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MAY 12, 2008




Chairman Ammirata stated that this is a regular meeting of the Point Pleasant Beach Planning Board and adequate notice of this meeting was given by publication in the Ocean Star and by posting a copy of said notice in the front office of the Borough Hall.
Members present: Chairman Ammirata, Mary Mossa, Jason Shamy, Jim Harris, Tom Neumaier, Tom Spader, Elaine Koscinski and Mike Brodeur.
Also present was Dennis Galvin, Esq., Planning Board Attorney and Raymond Savacool, Planning Board Engineer.
Motion by Mrs. Mossa, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Vouchers submitted approved for payment.
Motion by Mr. Harris, seconded by Mr. Shamy and carried by roll call vote of those members present: Minutes of the April 14, 2008 approved. (not voting: Mrs. Koscinski, Mr. Spader.)
Motion by Mr. Brodeur, seconded by Mr. Shamy and carried by roll call vote of those members present: Resolution approving extension of prior approval adopted. (not voting: Mrs. Koscinski)
The following members recused themselves from participating in this hearing: Chairman Ammirata.. Vice-Chairman Neumaier chaired the hearing. Board members Tom Spader and Elaine Koscinski signed Certifications confirming they read the transcript from the hearing held before the Board at its meeting held on April 14, 2008. Seven members eligible to vote.

On questioning from Mr. Galvin, Mr. Peck, attorney for the applicant, confirmed the applicant had rested its case. He confirmed that the applicant agreed to come back before the Board tonight because the Board wanted to hear from their own planner.

Thomas A. Thomas, P.P. was sworn in. Mr. Peck accepted Mr. Thomas as an expert of professional planning. Mr. Thomas presented testimony that in his opinion application deducts a valuable resource from the overall beach preservation effort; beach houses and parking lot are really associated with beach itself; aware of the easement between the two parcels; intertwined and becomes an important aspect of beach access preservation and the facilities that provide access; no specific law in Point Pleasant Beach which provides protection; typical approval would be conditioned upon review and approval by other agencies; not sure whether CAFRA has jurisdiction; only way to determine that is to have the applicant submit to CAFRA before any final decision; parking lot and bathhouses are accessory use to the beach.

Mr. Peck questioned Mr. Thomas as did Board members as to his opinion regarding beach access.

Hearing was opened to Public Participation for questions of Mr. Thomas and comments. Public participants: Max Gagnon, Anne Lightburn, David Cavagnaro, Seth Sloane.

Deliberation by Board members.

Motion by Tom Spader, seconded by Mary Mossa and carried by roll call vote of the following members: Mike Brodeur, Tom Spader, Elaine Koscinski, Jim Harris, Vice-Chairman Neumaier: application denied. Jason Shamy voted against the denial.

Certified transcript of hearing attached to and made a part of these minutes.

Chairman Ammirata returned to conduct the meeting. Mayor Barella returned to participate in the meeting.

Clerk advised Board members, Affidavit of Service on property owners and Affidavit of Publication of hearing notice in newspaper were reviewed and found to be in order.
Kitty Philipps, appearing on behalf of owners, Martin and Louis Stillufsen. Application is to amend previous approval granted for canvas canopy approximately 14 ft. by 22 ft. to permit replacement of canvas canopy over the fish landing/sorting area to wood. Entered and marked into evidence:
A-1 marked into evidence - photos of roof view from water
A-2 marked into evidence - photos of roof view from other angles

Ms. Philipps stated the following:
1. canvas canopy is ripped causing water to run onto dock area causing a safety hazard for fisherman;
2. area also is part of restaurant; most items are fresh fish; they found that the area under the canvas canopy was extremely hot
3. father started to replace ripped canopy with a wood roof and found out he needed to get approval
4. main concern for replacement is the safety factor
5. tables are situated in the outside area also
6. confirmed there are no other plans to alter the site
On questions/statements from Mayor Barrella and Chairman Ammirata, Mr. Savacool advised the Board that the site has numerous non-conformities. Ms. Philipps stated in 2005 - part of approval was to install sidewalks; asked for relief. Also prior approval required landscaping
A-3 marked into evidence - photos of walkway area, curb, designated walking area
A-4 marked into evidence - areas of landscaping on property
Ms. Phillips stated they attempted to have plantings; rain water destroyed.
Peter Gilman, sworn in, and stated he is the contractor hired to complete the wood roof; found that no permit has been issued.
Discussion held regarding possibility of roof being closed in in the future; the raised planters, railroad ties, public safety concern. Several Board members expressed their concern of the applicant's "track record" when coming before the Board for approvals/amendments etc. and not completing or complying with approvals.
Chairman Ammirata opened the hearing to public participation; there being no public participation that portion of the hearing was declared closed.

Mr. Galvin advised the Board they could deny the application in which case the applicant would have to remove the structure and still comply with prior approval Resolutions or the Board could approve the application and make the applicant comply. Approval could be subject to reaching an agreement with Mr. Savacool with regard to the pedestrian traffic and the plantings.

Mr. Galvin further stated the Board could approve the application subject to applicant complying with previous conditions of sidewalk and landscaping before roof is completed.

Also, building and lots are separate; applicant to file a deed of consolidation if approved.

Several Board members stated several things should and need to be done by the applicant. Chairman Ammirata stated the approval for the wood roof could be subject to the sidewalk and plantings. Mayor Barrella indicated Mr. Savacool could sign off when the work is done.

Ms. Phillips stated they will try again with the landscaping. Mr. Savacool questioned the overhang. With respect to the overhang, Ms. Phillips stated it would be white with an orange skirt.

Motion by Mr. Brodeur, seconded by Mr. Spader and unanimously approved by roll call vote of those members present: Amended site plan application approved. Resolution to be prepared by Mr. Galvin for adoption at the Board's meeting to be held on June 9, 2008.

Clerk advised Board members, Affidavit of Service on property owners and Affidavit of Publication of hearing notice in newspaper were reviewed and found to be in order.

Chairman Ammirata and Board member, Mary Mossa, recused themselves from participation in this hearing.

Steven Pardes, Esq., attorney for the applicant, entered the following documents into evidence:
A-1 Contract between Estate of Kirk and Mr. and Mrs. Gordon to sell one of the two lots;
A-2 January 9, 2008 letter from Richard Butz, Esq, attorney for contract purchasers, Mr. and Mrs. Gordon confirming they intend to have the house demolished.

Mr. Pardes stated the application was for a minor subdivision with variances, which are existing conditions: front set back and side set back. Buyers for proposed lot with existing house will eliminate one variance.; Applicant is 99% sure it will close title. Some discussion was held regarding the house being demolished and what if it isn't. Applicant agreed to have a side set back requirement to insure there will be 10 feet between the houses.

Robert H. Morris, L.S.&P.P., applicant's surveyor, verified he prepared the subdivision map and he has reviewed the review letter dated April 23, 2008 prepared by Raymond Savacool, Planning Board Engineer. In response to Mr. Savacool's report and on questioning from Mr. Pardes, Mr. Morris stated:
1. confirmed accuracy of Paragraph #1; applicant proposing two lots each to be approximately 7,750 square feet where 5,000 square feet is required;
Page #2
2. Variances: a) side yard set back; existing house 2.8 ft off property line; applicant will insure a ten feet between existing and new house on second lot; will add a clause; b) front set back: if existing house is demolished variance will be eliminated;
3. mitigation of substandard side yard set back already discussed and applicant is willing to insure a minimum separation of ten (10) feet;
4. confirmed no architectural plans as of yet; any house to be constructed will comply with the Ordinance;
Page #3
5. parking spaces: existing house has three bedrooms; two spaces required and are provided; new house being built will 3-4 bedrooms; amply parking area to comply with Ordinance requirements;
Items #6,#7,#8,#9,#11,#12,#13 and #14 - applicant will comply

Regarding Item #10 pertaining to shrubs and trees, on questioning from Mayor Barrella, Mr. Morris stated that there are trees in the back of the property. In response to Mr. Spader's question, Mr. Morris stated that the property was not in a flood zone. Mr. Savacool advised the Board it would be a reasonable condition of
approval to require the applicant to plant street trees on both lots. Mr. Pardes stated the applicant will comply. Mr. Spader also questioned the condition of sidewalk. Mr. Savacool stated the curbs and sidewalks were in poor condition. Mayor Barrella recommended they be replaced. Mr. Spader expressed concern about water run-off and Mr. Savacool stated the Ordinance requires dry walls.

There being no further comments from the Board members, Vice-Chairman Neumaier opened the hearing to public participation.

Robert Ingenito, 1101 Gowdy Avenue; stated that he did not receive notice of the application or hearing; advised that applicant is required to serve notice on property owners listed on certified list provided by the Tax Assessor and in this case from both Point Pleasant Beach and Point Pleasant; Mr. Ingenito was sworn in and expressed his concern what happens if the Gordons do not buy and some one else does. They put another house up and want to put up a fence. Mr. Pardes stated condition of approval would be that no fence be installed no less than five feet between existing house.

There being no further public participation that portion of the hearing was declared closed.

Mr. Galvin questioned the Board regarding the condition of trees and shrubs; discussion as held regarding size of trees to be planted - 2 to 2 1/2 inch caliber size of trees.

Motion by Mr. Brodeur, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Application of Estate of Kirk for minor subdivision/variance approval granted. Resolution to be prepared by Mr. Galvin for adoption at the Board's meeting to be held on June 9, 2008.

There being no further business to come before the Board, the meeting was adjourned.

Respectfully submitted,
Diane F. Johnson,

Published July23, 2008 | Planning Board Minutes | 620

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