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June 26, 2013


The June 26, 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. Spader, Mr. Reilly, Mr. Kelly, Chairman Struncius, Mr. Ardito, Mr. Renner, Mr. Loder and Mr. Davis
Absent - Reynolds and Shamy

Memorialization of April 24, 2013 minutes – Motion by Mr. Loder, second by Mr. Kelly to memorialize the minutes of April 24, 2013
In favor: Kelly, Loder and Davis
Opposed: None

May 2, 2013 minutes – Motion by Mr. Reilly, second by Mr. Kelly to memorialize the minutes of May 2, 2013
In favor: Wolfersberger, Spader, Reilly, Kelly, Ardito and Struncius

Memorialization of Resolutions

Resolution #2012-21 – John P. Buza – 105 Parkway w/conditions – Motion by Mr. Spader, second by Mr. Davis to memorialize the action and vote approving application #2012-21 of John P. Buza with conditions
Resolution #2013-24 – David and Elizabeth Nadle w/conditions – 205 Trenton Avenue – Motion by Mr. Davis, second by Mr. Reilly to memorialize the action and vote approving application #2013-24 of David and Elizabeth Nadle with conditions.
In favor: Spader, Kelly, Ardito, Loder, Davis and Reilly
Opposed: None

Application #2013- 27 - Rocco and Maria Pallone – 114 Forman Avenue – Block 63; Lot 13 – Applicant wishes to raise one of two dwellings located on property.

Steven A. Pardes, attorney for applicant. Maria Pallone, applicant, sworn stated that her home was destroyed during the hurricane. The elevation of the home will result in the front staircase encroaching into the front yard setback and there are two principal structures on the lot creating a “use” variance. The applicant have owned the property since 2005. The applicants are trying to make this their primary residence. The applicant stated that they had a foot and a half of water in her home. Being that the home is one level they lost everything. Maria Pallone stated that the storm has affected her allergies. The home will occupy the same footprint and will be higher then required by FEMA because they are hoping to park the cars under the home.
The applicant stated that the rear structure is utilized as a rental income property. The height of the primary home will be 34.7 feet; Front set back is 12 feet. Mr. Spader inquired if there was a C of O for the rear rental unit (yes) Occupies 4 people. Mr. Ardito inquired why they were not elevating the rear unit to be flood compliant. The applicant replied it is about the money; they cannot afford to raise both structures. Mr. Galvin stated that he knows the applicant is talking about emotional issues but we have to stick to the land use explanations and have some planning testimony for the “use” variance.
Steven Pardes stated that the rear structure was built in 1945 and from the narrowness of the access point it could not have been a garage because you cannot access it with a car. Chairman Struncius indicated that it was not listed as a rental unit in the tax records; it does not say what kind of structure it was. Maria Pallone stated that it was a rental unit when they purchased the property. Mr. Spader is concerned about the rear building and the amount of water damaged it incurred. Chairman Struncius reminded the board that since the applicant is opening up the whole property to interpretation because of the variance we are allowed to be concerned about both structures. Mr. Reilly inquired if there had been a letter issued stating that there was substantial damage to the rear structure. Ray Savacool replied that they would have to find that out from the building department. Dennis Galvin does not believe that the Building Department should have allowed the applicant to repair the rear unit without a variance and believes that some inquiries need to be made. Steven Pardes stated that the case has been presented the way it is because they had a great deal of damage and have invested a lot of money. Steven Pardes stated that his applicant would have no problem with a deed restriction limiting the property to one rental unit. Dennis Galvin pointed out that there is a lot of space listed as storage space; believes it exceeds the allowable habitable attic space. Mr. Wolfersberger stated that the third story needs to be reduced to a half story; side yard setbacks, rear property among other issues need to be addressed before he would vote in favor. He does not know if they can be handles by conditions. Chairman Struncius inquired how the applicant was going to address the foundation. The applicant stated that she would like to landscape it. Mr. Spader finds it hard to ingest 5 feet of water in the rear unit and that there wasn’t sufficient damage to require it being elevated; he doesn’t believe putting people in a substandard rental unit is a good idea. Mr. Wolfersberger said if there is going to be a storm that people evacuate; you do not stay. Mr. Wolfersberger fixed his home without raising it. Mr. Reilly also added that if the applicant didn’t need a variance we would have never known about the rear structure. Mr. Wolfersberger stated that he and Mr. Spader will need proof that the rear rental unit has been there for a long time.

Ernest Pizzio – neighbor – Being a next door neighbor I can tell you the rear unit has been a rental unit for 20 years plus. He is saying that everything the Pallone’s have done since they purchased it in 2005 has been a positive.

Motion by Mr. Reilly, second by Mr. Loder to carry application #2013-27 of Rocco and Maria Pallone to August 21, 2013 without notice.
In favor: Wolfersberger, Spader, Reilly, Kelly, Ardito, Loder and Struncius
Opposed: None
Meeting adjourned at 8:45pm
Attest: Karen L. Mills , Clerk of the Board

Published August19, 2013 | Board of Adjustment Minutes | 1659

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