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October 1, 2015

Minutes

The October 1, 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. Reynolds, Mr. Dixon and Mr. Loder
Absent: Vice-chair Reilly, Mr. Renner and Mr. Davis


Also present: Board Attorney, Ray Savacool, Board Engineer and Karen Mills, clerk.

Court Reporter – Denise Sweet

Motion by Mr. Spader, second by Mr. Loder to nominate Jay Reynolds as acting chairman
In favor: Loder, Spader, Kelly, Reynolds, Dixon and Struncius
Opposed: None
Memorialize Resolutions –
Motion by Mr. Loder to memorialize the action and vote approving application #2015-22 of Richard and Kathryn Repoli 205 Princeton with conditions
In favor: Mr. Loder
Opposed: None

Memorialize Minutes –
Motion by Mr. Loder, second by Mr. Dixon to memorialize the minutes of August 6, 2015
In favor: Kelly, Reynolds, Dixon, Loder and Spader
Opposed: None
Motion by Mr. Kelly, second by Mr. Dixon to memorialize the minutes of August 20, 2015
In favor: Kelly and Dixon
Opposed: None
Motion by Mr. Loder, second by Mr. Kelly to memorialize the minutes of September 3, 2015
In favor: Kelly and Loder
Opposed: None



Application #2015-41 – Mark Finkelstein – 206 New York Avenue – Block 31; Lot 17.01 – Applicant would like to install a generator in the side yard setback.

(Deficient notice – NOT BEING HEARD)`


Application #2015-47 – Gregory/Kathleen Galinskie – 200 Forman Avenue – Block 62; lot 19 – Applicant wishes to lift existing single family dwelling and add onto the front porch.

John Jackson, attorney for applicant stated that this is one of the more big beautiful homes located on two lots. Applicant has to raise their home and they would like to move it onto one of the lots. John Amelchenko, architect for applicant, sworn, credentials accepted, gave an overview of the application. The home is surrounded by other single family uses and is over a 100 years old. Property was significantly damaged during Superstorm Sandy. The lots are already subdivided and are conforming. The applicant is requesting for the existing home to be lifted and located on the corner lot with garages located under the home which will require some “c” variances; 1.) Building coverage at 34% - the other variances – 2.) Front setback on Baltimore of 5.2 feet to property line where 25 feet is required; 3.) Front yard setback on Forman will be 16 feet to stairs. The nature of the porch softens the impact. Exhibits entered A-3 – colored rendering of elevation A-4 – Google earth photo. Mr. Spader requested that the vegetation being replanted on Chicago Avenue be listed as a condition. A-5 Site Plan A-6 Elevation A-7 – Floor plan. JCP & L is requiring a platform to read their meter (42 “by 48”). Meter has been added to elevation. Platform does not have railings and it will be landscaped. Mr. Kelly inquired about the two trees. The applicant agreed to remove the trees.

Kathleen Galinskie, applicant, sworn, home was built in 1906, family has owned home since 1928, stated that the hedges will be maintained. Family loves home and hopes to pass it on to her children.

Audience questions/comments

John Mak, 211 Forman Avenue - discussed the extensive damages the community suffered due to Super storm Sandy. He expressed support for the changes they proposed to make to their home. They have been great neighbors and great friends.

Mitch Winter, 208 Forman Avenue - expressed support for the applicants’ proposal and their decision to continue to showcase the front porch.

Denise Mayer, 705 Cedar Avenue - commented that the home will be an extremely attractive addition to the neighborhood and fully supports them.

The Board determined that the lot exists under unique conditions, making it extremely difficult to elevate the home in this particular site using the existing buildings and appreciates the efforts to preserve and maintain the character and personality of the home, acknowledging that the grand nature of the home significantly contributes to the visual appeal of the neighborhood.

Conditions

1. The applicant is to comply with the Board Engineer’s letter of September 24, 2015.
2. The home is to be constructed as shown to the Board and described by the Architect at the time of the hearing.

3. The porch is not to be enclosed.

4. The privet hedge is to be maintained and if it is damaged during construction, it is to be replaced in order to restore the existing look.

5. The landscape plan is to be reviewed and approved by the Board’s Engineer.

6. The applicant is to plant two trees at a minimum of 2 and a half inches in caliber. The replacement trees must be planted prior to the issuance of the Certificate of Occupancy.




Deliberations

Loder – Recognized the efforts of the professional. Square footage has not been increased; requests are diminimus. In favor

Spader – Building coverage increase is from stairs and porch. I think the effort to preserve something that has charm and personality is applauded. In favor

Kelly – Very impressed on how open the property is. 100% in favor of this. Looking forward to seeing the house moved.

Dixon – We are getting a flood compliant home; preserving a family home. In favor

Reynolds – The only problem is that we are creating non-conformities. I think it is a good plan and will be in favor.

Motion by Mr. Kelly, second by Mr. Spader to approve application #2015-47 – Gregory/Kathleen Galinskie – 200 Forman Avenue – Block 62; lot 19 with conditions

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

Application approved

Chairman Struncius has arrived

Application #2015-43 – James Benedetto/Virginia Harvey – 323 Hawthorne Avenue – Block 110; Lot 30 – Applicant wishes to construct an in ground swimming pool , Tiki hut and Bocce ball court on vacant property located in the highway commercial zone.

Chris Healey, applicant’s attorney from the Law firm of Bathgate and Wegener reviewed what the applicant is looking to do. James Benedetto, applicant, sworn, stated that he purchased the house approximately 7 years ago and the additional rear lot this year and he explained that the reason he could not consolidate the lots is because the lots reside in two different zones and the bank would not combine the mortgages because one is a commercial loan. Dennis Galvin explained that the bank’s concerns are not the Boards concern; the board is here to do the best zoning. The applicant stated that the rear lot was purchased for recreational space. Mr. Loder inquired why they would buy a lot in a commercial zone. The applicant replied that it was available and they purchased it to have additional space for their extended family. Dennis Galvin stated that keeping the lots separate worries him because you are not supposed to have a pool on a lot without a residential home. Chairman Struncius inquired if there can be a deed restriction that if the home is ever sold the pool would need to be filled in if both lots are not purchased. Dennis Galvin said that is one way to go.
Ronald S. Sebring, Professional Planner, sworn, credentials accepted, reviewed the Board’s engineering letter. Ron Sebring stated that this is an undersized lot for a commercial zone. It would be very difficult for this lot to be developed for commercial use without the addition of the neighboring lots. He commented that there are a number of residential uses in this area.
The applicant is looking to put a Tiki hut (for shade), bocce ball court and swimming pool. There will be no plumbing. Ron Sebring stated that there is nothing that cannot be removed if down the road there comes a time for the lot to be developed commercially. John Dixon inquired if the mortgage company will have a problem with the property being used as residential. Ron Sebring did not have an answer. A solid fence will be installed with landscaping. Chairman Struncius discussed the fencing, landscaping and safety issues. Mr. Kelly requested that a sidewalk be installed. Chairman Struncius clarified that the curb cut would be eliminated.
Andrew Liethe, 318 Richmond Avenue, neighbor has safety concerns knowing that there is a rental home next door, Wants to know what safety measures will be taken with the pool. He agrees that it will enhance the neighborhood being that now people use that lot for a cut through.
Chris Healey replied that there will be arborvitae planted on the Hawthorne side; that will hide it from the public.
Conditions
1. Front yard on Hawthorne is to be landscaped. The landscape plan is to be reviewed by the board engineer.
2. The applicant agreed to install a sidewalk on Hawthorne.
3. There is to be no parking on the lawn along Hawthorne.
4. The curb cut is to be removed on Hawthorne pending DOT approval.
5. The applicant is to file a deed restriction that if the lots are sold separately the pool will be filled in.
The applicant chooses to wait until there is seven (7) board members to take the vote.
The applicant waives the time for the application to be heard.
Motion by Mr. Spader, second by Mr. Loder to carry application #2015-43 of James Benedetto/Virginia Harvey to October 15, 2015 without notice
In favor: Loder, Spader, Kelly, Dixon and Struncius
Opposed: Reynolds

Motion to adjourn at 9:37pm

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


Published December21, 2015 | Board of Adjustment Minutes | 2228


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