworn. Looking for a variance to make improvements to the rear of the home. John Amelchenko, Professional architect, sworn, credentials accepted, stated the lot is oversized for this zone. The existing homes location sits 42 feet off Woodland Avenue right-away where 50 feet is required. The impact is mitigated by the vacant piece of property in the rear. The addition is approximately 730 square feet. The variances are mainly due to pre-existing non-conformities. The applicant is aggravating the rear variance by pushing out the back of the home. Addition will not be encroaching on anyone’s light, air or privacy. The applicant believes that he is making an aesthetic improvement. The home is in the “cottage style; the kitchen will be enlarged and a mudroom added.

Audience question/comments
James Debenedett – 803 Walnut Avenue, stated that he is in favor of Scott Kuzmics application.


Mr. Spader – It certainly looks beautiful and I am in favor.
Mr. Kelly – Also in favor
Mr. Reynolds – Modest addition, will help the neighborhood.
Mr. Ardito – The addition does not appear to look too close to the rear property line. In favor
Mr. Renner – Very nicely done
Mr. Struncius – The property line goes to an extra twenty feet and then the street; it will not be disturbing anything back there. It is a beautiful improvement.
Motion by Mr. Reilly, second by Mr. Ardito to approve application #2012-6 of Scot and Beth Kuzmic
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Ardito and Renner
Opposed: None
Meeting adjourned 9:02pm
Attest: Karen L. Mills, Clerk of the Board

Published April09, 2012 | Board of Adjustment Minutes | 1346

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