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February 18, 2010

Minutes

The February 18, 2010 Regular meeting of the Board of Adjustment opened at 7:32pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Spader, Palisi, Reilly and Kelly Alternates: Reynolds and Ardito

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the minutes of January 21, 2010
In favor: Wolfersberger, Spader, Reilly, Kelly, Reynolds and Ardito
Opposed: None

Application#2010-01 – Deborah Ohlinger – 709 McLean Avenue – Block -112; Lot; 39.02 – Applicant wishes to construct a new single family dwelling.
Deborah and Kerry Ohlinger, applicant’s sworn. Applicant has a uniquely shaped lot which is making it necessary to request a three (3) foot rear setback variance. Homes will be approximately 2,900 square feet. Applicant does not believe that granting this variance will create a negative impact on the surrounding properties. Home will be built according to specifications submitted to the board; Home will be cedar impressions shingles.
Audience question/comments
Daniel DePolo – 350 Curtis Avenue – Thinks home will be beautiful and an asset to the neighborhood. He is concerned about the privacy and safety in his rear yard because he has a large dog. Requesting that the applicant installs a six (6) foot rear yard fence. Applicant agrees.
Deliberations
Mr. Leonard – Unique shaped lot; Deminimus variance. I understand the need for privacy along the rear yard.
Mr. Reilly – I see this as a deminimus variance and glad to see neighbors working together.
Conditions
1. Hope is to be constructed according to plans submitted to board and is to have cedar impression siding.
2. Rear yard setback is to be 28. 5.
3. Applicant is to install a 6 foot fence on the Curtis Ave side of the home to 25 foot setback line.

Motion by Mr. Reynolds, second by Mr. Reilly to approve application #2010-01 with conditions.

In favor: Wolfersberger, Spader, Palisi, Leonard, Reilly, Kelly and Reynolds.
Opposed: None

Application Approved

Let the record relect that Mr. Stuncius has arrived and will be serving as Chairman now.


Application #2010-02 –Greg Mazzatta – 202 Ocean Avenue – Block 120;Lot 16.01 – Applicant wishes to demolish existing single family dwelling and construct a new single family dwelling.
John J. Jackson, attorney for applicant. Greg Mazzatta, applicant sworn. Present home is 450 square feet of living space and does not have closets. Only way to increase living space is to build up. Applicant stated that the actual foot print of the new home will be smaller than existing home foot print. John Jackson stated they will comply with flood regulations and that safety is a concern. The applicant wants to update the wiring and construction. Ray Savacool, Board Engineer stated that the applicant will have to be sure of what flood zone the home is located in. John Jackson stated that the home complies with the RSIS standards with providing two (2) parking spaces. Ray Savacool stated the average parking stall is 9 by 18 and these parking spaces do not meet those standards; it would have to be 2 small cars. A-6 – Photo of west side of Ocean Avenue. Tom Spader referenced the master plan and how crowded the area is. Steve Ardito inquired if the home is currently being rented; applicant replied that he only rents in the summer.
Audience Questions
Francis Rizzo – Lives in North Carolina but owns property on East side of applicants home. He questioned the curb cut? Questioned the square footage of second floor.
Audience Comments
James Saeger – 2 Hendrickson Row, I live here full time. Basically this house could be much smaller with a wraparound porch.

Applicant stated that he will not be renting home after renovations. Mr. Wolfersberger inquired what the square footage of livable floor space will be (800 square feet) Mr. Wolfersberger states that is has doubled from original home. (Correct) Mr. Struncius commented that the one thing that is very noticeable is that all the homes are in a row with similar setbacks. The extension and decking piece that comes out in front of the proposed home is what bothers him. The height does not bother me but the front is not in character with the rest of the row. The applicants replied that he understands and appreciates his concerns. John Jackson requested to carry the applications so the applicant can make some modifications. Mr. Wolfersberger stated that it is the location of the home; it is a corner lot and he doesn’t want to see the living space tripled. R. Reilly believes that the applicant has been trying but he needs to listen to the neighbors.
Motion by Mr. Reilly second by Mr. Leonard to carry application #2010-02 of Greg Mazzatta to June 17, 2010 without notice.
In Favor – Wolfersberger, Spader, Palisi, Struncius, Reilly, Kelly and Ardito

Application - #2009-24 – Inlet Point Condo’s – 25 -29 Ocean Avenue – Block 176; Lots 1.01 to 1.05. Condo Association would like to enclose the garage storage area and add garage doors to ground floor level. Applicant would also like to amend site plan to include new fencing on the Inlet Drive/Ocean Avenue side of property and other minor adjustments.
Steven A. Pardes, attorney for the applicant opened with explaining the applicant is looking to amend previous resolution to enclose the garages. Serious problems have occurred do to freezing pipes and mold. Mr. and Mrs. Bilotti are also requesting to extend their deck.

Christopher Dougherty, RA., sworn, has appeared before Boards in Allendale, North Caldwell and Nutley, Credentials accepted.
Key issues – Open base was constructed with sheet rock instead of treated lumber which has contributed to serious maintenance issues such as
a. bursting pipes and mildew.
b. The absence of window and doors has created a security problem
c. The open base has provided a space for beach bathers to gather in rain storms.
d. Vandalism has occurred
f. The lack of fencing has allowed tourist to trespass
A. The solutions to these problems are presented as follows:

1. The existing saloon-style doors will be removed and replaced with insulated garage doors.

2. The existing opening in the walls, where lattice has been installed, will be replaced with custom designed casement windows with insulating glass.

3. The existing air-conditioner units currently inside the garage area will be placed outside the units on pedestals high enough to meet flood plain compliance. Proper screening will be used to hide the view of the condenser units from the street.

4. A fence will be installed along the property line to deter people from using this property as an access way.

The use of these spaces will remain the same (garage/storage).
Robert Montemarano – Stated all photo are accurate representation of what has occurred to the property. Pictures entered as a package and marked A-3. The builder used sheet rock instead of pressure treated lumber and that is why there is so much damage and mold from the weather and broken pipes. Damages to his unit were $19,000; has not repaired yet due to the fact they wanted to wait to see if they can enclose it.

Keith Bilotti – He owns unit 27 Broadway. Photos entered as A-4, A-5 and A-6. He is requesting to extend his deck. Purchased in 2007 and the first winter is when the pipes first broke. They have broken three times in total.
Claudia Bilotti – sworn, owner of Unit 27. Claudia Bilotti stated tourist who have been enjoying themselves cut through the property at 2am making noise and she is worried about safety. Landscaping has been destroyed and people have used their garages to find shelter from the rain. They have had items stolen from their garages.
Chairman Struncius requested a landscaping plan to make sure the corner is aesthetically pleasing. They are making changes and we would like to see them before me memorialize the resolution. I would like to see some vines and shrubs.
Christopher Dougherty stated the garage doors will be insulated fiberglass.
Deliberations
Mr. Reynolds – In favor of application. Is a afraid if not approved there will be further damage.

Mr. Palisi – Also in favor. Once in awhile you have to rely on common sense. Next time we are approached with a similar development we have learned a lot.

Mr. Reilly – Believes they got a rotten deal all around.
Mr. Leonard – Originally against them being closed in but it is a catch 22. Shame on the builders; they should be fixing it.

Mr. Wolfersberger – I agree with everyone else.

Motion by Mr. Wolfersberger, second by Mr. Reilly to approve application #2009-24 with conditions.
In favor: Wolfersberger, Spader, Palisi, Struncius, Leonard, Reilly and Kelly
Opposed - None
Conditions
1. All conditions of the use variance application number 2004-26 shall be satisfied prior to the issuance of a building permit, except as herein modified.

2. The HVAC units are to be fenced and surrounded by evergreens.

3. The applicant is to submit its landscape plan for the Board’s approval prior to the Memorialization of this Resolution.

4. The Plan is to be revised to move the air-conditioning units along Inlet Avenue near the parking lot as far away from Broadway as determined by the Board’s Engineer. The air-conditioning units located between the units facing Broadway are to be moved as far away from Broadway as practical as determined by the Board’s Engineer.

5. A deed restriction is to be filed against all of the units showing that the garage is not to be habitable and is not to have any heat or plumbing.

6. The garage doors are to be insulated and be of a window-style.

Application#2009-14 – Offshore Inn Inc. – Block 129.01; Lot 12 – Applicant wishes to utilize existing parking lot of the Off-Shore Restaurant as a paid parking lot.
Carried without notice – Will not be heard tonight
Steve Pardes, attorney for applicant recommended carrying the application into the future with notice required.
Motion by Mr. Reilly second by Mr. Reynolds to carry application #2009-14 of the Off Shore to May 20, 2010 with notice.


Published March24, 2010 | Board of Adjustment Minutes | 983


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