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May 17, 2012


The May 17, 2012 Regular meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Spader, Kelly, Reynolds, Reilly, Ardito, Renner and Loder
Absent: Wolfersberger and Struncius

Motion by Mr. Ardito, second by Mr. Spader to memorialize the minutes of May 3, 2012 meeting -
In favor – Spader, Reilly, Struncius and Ardito
Opposed – None

Motion by Mr. Spader, second by Mr. Ardito to memorialize the action and vote approving application #2012-11 of LaMannasquan LLC; Carl LaManna –
In favor - Spader, Reilly, Kelly, Reynolds and Ardito
Opposed - None
Motion by Mr. Spader, second by Mr. Kelly to memorialize the action and vote denying application #2012-08 – Denial Sweet Escape Bungalow, LLC, Frank Dominquez –
In favor – Spader, Reilly and Kelly
Opposed - None

Application #2012-10 – Franco Fallone - 319 Washington Avenue – Block 25; Lot 10: Applicant wishes to construct a four (4) foot by five (5) foot shower (.32% increase in building coverage).
Frank Fallone applicant, sworn. Ray Savacool stated that the shower needs to drain to the sanitary sewer and will need to be elevated unless the applicant has installed a special check valve. Franco Fallone replied that he will install the check valve so the shower does not need to be elevated. Jay Reynolds inquired if there will be a roof on it? (Yes) The applicant stated that it will not have a negative effect on the neighbors.
No audience questions/comments
Spader – Thinks the outdoor shower is Point Pleasant Beach. Coverage is minuscule; with check valve in favor
Kelly – Fallone has done a fine job renovating the property; in favor with check valve.
Reynolds – Would like to see a condition that the applicant is to utilize a check valve.
Ardito - The size of the shower and increase is deminimus; with conditions in place would be in favor.
Renner –thinks a shower is a great idea.
Loder – Looked at the property and based on the information provided does not have a problem with this application.
Reilly – Agrees with everything that has been said. Has one suggestion, does not believe there is a sign identifying the home address. Believes there should be one in case of emergency.
Motion by Mr. Reynolds, second by Mr. Spader to approve application #2012-10 of Franco Fallone with conditions
In favor – Spader, Kelly, Reynolds, Reilly, Ardito, Renner and Loder
Opposed -None

Application #2012-04 – Joseph/Arlene Gaccione - 1900 Beacon Lane – Block 7; Lot 3 – Applicant wants to utilize existing detached garage as a cabana.
Joseph Gaccione, applicant sworn. Robert Burdick, Professional Planner, sworn. Applicant stated he added the second door to the garage so they could utilize it for shade for the pool. He had no idea that it would cause a problem. There will be no heat or plumbing, only electric for light. It will just be used to sit in the shade and to park the car. Mr. Reynolds stated that it will be the second cabana on the property. Joe Gaccione agreed to have a deed restriction on the structure stating that there will be no heat or plumbing and will not be used for habitation. Ray Savacool stated that building coverage is 27.6%. Robert Burdick stated that the pool is appropriate for the site and that the applicant thought if he added a door to the garage he could entertain and provide shade. There will be no water, sewer or gas; the applicant might utilize a microwave in the garage.
Audience questions/comments

John Boylan – 1813 East Avenue – Supports the application and sees no negative impact on the neighborhood

Spader – Basically when he looked at it he thought it was clever. Believes this will be the primary cabana for the pool.
Ardito – Will have no problem with the deed restriction in place.
Renner – I also have no problem with the conditions.
Reilly - If the configuration was different you wouldn’t be here…It is just about the door.

1. Garage is not to be heated or have plumbing, or to be used for changing clothes or for overnight accommodations.
2. A deed restriction is to be reviewed by the Board attorney prior to recording.

Motion by Mr. Reynolds, second by Mr. Kelly to approve application #2012-04 of Joseph Gaccione with conditions.

In favor – Spader, Kelly, Reynolds, Reilly, Ardito, Renner and Loder
Opposed - None

Application #2011-21 – Nacimento and Maria Ruela – 319 Richmond Avenue – Block 111; Lot 8 – Applicant wishes to demolish existing three-family dwelling and construct a new two-family dwelling.
Nacimento and Maria Ruela, applicants sworn. Robert Burdick, Professional Planner, sworn. Mr. Reilly has listened to the prior meeting and has signed a certification and is eligible to vote on this application. The applicant has redesigned the homes and they are now individual homes. The homes are smaller and now have backyard space. Building coverage will now be 32.03% with front yard setbacks; one frontage on River Avenue and one frontage on Richmond Avenue. Proposal reduces the non-conformity by reducing from three units to two. The applicant believes that these homes are consistent with the properties in the area; the front yard setback is created by the front porches which the applicant feels are important aesthetically and to provide a place to sit and socialize. Proposed construction will be an aesthetic improvement over existing conditions. Plans will bring the property closer to compliance and are more upscale that what exist now. Mr. Kelly questioned if the one home on River Avenue could be moved to give the neighbor to the North more room. (Yes) Mr. Ardito agreed that it should be moved a little to the south. M. Renner questioned the removal of the trees and if they will be replaced. (Yes) Vice -Chairman Reilly questioned if they had thought to sub-divide because they are creating non-conformity with two primary structures on one lot. Robert Burdick replied that they had but decided to stay with the one lot. Ray Savacool inquired how the rear yard will be utilized by both homes. The applicant stated that it will be a common area but they can put up a fence to divide it equally. Front of home will be cultured stone and cedar impressions; three side will be clapboard siding.
No audience questions/comments
Spader – Appreciates the applicant taking the board’s suggestions and redesigning. It is bold for that area and a real improvement to the housing stock of Point Pleasant Beach. I will support it a 10-0% with the conditions…
Kelly – We have eliminated one unit on that lot. I am happy that we could make that adjustment on River Avenue for the neighbors. In favor
Reynolds – I think it is a great plan. The advantages far outweigh the negatives. Thanked the applicant… Certainly going to be an improvement over what is there now. In favor
Ardito – Thanked the applicant’s for listening to the Board’s concerns. There are numerous positives; replacing it with two attractive homes built to code. Supportive of the application.
Renner – Agrees with previous comments. Would like to see a condition that porches cannot be enclosed at anytime.
Loder - I looked at the property today and this will be a real improvement; In favor.
Reilly - Thanked the applicant for addressing the Board’s concerns. They have done a great job and will be in favor.

1. The plans are to be revised to show the home on River Avenue being moved five (5) feet to the South.
2. The applicant is to submit a landscape plan to the Board’s Engineer for his review and approval. The plan is to show the planting of six (6) trees, 2 ˝ inches in diameter at the time of planting. The trees are to be selected from the Shade tree commission list of approved trees.
3. The homes are to be constructed as described by the architect at the time of the hearing.

Motion by Mr. Ardito, second by Mr. Reynolds to approve application #2011-21 of Nacimento and Maria Ruela with conditions.
In favor: Spader, Kelly, Reynolds, Reilly, Ardito, Renner and Loder
Opposed: None
Application approved with conditions

Meeting adjourned 9:05pm
Attest: Karen L. Mills, Clerk of the Board

Published July10, 2012 | Board of Adjustment Minutes | 1410

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