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August 6, 2015

Minutes

The August 6, 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 and Mr. Loder

Absent: Mr. Renner and Mr. Davis

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

Court Reporter – Denise Sweet


Minutes
Motion by Mr. Reynolds, second by Mr. Spader to memorialize the minutes of June 24, 2015
In favor: Spader, Reynolds, Struncius and Dixon
Opposed: None

Resolutions
Motion by Mr. Dixon, second by Mr. Reynolds to memorialize the action and vote approving application #2015-33 of Louis and Gina Ghione, 109 Forman Avenue with conditions
In favor: Reynolds, Dixon and Struncius
Opposed: Spader

Motion by Mr. Reilly, second by Mr. Loder to memorialize the action and vote denying application 2015-15 of Daniel and Margarita Raimondo
In favor: Loder, Spader, Kelly, Reynolds, Dixon and Reilly
Opposed: None

Motion by Mr. Spader, second by Mr. Reynolds to memorialize the action and vote denying application #2015-12 of Daniel J. Friendly at 1401 Ocean Avenue
In favor: Spader, Reynolds, Dixon and Struncius
Opposed: None

Motion by Mr. Reilly, second by Mr. Loder to memorialize the action and vote approving application #2015-20 of Ronald and Judith Skiff at 59 Harvard Avenue with conditions
In favor: Loder, Kelly and Reilly
Opposed: None

Motion by Mr. Reilly, second by Mr. Loder to memorialize the action and vote approving application #2015-44 of John and Barbara McManus at 114 Randall Avenue with conditions
In favor – Loder, Spader, Kelly, Reynolds, Dixon and Reilly
Opposed: None

Motion by Mr. Reynolds, second by Mr. Dixon to memorialize the action and vote approving application #2015-15 of Kenneth and Patty Musto at 230 Ocean Avenue with conditions
In favor: Spader, Reynolds, Dixon and Struncius
Opposed: None


Application #2015-46 -D’Zio – 211 Laurel Court – Block 86; Lot 16 – Applicant wishes to construct a deck to the front of the existing family dwelling.
Susan/Richard D’Zio, applicants, sworn. Richard D’Zio stated that the width of the deck is 5 feet and extends out to 7 feet in one area. The deck will be open to allow for aquifer recharge and did not think that the house would look pleasing without the proposed deck. The proposed deck is conforming to all setback requirements. The applicants will bring the siding down to within 3 feet of the grade which is consistent with the ordinance.


No audience questions/comments

Deliberations

Spader – Applicant has been very willing to work with the board on these issues and adhering to the ordinance and bringing the siding down – will be in favor
Kelly – Satisfied with the changes – will be in favor
Reilly – Now that I see the plot plan and that they are aligned with the neighbors I will be in favor.
Reynolds – Happy that we got to work with you and have no issues.
Dixon – Was a little concerned about the lot coverage but with the adjustments I will be in favor.
Loder – It is unfortunate that most people add onto their homes and do not realize that they have reached the maximum building coverage. Appreciates the applicant working with the board and will be in favor.
Struncius – They have a deck that allows water to pass through it and it does bring some aesthetic value. The order of how this is happening by coming in after the fact does some disservice- you not understanding that. Again – overall does not have an issue with it – siding is coming down – in favor.

Conditions
1. The deck is not to be enclosed.

2. The plan is to be revised to show that the deck will not exceed the limit of the house on the east side.

3. The siding is to come down within three (3) feet of the foundation consistent with the ordinance.

Motion made by Mr. Reynolds and seconded by Mr. Reilly, to approve application#2015-46 of Richard/Susan D’Zio – 211 Laurel Court – Block 86; Lot 16 – with conditions
IN FAVOR: Mr. Spader; Mr. Kelly; Mr. Reilly; Mr. Reynolds; Mr. Dixon;
Mr. Loder; Mr. Struncius

OPPOSED: None

Application #2015-42 - Robert & Kathleen Sutton (Zarilli homes) – 301 Philadelphia Avenue – Block 32; Lot 1 – Applicant wishes to construct a new FEMA compliant single family dwelling.
Robert Sutton, applicant, sworn, stated that he looking to build a new home.

Timothy P. Lurie, P.E., P.P., credentials accepted, stated that the lot is a corner lot having two (2) front setbacks. Exhibit A-3 Handout

The applicant amended the plan to include the steps inside the deck and along the side of the garage which eliminated a front yard setback variance. The applicant will need a front yard setback variance on Chicago Avenue for 15.42 feet to a cantilevered fireplace, whereas 25 feet is required. The house will be 2,500 square feet in size. The proposed house will align with the neighbor’s house.

Robert Giovine, applicant’s builder (Zarilli Homes) stated that the façade of the house will be Hardi Plank siding and will have Azak trim. The applicant will plant foundation plantings to the front Philadelphia Avenue side as well as along the Chicago Avenue side. There will be two (2) windows on the (west side), the Chicago Avenue side of the house. The house will be a modular house and the ground floor will only be used for storage and as a garage. There is no living space on the ground floor.

No audience questions/comments

Deliberations

Spader – Thinks the application is very nice, will miss the empty lot. Supportive of application

Kelly – Glad to see Zarilli here. In favor

Reilly – Agree with the concept of sidewalks but do not see the point of just one person doing it. Dealt well with the setback issues and will be in favor.

Reynolds – Had one issue which was the steps and you took care of that. In favor

Dixon – Only issue was the setback and you took care of that in favor.

Loder – Nothing to add

Struncius – Does not feel strongly about having sidewalks- the other homes do not have them. Being a corner lot is a hardship and this is a no brainer. Not over on any coverages.


Conditions
1. The plan is to be revised to show the stairs as being moved to be inside the deck and to come down along the garage rather than protruding into the front yard.

2. The house is to have foundation plantings along the Philadelphia Avenue side and plantings on the Chicago Avenue side. The landscape plan is to be reviewed and approved by the Board’s Engineer.

3. The house is to be constructed as described to the Board at the time of the hearing. The applicant must use Hardi Plank siding with Azak trim.


Motion by Vice chair Reilly, second by Mr. Loder to approve application #2015-42 of Robert & Kathleen Sutton (Zarilli homes) – 301 Philadelphia Avenue – Block 32; Lot 1
In favor – Spader, Kelly, Reilly, Reynolds, Dixon, Loder and Struncius
Opposed: None
Application approved with conditions



Application #2015-39 - Robert & Collette Brus – 218 Washington Avenue – Block 19; Lot 10 – Applicant wishes to construct a new FEMA compliant single family dwelling.
Adam Steuerman, attorney for applicant. Robert Brus, applicant, sworn. Applicant stated that he purchased the home in 2004. Applicant initially thought about repairing the home after the storm but the home was substantially damaged. Applicant proposes a two (2) story FEMA compliant single family home intended to be used as a vacation home. The previous home did not have a garage and had only one (1) curb cut. Applicant proposes two (2) garages with double garage doors on Chicago Avenue and another garage door on Washington Avenue. The actual garage will be a garage and a half. The Board was not happy about the two garages and the plans were changed to just have one garage. The garage door on Chicago will remain.

Pandora Jacobs, applicant’s builder, stated that the house will be 28 x 36 long of modular construction. The house will be constructed on pilings foundation. The pilings will be enclosed with siding down to 3 feet above grade and will appear like a masonry foundation. Flood vents will be installed in the area. The house will consist of four (4) bedrooms and three (3) bathrooms. The main living floor will have a kitchen, family room, small den, bathroom, and laundry room. The second floor will have four (4) bedrooms and two (2) bathrooms. The attic will be used for the home’s mechanical equipment, including the furnace and air handler.
Other than mechanicals, the attic will only be used for storage. The attic will be accessible by a set of pull-down stairs. On the Chicago Avenue side of the home, a gable and a large garage door will be added to create a tower effect to break up the monotony on the street and add curb appeal to the home. The house previously had a front appearance on the Chicago Avenue side of the home, the new front appearance will be located on Washington Avenue.

Deliberation
Spader – I think the plan looks very nice and I like the adjustments that have been made. The adjustments to the Washington Avenue side is favorable. I commend the applicant for working with us.
Kelly – I am with Mr. Spader – once the stairs are adjusted and I would recommend a little landscaping – that would add wonders to the front of the house.
Reilly – I think you and your team have been very cooperative. I will be in favor of this.
Reynolds – Thank you for considering the height.
Dixon – Nothing further
Loder – Nothing to add
Struncius – Nothing to add
Application approved with conditions


Condition
1. The plan is to be revised to show a revised window treatment along Washington Avenue in the foundation. The Washington Avenue garage door is to be eliminated. The plan is to show the height of the home as being compliant and the siding being brought down to 3 feet from grade. These changes will be submitted 10 days prior to memorialization and will be reviewed and approved by the Board at that time.

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

Application #2015-32 – William L. Opdyke (Opdyke Furniture) – 308 Route 35 - Block 11.02; Lot 54 – Applicant has erected a membrane structure in the rear of the building for business purposes.
John J. Jackson, Esquire, attorney for applicant stated that the property suffered devastating losses during Hurricane Sandy and the entire inventory on the property was destroyed. Since then, approximately $6,000 worth of improvements have been done to the property in an effort to make it as resilient as possible to natural disasters. The inventory had been originally stored in several durable tents in the back of the building, but were destroyed by Hurricane Sandy. A large, industrial architectural tent was constructed to provide greater protection, where the inventory is currently being stored. It was subsequently determined that the tent constitutes an addition to the premises which required a variance.

John Edelhauser, applicant, sworn, stated that the new tent was constructed to replace four previous tents where inventory had been stored. The new structure exceeds all national hurricane standards for this type of structure. D variances for expansions make this an issue due to the fact that there is an apartment on the second story of the building. The apartment has been operating continuously as an apartment since its construction in 1948.
Within the last three years, the main building has been rewired and the electric was upgraded from 200 amps to 400 amps. They have installed new fire, smoke, and carbon monoxide detectors as well as illuminated exit signs. The applicant proposes the use of the tent to be year-round for the purpose of storing seasonal materials. There will be shelving in the tent extending approximately 18 feet to store materials in cases of flooding.

Timothy P. Lurie, P.E., P.P., the applicant’s Professional Planner/Engineer/ sworn, stated that the applicant proposes two tents that will store seasonal equipment and seasonal merchandise. One tent is located behind a multistory main building on Rt. 35 which is 18 x 24 feet which is located 8.2 feet off the side property sideline. The second proposed tent is 36 x 100 that is located in between the two-story maintenance building on Lot 54 (in the rear) and in the front of the Lot 16 existing masonry building.

The existing coverage of the existing combined lot is currently 49.2%; as a result of the tents becoming now an enclosed structure the building coverage is up to 59%, about a 9.8% increase. The parking requirement according to the ordinance for retail sales is 1 space for 100 square feet. There is up to 8,800 square feet on Lot 54, requiring 88 spaces, whereas 24 spaces currently exist. Although the parking area is deficient the number of parking spaces has been proved adequate for this side for over 60 years.

Audience Questions/Comments

Thomas Burckhardt, 310 Maryland Avenue, expressed concerns about the noise disturbance from the speaker system and the relocation of the palettes and the dumpster behind the fence line could potentially remain unaddressed by the property owners. He was informed that before the property owners receive a certificate of occupancy; they must construct a fence and relocate the palettes and dumpster. He was also informed that the property owners are committed to adjusting the volume of the speaker system to decrease the noise disturbance.

John Jackson gave his summation.

Deliberations

Spader – Some of the real positive things have been clarification on microphones and things; new management coming in and conversations with the neighbors are real positive things. Is concerned if there is a fire; no room for people with hoses. I think the other efforts to clean up the area is good. Was around when it was built, will be supportive of application.

Kelly – Thinks the application has proven justification of the apartment. The owners are aware of the fire regulations. The agreements with the neighbors is a good thing and will be supportive of the application.

Reilly – What I am hearing is progress. Understands about the tents. I think it is very important to work with the neighbors.

Reynolds – Agree that open dialogue with the neighbors always helps. I think that walk talkies would have helped but if the board thinks adjusting the speaker will service that is fine.

Dixon – Impressed with the new owners and the willingness to talk to the neighbors and get the proper permits.

Loder – Impressed with Tim Lurie’s testimony addressing the multiple variances. Seeing them as diminimus and leaning towards being in favor of this application.

Struncius – I think the apartment has been proven to be an ongoing uses. Mr. Lurie went down the changes and there was a building coverage increase which is always a concern but there was not a change in the impervious coverage. Opdyke has had this structure up since 2013 and I have never noticed it, that is the real life test. I think we have to pay attention when we have that type of building increase. We request that the open dialogue with the neighbors continues.

Conditions
1. The plan is to be revised to state that the tent is permanent and that the tent is intended to store seasonal furniture.

2. The Board did not consider the existing sign, and makes no comment on whether it is conforming.

3. The speaker system is to be redirected and modulated to have less impact on the neighboring properties.

4. The applicant is to obtain a building permit for the tent.

5. The dumpster and the palette are to be relocated behind the fence or eliminated prior to the issuance of a certificate of occupancy.

Motion by vice chair Reilly, second by Mr. Reynolds to approve application #2015-32 of William Opdyke (Beach Head Properties) 308 Route 35 with conditions
In favor: Spader, Kelly, Reilly, Reynolds, Dixon, Loder and Struncius
Opposed: None

Application approved

Meeting adjourned at 10:50pm

Next meeting August 20, 2015

Attest: Karen L. Mills, Clerk, LUA


Published October02, 2015 | Board of Adjustment Minutes | 2183


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