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February 7, 2013


The February 7, 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, Chairman Struncius and Mr. Ardito
Alternates: Mr. Davis and Mr. Shamy
Absent: Mr. Reilly and Mr. Loder
Memorialization of January 17, 2013 minutes – Motion by Mr. Ardito, second by Mr. Davis to memorialize the minutes of January 17, 2012
In favor: Kelly, Reynolds, Ardito, Davis and Shamy
Opposed: None

Motion by Mr. Shamy, second by Mr. Davis to memorialize the action and vote approving
Application #2012-27 of Pat Pollari - 103 Riverside Place ; Block; 157 Lot 20- Applicant wishes to raise existing single family structure and rebuild new home with second floor utilizing existing footprint.
Approved with conditions
In favor: Kelly, Reynolds, Ardito, Davis and Shamy

Motion by Mr. Shamy, second by Mr. Reynolds to memorialize the action and vote approving
Application #2012-26 – Jenkinson’s South, Inc. – Applicant is looking to amend previously approved site plan.
Approved with conditions
In favor: Kelly, Reynolds, Ardito, Davis and Shamy
Opposed: None

Application #2013-01 - Margaret Buccino – 319 Newark Avenue; Block 20; Lot 10 -Applicant wishes to construct a new single family dwelling.
Steven A. Pardes, attorney for applicant stated this is an application to build a new home to replace a storm damaged hone. Verity Frizzell, Professional Architect, sworn, credentials accepted. Lot is located on a corner property which creates some hardship issues. Variances requested - Rear 25.42 feet where 30 feet is required; 95 square feet over on building coverage and front yard setback. Single family home, 2 stories, cedar impression vinyl siding; Elevated above the ABFE flood requirement. Setback from St. Louis is the same, 15.67, 11.67 with stairs; rear setback 25.42 feet.
Verity Frizzell stated that it is an aesthetic improvement and compatible to surrounding properties. Home is now more conforming – height of home is 31 feet and ¾ inches hall, well below 35 feet that is allowed. Generated and a/c in rear yard will be screened.
No audience questions/comments
Margaret Buccino, applicant, sworn, stated that the family has owned the property since 1949 and she has lived here year round since 2002. She requires a 1 ½ car garage to accommodate for her 6 grandchildren bikes and she needs a dumbwaiter for groceries. The existing shed is being removed.
No audience questions/comments
Wolfersberger – No problem with application …in favor
Spader – also agrees, proportioned properly, fits the neighborhood..will support application
Kelly- agrees with everybody.
Reynolds – Agree with colleagues..understand the need for the garage In favor
Ardito – It is a very attractive home; we get a compliant home to flood elevation, a plus for the community. Do not see anything negative In favor
Davis – Sorry for loss of her home, hopes this home becomes a model for corner lots in this town. In favor
Shamy – Positives of this application greatly outweigh the negatives; deviation from code necessitated by corner lot and by new flood elevations. Beautiful home, in favor
Struncius – Not pushing 35 foot height limit, garage being over sized for storage, removing shed. In favor

Motion by Mr. Wolfersberger, second by Mr. Spader to approve application #2013-01 of Margaret Buccino with conditions.
In favor: Wolfersberger, Spader, Kelly, Reynolds, Ardito, Davis and Struncius.
Opposed: None


1. The home and garage are to be constructed as described to the Board at the time of the hearing.

2. The air-conditioner units and generator are to be screened with landscaping.

3. There are to be no accessory structures except as shown on the plan.


Application #2013-02 - Godwin Family Properties (Point Lobster)– 401 and 403 Channel Drive – Block 174 ; Lot 1.01 /1.02 – Applicant wishes to raise only the single family dwelling and build a new single-family dwelling
Ray Bogan, attorney for applicant. John Godwin, applicant sworn. Point Lobster, wholesale and retail processor of live lobster and is a family owned business and he resides in the storm damaged residence located on the property because he needs to be available for deliveries. . The business is run 24 hours per day to accommodate the fisherman coming in and dropping off the fresh catch. The lobsters rely on the quality of the lobster tanks which constantly need to be monitored. They also have trucks that transport the live lobsters to businesses.
No audience questions/comments
Mark Nemergut, Professional Architect, first time testifying before a board, has made changes to original plans to accommodate building in the “V” zone based on the advisory flood elevations. First sub floor elevation will be 15 feet 2 inches which is compliant to base flood elevations in the “v” zone. First floor walls will be break away walls compliant with “V” zone construction. There is also room to park a vehicle under the home. The height of the home will be 28 foot 8 inches. There will be aesthetic improvements, replacing windows and ventilation will be upgraded. The new home will have a standing seam metal roof for accent. Mr. Ardito commented that it is nice to have someone upgrade and comply to flood elevation voluntarily and applauded his actions. An adjoining garage will be removed off the property. Permeable substance will be under the home for recharge. Mr. Reynolds inquired if there is a way to tether the breakaway walls. Architect (yes) Mark Nemergut reviewed the structure of the pilasters at Mr. Davis request. .

Brian Murphy, licensed Professional Engineer, has testified before Toms River, Seaside and Brick, credentials accepted. Exhibits A-3 Colored drawing, A-4 Google Earth photo and A-5 site plan (depicting what might be proposed in future). Brian Murphy reviewed Ray Savacool’s letter. This is an existing use that supports the permitted use. It will be a much more attractive structure and sees no negative impact to the surrounding area. The nearby properties are to the east a Marina, to the south there is a restaurant and to the west is a parking lot. The house will be lifted in place and stairs will be added. The processing facility for lobsters will remain as is. The cooler will be moved onto the property. Ray Savacool stated that the MC zone permits a residential unit over commercial and inquired if the engineer felt this residential unit accommodated that use. (Yes) Ray Bogan stated that he believes the negative and positive criterion has been met from an aesthetic and structural aspect.

Wolfersberger – Agrees with everything – complying to “V” zone requirements and is only 28 feet high.
Spader – See this as a step forward on the part of the applicant. Rustic looking but can be tidied up a little bit. In favor
Kelly – Considering the restrictions I have no problem with this application
Struncius – Witnessing use for a long period of time. Expansion of non-conformity is needed; cleaning up property, no negative at all here.
Reynolds - Local family business that is doing what is necessary to keep the business and comply to the flood zones
Ardito - Applauds the applicant for bringing the building into compliance. Design of home looks good; eliminating the shed and garage from property. Due to nature of business (live lobsters) applicant needs to live on property which makes home necessary to be there to respond to deliveries and emergencies. A lot of positives coming from this proposed plan and am in favor.
Davis – Echo’s the rest of the boards’ comments and thinks this is a good improvement and application.
Shamy – Also agrees looking at the overall scope of the project. Ancillary use to the commercial use and is a benefit overall.

Motion by Mr. Reynolds, second by Mr. Ardito to approve application #2013-02 of the Godwin Family Properties, Llc., with the following conditions.
In favor: Wolfersberger, Spader, Kelly, Reynolds, Ardito, Davis and Struncius.
Opposed: None

4. The break-away walls are to be tethered. The applicant is to advise the Board prior to memorialization if FEMA regulations would conflict with this request.
5. The area underneath the decking on the side of the home will be comprised of porous materials.
6. The garage, shed, and covered storage area are to be removed prior to the issuance of a Certificate of Occupancy.
7. The cooler is to be moved to within the property limits and as close as practical to the existing commercial building.
8. The break-away walls are to be tethered. The applicant is to advise the Board prior to memorialization if FEMA regulations would conflict with this request.

Meeting adjourned at 9:01pm
Attest: Karen L. Mills, Clerk of the Board

Published March01, 2013 | Board of Adjustment Minutes | 1533

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