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March 26, 2015


The March 26, 2015 additional 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. Dixon, Mr. Davis, Mr. Loder and Mr. Renner

Absent - Ferguson and Davis

Also present – Karen Mills, Dennis Galvin and Ray Savacool

Court Reporter – Denise Sweet

Motion by Mr. Reynolds, second by vice chair Reilly to memorialize the February 19, 2015 minutes
In favor – Spader, Reilly, Struncius, Reynolds, Dixon and Loder
Opposed: None
Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the February 26, 2015 minutes.
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Renner and Loder

Application #2015-04 – John/Barbara Kowalski – 408 Carter Avenue – Block 178.01/Lot 1 - Applicant is lifting existing single family dwelling and would like to construct a deck at the rear of the yard.
John Kowalski, applicant, sworn, stated that he and his wife would like to construct a rear deck. The home is now elevated and the rear will have twelve (12) additional steps and they would like to be able to enjoy the rear yard without going down all those steps. The deck will be aesthetically attractive. It will have vinyl rails, spindles and Azek decking.

Loder – Applicant is improving front and rear yard setback. Due to the nature of the proposal will be in favor.
Spader – The fact that the front porch is being adjusted will reduce the massing of the home. The deck in the back will be a wonderful addition. In favor.
Kelly – Nice to see another home being adjusted for safety. Also think the back area is fairly open. No problem with this.
Reilly – Will be a significant improvement. Increased one setback, but understands what the applicant wants to do. Pleased the applicant is improving the impervious coverage.
Reynolds – Impervious coverage is important and appreciates them improving it.
Ardito – Due to the nature of the elevation of the structure it makes sense to have a deck. Improving the impervious coverage; in favor
Dixon - Small adjustment – in favor
Renner – nothing else to add..in favor
Motion by
Vice-chair Reilly, second by Mr. Ardito to approve application #2015-04 of John/Barbara Kowalski with conditions
In favor: Spader, Kelly, Reilly, Reynolds, Ardito, Dixon and Struncius
Opposed: None
Application approved with conditions

1. A sufficient number of pavers are to be removed in order to meet the impervious coverage standard.

Application #2015-10 – Estate of CJ Mueller – 1309 Oceanfront – Block 17.01/Lot 22 - Applicant is seeking a certificate of pre-existing non-conformity.
Application #2015-11 – Estate of CJ Mueller – 222 Ocean Avenue – Block 120/6.01 - Applicant is seeking a certificate of pre-existing non-conformity.

The two above applications were presented together. Bill Mueller, applicant sworn gave testimony about the uses of the two homes. Christopher, Healey, attorney presented proofs.
Exhibits –
A-2 – Bldg. calculations sheet 1309 Oceanfront 7/2/02
A-3 – Bldg. description for 1309 Oceanfront
A-4 – Black/white photo of 1309
A-5 – Google earth photo
A-6 – PPB 1922 Zoning Ordinance
A-7 – 1940 PPB Zoning Ord
A-8 – Ord. B-18
A-9 – 1971 addendum to zoning ord
A-10 – 1971 Bldg. description and calculations
A-11- Bldg. dept. 222 Ocean
A-12- 222 Ocean addendum bldg.. dept.
A-13 – Deed 222 Ocean Avenue
A-14 – Deed 1309 Oceanfront

Loder – no comments
Spader – Presented their case and he supports the application
Kelly – Knows the property and supports the application
Reilly – Compliments the attorney and applicant on the most thorough presentation.
Reynolds – Good research and has definitely met the required proofs.
Ardito – Kudos for finding those old ordinances.
Dixon – Remembers the home. In favor

Motion by vice chair Reilly, second by Mr. Reynolds to approve applications #2015-10 and 2015-11 of the Estate of CJ Mueller.
In favor: Spader, Kelly, Reilly, Reynolds, Ardito, Dixon and Struncius
Opposed: None
Applications approved

Application #2015-08 – Jeffrey Childers – 336 Curtis Avenue - Block 112/ Lott 32 – Applicant wishes to construct a cabana in rear yard.
Chairman Struncius has stepped down from this application and vice chair Reilly is now acting Chairman.
John Jackson attorney for applicant. John C. Amelchenko, architect, sworn, stated this is an oversized lot (more than ½ acre). He presented his plan. Cabana is a little over 400 square feet. Part will be used for storage for gardening tools and bicycles. There is a roof, outdoor shower and the balance is for entertaining. No plumbing except for shower.
Jeffrey Childers, applicant, sworn stated that the property will be fenced midway in the rear.
Exhibit A-4 colored rendering.

Loder – no comment
Spader – This is just a little pool house; so far removed from the street. Relatively low building coordinated with the house. Very supportive.
Kelly – Fully support this.
Reynolds - I think it is a perfect use for this property.
Ardito – Agrees with Mr. Spader and Mr. Kelly. This is a perfect use; in favor.
Dixon – In favor
Renner – no further comment
Reilly – Chairman agrees
1. The accessory building considered by the Board to be a cabana in support of backyard uses is never to be used for overnight accommodation, and is not to have any plumbing except for an outdoor shower. The restriction is to be imposed by means of a Deed Restriction. The Deed Restriction is to be reviewed and approved by the Board’s Attorney and is to be recorded prior to the issuance of a building permit.

Motion by Mr. Spader, second by Mr. Renner to approve application #2015-08 of Jeffrey Childers with conditions
In favor: Spader, Kelly, Reynolds, Ardito, Dixon, Renner and Reilly
Opposed: None
Application approved with condition
Meeting adjourned at 9pm
Attest: Karen L. Mills, LUA, Clerk of the Board

Published April27, 2015 | Board of Adjustment Minutes | 2083

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