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June 18, 2009


The June 18, 2009 Regular Meeting of the Board of Adjustment opened at 7:35 pm. The clerk read the notice of compliance with the “Open public meetings act.” Present were Board members: Mr. Spader, Mr. Moberg, Mr. Spader, Chairman Struncius, Mr. Palisi and Mr. Reilly Alternates - Mr. Reynolds and Mr. Ardito

Application #2009-02 – Stephen Doyle – 108 Niblick Street – Block 102 ; Lot 16 – Applicant wishes to construct a 10 x 12 shed with a roofed deck area attached.
Stephen Doyle, sworn, testified that he wants to install a shed with an attached deck. The roof attachment makes it go over the 120 square feet that is allowed. He wants to install it to provide shade for his company. The existing deck does not provide any shade. There will only be electric; no plumbing will be installed. The shed will be aesthetically pleasing. The patio area will not be enclosed. Mr. Leonard inquired why he couldn’t just put a roof of the existing deck. The applicant didn’t want anything else attached to the house. Shed will not be accessed from deck.
Mr. Moberg – I have no problem with this.
Mr. Struncius – We could have a garage structure that is 16 feet high. There will not be running water, it is a nice structure. I do not have an issue with it.
1. No door will be located between deck and the shed.
2. The shed is not to be heated.
3. There is to be no overnight habitation.
4. The deck area is never to be enclosed.
Motion by Mr. Reilly second by Mr. Moberg to approve application #2009-02
In favor: Spader, Palisi, Struncius, Moberg and Reilly
Opposed - Leonard and Reynolds

Application #2009-11 – Michael and Linda Rosenberg – 100 Trenton Avenue – Block 68; Lot 19 - Applicant intends to demolish existing single family dwelling and construct a new single family dwelling with deck over deck.
Michael Rosenberg, applicant, sworn. New home complies with setback on Trenton and improves the existing setback. The applicant is seeking the following variances – Front yard setback of 14.50 feet where 25 feet is required. Professional Architect, Maria DeCosimo, sworn. Has previously testified before boards in Westfield, Short hills, Madison and Summit. Maria DeCosimo states that the new home will be two-stories which are buffered by vegetation. The home will be sided with cedar impression shingles. The applicant will add a porch off the breakfast area on the first level and have a small deck area off the master bedroom suite. The applicant intends to add a single car garage and have a small sitting deck area in the front. The decks will be open and not screened. The foundation will be slab on grade. The height of the proposed home will be 33 feet and not to exceed 35 feet. The applicant has abided by all zoning setbacks except the one front yard due to the hardship of being located on a corner lot.

Audience questions/comments
Joe Orth – 102 Trenton Avenue – is concerned that the new two-story structure will block the limited view he has of the ocean. The board is sympathetic to the neighbor’s concern but the view is restricted to begin with and the 25 foot setback requirement is being met.
Mr. Palisi - The home is magnificent. There are challenges because you are on a corner lot. You met the flood requirements and the height remains under 35 feet. The addition is tremendous and I am in favor of the home as proposed.
Mr. Spader - I think this home will be an asset to the neighborhood and I have no problem with it.
Mr. Leonard – The home is not encroaching on Trenton Avenue. You have done a good job locating the home on the lot. I would be in favor.
Mr. Reilly – I think you have done a very good job but would like to see a condition that they cannot enclose the open decks.
Mr. Moberg – the non-conformities are the one setback and the decks which are not impacting anyone in the area. I deem this to be a positive application.
Mr. Struncius – Corner lots are a challenge everywhere. Everything is conforming except for the one setback. It has aesthetic value and I am in favor.

1. The applicant is to install foundation plantings as shown on plan.
2. If the foundation changes from a slab to a crawl space, the plans must be submitted to the board engineer for approval.
3. The building is not to exceed 35 feet in height.
4. The second floor decks are to remain open.
5. The house is to be sided with cedar impression shingles.

Motion by Mr. Reynolds, second by Mr. Reilly to approve application #2009-11 of Michael and Lydia Rosenberg with conditions.
In favor: Spader, Leonard, Palisi, Struncius, Moberg, Reilly and Reynolds
Opposed – None

Application #2008-29 - Robert Festa – 7 Danby Place – Block 12; Lot 3.11 – Applicant wishes
to demolish existing single family dwelling and construct a new 1 ½ story single family dwelling.
Application carried from February 19, 2009 without notice
Let the record reflect that Mr. Reilly has stepped down from the following application.
Steven A. Pardes, attorney for the applicant. The applicant is requesting the following variances – 3.67 feet setback where 5 feet is required; 1 ½ stories where one story is permitted; For the pre-existing lot width of 24.72 feet where 25 feet is required; for a 2.72 foot setback where 5 feet is required.
Professional Carl Feltz, P.A stated that the proposed home will have the same setbacks as the present home. The proposed home will be 1 ½ stories but still meet the 20 feet height requirement. The finished floor will be 2.4 feet above grade which is above flood elevation. The existing lot is 25 feet wide which creates a hardship for the applicants. Replacing the existing home with a better constructed home with a more solid foundation will make it safer. The siding and roofing material will have a higher fire rating than the existing home. The foundation will be a crawl space rather than a concrete slab.
No audience questions/comments
Mr. Moberg – I feel this is almost a necessity to rebuild this home from a safety perspective. The home will be aesthetically pleasing and I would be in favor.
Mr. Reynolds – I have seen the home and it would be safer to rebuild. I like the fire proof siding and roofing. I am in favor.
Mr. Ardito – I agree with my colleagues. The new structure will be compliant with the FEMA code and that helps the towns rating.

Motion by Mr. Spader, second by Mr. Ardito to approve application #2008-29 of Robert Festa, with conditions.
In favor – Spader, Leonard, Palisi, Struncius, Moberg, Reynolds and Ardito
Opposed - None

Application #2009-07 – Edward and Ellen Freeman – 203 Curtis Avenue – Block 118; Lot 24 – Applicant wishes to construct a two story addition to the front of the existing single family dwelling. They intend to add a one story foyer area and a pitched roof. They also are requesting a balcony over a deck.
John Amelchenko, Professional Architect and applicant Edward Freeman, sworn. John Amelchenko stated that following facts:
1. The home is located on a wedge shaped lot.
2. The shed is on a concrete pad and impractical to move.
3. The property is heavily vegetated in the rear.
4. The home will be sided with red cedar shingles and have a black Timberline roof. Dormers will be added but there will be no change in the height.
5. The applicant proposes new siding, a new roof, new landscaping and new paving.
6. The applicant proposes a modest addition above the garage for an additional bedroom of 300 square feet.
7. The balcony above the rear deck will not be enclosed.
8. Exterior stairs will be removed.
Edward Freeman stated that the vegetation in the rear yard provides privacy.
No audience questions/comments
Mr. Leonard – Everything I see here is pre-existing. We are improving the look of the home.
Mr. Palisi – It is a beautiful drawing. You have taken the spirit of maintaining the structure. No negative impact and you have upgraded and made it safer.
Mr. Reilly – I see no negative impact and I would be in favor.

Motion by Mr. Leonard, second by Mr. Reilly to approve application #2009-07 of Edward and Ellen Freeman with conditions.
In favor: Spader, Leonard, Palisi, Struncius, Moberg, Reilly and Reynolds.
Opposed: None

Application #2008-33 – Alison and Robert Ingenito - 1103 Gowdy Avenue in Point Boro –
Applicant is appealing the Zoning Officer’s ruling on property located at 1026/1028 Gowdy Avenue owned by William and Carolan Ammirata. Applicant is appealing the interpretation that the home occupation use at 1026/1028 Gowdy Avenue is permitted by Ordinance without a need for variance approval by Zoning Board of Adjustment.
Carried without notice to October 15, 2009

Meeting adjourned 9:40pm

Attest: Karen L. Mills, Clerk of the Board

Published July29, 2009 | Board of Adjustment Minutes | 842

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