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October 19, 2017


October 19, 2017 BOA MINUTES

The October 19, 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. Kelly, Mr. Reynolds, vice chair Reilly, Chairman Struncius, Mr. Dixon, Mr. DePolo, Mr. Davis and Ms. Crasper

Absent – Mr. Spader and Mr. Schneider

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the minutes of September 7, 2017
In favor: Kelly, Reynolds, Reilly and Crasper
Opposed: None

Motion by Mr. Davis, second by vice chair Reilly to memorialize the minutes of
September 21, 2017

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

Motion by vice-chair Reilly, second by Mr. Davis to memorialize the action and vote approving application #2017-18 of Kimberly Campbell, 130 Randall Avenue with conditions.

In favor: Kelly, Reynolds, Dixon, Davis and Reilly

Opposed: None

Motion by Mr. Reynolds, second by vice-chair Reilly to memorialize the action and vote approving application 2017-20 of James/Linda Diorio at 211 Baltimore Avenue with conditions.

In favor: Reynolds, DePolo, Davis, Crasper and Reilly

Opposed: None

Motion by Mr. Davis, second by Mr. Reynolds to memorialize the action and vote approving application #2017-25 of Judy/John Gibson at 5 Hayes Court with conditions

In favor: Reynolds, DePolo, Davis and Crasper
Opposed: None

Motion by Vice-chair Reilly, second by Mr. Reynolds to memorialize the action and vote approving application #2017-12 of Carolina Carino at 305 Cook’s Lane with conditions

In favor: Kelly, Reynolds, Davis, Crasper and Reilly

Opposed: None

Letter request from Last Wave for extension of hours -
Last Wave applicants are requesting to extend their operating hours till 9pm Thursday through Sunday.

Mr. DePolo stated that he contacted the Police Chief and the Chief commented that it has been a class act business and does not see a problem with the additional hours.
Motion by Mr. Reilly, second by Mr. Reynolds to approve the letter request of Last Wave Brewery for additional business hours.

In favor: Kelly, Reynolds, Reilly, Dixon, Davis and Struncius

Opposed: None

Request approved

Application #2017-35 – Dean/Lisa Esposito – 401 Washington Avenue – Block 24; Lot 1 – Applicant wishes to build a new FEMA compliant single family home with in-ground swimming pool – Corner lot – requesting two front yard setback variances.
Joseph Guarino, attorney for applicant, reviewed application and the need for variances. Dean Esposito, sworn, stated that he is a graduate of Point Pleasant Beach High School and just recently sold his home on River Avenue; they wish to have a larger home for their growing family and he believes that Washington Avenue is a great location. Dean Esposito explained that for safety reasons he would like to extend the 6 foot rear fence past the covered porch which provide security and privacy. Dean Esposito commented that the home is in line with the homes on Washington Avenue. Exhibit marked as A3 – photos (6) Dean Esposito reviewed the photos. Exhibit A-4 – Photo of a 20 foot wide home taken off internet.

Vivian Drozd, property owner 1203 St. Louis Avenue – inquired what the total square footage of living space is. (Approximately 3,000 square feet) Inquired if curb cut will be moved to Washington (Yes) Inquired what the pool size is. (10 feet by 16 feet) Inquired about fence height next to her property. (6 foot) Vivian Drozd is concerned about being able to see when backing out of her driveway. The attorney stated that the home is compliant where site triangles are concerned.

Mark Nemergut, Professional Architect, credentials accepted, described proposed project and reviewed Engineering comments. Chairman Struncius inquired why the pool is so small. (To leave some green space) Mr. Davis inquired if the cupola will be lighted (No, it will just allow natural light into the staircase. Chairman Struncius requested that a landscaping plan be submitted for Engineer review.

Vivian Drozd, 1203 St. Louis, sworn – Inquired again about square footage (3,000 square feet). Very concerned about the length of the home.

1. Landscaping plan to be submitted for approval.
2. Atrium area cannot be used for living space.
3. Cupola cannot be lit.
4. Existing curb cut on St. Louis is to be removed.


Reynolds – Sees fence as safety issue. Diminimus amount is being extended into the side yard. It is a beautiful home and it is a corner lot.

Reilly – It is a beautiful design. Not quite as concerned about the site line issues – seems that the homework has been done – thinks they are in good shape all the way around. Have no problem with the application.

Dixon – Fence is needed for safety – 6 foot is needed if you have small children. House is a nice design – it is a larger house but that is what people are building and you have 5 people in your family. Have no problem with the application.

DePolo - With the risk of repeating what everyone said – I understand pulling the fence forward – it makes sense - it is a nice house – I understand what the neighbor is saying but she will have to be careful. The house fits in with the neighborhood. Moving to approve it.

Davis – With respect to the variances I found the front steps encroachment to be diminimus as well. It has a diminimus foot print for a home of this size. I think as it is proposed it works quite well.

Crasper – Front yard is two steps – do not think that is a big issue. The fence needs to be brought to the home. Beautiful home – in favor

Motion by Mr. Reynolds, second by vice chair Reilly to approve application #2017-35 of Dean/ Lisa Esposito 401 Washington Avenue with conditions

In favor: Reynolds, Reilly, Dixon, DePolo, Davis, Crasper and Struncius
Opposed: None

Application approved with conditions

Application #2017-11 – Thomas S/Thomas C Abraham – 1208 Ocean Avenue – Block 28.01 – Applicant wishes to demolish existing single family dwelling and construct a new FEMA compliant single family dwelling requiring two front yard setback variances and building coverage variance.

Mike Rubino, attorney for applicant, stated that the applicant could not be present tonight due to business matters and sends his apology. Brian Keller, applicant’s builder is here to answer any questions.

Robert Kuhn, with Najarian Associates, Professional Engineer, sworn, testified that the height of the house will 44 ½ feet at ridge which complies. The lot has an irregular shape; the applicant proposes to put the home closer to Ocean Avenue. 15.1 setback is proposed where 25 feet is required. On Washington the setback is 22.5 where 25 feet is required and the rear yard is 22.8 is provided where 30 feet is required.

Brian Keller, applicant’s builder, sworn, stated that he designs the homes with his clients based on their needs and then they take it to the architect. He reviewed the building plan.

Mr. Reynolds inquired what the need was for the spiral staircase. Brian Keller explained that the home is reversed living and this was they could come home from the beach and go up the staircase right into that space.
Audience questions

Chris Kazior, 1206 Ocean Avenue – questioned the setback near his home and the window and there location. Also questioned where the Air conditioners will be (located in rear of property). Concerned about the site triangle and backing out of his driveway. Ray Savacool does not believe that the house as proposed will not affect the site triangle. Questioned the amount of parking spaces (2 spaces proposed - 3 are required by RSIS).

Mr. Dixon commented that there are three setback variances on new construction; he said the house is 55 feet long – that is a long house. Mr. Dixon said there are rules for a reason and he believes the applicant needs to meet some of the setbacks.

Audience comments

Chris Kazior, sworn – Believes this is too much house for this lot.
Mike Rubino gave closing argument


Kelly – This is an awful big house. Knows it is difficult to deal with this size lot but right now there is a smaller house there.

Reynolds – Nice design – beautiful home but not sure it fits on this lot. Small home when property was purchased and believes a lot more could have been done to make it fit better. Going to listen to other board members but feels like a lot on the property. Previous testimony was that this house is for their family; it is not the primary residence.

Reilly – Coverage is only 31% but worried about the gentlemen next door – a little bit on the edge

Dixon – Nice looking home but the job of this board is to get rid of non-conformities would like to see some type of setback conform. This home is too big.

Struncius - There are three setbacks on new construction

DePolo – Are they going to come in and also ask for a variance for the ocean front home also. His concern is with the 3 setbacks. There are more variance on this application then I have seen before. On the fence also

Davis – Board is quite familiar with hardships on corner lots. We have multiple variances that are not necessarily associated with a corner lot and do not feel supportive of this application.

Crasper – Feels some of the variances would be eliminated if the house was just scaled down a little bit. The house is too big; it is being built from scratch – not in favor
Struncius – Does not believe that there is a benefit to the zone – this also goes into the rear setback.

Motion by vice chair Reilly, second by Mr. Davis to deny application #2017-11 – Thomas S/Thomas C Abraham – 1208 Ocean Avenue – Block 28.01
In favor – Kelly, Reynolds, Reilly, Dixon, DePolo, Davis and Struncius
Opposed: None
Application denied

Application #2017-22 – Ocean Avenue Partners – 149 Ocean Avenue – Block 149; Lot 25 – Applicants wish to demolish two existing single family dwelling units and create off street parking.

John Jackson, attorney for applicant, stated that this concept is a remote driveway. They have bought this lot which host two non-conforming structures on one lot. A-3 photos entered. This is an undersized lot and the bungalows that are there can be raised but they seek an approval for allowing parking for just two homes. They will be reducing intensity of use; the parking demand for those existing units goes away. We believe that property suits the proposed use; this will not be a commercial use. The client is here all year round. Instead of having renters it will just be cars parked. It will be a substantial safety improvement. The homes that exist almost touch each other. The parking lot will have a gravel surface and will agree to the condition that it will just be for the two residential homes. The only time cars will be stacked would be 4th of July. John Jackson stated that they will stipulate down the road if anyone sells that they must reside in the 4th district and that only the members of the LLC and their guest may park in the lot. There will be no daily rentals and there are only two families in the LLC. John Jackson also stated that the Council has already approved a single curb cut.

Robert Burdick, Professional Engineer/Planner, sworn, stated that this project is for the removal of two single family dwellings on one lot to provide parking for an LLC which consist of two families. Spaces will be stacked and the applicant will have to coordinate the movement of cars just like when you juggle cars in your driveway with your teenagers. Mr. Reynolds questioned being able to turn into the lot through the rear easement off of Harvard. Robert Burdick replied that they can but it is difficult. Robert Burdick commented that the existing structures are storm damaged and would require extensive improvements. The width of the lot is 23 ½ feet wide and there is not any property to be purchased. Existing homes violate all setbacks. The site as is 65% impervious; all impervious coverage would be removed and he believes the proposed use is well suited for this zone. Believes there is a benefit to opening up this space for emergency access; a new conforming home would be very narrow and very long. This lot would be very difficult to develop and would need bulk variances. The owner would be able to go in there and raise the existing houses and rent them. Owners and guest will be within 500 feet of this property; believes this project will reduce the parking demand – this is a significant advantage of this proposal and is in compliance with the Boroughs Master Plan. Disadvantage of this plan is that we would be losing one parking space on the street, there may be additional noise with the vehicles coming in and out of the lot. We believe the proposed use will be a less intense use of the property; the advantages of the project are numerous. The surrounding fence will be reduced to 4 feet; additional driveway apron will be added to reduce the gravel spreading. Ray Savacool questioned cramming 10 cars in the lot and how the cars will exit; Robert Burdick replied that it would be difficult to maneuver but it can be done. Ray Savacool stated that the Board’s consideration is the neighbor’s and the inconvenience to have the cars jockeyed around. The applicant will accept a maximum of 8 cars to be parked. Chairman Struncius believes the access on Harvard should be fenced in to stop someone from being tempted to utilize it.

Mr. Davis inquired how egress and ingress going to be controlled (by signage). John Jackson agreed to have a gate if requested. Mr. Kelly inquired if spaces would be designated. (No – gravel lot).

Audience questions

Robert Dixon, 147 Ocean Avenue – Questioned the cars being double parked and when they need to move a car it will create havoc. Questioned where the fence will be (on property line). Also wanted know how they already got approval for the driveway because now it will be one foot from his driveway and a car that parks there will be over in his driveway. Does not see how they ca do it.

Jim Gearhart, 5 Harvard Avenue – Now you are saying it will be 4 foot fence so all the cars coming in from Ocean Avenue will have their headlights coming in my bedroom windows.

Johanna Pachiuto, 122A Randall Avenue – Question is will there be any overhead lights (No).

Motion by Mr. Reynolds, second by vice chair Reilly to carry application #2017-22 of Ocean Avenue Partners to January 18, 2018

In favor: Kelly, Reynolds, Reilly, DePolo, Davis, Crasper and Struncius

Opposed: None
Application carried to January 18, 2018

Meeting adjourned at 10:35pm

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

Published December28, 2017 | Board of Adjustment Minutes | 2718

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