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June 24, 2015


The June 24, 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, Chairman Struncius, Mr. Reynolds, Mr. Dixon, Mr. Renner and Mr. Davis

Absent: Mr. Loder, Mr. Reilly and Mr. Kelly

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

Court Reporter – Denise Sweet

Letter request – Gendel – Minor adjustment to side yard setback
Motion by Mr. Renner, second by Mr. Dixon to allow the slight modification adjustment to the resolution
In favor: Reynolds, Renner, Dixon and Struncius
Opposed: None
Amendment approved

Application #2015- 37 – Joseph/Oriana Palumbo c/o Ward Home Services – 302 Washington Avenue – Block 20; Lot 19 - Applicant constructed front steps into front yard setback and installed six foot fence in side yard.
Joseph Palumbo, applicant, sworn, purchased property after hurricane. Home is setback 25 feet but there are three (3) stairs encroaching in the front yard setback. There is also a section of fence that is 7 feet where 4 feet is allowed. Applicant will adjust fence to comply with the ordinance. Craig Alsdorf, builder, sworn stated that plans were submitted to the building department, they did not realize the stairs would not reach the ground. The plot plan only depicted the landing, not the stairs
Spader - There is a lot of stuff going on; this is disturbing that this has happened twice. Someone is dropping the ball. I think the main point is that the builder and architects need to pay more attention. Maybe next time it will not be so easy. In favor
Reynolds – Ward Agency is so familiar with our town; but for this to get by them twice is frustrating. The porch in diminimus. The professional need to pay attention.
Dixon – This cannot keep happening; do not have a problem with this. In favor.
Renner – One thing we have a problem is if the neighbors have a problem. In favor
Davis – Appreciation to the applicant for his willingness to comply. There needs to be a little more awareness. In favor
Struncius – It has all been said. The people that need to hear this are here. It is diminimus and consistent with the neighborhood. Beautiful home In favor

Motion by Mr. Spader, second by Mr. Reynolds to approve application #2015- 37 – Joseph/Oriana Palumbo c/o Ward Home Services – 302 Washington Avenue – Block 20; Lot 19 with conditions.
In favor: Spader, Reynolds, Dixon, Renner, Davis and Struncius
Opposed: None
1. Applicant will move fence so it conforms
Application approved with conditions

Application #2015-12 – Dan Friendly – 1401 Ocean Avenue – Block 18.03; Lot 1 – Applicant placed a pre-built shed on property in front yard setback.
Daniel Friendly, applicant, sworn, stated that the shed was purchased through Kempton sheds. Girlfriend with children moved in and there is no storage room so he decided to purchase shed. Board feels the shed should be moved to a conforming location.
No audience questions/comments
Spader – Feels shed will be there forever; everyone would like to have more. You can only do so many things. Cannot support application
Reynolds – Feels the same way; we all want our Tiki bar. I do not feel moving the shed would be a hardship. Cannot support
Dixon – I agree it is the best placement but unfortunately it violates the setback.
Renner – Agree with what I have heard so far and do not agree with this application.
Davis – Do not see a hardship.
Motion by Mr. Reynolds, second by Mr. Davis to deny application #2015-12 – Dan Friendly – 1401 Ocean Avenue – Block 18.03; Lot 1.
In favor: Spader, Reynolds, Dixon, Renner, Davis and Struncius
Opposed: None
Application denied

Application #2015-15 – Ken/Patty Musto – 239 Ocean Avenue – Block 124; Lot 7 – Applicant constructed a small addition to rear of single family dwelling.
Kenneth Musto, applicant, sworn, stated that his property received damage from “Sandy”, immediately called appraiser and gutted property. He did the work on his own and was under the impression from the building Department that he could do what he wanted to do. He proceeded to rebuild and when he took apart his bathroom he wanted a little more room. He got the idea to poor a solid concrete block to shore up the foundation. He added a 12 square foot addition.
Audience questions/comments
Christine Mylod – neighbor – entered photos – Exhibit N-1 & N-2 – Lives next door – problem with addition blocking air flow and light from bathroom window. Cannot see anything anymore. If Mr. Musto had spoken to her prior to building addition she would have had her builder design her bathroom differently. She would like the shed removed to compromise.
Chairman Struncius commented that the shed is not five (5) feet off the building – the yard is big enough to relocate the shed.
Spader – Seems we have a friendly resolve to this one – you cannot just build stuff, there are rules. Being neighborly would of saved you some anguish. Will be in favor.
Reynold – Agrees – your willingness to work with the neighbor and the Board and move the shed is a good thing.
Dixon – Do not have much problem with the shower – commends your neighbor to be willing to be happy with the shed being moved. If she did not want the shower that would have had to go.
Renner – There will also have to be an inspection of the construction. The reason for the permits is that when the house moves on to someone else it is not a danger. Happy the neighbor came. In favor
Davis – For all of the reasons stated I will be in favor.
Motion by Mr. Spader, second by Mr. Renner to approve application #2015-15 – Ken/Patty Musto – 239 Ocean Avenue – Block 124; Lot 7 with conditions.

In favor: Spader, Reynolds, Dixon, Renner, Davis and Struncius
Opposed: None
Application approved with conditions
1. The shed is to be moved to the rear yard and will conform to the accessory setback requirements.

2. The applicant is to obtain all building and plumbing permits.

Application #2015-23 – Louis/Gina Ghione – 109 Forman Avenue – Block 68; Lot 5 – Applicant is lifting existing single family dwelling and wishes to construct a new front porch.
Ronald Shaljian, Esq. attorney for the applicant. Robert H. Morris, surveyor, sworn described the proposed front stairs and the building coverage required variances needed. Mr. Spader questioned the garage doors. (3 car garage). Chairman Struncius stated that he plans do not show how they are going to access the garages. (Center curb cut so you can go right or left). Mr. Reynolds questioned how they got curb cut approval prior to the plans being approved.
Louis Ghione applicant, sworn, stated that he has owned the house for 24 years. Construction being done is a result of Sandy. He stated that Borough council suggested moving the cut curb to the center. If parking on the stone is permitted he will be parking in the front yard. Mr. Spader commented that homes front yards are turning into parking lots and would like clarification on where he plans to park cars. (LG -In garages). Louis Ghione stated that he originally wanted two curb cuts but that was denied.
Louis Ghione was questioned about the shed and why it cannot be removed. Louis Ghione stated that he is allergic to chemicals and needs to have them far away from his home. Mr. Reynolds stated that there will only be eight feet (8) between the curb and stairs to navigate to the right and left to the garages. (LG-Correct) Mr. Dixon inquired why the applicant cannot remove one garage and turn the stairs sideways and eliminate the variance for the stairs. Louis Ghione stated that he has already started construction and was stopped because he needs a variance. The deck being requested is a covered porch which does not allow for recharge. Several different variances are being requested. Dennis Galvin explained that the Board looks more favorable when the decks are not covered and allow for recharge. Chairman Struncius is struggling with the curb cut, feels it is misplaced; feels things are being done backwards. (Plans were previously approved by the Building Department) but the porch is not on the plan). Dennis Galvin suggested changing the one car garage to storage area and utilize the existing curb cut; then the front stairs can be turned sideways. Mr. Renner does not like (Three) 3 car garage configuration. He walks down that street every day and does not want to see six (6) cars parked in the front yard.
Louis Ghione will eliminate the two car garage door and replace it with a regular door, but wants to retain the configuration of the stairs. Mr. Reynolds feels that variance should be minimized.

Spader – Applicant will compromise in several areas; best way to resolve issue… in favor
Reynolds- Struggling with the front stairs; we are charged to do our job and do our best to minimize variances.
Dixon- Split on the front steps; understand the applicants point, but Mr. Reynolds has a good point…still on the fence.
Renner- Compromise is acceptable. Be happy with approving this.
Davis- If the facts are right we have had a whole set of unusual circumstances. I can live with the stairs. In favor with conditions
Struncius-Does think that if he was starting fresh with this application we would not have approved this. We look at it as a whole; we would have never approved a double garage. Down the road this could be renters and have 10 cars in the front yard. Elimination of the garage is significant; can live with what is not my favorite configuration of the stairs but can live with it.

Motion by Mr. Spader, second by Mr. Renner to approve Application #2015-23 – Louis/Gina Ghione – 109 Forman Avenue – Block 68; Lot 5 – with conditions
In favor: Spader, Reynolds, Dixon, Renner, Davis and Struncius
Opposed: None
Application approved with conditions
1. The plan is to be revised to show the elimination of the double garage on the left side of the house. It is to be replaced with a door and windows, if any, to be shown to the Board’s Engineer. The siding of the garage door area must match the rest of the home.

2. Notwithstanding the Council’s approval of a curb cut in the center of the property, the applicant is to make use of the previous and therefore existing curb cut and driveway.

3. The foundation must be covered by bringing the siding down, landscaping, or by using decorative stone in accordance with the Ordinance.

Application #2015-20 – Ronald/Judith Skiff – 59 Harvard – Block 152; Lot 14 – Applicant demolished single family dwelling and wishes to construct a new FEMA compliant single family dwelling.
Skiff application to be carried to July 2, 2015 without notice

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

Published August07, 2015 | Board of Adjustment Minutes | 2160

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