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OCTOBER 15, 2015

MINUTES

The October 15, 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

Motion by Mr. Reilly, second by Mr. Loder to memorialize the minutes of September 17, 2015

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

Memorialize Resolutions –
Motion by Mr. Loder, second by Mr. Reilly to memorialize the action and vote approving application #2015-49 of Robert/Geraldine Yurachek – 114 Sanborn Avenue with conditions
In favor – Kelly, Reilly, Renner, Loder and Struncius
Opposed - None
Motion by Mr. Spader, second by Mr. Reilly to memorialize the action and vote denying application #2015-31 of Masahagar Properties,LLC/Aruna Viradia – 1409 Oceanfront
In favor – Loder, Spader, Kelly, Dixon, Renner and Reilly
Opposed – None
Application denied
Motion by Mr. Kelly, second by Mr. Loder to memorialize the action and vote approving application #2015-17 of Kari Webb – 2 Niblick Street with conditions
In favor – Kelly, Reilly, Renner, Loder and Struncius
Opposed: None
Application approved with conditions
Motion by Mr. Reilly, second by Mr. Dixon to memorialize the action and vote approving application #2015-36 of Moose Group Development – 301 Newark Avenue with conditions
In favor – Loder, Spader, Kelly, Dixon, Renner and Reilly
Opposed – None
Application approved with conditions
Motion by Mr. Loder, second by Mr. Reilly to memorialize the action and vote approving application #2015-45 of Nascimento/Maria Ruela – 330 Richmond Avenue with conditions
In favor – Loder, Spader, Kelly, Dixon, Renner and Reilly
Opposed – None
Application approved with conditions

Application #2015- 54 – Jeffrey/Melanie Bodner – 705 New Jersey Avenue – Block 54; Lot 3 – Applicant wishes to construct a second story above front half of existing single family dwelling.

Mr. Loder has stepped down from the following application.

Jeffrey and Melanie Bodner applicants, sworn. Jeffrey Bodner stated that they would like to add a second story to their existing home. Paul Lawrence, architect, sworn, has appeared previously before Sea Girt, Lake Como and Spring Lake boards. Credentials accepted, stated that they will build above the oldest portion of the home. The second story will be pulled back in front to soften the addition.
Chairman Struncius clarified that there are no new variances, the addition just aggravates the existing variances. The applicant does not believe that the addition will have a negative effect on the neighbors light or air.

No audience questions/comments


Deliberations

Spader – I was over there recently, it is possibly the best thing that can be done. I think it is low impact and supports it.

Kelly – Congratulate the applicant on doing the best job on the two buildings that are there.

Reilly – I think this is a good improvement and will be in favor.


Dixon – I like the ides of moving the second floor back and keeping the roof line lower. It makes it look like it has always been there.

Renner – I like what you have done and I like the architect plan and will be in favor.

Chairman Struncius – It almost looks like two different houses the way it was built and aesthetically it ties then two structures together. The fact that you stepped back the second floor and it all works aesthetically.

Motion by Mr. Renner, second by Vice Chair Reilly to approve application 2015-54 of Jeffrey and Melanie Bodner, 705 New Jersey Avenue with conditions.

In favor – Spader, Kelly, Reilly, Dixon, Renner and Struncius
Opposed – None

Application approved with conditions



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.

(Benedetto/Harvey carried without notice from October1, 2015 meeting)
Christopher Healy, attorney for applicant gave closing statement.
Deliberations
Spader – The key to this thing for me is it’s a commercial property; but this is too small for commercial and through discussions we know it won’t be developed commercially without an additional lot. This can be easily converted back to commercial with conditions in place.
Kelly – Can’t have a pool without a residence – lot looks rather attractive right now. Eliminated the danger with prohibiting parking on Hawthorne. Lot will be improved with landscaping and with the deed restrictions satisfies his concerns.
Reilly – Agrees with everything that has been said. A little concerned with safety aspect on Hawthorne side.
Dixon – Feels there are too many restrictions and gobbledygook. Understands what the applicant wants to do; house next door is for sale. The pool violates town ordinance and they are not combining the lots.
Renner - I like what is being done; I like that we are losing a curb cut. I would have asked for more trees. In favor of this application.
Loder – I feel with the limitations and size I see this as fixing up this part of town and making it nicer with restrictions in place am leaning to be in favor.
Struncius – Inquired of the attorney to stipulate no gate on the Hawthorne side and the other question is because it is in a commercial zone and an oddity to put in language not to let it be used commercially for corporate parties or commercial uses.



Conditions


1. The applicant is to record a Deed Restriction against both lots 7 and 30, requiring that in the event either lot is sold without the other, that the pool and all accessory structures located on lot 30 must be removed prior to the transfer. Under no circumstances shall the pool and/or accessory structures be separated from the single family principal use located on lot 7. In addition, lot 30 is not to be used for commercial purposes while the pool exists on this lot. This Deed Restriction is to be reviewed and approved by the Board’s Attorney prior to being recorded and must be recorded prior to the issuance of a building permit.

2. The front yard on Hawthorne Avenue is to be landscaped. The landscape plan is to be reviewed and approved by the Board’s Engineer.

3. The applicant agreed to install a sidewalk on Hawthorne Avenue.

4. There is to be no parking on the lawn along Hawthorne Avenue.

5. The curb cut on Hawthorne Avenue is to be removed. This approval is contingent on the Department of Transportation issuing permission for its removal.

6. The only access point to lot 30 is to be through lot 7.

7. The applicant is to put motion detector lights in the pool area before the issuance of a Certificate of Occupancy.

Motion by
Mr. Spader, second by Mr. Loder to approve application #2015-43 of James Benedetto and Virginia Harvey, 322 Hawthorne Avenue with conditions
In favor: Spader, Kelly, Reilly, Loder and Struncius
Opposed: Dixon
Application approved with conditions

Application #2015-40 – Neal and Barbara Campbell – 8 Water Street – Block 120; lot 17.06 – Applicant wishes to extend deck.

Exhibits A-3 – Rendering of home
A-4 – Updated corrected survey by DW Smith
A-5 & A6 – Photographs of the porch

John Jackson, attorney for applicant, explained the improvements to the ocean front porch. It will extend to the north to occupy dead space on the property. There will also be an awning over the porch which will not affect anyone’s air, light or space. Mr. Lurie, applicant’s engineer has an updated survey; the original one that was submitted had some errors. The revision has been marked A-4. Tim Lurie, applicant’s engineer, sworn. The applicant’s engineer reviewed the corrected survey and updated numbers and stated that this was just squaring off the porch. Chairman Struncius inquired if the sidewalk could be changed to pavers to reduce impervious coverage (Yes). Mr. Spader wants to make sure that the awning does not extend past the porch or end of house. The awning will not cover the new part of the porch.


Deliberations

Spader – This property has been before the board a number of times always wanting a little bit more. Clarification on the awning was useful. Will support application with great reluctance.

Kelly – This application has a little bit of justification. Voted against the last application. The deck looks like it will be attractive. Will be in favor
Reilly – I came here with a lot of concerns. We got impervious down to 83.2%. I can live with this.

Renner – I can understand the family wanting to sit on the porch. Will be in favor

Loder – Does not have any comment

Struncius – Aesthetically think it will be beautiful. We have had a compromise; the awning will be tricky.

Motion by Mr. Spader, second by Mr. Renner to approve application #2015-40 of Neal/Barbara Campbell, 8 Water Street with conditions

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

Application approved with conditions


Conditions

1. The concrete area is to be replaced with pavers and the flag pole area is to be removed.

2. The existing deck is to be cut back to align the proposed deck extension with the existing stairs, in order to reduce the impervious coverage which is not to exceed 83.2%.

3. The awning is not to extend beyond the edge of the house on the north side, or the deck on the east side.

Meeting adjourned at 9:30 pm

Next meeting is November 5, 2015

Karen L. Mills, LUA
Clerk of the Board


Published January13, 2016 | Board of Adjustment Minutes | 2239


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