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September 21, 2017

Minutes

September 21, 2017 BOA MINUTES

The September 21, 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. Reynolds, vice chair Reilly, Mr. Schneider, Mr. DePolo, Mr. Davis and Ms. Crasper

Absent – Struncius, Spader, Dixon and Kelly


Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the minutes of August 17, 2017

In favor: Schneider, Reynolds, Reilly, DePolo and Crasper
Opposed: None

Memorialize Resolutions

Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving 2017-16 of William/Sylvie Fairclough – 30 Niblick – with conditions
In favor: Reynolds, Schneider, DePolo and Reilly
Opposed: None

Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving 2017-17 – Marc/April Bamonte – 6.5 Beachcomber – with conditions
In favor: Reynolds, Schneider and DePolo
Opposed: None

Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving 2017-21 – Ron/Wendi Reid – 154 Baltimore – with conditions
In favor: Reynolds, Schneider, DePolo and Reilly
Opposed: None

Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving 2017-24 – Charles Groeschke – 313F Curtis – with conditions

In favor: Reynolds, Schneider and DePolo
Opposed: None

Motion by Mr. Reynolds, second by Mr. Davis to memorialize the action and vote approving application #2017-32 of Morcat LLC – 500 Trenton Avenue with conditions
In favor: Schneider, Reynolds, Reilly, DePolo and Davis
Opposed: None

Application #2017-20 – James/Linda Diorio – 211 Baltimore Avenue – Block 133/ Lot 2.01 – Applicant wishes to lift existing single family dwelling and add a small addition with second story above which will require 3 variances including 37.3% Building coverage where 30% is permitted.

John Jackson, attorney for applicant, stated that the applicant is envisioning moving here full time in the next 6 to 7 years. The dwelling is going to be lifted and proposing covered front porch and rear deck which is an aesthetic improvement.

Mary Hearn,sworn,Professional architect, credentials accepted, gave an overview of the property. Exhibit A-3 – photo board entered of existing conditions – photos were taken yesterday. Exhibit A – 4 colorized site plan entered.
Base Flood elevation is 10 feet – proposing to lift to 13 feet. Rear deck will be open and allow for recharge proposed front porch is 3.3% bldg. coverage and the rear shed is being removed. The stairs in the front are wide for aesthetic purpose. Porch is 7 feet wide but it could be 6 feet wide but would limit functionality. Footings will be replaced and use existing foundation walls. Rear deck is proposed at 12 feet by 18 feet; existing deck is 12 by 13 feet. Applicant is hoping to build a deck that they could move the grill onto; it would help to not have to go up and down the stairs to use the grill. Impervious coverage is presently 47% and we are getting it down to 41.3% by removing the shed, concrete pad and walk. Mary Hearn stated that the average front yard setback on the block is 18.3 feet. Rear deck will be reduced to 11 feet by 18 feet. Mr. Davis commented that he sees that all sidewalks and driveway have been changed to pavers.

Audience questions/comments
None

Deliberations

Schneider – I think it is an excellent design and improvement to the area – do not like the stairs being so close to the sidewalk

Reynolds – Also think that it is a nice design; like the front porch. Characteristic of the town are changing and the stairs are getting closer to the street.

DePolo – Agree with everyone else – I like that concessions were made and everything is being brought up to code – overage is decks and stairs

Davis – Modifications make the house look like it was always here – I think it will be an example for what is going to occur on that street as more houses are lifted. I do believe that volume of the front porch is important as a usable outer space. We are decreasing impervious coverage.

Crasper – Agree with the rest of the board – like the lattice in the foundation
Reilly – Very happy to see the improvements – I think given the design it is not excessive

Conditions

1. Home is to be construction as depicted in exhibit A – 6
2. Plan is to be revised to reduce the depth of the rear deck by one (1) foot.
3. Applicant agreed to limit their impervious coverage to 41.3%.

Motion by Mr. Schneider, second by Mr. Davis to approve application #2017-20 of James/Linda Diorio – 211 Baltimore Avenue with conditions
In favor: Schneider, Reynolds, DePolo, Davis and Crasper
Opposed: None
Application approved with conditions


Application #2017-25 – John/Judith Gibson – 5 Hayes Court – Block 121/Lot 10.03 – Applicant wishes to demolish existing single family dwelling and build new FEMA compliant single family dwelling which will require 4 variances one which is for 2 stories where 1 ½ is permitted.
Vice-Chair Reilly has recused himself from the Gibson application.
Motion by Mr. Schneider, second by Mr. Davis to nominate Mr. Reynolds as acting chairman for the Gibson application
In favor: Schneider, Reynolds, DePolo, Davis and Crasper
Opposed: None
Mr. Reynolds is now acting Chair
Mr. Jackson, attorney for applicant, reviewed application, stated that they would like to demolish existing house and build a new FEMA compliant structure. The home will require a front yard setback variance. Variance is also needed for second story. Ken Kweicinski, Professional architect, sworn, credentials accepted, gave an overview of the application. Objective was to make something flood and code compliant. We will be reducing the building and impervious coverage with keeping the bungalow feel. There is a rear dormer to break up the roof line, there will be stone on the foundation. House will be set at elevation 12. Proposed home will have three (3) bedrooms. There is an entry porch and outdoor shower. This home is located on a easement walk way; there is not a street. Ray Savacool clarified that the bottom stair encroaches the front yard setback. Exhibit A – 3 colored rendering A – 4 Photos Exhibit A – 5 Exhibit A – 6 entered – Easement survey Mr. Davis inquired about the utility pole right in the rear of the house; not sure what the requirements are for distance and commented that if the dormer was eliminated it would solve the storage room problem. Ken Kweicinski stated that the windows can be removed. Mr. Davis commented that someone is going to make a bedroom out of that space.

John Gibson, applicant sworn, stated that he has owned the property since 1998 and that he utilizes the property as a second home. He reviewed his plans and how it fits into the character of the area.

Audience questions/comments
Margaret Windrem, 143 Boardwalk (top of Hayes Court) – Have known the Gibson’s for a decade and they are a very nice family. Their home is tiny and thinks what they are doing will be an improvement to the court. They are mostly owner occupied – very friendly and they have block parties. It is a beachy looking house and bungalowish. Also likes the dormer in the rear; believes in they removed windows it would look awkward.
John Golden – 9 Hayes Court – Owns a two-story home – lives here full time – also has a dormer in the back and has no problem with the utility pole. Believes the home will fit in nicely.
Clare Golden – 9 Hayes Court – We are about 15 houses and only 4 rent – would welcome another full time neighbor. Believes we have a very cooperative neighborhood. This house couldn’t fit in any better – the layout is very nice considering the amount of space they have.
James Gaffney – 13 Hayes Court – one story home with basement – purchased after the storm – the group got together to replace the sidewalk – this house works into the environment nicely. It would be impractical for them to turn the storage space into a bedroom because there isn’t anywhere else to put things.
Catharine Maynard – 15 Hayes Court – owns two story home – happy to see them improving their home and am here to support them.

Deliberations
Schneider – Think what we found is that the whole area is changing – well designed house for the area. Some of the neighbors have larger houses. Lots are so small – getting safety upgrade
DePolo - Likes the design of the house – sounds like Hayes Court is Shangri-La – great that the neighbors came out to support them. In support
Davis – Does not believe there is any way that the town could enforce a deed restriction. Echo what has been said – likes the design – very nice that the originality is carried forward on the court – beautiful design – our mission is protection of the bungalow zone which is changing. This is very attractive but getting to the limit of what we can allow there. Happy we are moving the Home in compliance with the rear yard setback. In favor
Crasper – Personally would like to live on Hayes Court – thinks it is great that you all support each other – thinks it fits in with the other home and wishes the applicant well
Reynolds - First thought was wow the public is learning – setbacks were corrected – getting a FEMA compliant safe home that is not boxy. Well designed, well thought out house. In favor

Motion by Mr. Schneider, second by Mr. DePolo to approve application #2017-25 of John/Judith Gibson – 5 Hayes Court
In favor – Schneider, DePolo, Davis, Crasper and Reynolds
Opposed: None
Application approved with conditions


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


Published October23, 2017 | Board of Adjustment Minutes | 2679


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