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March 6, 2008

Minutes

The March 6, 2008 Special meeting of the Board of Adjustment opened at 7:35pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Pasola, Palisi, Struncius, Moberg and Leonard Alternates: Reynolds and Ardito

Motion by Pasola second by Wolfersberger to memorialize the minutes from the BOA February 21, 2008 meeting.

In favor: Pasola, Wolfersberger, Palisi, Struncius and Moberg
Opposed: None

Motion by Mr. Palisi, second by Mr. Wolfersberger to memorialize the action and vote approving application #2008-01 of 600 Bay Avenue, LLC.

In favor: Wolfersberger, Palisi, Struncius, Moberg and Leonard

Motion by Mr. Pasola, second by Mr. Wolfersberger to memorialize the action and vote approving application #2008-04 of Conrad Vuocolo.

In favor: Pasola, Wolfersberger, Palisi, Struncius, Moberg and Ardito

Motion by Mr. Wolfersberger, second by Mr. Pasola to memorialize the action and vote approving application #2007-21 of William McGowan.

In favor: Pasola, Wolfersberger, Palisi, Struncius, Moberg and Ardito

Motion by Mr. Wolfersberger, second by Mr. Moberg to memorialize the action and vote approving application 2007-20 of Cathy Windt.

In favor: Pasola, Wolfersberger, Palisi, Struncius, Moberg and Ardito


Application #2008-03 – Harbor Lights/John Christoudias, 300 Channel Drive; Block167; Lots 8, 9, 16, 17 and 18; Applicant wishes to demolish existing motel and construct 12 new townhomes.

Constantine Bardis, attorney for applicant.

Applicant requested to have an interpretation of the MC 2-overlay zoning ordinance.


Ronald A. Sebring, Professional Architect/Planner stated:

1. Plans submitted – Exhibit A-2
2. Sebring’s Letter – Exhibit A-3- Letter dated January 14, 2008
3. Project designed in accordance with zoning ordinance.
4. Project is a conditional use within zone.
5. Does not believe that garage should be considered “living space”.
6. 19-7.1 states – Word not defined in ordinance terms shall be used with meaning of standard usage. Looked up term in Miriam Webster and could not locate “living space”. Ronald Sebring quoted from 2006 RSIS building code – living space is “space within dwelling unit used for living, sleeping eating cooking, washing and sanitary purposes”. 19-10.2 – Habitable floor definition - uniquely close to def to RSIS definition. Any floor usable for living purposes. Floor used for storage purposes is not a habitable floor. Ronald Sebring quotes definition of story from 19-7.1 in our development code book.
7. A-4 Diagram 11/12/2007
8. Lower level – grade level
9. Entry – 3 feet above grade
10. Stair landing 4 foot 6 inches
11. Demonstrate difference of stair landings – not offset more than 6 feet and cannot be considered a story; it is a split level and part of stair landings.
12. Believes townhomes are not three stories. In his professional opinion he believes that our zoning officer’s interpretation is incorrect.


Ray Savacool – Clarifies ordinance; MC2 is an overlay zone of the MC zone. Look back in Mc zone it allows 2-stories. The ordinance is slightly unclear in conditional use requirement. Applicant’s expert is making argument that ground floor is not living space. Board Engineer believes zoning officer’s interpretation is correct. Ordinance states two-stories with habitable attic space. I believe this board has previously interpreted it prior as 2 ˝ story of structure. I believe the garage does constitute a story.

Mr. Galvin – I believe we have had prior cases where the board has determined that the garage constitutes a story.

Mr. Palisi – I do believe that we should recommend to Mayor and Council that they tighten up the language in this ordinance.

No audience questions

Ray Savacool is sworn in to attest to his testimony.

Bill Halkiadakis, licensed professional Engineer/Planner, Certified municipal Engineer, licensed Construction Official. Has testified prior in Jersey City, Bradley Beach and Alpine. Credentials accepted. Refers to Borough Engineer’s letter and states;
1. 19-10.2 – any floor that is used for storage purposes only is not a habitable floor.
2. Has reviewed exhibits and Board’s Engineer’s letter.
3. Reviewed uniform construction code and definitions.
4. Exhibit A-5 - Submitted picture of project built on Baltimore and Broadway which is similar to proposed project.
5. He believes that the garage should not be included as a floor.

Deliberations

Mr. Leonard – Our zoning officer has interpreted this as a third floor structure. I believe the intent of the ordinance and founding fathers that you have two stories and an attic. I see this as a three (3) story structure; I agree with the zoning officer.

Mr. Pasola – Zoning chart state 2-stories in the MC zone; the new ordinance states 2-story structures. I do not think this meets the conditions of the conditional use. I do not think the governing body ever wanted 3 stories in that zone; I agree with the zoning officer.

Mr. Reynolds – A story is part of a building between the surface and the floor above it. A garage has a floor and a ceiling. Habitable space – any area where work is done, eating and sleeping. I absolutely agree that the zoning officer did the right thing.

Mr. Palisi – There is a lot of sensitivity in this town to stories. There is a former Mayor sitting up here and we have a good idea what the former governing bodies were thinking. I am very conservative when it comes to interpretations. I agree with the Zoning Officer’s interpretation.

Motion by Mr. Wolfersberger second by Mr. Leonard to uphold the Zoning Officer’s Interpretation

Motion by Mr. Pasola second by Wolfersberger to carry application #2008-03 to July 17, 2008 with notice.

In favor: Pasola, Wolfersberger, Palisi, Struncius, Moberg, Leonard and Reynolds

Motion by Mr. Pasola second by Mr. Wolfersberger to carry application #2008-03 to July 17th, 2008 with notice.

In favor: Pasola, Wolfersberger, Palisi, Struncius, Moberg, Reynolds and Ardito


Meeting adjourned at 8:55pm

Attest: Karen L Mills
Clerk of the Board


Published March25, 2008 | Board of Adjustment Minutes | 532


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