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October 20, 2016


October 20, 2016 BOA minutes

The October 20, 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, Mr. Reilly, Mr. Reynolds, Mr. Dixon, Mr. Schneider, Mr. Davis, Mr. DePolo and Ms. Crasper
Absent – Chairman Struncius
Memorialize minutes –
Motion by Mr. Spader, second by Mr. Reynolds to memorialize the minutes of September 1, 2016
In favor – Spader, Kelly, Reilly, Reynolds, Dixon and Schneider
Opposed: None

Memorialize Resolutions –
Motion by Mr. Reynolds, second by Mr. Kelly to memorialize the action and vote approving application #2016-29 – Stephen/Estelle Doyle – 108 Niblick – with conditions
In favor: Spader, Kelly, Reilly, Reynolds, Dixon and Schneider
Opposed: None
Motion by Mr. Spader, second by Mr. Schneider to memorialize the action and vote approving application #2016-33 – Jenkinson’s Pavilion (Aquarium) – 265 Boardwalk/300 Ocean – with conditions
In favor – Spader, Kelly, Reilly, Dixon and Schneider
Opposed: None
Motion by Mr. Spader, second by Mr. Davis to memorialize the action and vote approving application #2016-37 of Mary Steiner – 305 St. Louis – cert of nonconformity
In favor – Kelly, Schneider, DePolo, Davis and Reynolds
Opposed: None

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 and rear third story balcony.
(Gant carried from September 15, 2016 without notice)
Arthur Gant, applicant, previously sworn, stated that the calculations for the third floor were incorrect. The third floor is actually only 554 square feet. It still requires a variance. He is building within the footprint and just requesting to upgrade. Home was built in 1946 and has character. Applicant is abandoning the two-family use. Front porch is being increased but it is in character with surrounding properties.
Ray Savacool clarified the variances – deficient front yard setback; was permitted 364 square feet for habitable attic space and it is 554 square feet which makes it a third floor. Rear deck will not be hanging over the second story. Lighting will be removed from south side of home and new lighting will be shielded from 504 Cramer. .
Audience questions/comments
Rachel Harrigan – 728 Arnold Avenue – Gant’s neighbors – would be so happy to see them update their home.
Davis - We are gaining a front porch: removal of side light and getting rid of a two-family use. All in all in favor
Spader – Unless something unusual comes up I am in favor of getting rid of a two-family – in favor
Kelly – The problem with the lights has been resolved. In favor
Reynolds – It is different than originally presented. The numbers have come down and we are getting rid of a two-family use. In favor
Dixon – Cannot add much more – Gentleman turning two-family into family home. In favor
Schneider – Two-family turning into single family – issue was size of third floor and it has been recalculated. In favor
DePolo – In favor - it is going from two-family to single family home. It will blend right in. In favor
Reilly – Pleasant surprise is that it will maintain an historic home in the neighborhood. Number of reasons to approve. In favor

1. No lights on the side of the home facing 504 Cramer.
2. The applicant hereby abandons their right to use the structure as a two-family home.
Motion by Mr. Reynolds, second by Mr. Dixon to approve Application #2016-30 – Arthur/Kaitlin Gant – 506 Cramer Avenue – Block 91.01; Lot 9 – with conditions
In favor – Spader, Kelly, Reynolds, Reilly, Dixon, Schneider and DePolo
Opposed: None
Application approved with conditions

Application #2016-32 – William/Kari DeFalco – 1507 Ocean Avenue – Block 13.05; Lot – 7.02 – Applicant would like to deviate from approved plans (home already built) and expand driveway/parking area.

Mike Rubino, attorney for applicant, stated that they are there because of a condition on the resolution. The applicant has five (5) children that come down to visit in the summer. After they moved in this year and they noticed there is a problem parking in the summer. The applicant would like to add a parking spot along the side of their home. They will still be under in impervious coverage. Curb cut will remain the same.
Mr. Spader inquired if the foundation plants will remain? (Yes)

Approval will be for one additional parking space. There will be a space between paver and sidewalk. Vice –chair Reilly clarified that only one car may be parked and the plantings will remain. Ray Savacool said there is no way to park two cars without being on the Borough’s property.
A-3 – Photo Board – pictures taken a week ago.
Audience questions/comments
Gary Stivali – 305 Carter -Will there be an additional curb cut (No) Just confirming that no parking will be eliminated on Carter Avenue (no)
Ray Savacool replied that two foot planting bed will remain against foundation. Two or three feet will be left between pavers and sidewalk.
Davis – Given foundation plantings – no problem with it
Spader – This will only be in the summer – the rest of the year we will have the plantings – in favor
Kelly – Thank you for the sidewalks – Beautiful home – in favor
Reynolds - Dealing with corner lot – addition of pavers will not exceed impervious coverage.
Dixon - Came in front of us to explain their case – no problem
Schneider – Not exceeding impervious coverage. Pavers will look good
DePolo – Thank you for asking for permission – most people just do it – you followed the process – parking is a hardship
Reilly – Beautiful home – with Mr. Spader’s suggestion will work out fine.
1. Applicant is to maintain two foot planting strip along foundation which must have appropriate landscaping. Landscaping plan will be reviewed and approved by Board engineer.
2. The use of the parking area is not to over flow on to Borough property and impede pedestrian movement.

Motion by Mr. Spader, second by Mr. Schneider to approve application #2016-32 –of William/Kari DeFalco – 1507 Ocean Avenue – Block 13.05; Lot – 7.02 – with conditions
In favor – Spader, Kelly, Reynolds, Dixon, Schneider, DePolo and Reilly
Opposed: None
Application approved with conditions

Application #2016-36 – Gloria Focazio – 45 Inlet Drive – Block 175; Lot 23 – Applicant wishes to demolish existing single family dwelling and construct a FEMA compliant single family dwelling.
John Jackson, attorney for applicant, went over history of property. Applicant has had property since the 50’s. It is the applicant’s primary residence. Gloria Focazio has been living with her daughter since Superstorm Sandy. Home will be built in existing footprint.
John C. Amelchenko, Professional architect, sworn, credentials accepted. Mr. Spader inquired what the thought was of the area being in Marine Commercial where residential is not permitted. John Jackson stated that this is the purpose that this lot is suited for. “The original home could have just been lifted without coming before the board. John Amelchenko reviewed the design and went through the Board engineer’s letter. Exhibit A-3 – Colorized plot plan – entered Materials are going to be composite shingle, composite siding materials and white PVC trim - . Three parking spaces will be provided.
Audience questions
Lee Miller – neighbor - questioned where the construction will be and will they block her access easement (no)
Audience comments
Paul Ward – sworn, Ocean Avenue – stated that he had just closed on three similar properties. He explained the meaning of the Public Trust Doctrine and the permitting process. (Tide land easements)
Tom Spader said the access for the fishermen should be clarified. John Jackson said the fisherman will have access if CAFRA requires it when permitting.
Ray Savacool asked that the materials be clarified. John Amelchenko stated that there will be gravel in the front, along the south side and the north side between property line and deck. Under the deck will be gravel and small walk way out to the bulk head.
Davis – Believes this residential use is appropriate for this area. Flood compliant attractive home that is not over powering.
Spader – Things don’t happen overnight. Someone did not come in yet and buy it up and make it Marine Commercial. Once one of these properties is developed it will keep it from being bought up and developed in the future. If it’s approved and standing what about the other homes if they are not developed. Not supportive of it.
Kelly – Right now that whole area is an eye sore. Quite frankly this residential property has been there for years. Would like to this corner developed. I do not think it is going to be developed marine commercial.
Reynolds – It has been said how unique this property is. I can’t agree more – it is very unique. It is the entrance into the inlet waterway. I do not agree that it is going to be occupied the same way. You are putting in four bedrooms/baths on a postage size property where there used to be one level two bedrooms. Personally would like to see it developed marine commercial. They could rebuild what was there but would like to see it as our fore fathers envisioned it. There is 347 feet of decking which is not a benefit to anyone but them; it has nothing to do with the hardship of raising the house. The deck will be going over public land.
Dixon – Agree with what everyone has said. Sandy gave the opportunity for it to be turned back to marine commercial. It has been four years and it has not been developed. We have allowed other residential homes to be rebuilt in that area. This family has been there for 70 years. As of now I do not have a problem for this home being built. They are not going to leave the place and will probably pass this home to their children.
Schneider – This has been sitting there for 4 years. The people there have no intention of selling this; getting a safer aesthetic home.
DePolo – There are so many different parties involved in this area; cannot see them all selling to be developed marine commercial.
Crasper – Agrees with Mr. Davis – It has been 4 years and this woman is not back in her home yet. Foot print is the same – it is tough – raising her home. A two bedroom is small – if I was rebuilding I would want some additional space and she has been a resident a long time – in favor
Vice chair Reilly – Ideally I would like to see this area become marine commercial but I do not see much evidence that we are any way moving towards that goal. It has been many years since it has been zoned MC and if there was ever a time when there might be an effort to convert it it would have been now. I do not see that happening and they have been very patient. In favor

1. Below deck will be pervious material.

Motion by Mr. Spader, second by Mr. Reynolds to deny application #2016-36 of Gloria Focazio – 45 Inlet Drive – Block 175; Lot 23
In favor – Spader and Reynolds
Opposed – Kelly, Dixon, Schneider, DePolo and vice-chair Reilly
Motion denied
Motion by Mr. DePolo, second by Mr. Schneider to approve Application #2016-36 – Gloria Focazio – 45 Inlet Drive – Block 175; Lot 23 with conditions
In favor - Kelly, Dixon, Schneider, DePolo and vice-chair Reilly
Opposed – Spader and Reynolds
Application approved with conditions

Application #2016-31 – Marcy Gendel -225 Boardwalk -Applicant has deviated from approved pan (home already built) and add a deck to the rear of the new single family dwelling. Also the applicant would like to amend previous approval. Original approval on second floor was for storage, and they built a bedroom and bathroom.

Dan Popovitch, attorney for applicant stated that his applicant is requesting to finish the third floor storage area to convert to a bedroom. Also the applicant would like to build a deck in the rear the width of the home.
Ray Savacool reviewed what was previously approved and what is now being requested. The upper level had an approved living area, storage area and bathroom. The applicant would like an additional bathroom and bedroom on that level.
Marcy Gendel, applicant, sworn. James Burke, applicant’s builder, sworn, stated that the original application missed that a platform was needed for the a/c units and for the JCP & L meter reader. The applicant would like to continue that platform across the rear of the home. Marcy Gendel stated that she thought it would be better if the storage area was sheet rocked. She wants to make it nice and have her own area when she has company.
Mr. Davis asked for clarification on how many bathrooms in this home? (3) How many people live there? (Just the applicant).
Mr. Spader asked for clarification of the a/c platform and the deck. Mr. Dixon inquired if the a/c units were going on the south side. Applicant is not sure yet.
Dan Popovitch stated that he believes the deck would be more aesthetically pleasing. The building was stopped in March of 2016 when they realized the bedroom on the upper level was not approved.

Audience Questions/Comments

George Oslowski – representing neighbor, inquired if the a/c units could be sound proofed and relocated. It is 2 or 3 feet from the property line. Ray Savacool said that the unit is located 5 feet off the property line and that the new units are much quieter.
Shaina Quackenboss – 20 Brunswick Place – Took photos today. Introduced photos of rear deck – Exhibits N1 and N2. She said she had to pay to have her wires relocated because of the height of this home. N3, N4 and N5 entered depicting the wires.
Dan Popovitch gave closing statement
Dennis Galvin suggested bifurcating the vote do to the comments being made.
Mr. Spader - Fine with the deck
Mr. Kelly - Also fine with the deck.
Jay Reynolds – Would be fine with the deck. A/c to be moved off property line
Mr. Schnieder – Fine with the deck.
Mr.Dixon – Fine with the deck.
Mr DePolo – Fine with the deck
Ms. Crasper – Fine with the deck.

Motion by Mr. Reynolds, second by Mr. Dixon to approve the deck portion of application #2016-31 – Marcy Gendel 225 Boardwalk with conditions.
1. A/c Unit to be placed to the north of the stairs. As close to the center as possible without being under a window.

In favor – Spader, Kelly, Reynolds, Dixon, Schneider, DePolo and Reilly
Opposed – None
Deliberations of finishing storage space.

Mr. Davis – This is what happens when you try 10 gallons of water into a five gallon bucket. We allowed them to expand where there was no room to expand and then they want to use the space. Have heard no compelling argument to allow the expansion of use.
Mr. Spader - When something is presented to the board we expect them to build as presented. We have to look at this being turned into a rental property and take the density into consideration.
Mr. Kelly – We look to see if there is justification. JCP & L came in and need additional space. I would have never of approved this initially.
Mr. Reynolds – We are missing something here. I think we have been advised many times to look back at a case and ask if we would have approved this. I would not of.
Mr. Dixon – When you were in front of us the first time we had to go through many variances. I do not see the necessity to have more bedrooms. I do know that you have rented this home in the past.
Mr. Schneider – I do not see a hardship. Do not see the necessity to overrule the past decisions.
Mr. DePolo – Did not sit on original application but I do not see a hardship.
Ms. Crasper- I believe the home should be built as originally presented.
Vice-chair Reilly – We have to ask yourself the question what we would have done on the original application if you had asked for 4 bedrooms /3 baths – we would have not approved that.

Motion by Mr. Reynolds, second by Mr. Schneider to deny the remaining requests of application #2016-31 of Marcy Gendel – 225 Boardwalk.

In favor – Spader, Kelly, Reynolds, Dixon, Schneider, DePolo and Reilly
Opposed: None
Application denied

Meeting adjourned at 11:40 pm

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

Published December06, 2016 | Board of Adjustment Minutes | 2441

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