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September 7, 2017


September 7, 2017 BOA MINUTES

The September 7, 2017 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. Reynolds, vice chair Reilly, Mr. Schneider, Mr. Davis and Ms. Crasper
Absent – DePolo and Struncius

Memorialize minutes –
Motion by Mr. Reynolds, second by Mr. Dixon to memorialize the action and vote approving the July 26, 2017 minutes –
In favor - Kelly, Reynolds, Reilly, Dixon, Schneider and Davis
Opposed: None

Application #2017-12 – Carolina Carino – 305 Cooks Lane – Block 105; Lot 6 – Applicant has added a second driveway curb cut on Cooks Road. Only one curb cut is allowed per dwelling.
(Carino application carried from July 20, 2017 without notice)
Carolina Carino, applicant, sworn has submitted her garage plans and for your consideration of the second curb cut. Mr. Kelly stated that there really isn’t a curb to be cut, you are just looking for an official approval of the driveway that you have built already. (Yes)

Spader – Very practical thing – the garage was a surprise – In favor.
Kelly – Drove down Cook’s Lane today and it was difficult – it should probably only be a one way street. In favor
Reynolds – Much ado about nothing – there will no buildings across from there – not a big deal – in favor
Dixon – Unique situation – Just used for DPW – no problem
Schneider – Can be a hazard backing out on Cook’s Lane – looks good in favor
Davis – Questioned if the applicant will be back for a garage that might be living space? (Only if it does not conform) Biggest concern is safety – it does enhance the neighborhood.
Crasper - Makes sense for safety reason.
Reilly – Not entirely convinced – we are losing a parking space –

Motion by second by to approve application 2017-12 of Carolina Carino – 305 Cook’s Lane with conditions
In favor – Spader, Kelly, Reynolds, Dixon, Schneider, Davis and
Opposed: None
Application approved with conditions

Application #2017-28 – Maria Tirpak – 401 Carter Avenue – Block 13.03; Lot 1 - Applicant is looking to get the deed restriction removed to allow rental of both units.
Maria Tirpak applicant, sworn. John Jackson, attorney for applicant, stated that the applicant is looking to have the deed restriction lifted so both units can be rented. Maria Tirpak stated that the restriction is making it hard for her to sell her home. The applicant has moved to South Carolina. Exhibit A-3 – Google Earth photo John Jackson hopes that the board will lift the restriction. Maria Tirpak testified that she and her husband bought the property in 1995 – it was a two family built on a slab. They demolished that home and received a variance to build a two family flood compliant home. Maria Tirpak stated that the home is too much for her now since her husband died and she has moved to South Carolina to be close to her children. Maria Tirpak stated that the deed restriction is keeping her from selling the house. Dennis Galvin stated that only a court can lift the deed restriction. John Jackson believes that when you restrict rentals you are saying that renters are not as trustworthy as owners and they need to be watched. Mr. Spader stated that he believes it is over simplifying things - This is a single family zone and this could be one big house. Mr. Spader believes the board at the time believed an owner occupied unit would control the rental unit. Maria Tirpak stated that all interested parties want to be able to rent both units. Mr. Dixon commented that maybe lowering the selling price would help sell the house. Mr. Jackson feels no one should be able to regulate rental occupancy – renters are not less than owners. Maria Tirpak stated that there are other two family homes in the neighborhood. Mr. Schneider inquired if Mr. Jackson thought he was going to win the case in court no matter what the Board decides (Jackson - No) Mr. Davis inquired if they have the option to lift the deed restriction if they convert back to a single family dwelling? (Yes)
Audience questions/comments
John Kowalski- 408 Carter Avenue – understood there was good reason for the deed restriction and am not hearing a good reason to lift the restriction. Selling property is a personal thing – does not see the community benefit. Wants to keep it a nice residential area. If the applicant lowered the selling he believes the house would sell. Mr. .Jackson inquired if he has something against renters and John Kowalski declined to answer.
Joan Radoccio – 418 Carter Avenue – has rented and it was horrible – if you are not there watching them like a hawk things happen. Suggested the applicant makes the home a one family or mother daughter. John Jackson inquired if she liked renters – she replied she does not have a problem if someone is watching them. She believe that renters need supervision.
Palma Correnti – 403 Carter Avenue – Has been Maria’s neighbor for years – she is not opposed to tenants but summer renters are not here year round and it is different. Would be happy if it was converted back to year round. Carter Avenue is a wonderful family block. Has had problem before with renters next door.
James Nazemetz – 163 Ocean Avenue – Point Pleasant Beach does not want absentee landlords – believes the applicant should change it to a single family home,
Edwin Alsberg – 1604 East Street – Think Mr. Spader got very close to his issue – if this home got to be two rental units it’s very very likely that it will be on Air B & B – and there are problems with Air B & B rentals. John Jackson inquired if he had problems with this home before. (No)
Jill Jordan – 1614 East Street – Opposed to lifting the restriction – In support of it becoming a single family home. This is a question of stability and it being a revolving door. Does not believe that lifting a deed restriction should be a selling tool.
Sympathetic to the applicant’s situation – wants someone like the applicant to have the house to be part of the neighborhood.
Richard Di Bianco – 1616 East Street – Does not understand why the applicant built a two family home. Marie Tirpak replied that her finances are none of his concern. She had a two family home before Richard Bianco ever moved into the neighborhood.

John Jackson gave closing argument – believes rental restriction is inappropriate

Spader – Great respect for Board members and the decisions they made 18 years ago. Now the applicant wants it lifted and it could change the neighborhood.
Kelly – If you moved into the home tomorrow I would probably remove it but it cannot be guaranteed that the next owner will keep it nice like you did if rented. We take deed restrictions very seriously because someone had a reason to do that. There is a whole new concept going on with rentals.
Reynolds – Presented a good case and had some good points. The Board’s biggest reason for conditions are because we do not know who is coming in next. We have respect for previous Board members and their decisions.
Dixon - Stated that the neighbors have made a good case. Obviously they like the applicant but are concerned with future ownership. Believes if the applicant lowered the price she might get someone who would live there and rent the other side. Believes the restriction was put there for a reason to protect the neighborhood and town and has not heard anything to change that reasoning.
Schneider – The applicant did a great job building a beautiful home – it is a single family zone and the Board was generous in granting the new two-family in a SF5 zone. I have not seen that it will be an advantage to the community to lift the deed restriction.
Davis - In particular agreement with Mr. Spader with what the intent of the deed restriction was for. The deed restriction gives Point Pleasant Beach long term assurance of how the property will be maintained; it protects the intent of the zone.
Crasper – Sympathetic to the applicant’s situation but lifting the deed restriction does not provide community benefit. Believes there is someone out there that will be more than happy to buy the house they are just not here yet. Evident from the neighbors that there is nothing positive for them.
Reilly - This was a tough one – we have a woman that was a pillar of the community. Reading the original you can see that it was a compromise to help the applicant at the time – now you are back. Listening to the neighbors you can see this is something they do not approve of – you have to listen to them. Will have tough time voting in favor.
Motion by Mr. Davis, second by Mr. Schneider to deny application #2017-28 of Maria Tirpak – 401 Carter Avenue
In favor – Spader, Kelly, Reynolds, Dixon, Schneider, Davis and Reilly
Opposed: None
Application denied

Application # 2017-18 – Kim Campbell – 130 Randall Avenue – Block 129.02; Lot 17.01 – Applicant wishes to construct a new FEMA compliant single family dwelling.
Kim Campbell applicant, sworn. Patrick Lesbiolela, Professional Architect, sworn, credentials accepted. Kim Campbell stated that she bought this house as a two-family back in 2008. Have decided not to keep it a two family. Tenants and two family will not be an issue. Patrick Lesbiolela stated that the depth of the lot is only 88 feet. Exhibit A-3 aerial view of the property. Asking for a front yard setback of 16 feet, house is 2100 square feet. House meets building coverage it is the 10 by 30 deck that pushes it over to give them outdoor living space. Deck will be made from treks so the water can pass through and recharge into the stone ground underneath.
Audience questions/comments
James Nazemetz – 163 Ocean Avenue – At first I questioned the rear setback but since the applicant is using the space for a deck I would be OK with that.
Mr. Dixon questioned the 85% rule of the second floor –
John Cheasty – 121 Randall Avenue – so happy that it is not going to be a party house anymore.

1. Approval is subject to the Board’s review and approval of the revised plan at the time of the memorialization.

2. The existing curb cuts are to be replaced with a single curb cut.


Spader – Very satisfied with the plans; nice safe house and with the adjustments and conditions am in favor
Kelly – The Street has come a long way. It is 100% better than what it was. In favor
Reynolds – Have no problem with the application the way it was; getting a parking spot back- going from non-conforming to conforming – in favor
Dixon – FEMA compliant home – much better than what was there
Schneider – Big benefit going form two family to one.
Davis – Initially concerned – there are a few houses that are similar. Variances are certainly grantable – improvement to the neighborhood
Crasper – No issues with application – good luck
Reilly – Don’t have issues either – it will be in line with the other homes and be an improvement.
Motion by Mr. Reynolds, second by Mr. Kelly to approve Application # 2017-18 of Kim Campbell – 130 Randall Avenue – with conditions
In favor – Spader, Kelly, Reynolds, Dixon, Schneider, Davis and Reilly
Opposed: None

Application approved with conditions

Application #2017-30 – Frank/Nancy Florio - 211 Randall Avenue – Block 130; Lot 10 – Applicant wishes to lift existing two-family and detached single family dwelling and construct new decks.
John Jackson, attorney for applicant, stated that the applicant bought the property in 1995. They bought it and have operated it as a three (3) unit seasonal rental. The applicants are retired and they live here on Baltimore Avenue and rent this property for income. The property is immaculate but suffered damage in Sandy. The applicant is requesting a “D” variance to raise these structures and add decks. John Jackson opined that the Florio’s also have riparian rights which the survey does not reflect which improves the building coverage. Frank Florio, applicant, sworn, explained the layout of the units and how he looked for documentation to prove that the property he purchased in 1995 was a legal three family since 1975. Frank Florio bought it as a three family and the tax records list it as a three family – he never knew there might be a problem in the future if he wanted to improve the property. He has always rented it since he purchased it and never had a problem getting the rental C of O’s. Exhibit A – 6 entered – rental CO from 1995. A -7 entered – letter from DEP stating that he owns the property half way out along his dock. A – 8 – copy of deed that he received when he purchased the property in 1995 which describes his property rights which included riparian rights. (75 feet out into the water). Frank Florio believes that the improvements will make the property more aesthetically pleasing and safer. Frank Florio stated that most of the homes on Randall Avenue have rear decks and approximately 6 homes have full front yard decks and about 5 have half front yard decks. John Jackson stated that the shed will be removed. Lee Kelly inquired if there are three electric meters. (Yes)Frank Florio stated that the front unit has three (3(bedrooms, the second unit has two (2) bedrooms and the rear unit has one bedroom. The layouts of all the units will remain the same. Mr. Kelly inquired if the applicant knew that there would have to be a platform for access to the meters. (Yes)
Jeff J. Carr, Professional Planner/Engineer, sworn, credentials accepted, stated that he believes that this application is suitable to this area. Jeff Carr opined that most of the homes on Randall are on 25 foot wide lots and this lot is 50 by 160; there are three units on this lot and you cannot tell which one unit is one or three units. Jeff Carr believes that this property has operated like this for many years for all appearances it has been used this way. Ray Savacool referred to A-7 that indicates that since 1928 this property has had riparian rights to mean high water mark. Jeff Carr stated that technically this gives the property more square footage but not all of it is buildable but can be included in property calculations. The Building coverage percentage would be less if you include the riparian rights (24.6%) Dennis Galvin inquired what the percentage is decks. Ray Savacool stated it is 10.5% building coverage for the decks and stairs. Jay Reynolds commented that this style home needs a front deck or it would look strange. Mr. Reilly inquired if all the decks are open so that water can pass through and recharge. (Yes) Mr. Spader inquired if the driveway will remain gravel. (Yes) John Jackson stated that the applicant believes that painting the foundation blue would be adequate for this style home. Ray Savacool stated that he heard that it might be alight for the concrete to be painted? Mr. Spader is not a fan of painted concrete and he would prefer to see the siding brought down. John Jackson agreed that the siding will be brought down to conform the the ordinance.

Audience questions/comments – None

Mr. Spader – likes the off street parking – clarification on the driveway. In favor
Mr. Kelly – Quite impressed with the condition the property is in – the driveway is outstanding. I almost have a landlord living there with you being across the lake.
Mr. Reynolds – We all know the past 5 years have been a disaster – the rear yard would need a landing anyways – have heard some concern about the front deck but I do not think it is a problem.
Mr. Schneider - Well maintained property – it will be a little bit nicer – have issue with three rentals in single family zone but like the plans.

Mr. Davis – Concur with what has been said so far. The raising of these properties and the addition of the decks adds to the outdoor living space of the units and increases the desirability and dis an improvement to the zone.
Ms. Crasper – Do not have anything else to add other than taking parking off the street is always a good thing.
Vice-chair Reilly – Nothing to add
Motion by Mr. Spader, second by Mr. Reynolds to approve application #2017-30 of Frank/Nancy Florio - 211 Randall Avenue – Block 130; Lot 10
In favor: Spader, Kelly, Reynolds, Schneider, Davis, Crasper and Reilly
Opposed: None
Application approved with conditions

Meeting adjourned at 10:35pm

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

Published October23, 2017 | Board of Adjustment Minutes | 2678

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