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May 15, 2008

MINUTES

The May 15, 2008 Regular 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, Struncius, Moberg, Palisi and Leonard Alternates: Ardito

Motion by Mr. Palisi, second by Mr. Ardito to memorialize the minutes of April 17, 2008
In favor: Wolfersberger, Struncius, Moberg, Palisi and Ardito

Motion by Mr. Moberg, second by Mr. Palisi to memorialize the action and vote approving Application#2008-02 of Robert Halter with property located at 68A Inlet Drive with conditions.
In favor: Wolfersberger, Struncius, Palisi, Moberg and Ardito

Motion by Mr. Palisi, second by Mr. Ardito to memorialize the action and vote approving Application#2007-22 of Thomas Waivada with property located at 13 Trenton Avenue with conditions.
In favor: Struncius, Palisi and Ardito

Motion by Mr. Palisi, second by Mr. Wolfersberger to memorialize the action and vote approving Application#2007-19 of Helena Vinhas with property located at 206 Baltimore Avenue with conditions.
In favor: Wolfersberger, Struncius, Palisi, Moberg and Ardito
Opposed: None

Request for amendment – Presbyterian Church #2007-11(2)
Motion by Mr. Palisi, second by Mr. Wolfersberger to amend Resolution #2007-11(2) of the Presbyterian Church, which allows for changing location of play equipment.
In favor: Wolfersberger, Struncius, Palisi, Moberg, Leonard and Ardito
Opposed: None

Request for extension of Jenkinson’s Resolution’s #2006-45; 46; 47 - requesting an extension of one year due to the fact of the slowdown of the real estate market.
Motion by Wolfersberger second by Mr. Moberg to extend Resolutions #2006-45; 46; 47
In favor: Wolfersberger, Struncius, Palisi, Moberg, Leonard and Ardito
Opposed: None

Application #2008-08 – Catherine/Margaret Loughran, 19 Danby Place; Block 121; Lot5.05 – Applicant wishes to construct a 20 foot handicap ramp.
Steven A. Pardes, attorney for applicant. Catherine Loughran, applicant, sworn. An ADA compliant ramp would not fit, so she is requesting a 20 foot ramp (two inches per foot). Applicant cannot get into or exit her home at this time without assistance. A ramp would give her independence. Aesthetically this ramp will be better and not encroach on her neighbor. Ramp will be made out of treks.
Audience questions/comments
Sandy Napolitano, 20 Danby Place – Requesting that resolution states that there is no encroachment on her property. She does not want her property used in any way.
Deliberations
Mr. Palisi – More than a reasonable request.

Motion by Mr. Palisi second by Mr. Leonard to approve application #2009-08 with conditions.
In favor: Wolfersberger, Struncius, Palisi, Moberg and Ardito
Opposed: None

Application #2008-05 – Judy Finnegan – 504 Laurel Avenue Block 77; Lot 13; Applicant wishes to construct 8’ x 25’ front porch to existing family dwelling.
Steven A. Pardes, attorney for applicant. Robert Molner, builder for applicant, sworn stated that existing home is in disrepair. Picture taken yesterday entered as Exhibit A-3 showing existing home. New porch will be 8 feet by 25 feet with three (3) steps. Porch will enhance the home and increase the value. Front yard will be twenty-two feet to stairs.
No audience question/comments
Deliberations
Mr. Leonard – I think the house needs the porch. I do not believe you are blocking the neighbor’s light and air. The shed in the back yard does not bother me and I believe it will improve the neighborhood.

Motion by Mr. Palisi second by Mr. Reynolds to approve application #2008-05.
In favor: Wolfersberger, Struncius, Palisi, Moberg, Reynolds and Ardito
Opposed: None

Application #2008-09 Dennis/Adele Ellison – 316 Elizabeth Avenue; Block 13.04; Lot 19 – Applicant constructed small deck platform and new front stairs.
Dennis and Adele Ellison, applicants, sworn. Applicant believed that his builder had secured permits prior to construction. Found out later on after our code Enforcement Officer stopped and requested to see the permit that the builder had not. Platform is already constructed; it is an open structure and allows the water to pass through and recharge.
No audience questions/comments
Deliberations
Mr. Wolfersberger – I think the new deck looks much better. I would be in favor
Mr. Leonard – If this had been a new case I would be in favor. Your deck is really your sidewalk going to your driveway.
Mr. Reynolds – It looks good. I think it is a shame that contractors come to town and do not secure permits. I feel it hurts the homeowner. Too bad we cannot fine the contractor.

Motion by Mr. Wolfersberger, second by Mr. Reynolds to approve application 2008-09 with conditions.
Condition
1. The applicant has one (1) year from the date of this Resolution to obtain a building permit.
In favor: Wolfersberger, Struncius, Palisi, Moberg, Reynolds and Ardito
Opposed: None

Application #2008-06 - Andrew Seaman/Barbara Garcia, 334 Curtis Avenue; Block 112; Lot 3.03 – Applicant wishes to convert existing two family dwelling to a single family dwelling and retain the existing single family cottage.
Andrew Seaman, Barbara Garcia applicants, sworn.
Robert Burdick, professional Planner, credentials accepted, sworn. Andrew Seaman stated that he is looking to move to the Beach fulltime. Property in the past years has been utilized as a rental. With this approval the applicant will be giving the right up to rent it in the future. Robert Burdick stated that the lot measures 100 feet by 233 feet. Main house was constructed in 1950 as a duplex. The cottage in the rear was built years ago as part of a golf course. Home conforms to the MLUL. This property provides the appropriate density for this zone and is an aesthetic improvement. Intensity of use will be lessened by one residence which will decrease the noise, traffic and odors.
Audience questions/comments
Pat Tatow, 336 Cutis Avenue – Questioned if the driveway was being extended, and if so that she would like a property survey to be done. (Bob Burdick stated that an as built survey will be required)
Gary Mecca, Curtis Avenue – Stated that he believes this will be an improvement. He questioned what will happen with the pool (will stay) and then he inquired about the height of the home. (30 feet)
Deliberations
Mr. Wolfersberger – Believes the reduction is a good thing. All three structures looking the same will be an improvement for the neighbors. I would be in favor.
Mr. Leonard – Positive side is the reduction of rental units. I do not think that it will have an adverse impact to anyone. The owner’s living on the property will improve the situation. My main concern is that the structures look the same.
Mr. Reynolds – I am fine with this application.
Motion by Mr. Wolfersberger, second by Mr. Ardito to approve application #2008-06
Vote: Wolfersberger, Leonard, Palisi, Moberg, Reynolds, and Ardito
Opposed: None
Application approved with conditions
Conditions
1. The applicant has one (1) year from the date of this Resolution to obtain a building permit.
2. The applicant is to file a deed of consolidation prior to the issuance of a building permit.
3. By virtue of this approval, the applicant is abandoning its right to use the property as a three family and will limit the use of the property to a two family use.
4. The siding of all the structures on the lot are to match.
5. The applicant agreed to provide the Borough an as built survey and will place pins locating the property boundaries.
6. The border trees are to be trimmed but are not to be removed.


Application #2008-12 – Kadri Mirzo, 106 Forman Avenue, Block 63; Lot 17 – Applicant wishes to construct a new 18 by 20 foot garage.
Mark Madaio, attorney for applicant stated that applicant is requesting a garage that is 18 feet by 20 feet. Front walk will now be pavers; concrete pad in rear will be removed. Essentially seeking a smaller garage than previous application. Mark Madaio stated the following: The garage will be 2.8% over on building coverage; one holly bush that will be removed. No other plants or trees to be removed. Garage will be 15 feet in height.
No audience questions/comments
Deliberations
Mr. Palisi: You have done a phenomenal job with the property. I have no issue with this. The home also has an extremely large front porch which adds to the character. I would be in favor.
Mr. Moberg: I feel 2% increase is deminimus. I see no negative impact and I feel it is a benefit.
Mr. Reynolds – I would like to thank the applicant for working with us. Seeing what our points were and taking them into consideration.
Motion by Ardito second by Leonard to approve application #2008-12
Vote: Wolf, Leonard, Palisi, Struncius, Moberg, Reynolds, Ardito
Application approved with conditions

Application #2008-07 – Point Lobster, 401 Channel Drive; Block 174; Lot 1.01 - Applicant wishes to install a hood and grill for cooking seafood for onsite pick-up creating a restaurant, drive-in or take out by definition.
Ray Bogan, attorney for applicant. Robert Burdick, Professional Engineer/Professional Planner, credentials accepted. Robert Burdick addressed Ray Savacool’s letter dated May 9, 2008 in reference to the change of use and to approve takeout food and the freezer box which is requested. Applicant also owns adjacent lot. It is located in the MC zone near a marina, marine storage yard, commercial fishery and restaurant. Existing use is commercial whole sale of raw seafood. There is a second floor residence. No on site seating is proposed; the walk in freezer is proposed to provide additional storage. Bob Burdick believes this use is entirely appropriate to the area. Parking lot is provided adjacent to property; does not believe additional use will cause additional traffic. Requesting those hours of operation be expanded. Advantage will be the upgrade to an older structure and will help to continue existing commercial uses in area. Building coverage will increase from 49.9% to 52.5% with the addition of the freezer box and Impervious will increase to 60.5% versus 70% allowable. It will have little effect on adjacent properties. Garbage facility provided will be sufficient. The proposal is consistent with the Municipal Land Use Law as the Marine Commercial zone intends to promote the sale of fresh fish and local catches. The proposal will not have a negative impact on the light, air or privacy of the surrounding property owners. The pre-existing nonconformities cannot be remedied as a result of this proposal.
John Godwin, applicant sworn stated that he seeks to sell take-out prepared seafood at the existing retail seafood store; he wishes to install an exterior walk-in freezer to use for storage. The L-shaped lot is used for lobster boats and commercial fishing. There are no environmental problems associated with the prior use of this building. He has an existing generator. Somewhere in the future he might renovate the old building for a retail restaurant. The Board has been assured that there a no environmental concerns with the property.
No audience questions/comments
Deliberations
Mr. Reynolds – I love the Marine Commercial Zone. I like the fact that you are cleaning things up. I hope you continue with the improvements. I would be in favor.
Mr. Wolfersberger – Strange as it may sound, based on the testimony, there are not too many places to put this freezer. I like takeout myself, based on testimony I would be in favor.
Mr. Leonard – I believe what you have done is improving the property. I am concerned about the proximity of the freezer and the building coverage. I would be inclined to be in favor.
Chairman Struncius – I believe overall that the use fits the MC Zone. I think that it can handle the parking on St. Louis and that the patrons utilize lot two. I think your people should be aware of the increase. I think it is an improvement to the property and it is handicap accessible. I would be in favor.
Mr. Moberg – I echo the other Board members. I wish you luck with it.
Condition
1. The freezer will comply with FEMA requirements
Motion by Mr. Leonard, second by Mr. Ardito to approve application# 2008-07 of Point Lobster with conditions.
In favor: Mr. Wolfersberger; Mr. Leonard; Mr. Palisi; Mr. Struncius;
Mr. Moberg; Mr. Reynolds; Mr. Ardito
Opposed: None

Motion by Mr. Leonard second by Mr. Palisi to accept annual report, Resolution 2007-50 for the Point Pleasant Beach Board of Adjustment.
In Favor: Mr. Wolfersberger; Mr. Leonard; Mr. Palisi; Mr. Struncius;
Mr. Moberg; Mr. Reynolds; Mr. Ardito

Motion by Mr. Leonard, second by Mr. Palisi to grant an extension of Resolution#2006-38 of Railroad Square.
Mr. Wolfersberger; Mr. Leonard; Mr. Palisi; Mr. Struncius;
Mr. Moberg; Mr. Reynolds In favor:; Mr. Ardito

Meeting adjourned at 9:55pm


Attest: Karen L. Mills, Clerk of the Board


Published June24, 2008 | Board of Adjustment Minutes | 602


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