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September 6, 2017

Minutes

September 6, 2017 PB minutes

The September 6, 2017 Regular meeting of the Point Pleasant Beach Planning Board opened at 7:00 pm. The Clerk read the notice of compliance with the "Open Public Meetings Act. Present were Board members: Mr. Ritchings, Mr. Tighe, Vice-Chair Russell, Mr. Babbini, Mr. Gant and Ms. Villani
Absent: Chairman Ammirata and Councilman Migut

Also present Chris Reid, attorney, Ray Savacool, Engineer and Karen Mills, Clerk

Court Reporter – Denise Sweet

Motion by Mr. Babbini, second by Mr. Tighe to memorialize the minutes of August 2, 2017
In favor – Tighe, Russell, Gant, Babbini and Villani
Opposed: None

Public hearing

Public meeting regarding the Open Space and Recreation Plan Update for Point Pleasant Beach

Ray Savacool explained that the plan needs to be reviewed every 10 years. We do sometimes receive Green Acre funding which DEP requires updating the plan to receive funding. She stated the goals of the plan are to promote public access and visual access to open space areas (Beaches and water ways). To promote preservation and conservation of Open space and preserve the Boroughs limited Historic sites.
Kristine Bell from T & M reviewed the updates to the Open Space and Recreation Plan update.
Kristine Bell stated that the Open Space committee met a couple times – not much changed but they tweaked a few items.
1. They agreed that top priority was preserving the public’s access to the beach because most of the beach front is privately owned.
2. Waterfront access to Lake Louise
3. Waterfront access to Manasquan River
4. Potential Boardwalk and walk way expansions
5. Park expansions
6. Resource assessment
7. Improved amenities for walking and biking
8. Federal, State and County Open Space protection
9. Inter-jurisdictional environmental protection
10. Vacant land conservation
11. Charitable remainder trust exploration
12. Proposed Rosi properties
The Open Space Committee recommends the Borough place the following property on the Rosi
1. 1 Ocean Avenue – Bathrooms and benches located across from the inlet
The Open Space Committee decided to remove as action items
1. The neighborhood pocket parks - they felt that the existing pocket parks are under-utilized.
2. Indoor recreation facilities – Population has decreased and there is not a demand.
There were no members of the audience present to comment.

Motion by Mr. Ritchings, second by Mr. Gant to approve Open Space and Recreation Update
In favor- Ritchings, Tighe, Babbini, Gant, Villani and Russell
Opposed: None
Update approved
Application #2017-400 – Bulldog Beach LLC/Brian Boyle – 141 Boardwalk – Block 121; Lot 2.08; Zone – RR – 1 – Applicant wishes to subdivide property so that each lot will have one principal structure – variances required.
(Carried without notice from the August 2, 2017 meeting)
Pete Ritchings has listened to the Audio from the August 2, 2017 meeting and has signed a certification affidavit and is ready to proceed with this matter.
Dennis Cantoli, attorney is here to represent the neighbor as an objector. John Jackson, applicant’s attorney, stated that this applicant’s deed does state that there is a restriction to the renting of the second house. That issue is not in front of the board – they are strictly here for the subdivision. Entered the 1992 resolution into evidence. John Jackson reviewed the testimony from the previous meeting and commented that the property line has corrected.
Syed Hasain, applicant’s engineer reviewed the corrected plat. Homes were just elevated, they were never moved. John Jackson stated that the applicant will provide an easement for the rear lot to the beach and will agree to that as a condition. There are two encroachments – the new deck encroaches on the easement of neighboring lot. Exhibit – A-11 revised subdivision map highlighted Exhibits A – 12 (Photos) entered–

Brian Boyle, applicant, sworn testified that that the property has an LLC ownership which includes him and his wife. Brian Boyle explained why lot 2.10 is 100% impervious.
Ray Savacool commented that the Board should hear the proofs to justify the variances. John Jackson stated that by subdividing the lots you are eliminating the “D” variance. The applicant is allowed to lift the structures to comply with FEMA which creates some variances due to the fact that now more stairs are required. The structures are now safer, they supply adequate open air and space. Syed Hasain stated that there is enough lot area for two houses so it meets the appropriate population density as required by the MLUL. It provides enhanced aesthetic improvement and improves safety. Sid Hussain believes that the variances can be granted without any detriment to the surrounding community. .
Exhibit N1 – entered – photos - Dennis Cantoli stated that he took the photos today, and stated that the neighbor objects to the encroachment of the deck. Dennis Cantoli questioned that isn’t it a negative to impede the site line of lot 2.07. (No) Mr. Hussain believes that lot 2.07 still has a view because the deck is only 4 feet off the ground. The neighbor can look towards the south not towards the home – he still has a partial view. Craig Alsdorf, applicant’s builder, sworn, stated that the home was in disrepair, he reviewed the lifting and construction process and commented how difficult it would be to pull the deck back. The shower can be removed but it is nice when you live by the ocean to have the outside shower. Dennis Cantoli inquired if he had his client’s permission to remove the walkway (yes) and also inquired why it has not been replaced. Craig Alsdorf stated that he is waiting for the owner to make a decision. Dennis Cantoli stated that the owner had promised the neighbor to replace the easement walkway prior to the summer. Craig Alsdorf said he works for Brian Boyle and he has not yet directed him to replace it. Dennis Cantoli inquired if he raised the original deck. (No- built a new one). Dennis Cantoli then said that you could have built a deck on the ground and had stairs coming out of the home down to the deck. (Yes)
Ray Savacool inquired how the homes are served by the utilities. Craig Alsdorf reviewed the installation and meter placement. Ray inquired where the down spouts terminate – (underground drywell)

Dennis Cantoli questioned Brian Boyle as to why the easement walk way has not been reinstalled. Brian Boyle explained that it was utilized as a staging area for construction but stated that he will have it replaced by October 2017. The neighbor has concerns about all the security cameras. Brian Boyle stated he will make sure they are not point at lot 2.07. Chris Reid, acting Board attorney explained that lot 2.07 is the dominant tenant of the easement and it the one who chooses the material and color of the easement and that it is not a public easement. Mr. Gant questioned if there is anything that prohibits the board from shifting the easement over. Chris Reid explained that as long as the easement is not frustrated it can be shifted over four (4) inches and he does not believe that it would lessen the utility of the easement and he believes the rights of the dominant tenants would be persevered. Dennis
Cantoli stated that the Board does not has jurisdiction to move the easement. Vice Chair Russell is concerned that anyone walking down the easement who is not paying attention can hit their head on the deck. Dennis Cantoli stated that his applicant has nothing against the subdivision – he is upset that the easement walkway has not been replaced as promised by applicant and he is upset over the loss of his view.
Chris Filos, neighbor, sworn, stated that he is a good neighbor and when the applicant inquired if it was okay to remove the brand new walkway that he installed he agreed as long as a new walkway was installed by the summer – the applicant is only down a few weeks in the summer where he lives here all year long. The walk way that was removed was paid for by him and now the applicant says that his wife wants a different color. Chris Filos want a walkway installed that is the same as the one removed. It is determined now by the attorney that Chris Filos is the dominant tenant of the walkway and that he gets to choose the color.

Deliberations
Ritchings – In favor of the subdivision – If this was being proposed from a blank slate I would have a lot of objections – we are eliminating a pre-existing non-conformity -
Tighe – Should look just the subdivision – encroachment is for a court to decide
Babbini – Believes the applicant should have worked more with the neighbor – agrees with other board members
Russell – We are looking at two homes for two lots – basically what I think this is all about is clearing up some planning issues – I am in favor of that.
Gant – also in favor – both structures stayed in existing footprint – deck is not a permanent structure – it can be taken off, has no bearing on the subdivision.
Villani – also in favor of the subdivision – hopes that the neighbors can work it out.
Motion by Mr. Ritchings second by Mr. Tighe to approve the minor subdivision of 141 Boardwalk with conditions

In favor – Ritchings, Tighe, Babbini, Gant, Villani and Russell

Opposed: None

Application approved with conditions

Conditions

1. The construction plans for the walkway on the 5 foot wide beach access easement located on proposed lot 2.09 benefitting lot 2.07 shall be reviewed and approved by Christopher Filos, owner of lot 2.07 prior to construction of same.
2. The construction of the walkway shall be completed before October 15, 2017.
3. Mr. Jackson shall prepare an easement agreement granting proposed lot 2.10 beach access across proposed lot 2.09 and granting proposed lot 2.09 access to Danby Place across proposed lot 2.10.
4. A utility easement shall be provided on proposed lot 2.10 to the benefit of lot 2.07.
5. The existing security cameras shall be removed and replaced with “fixed” lens cameras.
6. The applicant shall be bound by all exhibits introduced, all representations made, and all testimony given before the Board at the meetings on August 2, 2017 and September 6, 2017.

Meeting adjourned at 9:43pm

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


Published October05, 2017 | Planning Board Minutes | 2670


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