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March 20, 2014


The March 20, 2014 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. Kelly, Mr. Reilly, Mr. Reynolds, Mr. Ardito, Mr. Dixon, Mr. Renner, Mr. Loder and Mr. Davis

Absent: Struncius and Ferguson

Also present: Dennis Galvin, Board Attorney, Ray Savacool, Board Engineer and Karen L. Mills, Clerk

Court Reporter – Denise Sweet

Motion by Mr. Reynolds, second by Mr. Ardito to memorialize the minutes of February 6, 2014

In favor: Kelly, Reilly, Reynolds, Dixon, Renner and Davis
Opposed: None

Motion by Mr. Reynolds, second by Mr. Davis to memorialize the minutes of February 20th, 2014.

In favor: Kelly, Reilly, Reynolds, Dixon, Renner and Davis

Opposed: None


Motion by Mr. Ardito, second by Mr. Reynolds to memorialize the action and vote denying application #2014-04 of Carl/Elizabeth Erickson– 107 Riverside Place

In favor: Kelly, Reynolds, Reilly, Ardito, Dixon and Davis
Opposed: None

Application #2014-06 – Stephen Hyduke – 204 Randall Avenue – Block 129.01; Lot 23 – Applicant wishes to construct a deck in the rear yard. House was previously elevated in accordance with Assembly #3890.

Stephen Hyduke, applicant, sworn. Owns home on Randall which has been raised due to damage from the storm. Rear of home has two six foot sliding doors which he would like to connect with a deck. Both sliding doors open into bedrooms. Believes the deck will give better egress in case of an emergency. The two separate staircases which are there now are not attractive or practical. Proposing to come out with existing pavers to walkway. Most of the rear yard was impervious prior to the storm. The applicant would like the deck to extend the full twenty-nine feet (the width of the home). The applicant stated that he would like to have treks or fiberglass. Mr. Reynolds said that the materials will make a difference because fiberglass does not allow the passage of water and this would not be agreeable to him. Mr. Reynolds is thinking the deck should be six inches past the right door and open decking. The applicant stated that he is willing to remove the cement slab in the rear yard if he can have fiberglass decking with some kind of drainage. Mr. Ardito explained that his impervious coverage is high and adding to it is not productive to what the board is trying to accomplish.

No audience questions/comments

The board is not happy with the plans as proposed and has requested that the applicant rethink his proposal. Dennis Galvin explained that the board would like to work with him but they need to know what the deck will look like and the materials that will be utilized.

Motion by Mr. Reynolds, second by Mr. Renner to carry application #2014-06 of Pat/Stephen Hyduke to April 17, 2014 without notice

In favor: Spader, Kelly, Reynolds, Ardito, Dixon, Renner and Reilly
Opposed: None

Application #2014-03 – Araceli Ziemba – 115 Central Avenue – Block 101; Lot 8 – Applicant wishes to demolish existing single family dwelling and construct a new FEMA compliant single family dwelling.

David E. Convery, Esq., attorney for applicant, stated that she is very apologetic for not being here but she has authorized her brother, John Ziemba to represent her. Dennis Galvin stated that the Power of Attorney is in order.

Robert Burdick, Professional Engineer/Planner, sworn, credentials accepted. Robert Burdick reviewed Ray’s comments. Exhibit – A- 5 – Letter stating severity of damage. A-3 Google earth map photo Power of Attorney – A-6. Replacement of the house will require a height variance of 38.2 feet; Building coverage of 30.21% and a front yard setback of 18 feet. Finished first floor must be at elevation eleven (11). This will give adequate room underneath for parking and storage. There will be no habitable attic space. Foundation will have decorative stone around the entire structure. Exhibit A-3 depicts that most homes on Central violate the front yard setbacks. Of the seven homes the average setback is 17.4 feet. Mr. Davis inquired if the chimney also requires a setback. Robert Burdick stated that they will make the chimney comply. Driveway will remain the same with existing curb cut.

Thomas Ziemba, applicant’s representative and brother, sworn, stated that there was approximately 3 ˝ feet of water in the kitchen during the storm.

No audience comments/questions

David Feldman, sworn, principal architect of Feldman and Feldman stated that there will be pull down stairs for the attic. Roof has a 5 to 6 pitch. Mechanicals will be located in the attic.

No audience questions/comments


Loder - Like the design of the house. Based on testimony of applicant and architect, comfortable with the height variance and bldg. coverage is diminimus.

Spader – Happy to see the chimney is moved to comply. In favor with the conditions.

Kelly – We continue to get these new proposals where every variance is a stretch. The 18 feet is not a real issue because quite a few of the homes are like that. Has no objection to application.

Reynolds – Has no objections but you start from scratch and you could comply, .21% is not much at all, but you did have a clean slate. You should have just been coming here for the height. Given where the water was I can see where the 38 feet is needed.

Ardito – We have reduced the variances to three (3). The 18 foot setback is consistent with the neighborhood. I think it fits into the neighborhood. The building coverage is diminimus (.05%). Now it comes to building height. What it comes down to is safety. Sorry for your loss of property. Positives outweigh the negatives. Likes the design and will be in favor of application.

Dixon – Very nice looking house. The coverage has been taken care of by moving in the chimney. Will be in favor.

Renner – Agrees with Mr. Dixon and will be in favor.

Davis – Expressed feelings of understanding for what they have had to go through. Gained a substantial amount of living space in the front yard porch. Overall the positives of this house far outweigh the negatives and will be in favor.

Reilly – I think house is beautifully designed and very very attractive. I think it will be an improvement in safety and efficiency…an improvement to the neighborhood in general. Could nitpick a bit and question the first floor 9 foot ceiling. The presentation was very good. Likely to be in favor of this.


1. While permitted the ground floor is to be limited to parking and storage.
2. The plan is to be revised to move the chimney to a conforming location.
3. The attic access is to be limited to pull down stairs.
4. The front foundation facade must be stone as shown to the board, but the applicant may use siding or plantings on the three remaining sides which should be approved by the board’s engineer.

Motion by Mr. Reynolds, second by Mr. Ardito to approve application #2014-03 of Araceli Ziemba with conditions.

In favor: Spader, Kelly, Reynolds, Ardito, Dixon, Renner and Reilly
Opposed: None

Application approved with conditions

Application #2013-65 – Boardwalk Buggy, Inc. (Offshore Restaurant) – 225 Ocean Avenue – Applicant wishes to operate a Pedi-cab business. Cabs will be stored at the Off Shore Restaurant. Applicant will utilize (2) cabs in 2014 and four (4) cabs the following year. Each cab will provide signage on the doors and in the rear of the cab.

Mr. Dixon has stepped down from this application.

John Jackson, Esq, applicant’s attorney stated that the applicant, Exhibits entered A-3 – GEM Brochure, A-4 – Excerpt from June 18th, 2013 council minutes A-5 Site plan Mr. Matisse proposes to use low speed vehicles (similar to electric golf carts) to circulate through town during the summer months to take individuals from one place in the Borough to another. With the permission and in conjunction with Frank Ditullio, owner of Off Shore Inn, Mr. Matisse is requesting to utilize space in the parking lot of Off Shore Inn as an overnight resting place and charging station for the vehicles. The service will not charge a fee, but will generate revenue by advertising contained on the vehicles. The vehicles will pick up people at the train station, the hotels, or individuals just walking from one area of town to another. The Off Shore Inn has an area in the parking lot that will fit the vehicles without taking up any designated parking spaces. The applicant will also need to obtain relief from town Council to amend the Ordinance with respect to low speed vehicles. The applicant will also need a use variance as this is not a permitted use.

Christian Matteis, (Boardwalk Buggy, Inc) applicant, sworn, stated that he envisioned a need for this type of short range transportation and will be able to provide the service without any cost to the Borough. The service is not intended to compete with existing taxi service in the Borough and the proposed shuttle service is only for the local area and will not go beyond the Borough. The service will benefit the residents of the Borough as well as other merchants by providing a service that will cater to people who want to leave their cars parked. The applicant is proposing to start the business with only two (2) vehicles. There will not be any preset stops, no particular destinations and will be primarily servicing pedestrians along Arnold Avenue, Ocean Avenue and Broadway. The shuttle will pull into a safe open space, such as off the shoulder of the road or into a parking lot, to load and off-load the individuals. The hours of operation will be consistent with the hours of Off Shore Inn (from around noon to about 10:30 in the evening). They are not interested in catering to crowds departing the bars in the late evening/early morning hours. The service will operate between May1st and October 31st.
The vehicles will need to be licensed with the State. The vehicles are recharged by using a standard 110v receptacle and take approximately 6 hours to recharge.

The ads will be located on the doors of the buggies and they will be magnetic or will be a sticker that can be removed and replaced. The vehicles will have seatbelts and headlights. Drivers will be over 18 years of age, will have a clean driving record and will have to pass a background check.

Frank Ditullio, owner of Off Shore Inn, Inc., sworn, stated that the busiest time for the restaurant is between 5:30 p.m. and 10:30 p.m. Although the parking lot is full during that time, people come and go throughout the night so it usually is never totally occupied. During the summer months there are no upstairs parties so parking will not be compromised during the summer months. The current lighting condition in the parking lot is sufficient and no additional lighting will be required. The site also is equipped with 24-hour security cameras.

Audience questions/comments

Chuck Venedam was concerned that the two vehicles would take up parking space in the lot forcing people to have to park on the street. He was informed that the shuttles will only be allowed on the site in the designated shuttle parking area. The area where the shuttles will park are not designated parking spaces. The proposed designated space is not being used for anything at the present time.

David Hyduke stated that he shares a fence with Off Shore Inn. He is in support of the application but had a concern that if the shuttle business grows and they are forced to move to another location, will the variance to park commercial vehicles continue. He was informed that they would not be permitted to utilize that space to park any other commercial vehicles.

Christine Nazzaro Cofone, P.P., sworn, stated that the following:

A. The proposed use is not a permitted use in the RR-1 Zone; however, the use would not be permitted in any Zone without amending the Ordinance.

B. The site is particularly well suited for the proposed use as it is in a geographically desirable location.

C. Using the space in the Off Shore Inn parking lot will not eliminate any of the designated parking spaces for the restaurant. The restaurant has at the present time 44 parking spaces and they will continue to have 44 parking spaces.

D. This service will be a benefit to the community as someone can request to be picked up at their residence and taken to a restaurant or to somewhere in the Borough. This will help to ease the on-street parking demand.

E. The site can be accommodated so the buggies can get in and out of the property even when the parking lot is full.

F. Ms. Cofone opined that this is a very exciting and unique opportunity that will be an asset to Point Pleasant Beach.


Loder – No comment
Spader – Thinks it is a very interesting proposal and adequately covered the concerns and will be in favor.
Kelly – Agrees with Tom and as far as the Off Shore is concerned has no problems.
Reynolds – Thinks it is a great idea. Do not know how we could turn it down. Has concerns about the safety and policing but that is for the town to control. It is Eco friendly. Can see his family going on the internet and saying I need a ride. Good idea…I hope it works.
Ardito – Case is well presented as Mr. Reynolds said things that we are concerned with have been addressed. We are not losing parking. Jitneys in Atlantic City have survived for many years with the drivers just receiving tips. I think the reasoning you used for highlighting the positive criteria has been met and will be in favor.
Renner – Happy that the neighbors took time to come out and talk about this. In favor of this.
Davis – For all of the testimony that has been given and the positive criteria that has been met….will be in favor.
Reilly – Likes the idea and the point on the positives and negatives were clearly made. This is a no brainer for me. In favor.


1. The shuttle is to be circulating during the restaurant’s peak operational hours.
2. The shuttles are to be recharged by means of a permanent electric charging station in the lot.
3. The shuttles are never to be charged by means of a gas powered generator on this site.
4. This approval is subject to the Borough Council permitting this type of service by Ordinance.
5. The shuttles are only to be parked on this site in the designated shuttle parking area.
6. This approval is strictly limited to just two (2) shuttles of a type described to the Board at the time of the hearing. The Board is not granting the right to park any other type of commercial vehicle, including but not limited to common carriers, carriages, cabs, limousines, taxis, etc.
7. The shuttle parking shall only occur May 1st through October 31st.
8. The shuttles are not to be covered with a tent or tents.
9. A copy of this Resolution is to be recorded.

Motion by Mr. Renner, second by Mr. Loder to approve application #2013- 65 of the Boardwalk Buggy, Inc. with conditions

In favor: Loder, Spader, Kelly, Reynolds, Ardito, Renner and Reilly

Opposed: None

Application approved with conditions

Board went into closed session to discuss the Graceffo litigation

Meeting adjourned at 10:45pm

Attest: Karen L. Mills, Clerk of the Board

Published April22, 2014 | Board of Adjustment Minutes | 1857

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