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February 21, 2013


February 21, 2013 minutes

The February 21, 2013 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. Wolfersberger, Mr. Spader, Mr. Kelly, Mr. Reynolds, Vice-Chair Reilly and Mr. Ardito
Alternates: Mr. Loder and Mr. Davis
Absent: Struncius and Shamy

Memorialization of Resolutions
Motion by Mr. Spader, second by Mr. Kelly to memorialize the action and vote approving application 2013-01 of Margaret Buccino with conditions.
In favor: Wolfersberger, Spader, Kelly, Reynolds, Ardito and Davis
Opposed: None

Motion by Mr. Reynolds, second by Mr. Ardito to memorialize the action and vote approving application #2013-02 of Godwin Family Properties, LLC. with conditions
In favor: Wolfersberger, Spader, Kelly, Reynolds, Ardito and Davis
Opposed: None

Application #2012-30 – Morgan McLachlan – 1810 Beacon lane- Block 10; Lot 1 – Applicant wishes to demolish existing single family dwelling and detached garage and construct a new single family dwelling, cabana and in-ground pool.
John Jackson, attorney for applicant, stated that the McLachlan application has now changed and the applicant, although located in the “A” zone they would like to build to “V” zone standards and now a height variance will be required(home will now be 40+ feet). That variance was not included in the notice but the attorneys feel that notice was adequate. The applicant has owned the home since 1975 as a summer home.
Mark Ostojich, Professional Architect, sworn, credentials accepted. A-3 Topo map entered. Applicant wants to comply with “V” zone standards and move first floor to elevation 16 even though it is not required of him. A-5 Google Earth photo of present home to reflect how closely the home is located to the “V” zone. This is a double fronted lot with one front yard variances required of 15 feet. The front door will face Maryland Avenue and the pool variance is 5 feet where 10 feet is required. The attic space has been redesigned to comply with the ordinance of 383 square feet (1/3 of the floor below). The square footage of this home is 2,550 square feet, a modest home compared to surrounding properties.
Ray Savacool is concerned that there is not a mention of a D-6 height variance mentioned in the notice. John Jackson said the height variance is driven by the FEMA requirements, but the applicant’s home is not required to be as high as they are requesting. . Ben Montenegro stated that the notice stated the applicant may seek additional variances (the catch all). Mr. Spader replied that he has been studying the previous application which is not correct, and wants to know where the first floor would have been with the original application. Mr. Wolfersberger is confused by the inconsistencies of the calculations. Mr. Spader inquired where the survey is, not just the architect’s survey? Mr. Reilly stated that with the concern over the notice and accuracy of the application “Should they proceed with testimony”? Mr. Wolfersberger feels that the application is not complete. Mr. Spader stated that it is a beautiful home but he does not want to rush to judgment without having accurate figures in front of him. Mr. Kelly said that personally there are a lot of things that he cannot make a decision on without seeing it in front of him. A-6 Advisory base flood map A-7 – advisory map None of the applicant’s property is located in the “V” zone. Mr. Ardito is leery of the intent of building to “V” zone standards; he feels they might be doing it to get extra parking and space underneath.

Morgan McLachlan, applicant, sworn. His family has owned the property since 1975. The reason for building to the “v” zone is because he is an insurance agent who has seen the devastation of flooding. When he saw the devastation that his neighbors went through made them reconsider how their home will be built. He is doing it to be safe. The discussion on the cabana concluded that it will not be taller than 10 feet and larger than 10 by 12 feet which is allowed by ordinance.

Motion by Mr. Ardito, second by Mr. Reynolds to carry application #2012-30 of Morgan McLachlan to April 10, 2013 with notice.
In favor: Wolfersberger, Spader, Kelly, Reilly, Reynolds, Ardito and Mr. Renner
Opposed: None

Application #2012-29 – Robert and Jeanne Angrisani – 307 Boston Avenue – Block 101; Lot 1.01 – Applicant has constructed a 6 foot by 7 foot deck with stairs in the rear yard of the existing family dwelling.
Steven A. Pardes, attorney for applicant. Robert Angrisani, sworn, stated that he built the rear platform and stairs knowing that he needed a variance because the existing stairs were not safe. Building coverage is 32.97%. Applicant has owned property since 2005 and it is utilized as a residence. Photo marked as A-3 shows the old stairs in rear of home. The applicant stated that the old stairs were very steep and not safe and that he has young grandchildren and a handi-capped in-law and needed something safer. His builder led him to believe that is was ok to build the stairs without a permit and he believed him. He apologized to the Board.
Wolfersberger – It is deminimus..it is just a foot in rear yard set back..In favor
Spader – Thinks it looks nice…in favor
Kelly - Has no problem with it.
Reynolds – It is deminimus..in favor
Ardito - Echo’s prior comments…in favor
Renner – Echo’s prior comments
Reilly - Ditto

Motion by Mr. Wolfersberger, second by Mr. Spader to approve application #2012-29 of Robert and Jeanne Angrisani with conditions.
In favor: Wolfersberger, Spader, Kelly, Reilly, Reynolds, Ardito and Renner
Opposed: None

1. Subject to inspection and approval by the Building Department.

Application #2012-21 – Anthony and Joan Graceffo – 107 Boardwalk Avenue – Block 121; Lot 18.01 - Applicant wishes to construct a two-story addition with a garage below (three stories from Pilgrim Pathway/two stories from the Boardwalk to an existing three story (as described) single family dwelling.

Application carried without notice from October 18, 2012
Steven A. Pardes, attorney for applicant. Vice-Chairman Reilly suggested to the attorney to not repeat testimony already on the record and to focus on the changes and the Boards concerns. Steve Pardes stated that one of the Board’s concerns was the length of the home and the Board had asked for that to be reduced and regretfully the plans have actually been changed and the home has been lengthened by four feet to accommodate parking a car. Joseph M. Donato, licensed Professional architect since 1991, has testified before board’s in Alpine, Cresskill and Fort Lee, credentials accepted, sworn, stated that the new addition would be 26 feet long and 23 ˝ feet wide. The addition would be structured on piles to comply with FEMA. They want the opportunity to park two cars and have access to the elevator. The bathroom would be kept and the three rooms would be used for storage. The three rooms would still be sheet rocked but the heat will be removed. The board has concerns that these three rooms can still be used as a bedroom which gives a total of ten bedrooms. The addition floor will have a master suite, walk-in closets and kitchen. Third floor will have six bedrooms and five bathrooms. The Board’s prior concerns were that the roof could be used for parties has been eliminated with the re-configuration of the pitch of the roof. Ray Savacool stated that his calculations put the home over on building coverage at 51.2%. Exhibit A- 3 Printed color photo of home; Exhibit A -4 Tax map colorized to document homes that exceed height requirement; Exhibit A-5 landscape plan. A-6 - Definition of Basement per applicant; Exhibit A-7 Figure 8-4 Lateral addition to a residential building. The applicant will install larger grasses and box woods along with Mrs. Graceffo’s flower boxes. Mr. Ardito stated that the addition will have break away walls but are they doing anything on the second floor? (No) Mr. Ardito inquired if this is a substantial improvement? (yes) Mr. Ardito then stated that the whole home would have to comply with FEMA regulations and inquired if they are prepared to bring the whole home into compliance? (No) Ray Savacool explained that the entire home would have to be constructed on piles and have break away walls since it located in a “V” zone, the board will not be giving any flood relief variances. Dennis Galvin stated that the board should not grant any flood relief variances. Steven Pardes said that they will be bound by what the Construction Official says that they have to do. Mr. Ardito said that he does not believe that they will get approval based on the plans. Steve Pardes said they need to be approved (granted the variances) before they go to the Building Department to find out it would be approved, it is a chicken and egg situation.
Let the record reflect that Mr. Reilly and Mr. Davis have listened to the audio of the previous hearing and have signed a certification and are able to vote on this application.
No audience questions
Many board members voiced concerns about this application. Dennis Galvin asked for a recess to speak to the applicant’s attorney. Roll call
James Giordano, Engineer, corrected a mistake on his plans…the length of the addition is 26 feet. Ray Savacool stated that his calculations put the length of the home at 87 feet and building coverage at 51.2%. James Giordano commented that it could be a condition to not exceed building coverage of 50%.
No audience questions/comments
Steve Pardes stated that the applicant would like to go ahead with the vote and gave his summation and reluctantly wants to have it put on the record that the Board attorney and acting Chairman had a private conversation in the backroom behind closed doors. The Board attorney objected to this comment and explained that he only discussed the fact that the applicant did not want to make adjustments to his plan and wanted to proceed with the vote. Dennis Galvin does not feel that he needs to explain private conversations to advise his client.


Wolfersberger – Wants the three stories explained to him. Concerns are that the building should comply with building coverage and that there should be no heat or air on the bottom floor. Concerned the buildings are getting bigger and bigger in the bungalow community; inclined to vote in favor at this time.
Mr. Kelly – Objects to just having three feet on each side of the home for emergency access. Three stories is over powering; it becomes a visual situation. Worried about the flood regulations.
Reynolds – Can only go by evidence and the way it was presented, that I see the potential for a ten (10) bedroom home. We hashed this out once before, and stated some issues and it comes back and is presented as a bigger structure. The bathroom on the first floor is newly renovated and has issues with 10 bedrooms.
Mr. Ardito – Agrees with Mr. Pardes about determining what is and what is not flood compliant. Have to agree with what was said about the potential for 10 bedrooms. Not showing any evidence that the walls of the rooms would be removed. This is not adding up to where I would feel comfortable.
Mr. Renner – Has the same concerns with the number of bedrooms and that they would not be utilized during the summer months.
Mr. Davis – High potential for continued use of this space. We are the gate keepers and we take that responsibility very seriously.
Mr. Spader – Had hoped to hear something convincing to allow this variance. We all know the bungalow section and it is a very crowded space. This is a bigger lot but the mass of the building is too much for the area.
Mr. Reilly – There are a lot of negatives; not sure what the building coverage is; extending a three story home. This could become a full place during the summer.
Motion by Mr. Reynolds to deny application #2012-21 of Anthony and Joan Graceffo , second by Mr. Spader.
In favor: Wolfersberger, Spader, Kelly, Reilly. Reynolds, Ardito and Renner
Opposed: None

Meeting adjourned at 10:20pm
Attest: Karen L. Mills, Clerk of the Board

Published February14, 2013 | Board of Adjustment Agenda | 1524

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