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September 15, 2016

Minutes

The September 15, 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. Kelly, Mr. Reynolds, Mr. Schneider, Mr. Davis and Mr. DePolo
Absent – Chairman Struncius, Mr. Spader, Mr. Dixon, vice-chair Reilly and Ms. Crasper
Motion by Mr. Davis, second by Mr. Kelly to nominate Jay Reynolds as acting Chairman for this meeting.
In favor – Kelly, Schneider, Reynolds, DePolo and Davis
Opposed: None
Motion by Mr. Davis, second by Mr. Schneider to memorialize the minutes of August 18, 2016
In favor – Kelly, Schneider and Davis
Opposed: None
Motion by Mr. Davis, second by Mr. Schneider to memorialize the action and vote approving application #2015-16 of Rt. 35 LLC/Fred Ebrahimi with conditions
In favor – Kelly, Schneider and Davis
Opposed: None
Application #2016-37 – Mary Steiner – 305 St. Louis Avenue – Block 106; Lot 15 – Applicant is seeking a certificate of pre-existing non-conformity for a two-family dwelling.
Mary Steiner, applicant, sworn, stated that the subject property contains a two-family use, which predates the zoning ordinance prohibiting two-family uses. The house was purchased in 1954 by the applicant’s family as a two-family home. The applicant lived in the second floor unit with her family as a child, and there were tenants on the first floor. Over time, the applicant and her family alternated between the two units while different tenants typically occupied the vacant unit in the home. The applicant would now like to sell the house and needs approval to permit the continuance of the two-family use.

Allen Steiner, applicant’s husband, sworn, submitted tax records documented in Point Pleasant Beach which reflect that the home was recognized as a multi-family use. The applicant and her husband lived in the upper unit from 1971 to 1974, while her parents occupied the first floor unit. After the applicant and her husband moved out, they had a tenant occupy the unit from around 1975 to the early 1990s. When the applicant’s mother was moved to a nursing home, her previous caretaker rented the lower unit until around 2011. During this time, the upper unit was rented out to various tenants. The house was built in 1934 as a two-family home.

Audience questions/Comments

Catherine Bick, former tenant, sworn, stated that she was a tenant of the second floor unit in the two-family home from July 2000 to May 2002. During that time, there was a continuous tenant on the first floor unit as well.

Berit Mahany, 307 St. Louis Avenue, expressed concern about the potential issues that might result from unwanted or disruptive renters if the home were to be recognized as a two-family home.
Deliberations

Kelly – Know this home well. My kids played down that way. Always a rental; well-presented and documented.

Schneider – Think the fact there are documentation of double gas bills, water sewer and electric shows there was a two-family use.

DePolo - For the same reasons has no objections of the continuing of the two-family use. Shares concerns of neighbor but cannot deny use based on what might happen. Hopefully you have a responsible neighbor. In favor

Davis – For all reasons stated and documentation agree that it is a two-family.

Reynolds – Also agree it was well prepared and presented. Understand the neighbors’ concerns.

Motion by Mr. Kelly, second by Mr. Davis to approve application #2016-37 – Mary Steiner – 305 St. Louis Avenue – Block 106; Lot 15 –

In favor- Kelly, Schneider, DePolo, Davis and Reynolds
Opposed: None
Application approved


Application #2016-29 – Stephen/Estelle Doyle – 108 Niblick – Block 102; Lot 16 – Applicant wishes to raise existing single family dwelling to comply with FEMA regulations and add an addition to the front of the home requiring a front yard setback variance.
Estelle Doyle, applicant sworn, stated that they are raising the existing single-family dwelling to comply with FEMA regulations and they currently enter the home through an existing porch. Once the home is elevated, the front entrance for the home will be located on the first floor, which will decrease the amount of living room space inside the home. Due to this, the applicants are seeking to expand the existing porch two feet in depth to create more living space in the living room. These improvements to the home will make the home more visually attractive.

Stephen Doyle, applicant sworn, stated that the first floor will be utilized for storage space and a first floor garage.

No audience questions/comments
Deliberations
Kelly – I have no problems with this
Schneider – I have no problem with just two feet. It is an aesthetic improvement.
DePolo – Fine for all the same reasons.
Davis – Sorry for what you had to go through. Agree with what has been said.
Reynolds – Love the idea of going through the foundation. I am good.

Conditions
1. The applicant must comply with the ordinance to extend the siding or decorative stone within three feet of the bottom of the home.

2. The applicant must receive the necessary approval to remove the existing curb cut and driveway on the west side of the property and install the new curb cut and driveway on the east side of the property.

Motion by Mr. Schneider, second by Mr. DePolo to approve application #2016-29 – Stephen/Estelle Doyle – 108 Niblick – Block 102; Lot 16 – with conditions
In favor – Kelly, Schneider, DePolo, Davis and Reynolds
Opposed – None
Application approved with conditions
Application #2016-30 – Arthur/Kaitlin Gant – 506 Cramer Avenue – Block 91.01; Lot 9 – Applicant is requesting to alter the roof to create a full second story and construct a new open front porch.
Arthur Gant, applicant, sworn, stated that he has a young family and needs more room. The third floor exceeds allowable space. He states that he would like it for a play room and would like the deck on the third story to watch fireworks. He stated that behind his home is a parking lot. He will be abandoning the two family use. Footprint of home will not be changing.
Audience questions/comments

Bozena Fishbein – applicant’s neighbor complained that there is presently light spillage from their flood lights in her windows. Does not understand the hardship if they do not get a third floor deck. I think it will be intrusive.
Ray Savacool explained that by ordinance lights are not supposed to spill on neighboring properties and there are light fixtures to prevent it.
The Board needs more clarification and suggests that the application be carried.
Motion by Mr. Davis, second by Mr. Schneider to carry Application #2016-30 – Arthur/Kaitlin Gant – 506 Cramer Avenue – Block 91.01; Lot 9 – to October 20, 2016 without notice to October 20, 2016
In favor – Dais, Kelly, Schneider, DePolo and Reynolds
Opposed: None
Application #2016-28 – Land’s End Condominium – 101 New Jersey Avenue – Block 48; Lot – 1, 1.01 and 1.08 – Applicant is requesting to construct three second story balconies to units 2B, 4D and 5F.
Attorney Michael Lipari for applicant for site plan approval and the addition of three decks.
Paul Favorito, Association President, sworn, stated that they would like their own decks for privacy. Presently there is only a porch that holds 14 chairs. This limits the residents’ privacy. If they would like to sit out at night there creates a problem with tenants because you are sitting in front of unit windows. You cannot even sit by the pool in the evening. This has been an ongoing problem for a while.
The Condominium board has voted and changed the condominium documents to allow for the porches.
Mr. DePolo inquired if the police have been called for noise problems. Mr. Favorito said that he cannot comment. Mr. DePolo stated that sound carries more when elevated. Mr. DePolo inquired if it was the neighbors complaining or the unit owners. (One unit owner)
Mr. Davis stated that the masonry porch is eight (8) feet wide. The space from the porch to the sidewalk (stone area) is much larger. Can you move the chairs out to the stone area? Paul Favorito replied that he would worry about someone hurting their ankle.
Donald Passman, licensed Engineer, sworn. Has appeared before Point Borough, Brick and Allenhurst Zoning Boards. Stated that he prepared the site plan. Balcony size is seven (7) feet by Fifteen (15) feet. He reviewed the plans and Board Engineers comments.

Mr. Davis inquired what kind of finish would be applied to bottom of balcony. (Keyboard soffit)
No audience questions
Anthony Fazioli opposing council for Tracy/Mike Benson Unit 3. He will wait until the next meeting to present his case.
Mike Lipari waived the time for this application to be heard.
Motion by Mr. Schneider second by Mr. Davis to carry application #2016-28 – Land’s End Condominium – 101 New Jersey Avenue – Block 48; Lot – 1, 1.01 and 1.08 to December 1, 2016 without notice
In favor – Kelly, Schneider, DePolo, Davis and Reynolds
Opposed – None

Meeting adjourned at 9:50pm
Attest: Karen L. Mills, LUA
Clerk of the Board


Published November14, 2016 | Board of Adjustment Minutes | 2432


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