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December 6, 2007

MINUTES

The December 6, 2007 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: Chairman Moberg, Mr. Wolfersberger, Mr. Simon, and Mrs. Tooker Alternates: Mr. Reilly, Mr. Reynolds and Mr. Ardito

Motion by Mr. Reilly second by Reynolds to approve and memorialize the minutes from November 1, 2007.

In favor: Chairman Moberg, Simon, Reilly, Wolfersberger, Tooker, Ardito and Reynolds

Application #2007-13 – Janice & Luis Aportela, 307 Central Avenue. Block 107; Lots 4 & 5; Applicant intends to demolish the existing single-family dwelling and construct a new conforming single family dwelling. There currently exists a garage apartment. Applicant wishes to keep pre-existing garage rental unit. (Application is for use only; home complies)

Motion by Mr. Reilly, second by Mrs. Tooker to memorialize the action and vote approving application #2007-13 of Luis and Janice Aportela.

In favor: Simon, Reilly, Wolfersberger, Tooker, Ardito and Reynolds


Application #2007-14 – Mary Pearce & Peter Wolf, 802 Cedar Avenue. Block 92; Lot 23.02. Applicant wishes to renovate existing single family dwelling by removing existing second story porch and deck overhang on south side and add new addition to area under existing roof. Add a new two story deck/balcony and open terrace to west side.

Motion by Mr. Reilly second by Mr. Wolfersberger to memorialize the action and vote approving application #2007-14 of Mary Pearce and Peter Wolf.

In favor: Simon, Reilly, Wolfersberger, Tooker, Ardito and Reynolds

Motion by Mr. Reilly second by Mr. Reynolds to memorialize the action and vote amending Resolution #2006-40(2) of 1301 Ocean Ave. LLC. (Carousel Inn)

In favor: Chairman Moberg, Simon, Reilly, Wolfersberger, Tooker and Reynolds


Resolution#2005-50(A) White Sands – Resolution Extension request. Dina Vicari attorney for applicant requesting an extension of time on the resolution.

Motion by Mr. Reilly second by Mr. Wolfersberger to extend the time on the resolution to June 26, 2008.

In favor: Chairman Moberg, Simon, Wolfersberger, Moberg, Tooker, Reilly and Reynolds


Resoltuion#2006-32 Auriemma/McGhee letter – Applicant requesting to just install one garage door and install a man door (9 x 7 foot); Also requesting to adjust slope of roof.

Mr. Wolfersberger – I do not care about the door but if they want to adjust the roof I would like to see what it would look like. Mr. Galvin replied that you can grant everything but the roof change. Mr. Reilly concurs, he would like to see the roof change prior to approval, he has no problem with the door.

Motion by Mr. Reilly, second by Mr. Reynolds to approve the door change.

In favor: Simon, Wolfersberger, Chairman Moberg, Tooker, Reilly and Ardito

Let the record reflect that Mr. Struncius has arrived.

Request to amend Resolution#2006-10 Haddad- request to move a/c units – a/c units need to be moved 11 feet towards the street.

Motion by Mr. Simon second by Mr. Reilly to amend resolution #2006-10 to allow applicant to move a/c units.

In favor: Simon, Wolfersberger, Struncius, Chairman Moberg, Tooker, Reilly and Reynolds


Approval of 2008 Meeting dates

Motion by Mr. Wolfersberger, second by Mr. Reilly to approve the Board of Adjustment meeting dates for 2008.

In favor: Simon, Wolfersberger, Struncius, Chairman Moberg, Tooker, Reilly and Reynolds


Application #2007-11 – First Presbyterian Church; Applicant wishes to continue its educational tradition by re-introducing a weekday nursery school to the existing Christian education building similar to the school conducted in prior years. (Carried without notice)
Michael Steib, attorney for applicant. This is a continuation hearing. Exhibits A-2; revised plan (play area), A-3, color copy of play equipment which is available in earth tones; A-4 brief traffic report; A-5 Application; Original plans A-6. Board’s concerns were about the need for a walkway to the play area which has been added along with the landscaping for screening the playground. John Ploskonka, Professional Engineer. Credentials accepted. Prior concerns of the board were type of fencing, walkway, saving the tree and landscaping. Green chain link fence (green vinyl) will run approximately 30 feet along Bay Avenue; provided sidewalk from education building to play area. Shrubs will be added to front of property (36 inches high). Jonathan Szap, licensed engineer specializing in traffic. Masters in transportation from NJIT, Bachelors in Civil Engineering from the University of North Carolina; credentials accepted. John Ploskonka said they just wanted to be sure that the area would not be over burdened with drop offs and pickups. They find that the increased traffic will be minimal (about 1/2 second delay). All drop offs and pickups will occur on Forman Avenue. Arrivals will be spread out over an hour. Mr. Savacool commented that the parents should be informed about procedures. Karen Smylowski, director of pre-school stated that all parents will be made aware of procedures at enrollment. Applicant has requested from Mayor and Council to have the three parking spots on Forman Avenue be designated a drop off zone during hours of school operation. Allison Coffin, Professional Planner, credentials accepted. Planner believes that special reasons do exist to grant the use variance. She believes that the use is a positive benefit to the community. Child care centers are inherently beneficial and State legislature has approved child care centers regardless of zoning. The proposed application is minimal in expansion with only a fence being installed. The positive criteria are substantial, providing education to preschool children and this outweighs the negative (increase in traffic). Requested variances will not affect the Master Plan. The school will have an open enrollment. Michael Steib closes with the statement that the application is inherently beneficial to the community and it will have minimal negative impact to the area. Mr. Struncius inquired about the gate located close to the road. It was stated that the gate will have a lock with an alarm.

No audience questions

Deliberations

Mr. Reilly – Praised applicant on thoroughness of application. In favor

Mr. Reynolds – Applauded applicants for the changes they made. In favor

Mr. Wolfersberger –Beneficial to community. Open enrollment; 64 families have a safe place for their children.


Conditions

1. Snacks may be served; no lunch

2. Trees shall be preserved

3. Applicant shall request governing body to designate 3 parking spaces for drop off and pickup during school hours

4. Parents shall be informed of requirements for drop off and pickup. (All are to occur on Forman Avenue; There are to be no drop off or pickups on Bay Avenue)

5. Play equipment shall be the color of earth tones. (beige and green)

6. Applicant is to install a child proof gate closure device.

7. Applicant is to acquire the appropriate DYFYS approval.

8. Shrubs on Bay Avenue are not to exceed three (3) feet in height.



Motion by Mr. Reilly second by Mr. Wolfersberger to approve application

In favor: Simon, Wolfersberger, Struncius, Tooker, Reilly, Reynolds and Ardito
Opposed: None


Application #2007-12 – 615 Bay Avenue LLC; Applicant wishes to consolidate lots 6 & 7 and then subdivide entire property into two lots. On proposed lot 1.01 applicant wants to construct two new commercial buildings, on proposed lot 1.02, applicant wishes to construct 12 townhouses.
Mr. Jackson, attorney for applicant is requesting for the application to be carried to March 20, 2008. One of the applicants professional had a conflict this evening.

Motion by Mr. Reilly second by Mr. Wolfersberger to carry application #2007-12 to March 20, 2008 with notice.

In favor: Simon, Wolfersberger, Chairman Moberg, Tooker, Reilly and Ardito


Application#2007-15 – Frank & Christina Ranuro, 1 River Vista Lane; Block 118; Lot 3.06; Applicant wishes to construct a new single family dwelling.

Applicant has requested to be carried. Applicant is having plans revised to comply with the zone. If the plan does not comply they will be heard on January 17, 2008 with notice.

Motion by Mr. Wolfersberger, second by Mr. Reilly to carry application #2007-15 to January 17, 2008 with notice.

In favor: Simon, Wolfersberger, Chairman Moberg, Tooker, Reilly and Ardito


Published January18, 2008 | Board of Adjustment Minutes | 499


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