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September 4, 2013

Minutes

The September 4, 2013 regular meeting of the Point Pleasant Beach Planning Board opened at 7:30 pm. The Acting Chairman read the notice of compliance with the "Open Public Meetings Act. Present were Board members Mr. Winter, Tom Migut, Mr. Pasola, Mr. Highton, Mrs. Loder, Mr. Paesano, Councilwoman Tooker, and Chairman Neumaier
Absent: Mrs. Koscinski

Motion by Mr. Winter, second by Mr. Migut to memorialize the action and vote approving Application #2013-355 of 524 Arnold, LLC

In favor: Migut, Winter, Neumaier, Highton and Paesano
Opposed: None


Application #2012- 360 – RAGAA Properties, LLC – Subdivision Variance
Property - 1505-1507 Ocean Avenue Block 13.05; Lot 7 & 8

Steven A. Pardes, Esquire, attorney for applicant, credentials accepted, stated that the applicant is applying for a minor subdivision on the property and that based on the testimony and concerns brought to the applicant’s attention, the applicant decided to withdraw their request for any variance, and only proceed with the request for a fully conforming Minor Subdivision.

Ray Carpenter, Professional Engineer, credentials accepted, stated that the property is a corner property measuring 105.9 feet on Ocean Avenue, and 150 feet on Carter Avenue. The property is currently designated by two separate lot numbers and is improved with two one story two family dwellings. The applicant is proposing to remove the 2 family dwellings and construct three (3) single family residential lots on the 3 proposed lots. The two, two (2) family dwellings that are on the site now are preexisting; so by bringing the two lots into conformance, it is a positive for both the town and the neighborhood. There are some sidewalks within the neighborhood, but it’s not on a regular basis. The applicant agrees to replace the curbing and will meet whatever the town requirements are regarding the drainage plan. There are 4 mark-outs for water and sewer; so every unit would have its own water and sewer, and one of them will be retired. The applicant will obtain Ocean County Planning Board approval for this application and will provide a site triangle easement.

Audience Questions/comments
The Board also heard testimony by the applicant’s Professional Architect, Richard Graham regarding a proposed layout and design of the house. Ray Savacool stated that the Board needs to know exactly what the design and floor calculations are. There is also an issue with the third floor. It was decided that the applicant would withdraw its request for any variances; so the Board makes no findings as to the layout or design of the home.

The Board determined that an approval of this application would create three (3) substantially conforming lots which comply with the Ordinance and that the subject property can be subdivided because adequate square footage has been provided for the proposed lots.

The Board found that in the absence of variances, this Minor Subdivision deserved approval as a matter of law.

Audience Comments
Gary Stivaly, of 205 Carter Avenue, and Richard Giantelli, of 203 Carter Avenue expressed some concerns regarding the setback variances, which were resolved when the applicant withdrew the variance request. Wants to be on the record stating that he feels no variances should be issued based on hardship.
Councilwoman Tooker commented that they should have suitable plantings on the property and around the foundation that are salt water tolerant.

Conditions
1. The applicant is to install sidewalk along Ocean Avenue, including compliant handicap ramps at the corner
2. The curbing along both roadways is to be replaced.
3. The applicant must submit a lot grading and drainage plan for review and approval, prior to the issuance of a construction permit, in accordance with the Borough Ordinance. (Note 15 shall be deleted from the plans.)
4. The applicant is to plant two street trees per lot, after consulting with the Point Pleasant Shade Tree Commission.
5. The applicant is to comply with the requirements of T&M’s letter dated August 6, 2013.
6. The applicant is to provide a site triangle easement in conformance with Ocean County standards, at the Ocean Avenue intersection.
7. This approval is subject to the Ocean County Planning Board approval.
8. There is to be no reduction in the total number of on street parking spaces adjacent to these lots.
9. The subdivision is to be filed by map.

Deliberations

Mr. Migut – Conforming sub-division and will be in favor.
Mr. Winter – Do not have a problem – 3 Conforming lots – will be in favor.

Motion by Mr. Migut, second by Mr. Winter to approve application #2013-363 of RAGAA Properties, LLC with conditions
In favor: Migut, Winter, Pasola, Tooker, Neumaier, Highton and Paesano
Opposed: None


Application #2013- 361 – Dearborn Subdivision Variance
Property: 119 Central Avenue Block 101 Lots 9 & 10

Steven A. Pardes, Esquire, attorney for applicant, credentials accepted, stated that the existing house was significantly damaged by Hurricane Sandy. The applicant cannot afford to rebuild the home; and so is looking to subdivide the property. The applicant wants to demolish the existing home and subdivide the property into three (3) conforming lots.

Professional Engineer, Ray Carpenter, P.E., stated that the applicant is proposing to divide the lot into three (3) lots. The lots will be developed with single family dwellings that are compliant with the SF-5 single family residential zone and that any construction on these lots will have to meet FEMA regulations. Looking at the tax map going down Central Avenue, most of the lots of the east of this site are the same width as the proposed lots. The lots on the block are all the same width, but some are deeper, so have larger lot area. There is no depressed curb on Central Avenue in front of lot 9.01, so a depressed curb on Central Avenue to access lot 9.01 will be needed. Lot 9.02, which is the corner lot, will probably have access off of Baltimore Avenue, and there is only one depressed curb on Baltimore Avenue, for the existing dwelling on Baltimore Avenue. The parking can be arranged on Baltimore so there can be two depressed curb openings, and still maintain the number of existing parking spaces. One parking space will be lost on Central Avenue and the applicant will repair any curb and sidewalk damage.

Audience questions/comments

John Amboy, of 15 Central Avenue and Chris Albers, of 111 Central Avenue, both inquired about the size of the three lots and were concerned about how it would affect the look of the neighborhood. They think three lots are too many and worry that it may diminish the value of the other homes in the area. John Amboy also expressed some concern regarding the aesthetics of the houses, which was resolved when the applicant withdrew its variance request. He is opposed to 3 houses and would like 2 homes. He believes the homes will look out of place.
Chris Albers, 111 Central – These lots will be the smallest lots on the street. Taking a really nice corner lot and split it up and put three structures that are not aesthetically pleasing. They will not match the rest of the block. Wishes it was subdivided into two lots.

The Board determined that an approval of this application would create three (3) substantially conforming lots which comply with the ordinance. The subject property can be subdivided because adequate square footage has been provided for the proposed lots.
The Board found that in the absence of variances, this Minor Subdivision deserved approval as a matter of law.

Conditions
1. The applicant is to repair any curbs or sidewalk damaged during construction, at the direction of the Board’s engineer.
2. The applicant must submit a lot grading and drainage plan for review and approval, prior to the issuance of a construction permit, in accordance with the Borough Ordinance. (Note 15 shall be deleted from the plans.)
3. The applicant is to plant two street trees per lot, after consulting with the Point Pleasant Beach Shade Tree Commission.
4. The applicant is to comply with the requirements of T&M’s letter dated August 7, 2013.
5. The applicant is to provide a site triangle easement in conformance with Ocean County standards for the Baltimore Central Intersection.
6. This approval is subject to the approval of the Ocean County Planning Board.

7. This approval is subject to the Governing Body granting two depressed curb cuts on Central Avenue and one on Baltimore Avenue. (The Board recognizes the fact that one on street parking space will be lost as a result of this proposal.)
8. The subdivision is to be filed by map and shall comply with the map filing law.
Deliberation
Mr. Pasola – Totally understand the neighbors’ concerns. The applicant meets all the legal criteria; we just have to hope they build attractive homes that fit in with the neighborhood.
Chairman Neumaier – It might have been more valuable for your client to keep the two lots but that is not our call.
Mr. Paesano – It is a beautiful existing lot; many of us would like to see it not change but were are obligated by law to approve.

Motion by Mr. Pasola, second by Mr. Winter to approve application #2013- 361 of Dolores Dearborn, 119 Central Avenue with conditions

In favor – Migut, Winter, Pasola, Tooker, Highton, Paesano and Neumaier
Opposed: None
Application approved with conditions

Application #2013- 359 Vitollo Subdivision/Variances
Property: 122 Randall Block 149 Lot 38

Due to the lateness of the meeting this application has been carried to October 2, 2013 without notice



Attest: Karen L. Mills, Clerk of the Board


Published February04, 2014 | Planning Board Minutes | 1775


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