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March 19, 2015


The March 19, 2015 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. Davis, Mr. Loder and Mr. Ferguson

Absent - Ardito and Renner

Also present – Karen Mills, Dennis Galvin and Ray Savacool

Court Reporter – Denise Sweet

Resolutions for Memorialization
Motion by Mr. Reynolds, second by Vice-chair Reilly to memorialize the action and vote approving application #2015-07 of Lino DeAlmeida – 110 Baltimore – with conditions
In favor – Spader, Loder, Reilly, Reynolds, Dixon, Davis and Struncius
Opposed - None
Motion by Vice-chair Reilly, second by Mr. Loder to memorialize the actions and vote approving application #2015-03 of Stephen Beer – 30, 32 & 34 Central Ave – with conditions
In favor: Spader, Loder, Reilly, Reynolds, Dixon, Davis and Struncius
Opposed: None
Motion by Vice-chair Reilly, second by Mr. Davis to memorialize the action and vote approving application #2015-01 of Adam/Natalie Levy – 1324 – 1325 Oceanfront & Ocean Ave with conditions
In favor: Spader, Loder, Reilly, Reynolds, Dixon, Davis and Struncius
Opposed: None
Motion by Mr. Reynolds, second by Mr. Spader to memorialize the action and vote approving application #2015-06 of David Natkie – 424 Arbutus with conditions
In favor – Loder, Spader, Kelly, Reilly, Reynolds and Struncius
Opposed: None

Letter – request to amend Resolution #2014-3 10 - Gusciora/Fields – Samples provided
The board did not approve of the samples provided and voted to make the applicant comply with the resolution.
Motion by Mr. Reynolds to have the applicant comply with the resolution, second by Mr. Ferguson
In favor: Spader, Reynolds, Dixon and Ferguson
Opposed: Kelly

Application #2015-02 – Richard/Nancy Massaro – 8 Beachcomber Lane - Block 121; Lot 7.08 – Applicant wishes to demolish an existing single family dwelling and construct a new FEMA compliant single family dwelling. The home is located in a condominium association.
Carried without notice from February 26, 2015
Vice-chair Reilly stepped down from the following application.
John Jackson, attorney for applicant. Richard Massaro, applicant, sworn.
Reviewed revisions - Second floor is 328 square feet, wall by patio has been moved back and reduced square footage. First floor kept at 12.44. Roof pitch has been changed from 12 on 12 to 11 on 12 – eliminating one foot.

John Jackson stated that the applicant was willing to set his first floor at 12 feet and reduce the height.

Lorraine Tesauro, recording secretary of the Association – Believes the height of the ocean front homes is irrelevant. Concerned with how this home being higher will affect the relationships of the association members. Biggest concern is that there is equity among the association members.
John Jackson gave a summation.
The Board reviewed the applicant’s revisions and was pleased that they took the boards comments into consideration and were pleased with the changes.

Loder – Likes the design of the home and appreciates the applicant working with the board and making changes. The fact that he reduced the height of the home…lastly the overage is diminimus on the half story…in favor

Spader – Likes the look of the home and that the applicant brought the height down. First floor brought down to 12 feet..will be in favor
Kelly – So many times we see people with exorbitant request- there are things you want to do and there are things that you need to do. This is a good example of fixing up and doing what you want in a modest way. In favor
Reynolds – I agree with a lot of what was said. You worked with us – came down a foot and changed the sill. Understanding of the grading and the changes are decent.
Dixon – Lived in the bungalow area for a while. To ask someone to come in here and ask someone to keep it the size of a bungalow is crazy. The homes are too small. This is a nice looking design.
Davis – Agrees with all that has been said. Charming bungalow style house. I think the 30 feet is not diminimus because the extra story is not allowed in the zone unless there is a compelling reason not to. Not sure we have met the hardship.
Ferguson – Would approve if voting
Chairman Struncius – Current outdated ordinances that are being reviewed as we speak. The fact that they are rebuilding modestly; as we progress and its 2015 and we put the second story on when the surrounding area is similar and it certainly fits with height. When you go up the road way you get a feel of the east bound homes; it is all relevant. Relative perspective a foot is not a real noticeable thing. In favor

1. The applicant agreed to side the house with Cedar shake style siding.

2. The house is to be constructed as shown to the Board at the time of the hearing.

3. The plan is to be revised to reduce the height of the first floor to 12 feet.

Motion by Mr. Reynolds, second by Mr. Loder to approve application #2015-02 of Nancy/Richard Massaro with conditions
In favor: Loder, Spader, Kelly, Reynolds, Davis and Struncius
Opposed: None
Application approved

Application #2014-35 – 1031 Seashore LLC/BCB Community Bank – 1301 Ocean Avenue – Block 18.01; Lot 1 – Applicant wishes to demolish previously approved (7) unit building and construct a new six (6) unit building.

Michael York, attorney for applicant. John Jackson Esq., appearing on behalf of Paul/Kathy Blinn (concerned neighbors).
Gary Stets, managing member 1031 Seashore, LLC. Gave testimony to project. Wants to build a 10.000 sf building that will be a more modern, safer building. Stets stated that his family will occupy all of the 6 units and will not be for open sale. Mr. Kelly inquired how many people could occupy the units (26 people). Mr. Kelly replied that is a density issue considering it is an SF5 zone. Ten years down the road your family might not be there and you could have 6 families living there and it is only a lot and a half. Ray Savacool stated that pipes had burst years prior to the hurricane which stopped the renovations.

Audience questions
Paul Guerrier, Ocean Avenue – Worried about only having five feet around the perimeter of the property for access.
Judy Lolli, 1301 Oceanfront – Saying it is a family project and inquired who the partners are and them if they are related. (No) Does not ever remember it being occupied as seven (7) units.
John Campbell, 1313 Oceanfront – Inquired about them only using it for family; you could sell them. (Yes) Inquired where the applicant lives. (North Jersey)

Mr. Reilly inquired if he had reached out to the neighbors. Gary Stets replied, yes, but no response. John Jackson said what his clients concerns are it is too big and too much. What is there now is just a nice quaint house; what the applicant wants is just too massive and it is not appropriate in a residential zone.
Exhibits entered
A – 5 – Colored rendering
A - 6 – Existing conditions – rendering
A – 7 Zoning map – Color
A – 8 – Photo Board

William Wentzien, Professional Engineer, credentials accepted, described the plan.
Chairman Struncius commented that the increase in building coverage is a big jump. Was that discussed? (No) A lot of increases. Mr. Reynolds stated that this is a very sensitive area.
John Jackson, Esq. stated that this is an intense use for the property. Questioned the engineer.

Michael York stated that the architect has a health issue and requested to be carried.

Exhibit 3 and 4 were not introduced into testimony yet.
Michael York, Esq. waived the time for the application to be heard.

Audience comments
Susan Giordano – 113 Washington Avenue – Her concern is the coverage – it is a small lot. It is surrounded mostly by single family residences. Doesn’t understand why it has to be so high. Worried about her view. It will take away from the attractiveness of the whole area.

Motion by Mr. Davis, second by vice-chair Reilly to carry application #2014-35- 1031 Seashore LLC to June 18, 2015 without notice.
In favor – Loder, Spader, Kelly, Reilly, Struncius, Reynolds and Davis
Opposed: None

Application carried without notice

Meeting adjourned at 10:30pm
Attest: Karen L. Mills, LUA, Clerk of the Board

Published April17, 2015 | Board of Adjustment Minutes | 2077

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