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July 17. 2014

Minutes

The July 17, 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. Dixon, Mr. Davis and Mr. Ferguson

Absent: Chairman Struncius, Mr. Reynolds, Mr. Ardito and Mr. Loder

Mr. Renner was present for the Hope Center and Brenda Nasce application.

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

Court Reporter – Denise Sweet

Memorialize minutes – Motion by Mr. Spader, second by Mr. Kelly to memorialize the minutes of the June 5, 2014 BOA meeting.

In favor: Spader, Kelly, Reilly, Dixon, Davis and Ferguson
Opposed: None

Memorialize Resolutions

Motion by Mr. Kelly, second by Mr. Dixon to memorialize the action and vote approving application # 2014-16 of Marcy E. Gendel – 225 Boardwalk with conditions

In favor: Kelly, Dixon and Reilly
Opposed: None

Application approved with conditions

Motion by Mr. Spader, second by Mr. Kelly to memorialize the action and vote approving application #2014-20 of William/Patricia Mollema of 36 Central Ave with conditions

In favor: Spader, Kelly and Dixon
Opposed: None

Application approved with conditions


Application #2014-25 – Richard Gibbs – 104 Harvard Avenue – Block 132; Lot 3 – Applicant constructed a new FEMA compliant single-family home and is seeking approval for side yard A/c unit and deck building coverage.

Richard Gibbs, applicant, sworn stated that he lost his home in Super storm Sandy. After construction of his new home it came to light that some honest mistakes had been made. He needed to apply to CAFRA and when he went for his TCO the building department realized that the a/c unit was placed within the side setback and that building coverage exceeded the allowable amount. Moving it to conform would violate the CAFRA permit. The 2.5% is mostly deck, stairs and landing. There were no objectors to the application.

Mr. Davis questioned if the original plans submitted to the Building Department showed the placement of the a/c unit. (Yes, the applicant believes the over site was an honest mistake)

The applicant stated that the home is attractive and much safer now and up to code.

No audience questions/comments

Deliberations

Mr. Spader – Sort of an unfortunate series of circumstances very satisfied that the bases have been covered.

Mr. Kelly – I think this is another example of speed, recovery and people wanting to get back into their home. This has happened many, many times in the last 18 months and have no problem with this.

Mr. Dixon – I have no problem with this, I am for this application.

Mr. Davis – I think the CAFRA situation proves a suitable hardship. It is a very attractive FEMA compliant house, In favor of this application.

Mr. Ferguson – I agree with what has been said; I think everyone was trying to do the right thing and the volume was overwhelming and this was an oversight. You paid enough for the over sight; in favor of application.

Vice-Chair Reilly – I agree with what everybody said; will be in favor of this application.

Motion by Mr. Spader, second by Mr. Kelly to approve application #2014-25 of Richard Gibbs, 104 Harvard.

In favor: Spader, Kelly, Dixon, Davis, Ferguson and Reilly
Opposed: None

Application approved


Application #2014-21 – Carolyn/James Walsh – 316 Arnold Avenue – Block 87; Lot 9 – Applicant wishes to construct a deck in the rea yard.

Carolyn Walsh, applicant, sworn. Rich Umbrino, builder, sworn. Carolyn Walsh stated that she would like to build a 12’ by 21’ foot deck. She purchased the home after the storm and would like to make some improvements. Rich Umbrino stated that the deck will be built from treks with white vinyl railings. The height of the deck will be 4 feet high plus the rail. The deck will be the same height of the neighbors. Mr. Davis commented that the deck will be covering some concrete and if the concrete is eliminated there will be some benefit. The applicant agreed to remove the concrete under the deck.

No audience questions/comments

Deliberations

Spader – This does take it over the 30% and this will make future variances restrictive.

Kelly – Has no problem with application.

Dixon – Looks like you are building a nice deck; same level as neighbors. Will be a nice addition…in favor.

Davis – The deck is an enhancement to the property…in favor

Ferguson – In favor of the application

Reilly – I was concerned with the coverage - but then applicant agreed to remove the concrete…I am OK with this.



Conditions

1. The deck is to be composite decking and railings are to be white vinyl.
2. The concrete below the deck is to be removed.

Motion by Mr. Davis, second by Mr. Spader to approve application #2014-21 of Carolyn/James Walsh – 316 Arnold Avenue – Block 87; Lot 9 with conditions

In favor: Spader, Kelly, Dixon, Davis, Ferguson and Reilly
Opposed: None

Application approved


Application #2014- 22 – Railroad Square Partners (Hope Center of NJ) – 413 Railroad Square – Block – 94.02; Lot 19 – Applicant wishes to conduct a non-profit help center.


Kay Kyff, applicant sworn. John Jackson, attorney for applicant, credentials accepted, stated that the Hope Center is a non-denominational help center for single parents. The Church will be the family and support that the single parent needs. At present they are assisting 8 people. This is respectively an office use. Exhibits A-3 – Group of photos (taken today) depicts small rooms they will utilize for counseling. Zoning had trouble deciding what kind of use it is – Church or Office? A-4 Pamphlets of services. The vision is someone will be referred to the center from a church and they will meet and screen the applicant and then the applicant will be assisted with what they need.

Kay Kyff, stated she is a resident of Point Pleasant Beach for 14 years. After the hurricane it became apparent that that the storm was the last straw for single parents who were living on a shoe string. We do not realize how bad things are for them. Based on this observance St. Paul’s Pastor Scott saw the need for these single families to have support. The faith based groups are ideal for these families that need support. They believed that they were an office use but when they applied for a sign they were told that they needed a variance. They have hired a contractor to put doors on the offices. The reception area will be used to fill out forms. The organization is funded by donations and volunteers and there will be a few paid staff members. The staff will consist of 6 to 8 members. On an evening basis they might have a bible study that will consist of approximately 15 people. Clientele will be limited to single parent families. They hope to be a clearing house to assist with clothing, food stamps and emergency needs. Chairman Reilly clarified that it will not be a center for drug and alcohol counseling. Mr. Renner stated that the counseling sounds beneficial to the community. Mr. Dixon stated that he prefers it does not service NA or AA.

John Jackson stated that as a community you need many threads to make a fabric and this will provide a valuable service. Mr. Davis questioned if this is going to be a day care center. (No) They will just be watching the children while the parents are being counseled.

Robert Kyff, sworn stated that it will not be a Day Care facility. The children will just be in a play room while the parents are receiving assistance. The applicant agreed to a closing time of 10pm.

Deliberations

Spader – I see it basically as counseling.

Kelly – I do not see any problem; this use was probably over looked. In favor

Dixon – I think this business is far away from any houses. This building is sort of a white elephant. I think this building is good for this use.

Renner – Agrees with what has been said. This is a great application for this location.

Davis – To quote Mr. Jackson “it does take many threads to make a fabric”. I believe this is an appropriate and needed use.

Ferguson – It is a shame there is a need for these services. You are not taking retail space away from anyone. I believe that you will do a good job – best of luck.

Vice-Chair Reilly – Now that I understand it I am much in favor.

Motion by Mr. Spader, second by Mr. Davis to approve application #2014- 22 of Railroad Square Partners (Hope Center of NJ) – 413 Railroad Square – Block – 94.02; Lot 19 with conditions

In favor: Spader, Kelly, Dixon. Renner, Davis, Ferguson, and Vice-
Chair Reilly
Opposed: None

Application approved with conditions

Conditions

1. The space occupied by the Hope Center of New Jersey, Inc. will be restricted to ministering and counseling individuals in an office type environment. Nothing in this restriction shall impair the future use of this space for permitted uses in the Zone.

2. The applicant agreed that the facility will not serve or facilitate Alcohol Anonymous or Narcotics Anonymous, or similar organizations, whether for counseling or meetings.

3. While children shall be watched during counseling sessions, the facility is not to be used as a day care facility.

4. The operation is to close at 10:00 p.m.



Application #2014-24 – Brenda Nasce – 118 Broadway – Block 158; Lot 1 – Applicant converted existing commercial garage into a dwelling unit and erected a shed.

John Jackson, attorney for applicant, credentials accepted. Brenda Nasce, applicant sworn.
Property was previously a home with a printing business in the auxiliary structure. Lost printing equipment in storm. Applicants wants to remain in Point Pleasant Beach because she has a nine year old son. Office space was easily converted to living space. She wishes to remain in the accessory structure until her home is repaired. Requesting garage on interim basis, the minute the house is complete she will vacate the garage.

Brenda Nasce stated that she bought the business 1998 and cleaned up the property and home. She changed the windows, doors, driveways and path ways. Home is located on main road. Applicant lost all contents of home and all printing machines in storm. The grants keep changing their programs; have been stuck in the middle. The applicant needs to get rid of the basement and lift the house up but is at the mercy of grants and the government. Cannot start the REM process without signing the grant and getting things done. The shop had plenty of insurance just did not have flood; lost over $300,000 in machines.

The board does not want this property to be multi-family and is going to require a deed restriction that once the main home is finished the applicant is to move back home and not rent the garage as an apartment. The garage can remain a print shop; the kitchen will be removed.
Audience questions/comments
Barbara Harris, 119 Sanborn Avenue – Questioned why the garage was converted without permits or permission. Barbara Harris stated that it has a washer/dryer and she has been living there. (Dennis Galvin explained the purpose of the zoning board.)Barbara Harris stated that Brenda rents out her house and rents the garage to workers from the boardwalk. Barbara Harris also commented that there is also a non-conforming shed on the property; it is located between the garage and the fence. Brenda stated that it was put in without a permit by a tenant. The shed is housing her equipment. Barbara Harris is annoyed by the way she keeps her property and wants to know how she can rent her original house to 13 kids. Mr. Ferguson stated we are moving forward and that the BOA is the wrong place to make that complaint.
Linda Mattoe – 116 Broadway – If she moves back into her house and the business will continue is she going to remove everything from the garage that makes it a living space. Dennis Galvin read the verbiage from the deed restriction. Will the shed be removed from our fence? Mr. Reilly – Has not been decided yet.

John Jackson – Closing statement

Deliberation
Mr. Spader – I commend counsel for trying to solve an interesting problem. There is conflicting testimony over the use of the garage. Makes me feel uncomfortable that we are not dealing with all the facts. I would like to see everything removed from the garage once her home is finished. No way that I would approve a second dwelling.
Mr. Kelly – Wanted why she was here clarified; now that I understand I am in favor.
Mr. Dixon – Applicant plans on rebuilding; once she has her REM grant she will rebuild. Personally I do not see why she has to remove the kitchen. Has no problem with temporary housing over the print shop. I am pretty sure she understands what she has to do. In favor with conditions and deed restriction. Understands the neighbors’ concerns.
Mr. Renner – Sorry for your loss. Two years is a long time to wait to get back in your house. Comfortable with you having some leeway. Would like to see the stove removed. That covers it.
Mr. Davis – Mr. Renner said it perfectly; it solidifies for code enforcement and any future owner that it is not supposed to be a two-family.
Mr. Ferguson - Agrees with everything that has been said. Has to be owner occupied; terrible thing that happened.
Vice-Chair Reilly – Major concern was I did not want two residences on the property. Dennis found a way to resolve it; applicant is in a tough situation. Concerned with the conflict in testimony between the applicant and her neighbors.
Conditions
1. The applicant is to record a Deed Restriction that will permit the temporary owner occupation of the print shop, it being understood that once the existing single family home is rebuilt and a Certificate of Occupancy issued, the print shop and the area above the print shop are not to be used for habitation. Further, the stove, kitchen cabinets and kitchen sink are to be removed upon the issuance of the Certificate of Occupancy. This Deed Restriction is to be recorded within thirty (30) days of the date of memorialization of this Resolution. The Deed is to be reviewed and approved by the Board’s Attorney.
2. The existing shed is to be moved to a conforming location.
Motion by Mr. Ferguson, second by Mr. Davis to approve application #2014-24 of Brenda Nasce, 118 Broadway with conditions
In favor: Spader, Kelly, Dixon, Renner, Davis, Ferguson and Vice-Chair Reilly
Opposed: None
Application approved with conditions


Meeting adjourned at 10:05pm
Attest: Karen L. Mills, Clerk of the Board, LUA


Published August22, 2014 | Council Minutes | 1932


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