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October 26, 2017

Special Meeting

October 26, 2017 BOA MINUTES

Special Meeting

The October 26, 2017 special 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. Schneider, Mr. Reynolds, Chairman Struncius, Mr. Dixon, Mr. Davis and Ms. Crasper

Absent – Mr. Spader, Mr. Reilly and Mr. DePolo

Ms. Crasper has listened to the audio from July 26, 2017 and signed a certification so she may vote at tonight’s proceedings.

John Paul Doyle, attorney for applicant, stated that there is no mystery to this application. Question is what has happened since then – a new proposal is in front of you. What is in front of you is the comparison of what was approved and what is proposed. Windows on west side of Unit 7 have been removed. We hope that this comes to a resolution that allows the structure to become modernized and safer.

Mr. Jackson, attorney represents two of the neighbors and address’s the merits of the application. We believe that the original plan from John Amelchenko is appropriate for this location and believes the new plans increase the intensity.

Salvatore W. Santoro, Professional Architect, previously sworn. Exhibit A-15 entered – Comparison elevations. Sal Santoro reviewed changes – 2nd and 3rd floor deck – expanded decks. An additional egress was added – to do this interior space was moved around. Basement had to be filled in according to FEMA regulations. Added storage space off of Unit 6. Reviewed all exterior changes. Salvatore Santoro believes the present proposal opposed to the previous proposal gives a more open feel. The internal changes were made to make the units more functional.

Chairman Struncius questioned why there is so much decking and wrapping by unit 6 – believes that much decking is not neighbor friendly. Chairman Struncius believes that two decks at that height is too much. Chairman Struncius stated that the original porches approved in 2007 fit maybe 2 to 3 people. Mr. Reynolds inquired if they ever thought of just getting rid of Unit 7. (No) Mr. Kelly stated that unit 7 was only 20 feet high in 2007.

Audience questions
John Jackson questioned if Sal Santoro believed that his plans were bulkier than the 2007 plans. (Yes – with addition of 2nd floor on unit 7 and additional decks). John Doyle inquired if the decks are at the same level of the previously approved porches. (Yes)John Doyle commented that Unit 7 was raised to allow for lost storage underneath. John Jackson clarified that Unit 7 storage was to replace storage lost under the other building? John Jackson asked Salvatore Santoro if he had been in the other basement. (No)

John Campbell, attorney, 1313 Ocean Avenue - Inquired if the structure has a sprinkler system. (No)

Joe Lipman – 112 Washington Avenue – I have been walking by the inn for 5 years - they snuck a whole house in there. I have called the town about kids sneaking in the house – it is an eye sore. He inquired if building 7 was built to be a separate house. (No) Inquired about the beautiful decks that are on the house now. Wants to know how soon it would take to complete (1 year)

Anthony Maltese, Professional Engineer, previously sworn reviewed the new plans and the engineer’s letter.
Exhibit A 16 entered – comparison of each unit size
Mr. Reynolds questioned if Unit 7 was eliminated would you meet the setback. (Yes) If unit 7 was eliminated wouldn’t it make it easier to exit the property? (Yes) Anthony Maltese stated that the condensers are all going to be closed in now. John Jackson does not believe that a second egress is really required – it is not aesthetically appealing with all those outside stairways.

John Campbell – Ocean Avenue– inquired if the outside staircases are permanent – (Yes)

Anthony Maltese stated that there is a requirement from the municipality to provide a second egress from Mike Gardner on the plan the review. Plan review Entered as A17.
Gary Stetz, applicant, sworn stated that he is one of the applicants of 1031 Ocean LLC – Thank the Board for their time in this matter. The applicant stated that he just wants to take what is there and make it compliant. He took everyone’s prior concerns and made those adjustments and said that no one is trying to take advantage of the situation. He is willing to drop the height of unit 7 to the minimum height. Gary Stetz said that unit 6 will be his unit. He is willing to remove all the decking and go with the porches that were approved on the 2007 plans. Mr. Dixon said that his concerns are the massing and the large decks. Mr. Davis inquired if he as the applicant would consider eliminating unit 7. (No) Anthony Maltese stated that he talked to the neighbor at the end of the last meeting and the neighbor was concerned with the west windows so they removed them, and she was concerned with towels being hung out on the porch so he said it would have that restriction written into the condo documentation. Mr. Reynolds is concerned that unit 7 was completely demolished, rebuilt and expanded. Mr. Jackson stated that was rebuilt has no resemblance to what was there so he believes they abandoned the original approval. John Doyle does not believe that it was abandoned, they applied for a permit and received it. John Jackson questioned the applicant. Gary Stetz stated that originally he wanted to remove the structures and build 6 townhomes but when he saw how upset the neighbors were he withdrew the application. Gary Stetz said he sits on the board of a bank and he follows rules, he did not realize that he would have to rebuild what was there. Everything he is trying to do is based on government regulations.

John Jackson inquired if the applicant was building out the John Amelchenko design – no, he was building a hybrid to conform to FEMA. John Doyle objected that we are getting past what is relevant at this point. Dennis Galvin instructed the board to just consider the variance that is presented at this time and not consider what might have previously happened before the application.

Christine Ann Mazzaro Cofone, 125 Half Mile Road, Red Bank, NJ, - Professional Planner, sworn, familiar with application and changes. Christine Cofone believes the proposed use is a less intensive use than previously proposed use. She referred to Exhibit 16 to the second box which is total number of bedrooms which has decreased. Two units have increased in square footage. Reducing habitable space by 150 square feet. The decks have substantially been increased. Biggest area of expansion was third floor deck and Gary Stetz has agreed to reduce it. Believes to raise unit 7 slightly is a better zoning alternative. This is an area of the Borough that has a mix of uses. Referenced goals to the 2015 Master Plan review. The applicant has given a proffer of reducing third story deck, reducing bedrooms and bathrooms. Believes that this is now a diminimus variance and promotes the general welfare of the Master Plan. Aesthetics and getting the building out of the flood area outweighs any negative criteria. Challenged from a Planning point of view to find any negative criteria. John Jackson questioned the Planner. Christine Cofone agreed that this is an expansion of a pre-exiting (D2) non-conforming use.

Motion by Mr. Davis, second by Mr. Schneider to carry application #2017-19 of 1031 Seashore LLC, 1301 Ocean Avenue to January 24, 2018 without notice.

In favor: Kelly, Schneider, Reynolds, Dixon, Davis, Crasper and

Opposed: None
Application carried without notice

Meeting adjourned at 11:20pm

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

Published January22, 2018 | Board of Adjustment Minutes | 2734

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