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April 23, 2015


The April 23, 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, vice chair Reilly, Chairman Struncius, Mr. Dixon, Mr. Renner and Mr. Loder

Absent: Mr. Ardito, Mr. Reynolds and Mr. Davis

Also present: Andrew Leimbach, Board Attorney, Ray Savacool, Board Engineer and Karen L. Mills, Clerk

Court Reporter – Denise Sweet

Memorialize minutes –

Motion by Mr. Reilly, second by Mr. Kelly to memorialize the minutes of March 26, 2015
In favor: Spader, Kelly, Reilly, Struncius, Dixon and Renner
Opposed: None
Motion by Mr. Reilly, second by Mr. Spader to memorialize the minutes of April 2, 2015 –
In favor: Spader, Kelly, Reilly and Struncius
Opposed: None

Memorialize Resolutions –

Application #2015-19 – Irene Sobieski – 119 Arnold Avenue – Block 98; Lot 10 – Applicant wishes to demolish existing single family dwelling and construct a new FEMA compliant single family dwelling.
Irene Sobieski, applicant sworn, stated that her home was heavily damaged as the result of Hurricane Sandy. The existing house will be demolished and the applicant will construct a new 2-story house.

Michael Kuybida, AIA, the applicant’s architect stated that the property is on the corner of Arnold Avenue and Baltimore Avenue. The existing house has extensively damaged and will be demolished and the crawl space will be filled in to grade in the new home; there will be no parking underneath the house. The house will be built on piles. The applicant agreed to bring down the siding to within 3 feet of grade to comply with the Ordinance. The two (2) street trees on Baltimore Avenue will remain. The existing house was 1,367 square feet in size. The proposed new house will be 1,000 square feet in size. The applicant will add window shutters to the left side of the house that faces Baltimore Avenue. There will be a driveway in the rear of the property where the applicant can park their car.


Spader – Familiar with property and I think it is going to enhance the building stock of Point Pleasant beach and provide a safe home if we have another occurrence. In favor
Kelly – Very modest home; improving the setbacks. In favor
Vice chair Reilly – Looked at the numbers and all I see is plus, plus, plus, plus - they are all improvements – I will be in favor
Dixon – very modest house and it will be flood compliant – in favor
Renner - Hopes the applicant will get back into her home very quickly
Struncius – This is pretty much a slam dunk; to have a home on a corner lot we pretty much have to grant the variances. In favor
1. The applicant is to comply with the Board Engineer’s letter of March 13, 2015.

2. The siding is to be brought down to within three (3) feet of the grade.

3. The two (2) street trees are to remain on the property.

4. The applicant will add shutters to the windows on the Baltimore Avenue side of the house.

5. The house is to be constructed as shown to the Board during the hearing of April 23, 2015.

Motion by Mr. Spader, second by Mr. Loder to approve application 2015-19 of Irene Sobieski, 119 Arnold Avenue with conditions.

In favor: Spader, Kelly, Reilly, Dixon, Renner and Loder
Opposed: None
Application approved with conditions

Application #2015-16 – Rt. 35 North LLC c/o Fred Ebrahimi – 222 – 228 Hawthorne Avenue – Block 114; Lot 5 – Applicant replaced existing signs with larger signs without benefit of construction permits.
John Jackson, Esquire, applicant’s attorney stated that the applicant changed from operating as a Valero gasoline station to a Citco gasoline station. The Citco Company changed the brand sign without obtaining a permit. The sign is already installed and the applicant is looking to legitimize the nonconforming aspects of the sign. The new sign is nonconforming in size and the placement. Exhibits entered – Photos A-4,5,6, and 7.

Robert Burdick, P.E., P.P., applicant’s Professional Planner/Engineer stated that the applicant was cited for installing the nonconforming sign without obtaining a permit. The sign was installed by the Citco Company. The bottom of the sign is required to be 10 feet from the ground and it is only about 2 feet off of the ground. There is a separate sign for propane on the Citco sign. The Board stated that the sign was not there in 2008 and it appears that the applicant is stacking up signs. The applicant agreed to remove the propane sign from the Citco sign. The applicant also has an Avis rental car business located on the north side of the site. The Board was concerned that the trucks appear to be all over the site.


Spader – He feels there has been a lot of liberties have been taken in reference to the signs. The fact the propane sign is being taken down helps; believe this is an opportunity to make a couple of improvements.
Kelly – Does not have any problem with the sign; has problem with propane sign and the first 10 feet should be cleared. Has objection to the AVIS signs – they are on the trucks, the building, almost a detriment to the gas business. Believes there should only be one AVIS sign.
Vice chair Reilly – He travels there once or twice every day and the only thing that bothered him was the propane sign; removing that does a lot. Other than that he does not have a real problem with anything else. Only other concern is if the highway gets widened.
Mr. Dixon - Couple of concerns – overall square footage of the sign is over; nonexistent setback – sign is to be ten feet of the ground and they put in a separate pole for the gas prices. Agrees with Mr. Spader and believe sign should be moved. Liberties have been taken – Believes corporate will come in and move sign.
Mr. Renner – Understands where Mr. Spader and Dixon are coming from. Believes gas prices are enhanced by where the sign is now.
Mr. Loder – Tough one for him. Someone came from outside of the town and constructed something not to code. A simple phone call to the building department would have kept us from being here. Currently not in favor
Chairman Struncius – Inquired of Mr. Spader what he is trying to improve. Stated that it is an individual gas station not surrounded by anything else. Chairman Struncius feels the sign is easier to see right where it is. He clarified for Mr. Kelly about the placement of the remaining signs. Mr. Loder’s comments were the most compelling; applicant said corporate did it. I am already living with this every day and I do not see the problem. Probably still willing to say that it is OK.

Motion by Mr. Spader, second by Mr. Loder to deny application #2015-26 of RT 35 LLC (Fred Ebrahimi)

In favor – Spader, Kelly, Dixon and Loder
Opposed: Reilly, Renner and Struncius

Application Denied

Application #2015-28 – Fisher Family Trust – 1306 Ocean Avenue/ 1307 Oceanfront – Block 17.01 ; Lot 23 & 30 – Applicant wishes to demolish two single family dwellings and construct one new FEMA compliant single family dwelling.
John J. Jackson, Esquire, applicant’s attorney stated that the applicant purchased two lots (the front and back lot at 1306 and 1307 Ocean Avenue) with the intention of consolidating the two lots into one lot. The two existing houses will be demolished and the applicant will construct a new 2-story house. The applicant is seeking a height variance and the proposed new house will have a very large front yard setback which will minimize the height. The dune is 22 feet high and the curb is at 7 feet.
Paul Grabowski, AIA, applicant’s architect stated that the proposed house will be the primary residence for the applicant which will be an improved situation as the two existing houses on the two separate lots were rentals. There will be a two-car garage underneath the house with a front entry and there will be no habitable space in the garage or the attic. The mechanicals will be located in the attic and instead of having a staircase going up to the first floor on the outside of the house, the access area to the first floor is interior to the home. There will be an elevator from the garage up to the first floor level of the house and above the garage space a 24 foot by 40 foot home theatre will be added. The height from the first floor is 23 feet and 21 feet from the finished floor in the theatre space. The theatre comes down from the finished floor and is 2 feet above the garage. The ceiling on the first floor and the theatre are the same height. The finished floor of the house is 23 feet. The dune is at 22 feet. The applicant will install a pool which will be in a conforming location on the property.
The pool will not be a negative impact as it will be against the dune and the Atlantic Ocean. The applicant’s proposed house will be setback further than the original house by 10 feet.

Joseph J. Kociuba P.E., P.P., sworn, stated that CAFRA had an environmental consultant look at the site regarding the dune line and it was determined that the setback distance from the dune would be sufficient. The CAFRA professionals did establish where the dune line starts as that is not always obvious. The applicant is requesting a “d “variance for the proposed height of the house. No bulk variances are needed. The typography of the land causes an undue hardship for the applicant to construct the house as there is a significant slope across the property. The house will be setback 90 feet from the street which will create adequate open space. The house will contain 5 bedrooms.
The proposed house will be an aesthetic pleasing and an improvement and will be safer and protected from flood as it will be FEMA compliant and built above the flood line. The pool will be at elevation 14 and the top of the pool fence will be several feet below the dune and be vinyl. The applicant agreed to file a Consolidation Agreement for the merger of the two lots into one lot.

Spader – His area of town and so happy to see that new applicants are saying they are removing structures and building one home. It will be compliant, safe and a wonderful deign for that area. In favor
Kelly - Compliments to the architect and planner for putting together a plan that needs few minor variances.
Reilly – Very simple – two questions – pool and height – best of luck
Dixon – beautifully designed home.
Renner – In favor
Loder – Good to see New Jerseyians coming back to New Jersey. In favor of this application
Struncius – As we look at the height we do not want to set a floor below the dunes. It is a topography issue; we have parking under the home that adds to the height. The applicant went for different values and took it from other places. In favor
Motion by Mr. Spader, second by vice chair Reilly to approve application #2015-28 of the Fisher Family Trust with conditions
In favor: Spader, Kelly, Reilly, Dixon, Renner, Loder and Struncius
Opposed None
Application approved with conditions

1. The ground floor will not be used for habitation.

2. The pool shall conform to all setback and CAFRA requirements.

3. The applicant will submit a landscaping plan. The landscape plan will include indigenous trees and will be submitted to the Board’s Engineer for his review and approval.

4. The attic will not be habitable.

5. A Deed of Consolidation is to be filed and a recorded copy is to be provided to the Board’s Attorney.

6. A four foot fence shall straddle the pool.

Meeting adjourned at 9:30pm
Attest: Karen L. Mills, LUA
Clerk of the Board

Published May22, 2015 | Board of Adjustment Minutes | 2104

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