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September 18, 2014

Minutes

The September 18, 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, Chairman Struncius, Mr. Reynolds, Mr. Ardito and Mr. Ferguson

Absent: Mr. Dixon, Mr. Renner, Mr. Loder and Mr. Davis

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

Court Reporter – Denise Sweet

Memorialize minutes –
Motion by Mr. Reilly, second by Mr. Ardito to memorialize the minutes of August 21, 2014
In favor: Kelly, Reilly, Ardito, Ferguson and Struncius
Opposed: None

Memorialize resolutions
Motion by Mr. Ardito, second by Mr. Reilly to memorialize the action and vote approving Resolution #2014-27 of Dewey/Deborah Imhoff – 217 Philadelphia – with conditions
In favor: Kelly, Reilly, Ardito and Struncius
Opposed: None
Motion by Mr. Reilly, second by Mr. Kelly to memorialize the action and vote approving Resolution #2014-14 of David Villane d/b/a/ Wet Prime Properties, LLC – 152 Baltimore Avenue – with conditions
In favor: Kelly, Reilly, Ardito and Struncius
Opposed: None
Motion by Mr. Ardito, second by Mr. Reilly to memorialize the action and vote approving Resolution #2014-26 of Eric Seaberg – 120A Randall – with conditions
In favor: Kelly, Reilly, Ardito and Struncius
Opposed: None

Letter: Christian Pirl Resolution #2013-51 – 307 Laurel – Would like to amend to have Cedar Impressions just in front of home.
Motion by Mr. Reynolds, second by Mr. Reilly too allow the siding to be cedar impression just in front of the home.
The clerk has been directed to attach letter of amendment to resolution and submit to Zoning Officer.
In favor: Kelly, Reilly, Reynolds, Ardito and Struncius.
Opposed: None
Request approved
Letter: Nancy Gimbert – amend resolution #2013-44 – 807 Long Point lane – requesting to reverse layout of home.
Motion by Mr. Reilly, second by Mr. Spader to approve the revised plan to allow the floor plan to be reversed and the garage to be relocated to the north side of home.
The clerk has been directed to attach letter of approval to resolution and submit to Zoning Officer.
In favor: Spader, Kelly, Reilly, Ardito and Struncius.
Opposed: None
Request approved

Application #2014-32 - Carl Zimatore/Cory MacGregor – 603 Arnold Avenue – Block 93; Lot 15.01 – Applicant wishes to open a new group fitness business.
John Jackson, Esq. attorney for the applicant, stated that the applicant would like to open up a fitness center on Arnold Avenue. There have previously been fitness centers on Arnold (Curves), dance studios are permitted.
Corey James MacGregor, applicant, sworn, stated that he will do circuit training with eight (8) stations. Classes will not exceed 20 members. Classes will be held in early morning and late afternoon/early evening. Members will park in Borden’s parking lot or on street. Equipment will be free weights, treadmills and squat stations. There will not be open gym and there will be one employee (intern). There will be music but nothing obscene or loud.
No audience questions/comments
Deliberations
Spader – Questions were answered satisfactorily and with the conditions in place will be in favor. Wished the applicant success.
Kelly – Another example of the Master Plan needing to revised. Does not see this as a problem and will be in favor.
Reilly – Does not see much difference between this application and others in the same zone. Likes the idea of growing a customer base in this area.
Reynold – The downtown has gone from being a ghost area to being vibrant and sees this as a nice addition to what is happening in the area.
Ardito – Nothing else to add to what has already been said – good luck
Ferguson – Agrees with Mr. Reynolds – you are taking a vacant store front and adding a business that will be up and moving- best of luck

Conditions
1. There are to be no gym classes or activities in the parking lot.
2. There are to be no more than 20 participants in a class.
Motion by Mr. Spader, second by Mr. Reilly to approve application #2014-32 of Carl Zimatore/Cory MacGregor – 603 Arnold Avenue – Block 93; Lot 15.01 with conditions
In favor: Spader, Kelly, Reilly, Reynolds, Ardito, Ferguson and Struncius
Opposed: None
Application approved with conditions

Application #2014-28 – Richard/Vania Cardinale – 111 Atlantic Avenue – Block 63; Lot 6 – Applicant is seeking a variance for additional deck coverage and relocation of in-ground pool.
Richard Cardinale, applicant sworn, stated that he wants to extend some decking area. Home was destroyed by hurricane Sandy. Matthew Toth, designer, not a licensed architect. Cannot accept his credentials, will allow him to explain plan. Matthew Toth stated that the Cardinale’s home was destroyed by hurricane Sandy and that he hired Nafrosky architecture to design the new home. Chairman Struncius inquired why they do not pull the pool over five (5) feet to comply. Richard Cardinale stated that he wanted more yard for his children to play. Mr. Spader inquired at what point he decided to connect the decks. (Applicant does not know). Ray Savacool referred to the revision key on the plans. The Board is not happy with the plans and believes the building coverage is too high and will give the applicant time to revise his plans.
Applicant waived the time to hear the application.
No audience questions/comments
Motion by Mr. Reilly, second by Mr. Spader to carry application #2014-28 – Richard/Vania Cardinale – 111 Atlantic Avenue – Block 63; Lot 6 to November 6, 2014 without notice.
In favor: Spader, Kelly, Reilly, Reynolds, Ardito, Ferguson and Struncius
Opposed: None
Application carried without notice

Application #2014-23 – Joseph/Lorraine Gankiewicz – 14 Danby – Block 121; Lot 4.405 – Applicant wishes to demolish existing single family dwelling and construct new FEMA compliant single family dwelling.
Vice-chair Reilly has stepped down from this application.
John Jackson, Esq. attorney for applicant. Robert Scialla, applicant’s architect, sworn reviewed his plans and the reasoning for the design. There will be a garage on the Danby side. Exhibit A-3 – Colored rendering of home entered, Roof peak is at 32 feet; which gives it architectural balance. A-4 – View from ocean photos showing homes in vicinity. A-5 – DW Smith Plot Plan and A-6 – Plan B colored rendering showing home with lower roof line.
No questions of audience
Tim Lurie, Professional Engineer and Professional Planner, sworn, reviewed the Board’s engineer’s letter. Home will be 47.9% building coverage. Tim Lurie stated that the new plans have slightly increased the side yard setback. This home will now provide parking (2 -3spaces) underneath it and behind it. Front yard deck will now cover what was the patio. Home is setback 24 feet from boardwalk. Chairman Struncius stated that this application is about the second story; that is what is driving the variance, wants to hear the rationale. Tim Lurie stated that the area is now a combination of 1 ½ - 2 stories. Mr. Spader inquired what the square footage of the home is. (About 2,000 square feet). Mr. Spader inquired what the hardship is. Mr. Scialla stated it is economic feasibility of making the investment in the property. John Jackson stated that if all the houses were of this caliper we would be better off, especially ocean front. Tim Lurie stated that according to Cox, the harmonious visual picture is a special reason to grant a height variance. John Jackson said it is also the development pattern in this area. Mr. Ardito believes the height of the home is also because the applicant wants a usable garage.
Joseph Gankiewicz, applicant, sworn. Mr. Ardito inquired if had gotten a flood insurance quote. Mr. Ardito informed him that based on the flood elevation in this area (-4) that their insurance will be somewhere in the $8,000 range or if they can enclose the garage area with material that leaves it 40% open their rates will be reduced. Mr. Scialla said that he would be able to open up the garage area and meet the insurance requirements; the only area that needs to be enclosed is the stairs. John Jackson stated that it is not feasible to build a 900 foot square home.
Joseph Gankiewicz stated that he just purchased the home and that the 900 square feet does not work for his family. His son just had twins and they need the room. The applicant stated that the four bedrooms are small. Mr. Kelly voiced his concerns over the side yard setbacks and fire protection.
No audience questions
Mr. Spader inquired if there had been any consideration to scaling down the home to a story and a half. (No) Mr. Spader said it looks like a modular with no personality or charm. John Jackson said they do have an alternative plan but only the roof is different by changing the pitch and lowering the wall plate to seven (7) feet and removing the Dutch dormers. Mr. Spader stated that that does help. Chairman Struncius feels that you get more of an aesthetic value out of the first home; the second home looks like someone jumped up and down on it.

No audience questions/comments

Deliberations

Spader – Has to agree with some of the Board members that the first home has a better look. Has a conflict with total height; but on the flip side there are some good points with parking on the property. Being located on Danby makes it different than other applications and it is on the boardwalk. Will support this application.
Kelly – Likes the design of the home; new materials and new construction are making things look much better
Reynolds – I think it is a good simple beachy look; we get new construction with new fire rated sheet rock. When we are out of the flood plane we won’t have to worry about homes breaking off the foundation. Think it was a good case with good deliberations. I like it.
Ardito – As a Board I believe that we come together as a team with our background and expertise. This is a good example of this; favors rendering “A”. We are seeing a home that is being built to compliance. It will be a really nice finished home. I am glad I had a chance to convey to you my thoughts on flood insurance.
Ferguson – I am glad that you are going with the first rendering; you would have not been happy with the second down the road. It is a much better quality home and aesthetically pleasing.
Chairman Struncius – Clarified that the applicant does not have to take the insurance advice; if he wants to have break away walls and be rated a negative 4 (-4) and pay more a year; he can. They were just advising him to other options. If we had a combination of these homes being done at once it would be easier; on the boardwalk right in front of the ocean; it is setback and I do believe there are hardships. There is uniqueness to the property in that setting. I do think it is a positive. Upgrading, better materials and bringing the home up to standards is a benefit. The harmonious look that was mentioned with some of those homes to the north is a positive approach.

Motion by Mr. Ferguson, second by Mr. Spader to approve Application #2014-23 of Joseph/Lorraine Gankiewicz – 14 Danby – Block 121; Lot 4.405 with conditions

In favor: Spader, Kelly, Reynolds, Ardito, Ferguson and Struncius
Opposed: None
Condition

1. The exposed areas of the garage level area are to be covered with lattice or some other type of material. The exact material is to be shown to the Board at the time of memorialization of the Resolution for their review and approval.
2. The house is to be constructed as shown to the Board on Exhibit 3-A and as described to the Board at the time of the hearing.
3. The applicant is to comply with the Board Engineer’s letter of September 10, 2014.

Application approved with conditions

Meeting adjourned at 10:20pm

Attest: Karen L. Mills, LUA
Clerk of the Board


Published October08, 2014 | Board of Adjustment Minutes | 1960


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