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February 18, 2016

Minutes

The February 18, 2016 Regular Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Mr. Spader, Mr. Kelly, vice-chair Reilly, Chairman Struncius, Mr. Reynolds, Mr. Schneider, Mr. DePolo and Mr. Davis

Absent – Mr. Dixon and Mr. Renner

Also present – Andrew Leimbach, Ray Savacool and Karen Mills

Motion by Mr. Spader, second by Mr. Reynolds to memorialize the minutes of January 21, 2016
In favor: Spader, Kelly, Reynolds, Schneider, Davis and Struncius
Opposed: None
Motion by Mr. Spader, second by Mr. Reynolds to memorialize the minutes of February 4, 2016
In favor: Spader, Kelly, Reynolds, Schneider, Davis and Struncius
Opposed: None
Memorialize Resolutions
Be it resolved by the Board of Adjustment that it hereby memorializes the action and vote approving the following applications
Motion by Mr. Reynolds, second by Mr. Spader to memorialize the action and vote approving application # 2016-07 or Daniel/Patricia Adams – 1505 Oceanfront with conditions
In favor: Spader, Kelly, Reynolds, Schneider, Davis and Struncius
Opposed: None
Motion by Mr. Davis, second by Mr. Kelly to memorialize the action and vote approving application #2016-11 of Jim/Ann Marie Ireland– 405 Trenton Ave – with conditions
In favor: Spader, Kelly, Reynolds, Schneider, Davis and Struncius
Opposed: None

Application #2016- 06 – Ed/Elise Previte – 1024 Gowdy Avenue – Block 36; Lot 3 – Applicant wishes to install in-ground swimming pool.

Ed Previte, applicant, sworn stated that he would like to install small pool (23 foot by 12 foot). The reason it cannot conform to side yard setback is because of the garage. Ray Savacool inquired if they had considered moving the pool to conform to the rear yard side back. Ed Previte stated that he did not want the pool that close to his home. Mr. Spader informed the applicant that the 10 feet required setback distance is for safety.
The Board is not comfortable with the proposed plan and Ed Previte requested to be carried to re-think the application.

Motion by Mr. Kelly, second by vice-chair Reilly to carry application #2016-06 of Ed/Elise Previte 1024 Gowdy Avenue without notice
In favor – Spader, Kelly, Reilly, Reynolds, Schneider, DePolo and Struncius
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. Applicant previously installed an outdoor shower.
Jim Stahl, attorney for applicant. Mark Finkelstein, applicant, sworn stated that he is now a full time resident. The property has never been rented. He is seeking a variance for side yard setback for the existing shower and a new generator.Exhibit A-3 entered – Generac specs The applicant was under the impression that the contractor had secured the required permits for the shower. The applicant stated that the shower was pre-existing, but it is raised to be flood compliant. Mark Finkelstein stated that the generator is about as loud as the a/c units and the unit charges weekly for about ten (10) minutes. Mr. Reynolds inquired how the a/c units were allowed to be placed in the side yard setback. Mark Finkelstein replied that they were put back after the storm in the same place. Ray Savacool stated that the generator would have to encroach more than the a/c units because it needs to be placed no less than 18 inches from the home and the unit itself and its two (2) feet wide. The applicant stated that he replaced the previously existing structure. Ray Savacool made a call to the zoning official and she stated that a variance was previously approved for the open rear decking. Chairman Struncius commented that the pool had been reconfigured. Mr. Spader stated that the current neighbor does not have a problem with the current placement but a future owner may. Jim Stahl commented that if a future buyer does not like it they do not have to buy the home. Mr. Spader inquired if the applicant could place the generator somewhere else. Jim Stahl stated that there is already an encroachment by the a/c units and that the one additional unit should not make much more of a difference. Vice Chair Reilly is not happy with the building coverage calculations and want to know if it is exiting or not.
The Board is not happy with the present application and the applicant wishes to carry so he has more time to consider his request.
The applicant waived the time for which the Board has to act.

Motion by vice chair Reilly, second by Mr. Reynolds to carry application #2015-41 of Mark Finkelstein, 206 New York Avenue to April 21, 2016 without notice
In favor – Spader, Kelly, Reilly, Reynolds, Schneider, DePolo and Struncius
Opposed: None


Application #2016-02 Dawn/Robert Morano – 106 Trenton Avenue – Block 68; Lot 15 – Applicant constructed a new deck.
John Jackson, attorney for applicant, stated that his applicant’s house had been substantially damaged from the storm. They rebuilt their house and served as their own general contractor and added a deck. Their engineer did not think that the deck counted as building coverage and had not included it in the calculations. A-3, 4 and 5 – entered – photos of home. Deck has open slats; driveway will be crushed stone.

Deliberations
Spader – Percentages are relatively small for the size of the lot. You would think that people operating in Point Pleasant Beach would know what the rules are. Under the circumstances will support the application.
Kelly – I think it is a beautiful home. In favor
Reilly – Think it is a lovely house. Believes the coverage is not as serious because the water can run through. Will support the application
Reynolds – 2% is diminimus – agree the deck is open and not covered. Has no problem with this.
Schneider – Very nice house – setback is not an issue.
DePolo – For all the reasons that were stated previously – has no problem with it.
Mr. Davis – Also for all the reasons previously stated will be in favor.
Motion by vice chair Reilly, second by Mr. Reynolds to approve application #2016-02 of Dawn/Robert Morano – 106 Trenton Avenue – Block 68; Lot 15
In favor – Spader, Kelly, Reilly, Reynolds, Schneider, DePolo and Struncius
Opposed: None

Application 2016-04 – Thomas/Denise McFadden- 16 Danby Place – Block 121; Lot 4.06 – Applicant wishes to demolish existing single family dwelling and construct a new FEMA compliant single family dwelling.
Vice chair Reilly has recused himself from the McFadden application.
John Jackson attorney for the applicant, stated that the applicant is finally going to build their dream home. Variances requested are two (2) feet in height and side yard setbacks. There will be four (4) parking spaces underneath. Height is needed for elevator; applicant plans to enclose the bottom. Jason Marciano, Professional licensed engineer/planner, sworn and credentials accepted, reviewed plans and board engineer’s letter. A-3 entered – aerial photo. 2 Story home built on pilings – no enclosed walls on bottom level. Front and rear setbacks comply; side yard setbacks are increased to 3.36 feet. He believes the two story home fits in nicely with neighboring homes. Believes because of the architectural features that it fits the lot well and believes the benefits outweigh the detriments and it promotes safety. The driveway will be stone to absorb water.
Verity Frizzell, licensed professional architect, sworn stated. Exhibit A-4 color rendering entered. Verity reviewed floor plan – 4 bedrooms. Retaining wall goes down the side of property. Roof line has been kept low. The front of the retaining wall will have the lattice. The home has that bungalow feel with the porch facing the ocean. Mechanicals will be in the attic and the a/c units will be on a platform in the rear.
No audience questions/comments
Deliberations
Spader – You are putting something up there that actually fits. This is a win/win
Kelly – Agrees with Mr. Spader – the homes are now all better than what was there before.
Reynolds – You have reduced the setbacks and given us a nice looking shore home. I think it is a beautiful addition.
Schneider – I think it is a nice design and beautiful addition to the ocean front. Safety is improved – it is a good addition to the town.
DePolo – I agree – It is a beautiful design
Davis – Concur with all that has been said. It fits perfectly – height variance diminimus and appropriate. Tremendous improvement
Struncius – Agree with everything that has been said. Anytime we go a few feet above the first floor elevation – why wouldn’t you – The house is architecturally beautiful – benefits outweigh any detriments. We are getting a modern fully compliant home – fully in favor
Standard conditions

Motion by Mr. Spader, second by Mr. Kelly to approve application 2016-04 of Thomas/Denise McFadden- 16 Danby Place – Block 121; Lot 4.06 with conditions

In favor – Spader, Kelly, Reynolds, Schneider, DePolo, Davis and Struncius
Opposed: None
Next meeting March 3, 2016
Meeting adjourned at 9:45pm
Attest: Karen L. Mills, LUA
Clerk of the Board


Published March24, 2016 | Board of Adjustment Minutes | 2298


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