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April 2, 2015


The April 2, 2015 Special 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, vice chair Reilly, Chairman Struncius, Mr. Reynolds, Mr. Dixon, Mr. Davis and Mr. Ferguson

Absent: Mr. Ardito, Mr. Renner and Mr. Loder

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

Court Reporter – Denise Sweet

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the March 6, 2014 minutes –

Application #2015-18 – Andrew/Margaret Mados - 30 Parkway – Block 100; Lot 21 – Applicant wishes to demolish existing single family dwelling and construct a new FEMA compliant single family dwelling.

Margaret Mados, applicant, sworn. Robert Burdick, Professional Engineer /Professional Planner, sworn. Applicant’s home was destroyed by Sandy and they would like to rebuild and are seeking a height variance. Robert Burdick gave testimony on why the applicant needs such a high home. The applicant’s would like an elevator for the home and for it to be higher to save money on insurance. The applicant does not want to lower the pitch of the roof because he wants to be able to stand up in the attic.

The board feels that the home is too high and is giving the applicant time to re-design.

Motion by vice chair Reilly, second by Mr. Spaer to carry application #2015-18 of Andrew/Margaret Mados to April 16, 2015 without notice.

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

Application carried without notice

Application #2015-13 – Shaina Quackenboss – 20 Brunswick Place – Block 120; Lot 12.10 - – Applicant wishes to demolish existing single family dwelling and construct a new FEMA compliant two-story single family dwelling.

Mr. Dixon has stepped down from the following application.

Adan Steuerman, attorney for applicant.

Shaina Quackenboss, applicant, sworn stated that her family was displaced as a result of super storm sandy. She qualifies for a special grant administered by the DCA and derived from the federal government. The prior home was a single story and approximately 900 square feet.
This property has been in the applicant’s family for four generations and the applicant has privately owned the house since 2007. Brunswick Place does not allow vehicles to pass along this path other than emergency vehicles. Other than stories and height the property will comply with all other zoning requirements.

Christine D. Cathcart a representative of the builder DSW Homes, stated that the style of house was approved by the DCA including the height. There are several prototype houses that the DCA provides. The type of house that is approved is dependent upon the lot size.
Any variation from the DCA approval will jeopardize this government program. The proposed house will be a 2-story, 3-bedroom house with a small attic storage area and the attic will not be used for habitation. The height of the house, from the curb on Ocean Avenue, will be 34.65 feet in height and 20 feet in height is the maximum permitted in the Zone. The house will be built at 15 feet elevation to comply with FEMA requirements. The construction will require pilings. The pilings will have to be brought in along Brunswick Place using a special hand cart used specifically for moving pilings in tight spaces. A representative of the builder met with the neighbors and discussed what they were going to do and how the construction was going to work without having vehicular access to the site. Once the applicant is able to pull the permits, the applicant only has ninety (90) days to complete construction on the house.

The current house was 995 square feet in size, had three bedrooms and was one story. The proposed house will be 1,260 square feet in size, will have three bedrooms, will be 18 feet in width, and will be almost 35 feet in height. The house is just a basic house; there will be no extra porches or balconies. The ceiling height for the first floor and the second floor will both be 8 feet high. The DCA will have a representative on the site supervising the construction.
The structure will be hurricane resistant and the construction company must use building materials that FEMA recommends.

Peter Van den Kooy, P.P., AICP, sworn, stated that the variance for building height is based upon the proposed 34.65 feet building height, whereas 20 feet is the maximum permitted. A variance is also needed for constructing a 2-story house, whereas only 1-story houses are permitted. The surrounding area consists of single-family homes and mostly 2-story houses.
The site can accommodate a 2-story house and will be consistent with the development pattern of the area.

Audience comments

James Magee, 18 Brunswick Place, owns the house adjacent to the applicant. He stated that the house behind him has been torn down and the replacement will be a 2-story house. He is in support of the application and is willing to deal with the construction so everyone can move forward with their lives.

Catherine Totin, owns a family house at 9 Brunswick Place. Her family and the applicant’s family have owned their homes for many generations and have known the family for quite some time. Ms. Totin is glad that the applicant will be replacing her home as this area is a family community and is glad to see the families retain the properties to maintain that community atmosphere.

Chuck Venedam – Property owner on Brunswick Place is worried that the construction of this home will inconvenience his renters.


Spader – Boardwalk area has unique features – initial problem was height. Believes that this home is not taking full advantage of the buildable lot. Under the circumstances will be supportive of this application.

Kelly – Understands the process with the DCA. Does not have problem with this application.

Vice chair Reilly – Believes the Planner made some good points. This is a decent sized lot; you have some land around it. From a zoning point this home makes more sense. There is air and light around the home.

Reynolds – Taking the whole plan and property into consideration; applicant is going to increase pervious coverage and eliminate side setbacks. Does not see any negative criteria at all. Thinks it is a good plan.

Davis – Believes it is a modest flood compliant home. Thinks the home has design and is harmonious to the area. Believes that the positive criteria has been met. There is some emotional value to this property being the applicant is the fourth generation. Happy to see a long time Point Pleasant Beach person rebuilding. Tremendous application

Ferguson - Fully supportive of this plan. More than enough reason to pass it but what impressed him is the support from the neighbors. Wished the applicant good luck in her new home.

Struncius – There is a lot of positive criteria – safety, aesthetics, compliance and all the things that have been mentioned by the board members already. Would like to have seen the home a little wider and utilized more of the land. It is a tall skinny home. Not enough for me to keep it from being approved. It does fit with the zone as it relates to the other homes.

1. Banding is to be added along the sides of the house. The bands are to be reviewed and approved by the Board’s Engineer.

2. The builder will perform a pre-construction video and any sidewalks broken during the construction of this home will be replaced by the contractor as presented at the time of the hearing.

Motion by vice chair Reilly, second by Mr. Ferguson to approve application #2015-13 of Shaina Quackenboss with conditions

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

Application approved with conditions

Application #2015-24 – William/Myra Loss – 13 Niblick Street -Applicant would like to change the previously approved paver terrace material to be decking material therefore increasing the building coverage to 39.9%

John Jackson, attorney for applicant stated that the applicant received approval in 2013 to construct the house with a height variance and a variance for lot coverage. The applicant was to install a concrete area around the pool which was conforming in building coverage and impervious coverage but the applicant decided to change that concrete area that was to go around the pool to wooden decking. The wooded decking around the pool will be the same dimension as the initial concrete area but impacts building coverage.

John Amelchenko, R.A., the applicant’s architect stated that the applicant received variance approval in 2013 to construct a house 37 feet in height and lot coverage variance for 30.9%, whereas 30% is the maximum lot coverage permitted, at the time of approval, the applicant had a specific design for the backyard pool and patio area.
The house is set 7 feet above grade. Stairs in the back take you down to a paver area. A ramp goes up about 1 foot to another terrace in the back. The applicant decided that they would like to use open wood planking instead of the concrete area around the pool. The shape and size of the wood planking is the same as the initial concrete area. Only the material is changing; however, that change impacts building coverage. Because of using the wooden decking around the pool area, it will now be considered to be building coverage. There will be nothing underneath the wood decking and any storm water will drain through the wooden planks.
The wooden deck will have more of an aesthetic effect and the open planking will be more pervious.


Spader – All the clarifications have been said and he is in favor.

Kelly – Also in favor

Reilly- This is just better – better for the environment – a no brainer

Reynolds – Agreed

Davis – Agreed

Ferguson - agreed


1. The decking is to be constructed from “Epipe” or similar tropical hardwood.

Motion by Mr. Reynolds, second by Mr. Ferguson to approve application #2015-24 of William/Myra Loss with conditions

In favor Spader, Kelly, Reilly, Reynolds, Davis, Ferguson and Struncius
Opposed – None

Application approved with conditions

Meeting adjourned at 10:05pm

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

Published April27, 2015 | Board of Adjustment Minutes | 2084

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