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September 18, 2008

Minutes

The September 18, 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: Moberg, Palisi, Wolfersberger and Reilly Alternates: Ardito and Kelly

Motion by Mr. Wolfersberger, second by Mr. Ardito to memorialize the minutes of the July 17, 2008 Regular meeting of the Board of Adjustment.

In favor:
Wolfersberger, Kelly, Reilly and Ardito
Opposed: None

Motion by Mr. Reilly, second by Mr. Wolfersberger to memorialize the action and vote approving application #2008-21 of Steinfeld properties also known as Gold’s Gym located at 107 River Road with conditions.

In favor: Wolfersberger, Reilly, Ardito and Kelly
Opposed: None

Motion by Mr. Reilly, second by Mr. Wolfersberger to memorialize the action and vote approving application #2008-22 of Omni Point located at 416 New Jersey Avenue with conditions.
In favor: Wolfersberger, Reilly and Ardito
Opposed: None

Chairman Struncius arrived at 7:39pm.


Application#2008-24 – Kathleen Ferguson, 104 Washington Avenue, Block 18.01; Lot 2 – requesting certification of pre-existing 2-family use.

James Ward, Ward reality. Maureen Murray, sworn, sister of applicant who is not able to appear. Two-family home constructed as a two family home in 1948. Maureen who is 60 years old testified that the home has always been a two-family home. They rented the upstairs in the summers. Mr. Wolfersberger questioned if the new owner wants to do improvements that they would have to come before the board. (Yes)

Deliberations

Mr. Reilly – It is what it is and we are just certifying it.

Based upon the sworn testimony of the applicant, Maureen Murray, the Board made the following finding of facts:

The house, at 104 Washington Avenue, was constructed as a two-family dwelling in 1948.
The home has been owned by the family for the past 60 years and has always been used as a two-family home.

The applicant is now intent on selling the home. The buyer is requesting proof that this property is a valid pre-existing use and will continue to be allowed to be used as a two-family home.

The Board found that this use predated the creation of the SF-5 Zone.

The house has been used as a two-family dwelling for 60 years and the Borough has routinely issued a Certificate of Occupancy for these premises.

The Zoning Officer can only issue a Certificate of Regularity within one (1) year of the Zone change.

The Board determined that based upon the testimony of Maureen Murray, that the use of the home at 104 Washington Avenue as a two-family home is a valid pre-existing non-conforming use.

Motion by Mr. Wolfersberger, second by Mr. Reill to certify that application #2008-24 is a pre-existing valid two-family use.

In favor: Wolfersberger, Palisi, Moberg, Struncius, Reilly, Ardito and Kelly
Opposed: None

Mr. Kelly has stepped down from the following application.

Application# -2008-13 - Thomas/Vanessa Portesy – 315 St. Louis Avenue – Block 106; Lot 1.02; Applicant wishes to construct a first floor addition and a new second floor to an existing two story single family dwelling.

Thomas Portesy, applicant sworn. Ed Hardman, builder, sworn. Applicant took into account the board’s previous concern and has redesigned the plans. Mr. Savacool commented that there are now only two variances, reduced from four; Side yard setback in rear and front yard setback. Home will be aesthetically pleasing and not have any negative impact on neighbors.

Deliberations

Wolfersberger – Applicant listened to our concerns and took them into consideration. Based on plan and aesthetics I would be in favor.

Palisi – applicant has demonstrated hardship and need. Positives outweigh negatives, in favor.

Reilly – I agree with Mr. Palisi and appreciate the fact that the applicant listened to our advice that we gave them. In favor

Motion by Mr. Wolfersberg, second by Mr. Reilly to approve application #2008-13 with conditions.

In favor: Wolfersberger, Palisi, Moberg, Struncius, Reilly 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.
Motion by Mr. Moberg, second by Mr. Reilly to carry application #2007-12 to November 6, 2008 without notice.
Subject to them waiving the time to be heard.

In favor: Moberg, Palisi, Struncius, Wolfersberger, Reilly, Ardito and Kelly
Opposed: None


Application #2008-18 – John/Lea Drew, 214 Niblick - Block 103; Lot 13 – Applicant built home with intention of removing garage to comply with building coverage. Applicant would now like to keep the garage.

Steven A. Pardes, attorney for applicant. John Drew applicant, sworn. Old home was modified. Applicant believed at time of submission of plans that they were conforming. Architect realized that he had not included the back porch on drawings. Calculations were redone and applicant realized building coverage was over allowable thirty (30%). Applicant had agreed to remove garage, but now has decided they would like to keep it. Garage has been there since 1940’s. Pictures entered as A-3, A-4 and A-5. Garage will be sided to match home if application is approved. Use of garage is to store his brand new car and will be used for lawn mower and garden tools.

Paul Blinn – neighbor of 30 years does not see why they cannot keep garage. They have done beautiful job on home.

Deliberations

Wolfersberger – Based on the fact that we are talking 1.2%, I would be in favor of this application.
Reynolds – I do not see any problems what so ever. In favor.

Struncius – If we had seen this prior to building we probably would not of approved. Considering circumstances, and it being deminimus and it will be renovated to match home I will be in favor.

Mr. Reilly – After hearing explanation I am in favor.

Motion by Mr. Wolfersberger, second by Mr. Reilly to approve application #2008-18 with conditions.

Let the record reflect that Mr. Reynolds has arrived at the meeting at 8:09pm.

In favor: Moberg, Palisi, Struncius, Wolfersberger, Reilly, Ardito and Reynolds
Opposed: None

Application #2008-15 – Sophie Holbrook – 56 Harvard Avenue – Block 131; Lot 8 – Applicant wishes to demolish existing single family dwelling and construct a new single family dwelling with parking underneath.

Steven A. Pardes, attorney for applicant. Applicant Sophie Holbrook and builder Terrance Hegel, sworn. Applicant has owned home for sixty years. It is one of the first homes built in that area; It has always been a summer home. Applicant has recently retired and hopes to live here year round. Pictures taken this past week, entered as A-3, A-4,

Sophie Holbrook testified to the following:

The property has been in the family for 60 years. It was purchased by her grandfather in 1948.

The home has always been used as a summer residence. It will now be used as a permanent residence by the applicant.

The home will be fully conforming except for it being three stories.

The height of the home is 35 feet which is compliant with the Ordinance and is consistent with the rest of the neighborhood.

The two-car garage will be built below the home; and it will be eight feet in height so it can be useable.

A basement is out of the question because this property is located in a flood hazard area.

The second and third floor will be used for family habitation.

The garage level will not be habitable.


Terrence Hegel, applicant’s builder testified to the following:

1. The home cannot have a basement due to its location in the flood zone, and more importantly the height of the water table.

2. Cedar impressions shingles will be used for the façade of the house, and the applicant will use high quality materials in the construction of this home.

3. A detached garage as it would have blocked the view of Lake Louise for the applicant, as well as for the applicant’s neighbor. It would have also increased the building coverage for this lot.

4. The first floor of the living space of this house will consist of a great room, a kitchen, and a den. The second floor living space will consist of three (3) bedrooms and two (2) bathrooms.


Based on the testimony of Ray Carpenter, the applicant’s engineer, the board found the following finding of facts:


a. This proposal provides much needed off-street parking. It is estimated that as many as 6 cars will be able to be parked off-street and on this property.

b. The current design will not block the view of Lake Louise for either the applicant or the applicant’s neighbor.

c. Although the house will be three (3) stories, it will not be more than 35 feet in height which is compliant with the Ordinance and consistent with the rest of the neighborhood, which mitigates the impact of the extra story.


Audience comments

Ruth Boyle – neighbor to the west – they have no objection to this plan. She believes the additional parking will help the neighborhood.

Deliberations

Reynolds – Nice looking home. Obviously you could build lower but not have the storage. I like the off street parking. In favor.

Ardito – This is one of these cases that has me thinking the right thing is being done. The picture could be three feet lower and meet the flood plain, but with the three feet the home owner can have a working garage. I have no problem with the design. In favor

Wolfersberger – I am not responsible for the houses on the canal that are three stories. I am against the three stories.

Mr. Moberg – It is three stories but within the 35 foot height limit. I also think the flood situation is so severe east of the railroad tracks that getting to the flood plain compliance is important for the town. I do not see a negative impact on the neighborhood.

Mr. Reilly – I do not see the basis for three stories. I do not see it as a hardship. I am opposed to this.

Mr. Palisi – I think Mr. Moberg and Ardito have me in favor of this. The architecturals have got to be correct so we do not have all this concrete showing. In favor

Mr. Struncius – There are some things visually happening to the foundation that are pleasing. I do not see a great negative impact. I can look at a third floor here and accept it. In favor

Motion by Mr. Reynolds, second by Mr. Ardito to approve application #2008-15 with conditions.

In favor: Moberg, Palisi, Struncius, Ardito and Reynolds
Opposed: Wolfersberger and Reilly

Conditions

1. The first floor of this home is never to be used for habitation or for overnight accommodations. There is to be no bathroom or sink installed on the first floor. The Board’s approval granting the third floor is contingent on this restriction.

2. The applicant is to submit a landscape plan showing substantial foundation plantings to the Board’s Engineer for his review and approval.

3. The porches are not to be enclosed.

4. The Cedar impressions shingles are to be used throughout on the exterior of the building including the first floor.

5. The building is to be constructed as described by the applicant’s builder at the time of the hearing on September 18, 2008.


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.
Applicant requesting to be carried again. We believe they are securing a new Engineer.

Motion by Mr. Moberg, second by Mr. Reilly to carry application #2008-03 to November 6, 2008 with notice. Subject to receiving waiver of time to be heard.

In favor: In favor: Moberg, Palisi, Struncius, Wolfersberger, Reilly, Ardito and Reymolds
Opposed: None

Meeting adjourned 9:34pm

Attest: Karen L. Mills, clerk of the board


Published October20, 2008 | Board of Adjustment Minutes | 678


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