Borough of Point Pleasant Beach August 15, 2019
The August 15, 2019 Regular Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Secretary Spader, Mr. Kelly, Vice Chair Reynolds, Mr. Schneider, Mr. McGee, Mr. Davis and Chairman Struncius
Absent – LePore, DePolo and Crasper
Also, present – Herschel P. Rose, acting Board attorney, Ray Savacool, Board Engineer and Karen L. Mills Clerk
Motion by Mr. Schneider, second by Mr. Dixon to approve the minutes of May 16, 2019 –
In favor: Kelly, Schneider, Dixon, McGee and Reynolds
Opposed: None
Motion by Secretary Spader, second by Mr. Dixon to memorialize the minutes of June 20, 2019 –
In favor: Spader, Kelly, Schneider, Dixon and Reynolds
Opposed: None
Motion by Mr. Dixon, second by Secretary Spader to approve the minutes of June 27, 2019-
In favor: Spader, Kelly and Dixon
Opposed: None
Motion by Mr. Schneider, second by Secretary Spader to memorialize the minutes of July 11, 2019 –
In favor: Spader, Kelly, Reynolds and Schneider
Opposed: None
Motion by Secretary Spader, second by Mr. McGee to memorialize the minutes of August 1, 2019
In favor: Spader, Kelly, Reynolds, Dixon and McGee
Memorialize resolutions
Motion by Secretary Spader, second by Vice Chair Reynolds to memorialize the action and vote approving application 2019-21 of 2005 Route35 LLC c/o Tim Caughey – 2005 Route 35 – with conditions –
In favor: Spader, Kelly, Reynolds, Dixon, McGee and Struncius
Opposed: None
Application 2019- 22 – Joe/Lorraine Gankiewicz – 121 Randall Ave – with conditions – Ray Savacool stated that Joe Gankiewicz changed aesthetics after approval. Foot print stayed the same – decks got smaller – windows were moved. More of a standard clapboard look as presented. Mr. Kelly was not pleased that things were changed after the approval and commented that we have a full agenda and should not have to discuss this at this time. He wants the changes explained at a future date. Secretary Spader also stated that there were a lot of changes going on. John Jackson commented that the windows were slightly different and some interior walls were moved. Ray Savacool said you need to be cautious – sometimes the changes negate the approval and they would have to come back – you have to be careful. John Jackson said he will present it at a future date.
Motion by Vice Chair Reynolds, second by Secretary Spader to memorialize application #2019- 22 – Joe/Lorraine Gankiewicz – 121 Randall Ave – with conditions
In favor: Reynolds, Spader and Kelly
Opposed: None
Application #2019-32 – 1617 Beacon Point LLC c/o Edwin Garino – 1617 Beacon Lane – Block 179.03; Lot – 5.12 – Applicant wishes to construct a roof over the existing raised paver patio.
Ed Garino, applicant, sworn, explained his request, has elevated paver deck and it is too hot – even with the retractable awning.
Secretary Spader questioned why there isn’t a railing – it is high off the ground? Chairman Struncius believes that this surface is already impervious and should have been included in building coverage. Applicant has owned home for three years – elevated patio was already there. Ray Savacool agreed. Vice Chair Reynolds questioned calculations. Ray Savacool explained that the applicant owns to the middle of the road because it is a private lane.
The Board requested that a railing be installed. Ray Savacool stated that it will be a requirement. Mr. Dixon questioned if the deck was built with permits. Ray Savacool does not know. New roof will have gutters.
Deliberations
Spader- Will support with conditions
Kelly – Seems to be a reasonable request. In favor
Reynolds – Agree it is a reasonable request – Believe that the deck is not impervious.
Dixon – I don’t have much of a problem with it – just make sure that the roof you are putting on is on an angle and not flat so that it all of a sudden doesn’t turn into a deck.
Schneider – I don’t see a negative impact.
McGee – Don’t see any issues with it
Struncius – The only issue is going from 32% building coverage to 37% building coverage – I think because of the height of the deck and the stone that it should have already been considered building coverage – so I think our change is less than it seems. Aesthetically a nice addition for usability – we know the architect and her work it top notch and we see that in what is represented.
Conditions
- Patio/deck will remain open
- Applicant will install railing.
- Gutters and liters will be installed.
Motion by Vice Chair Reynolds second by Secretary Spader to approve application #2019-32 – 1617 Beacon Point LLC c/o Edwin Garino – 1617 Beacon Lane – Block 179.03; Lot – 5.12 with conditions
In favor: Spader, Kelly, Reynolds, Dixon, Schneider, McGee and Struncius
Opposed: None
Application approved with conditions
Application #2019-25 – Charles Morse – 7 Pilgrim Pathway – Block 121; Lot 18.04 – Applicant wishes to construct a new FEMA compliant single-family dwelling.
Charles Morse, applicant, sworn, stated that he wants to build a new house with parking underneath. Mr. Schneider inquired if house is on the same footprint. (Yes)
Vice Chair Reynolds inquired about the roof top deck. The applicant stated that it isn’t a roof top deck and that the roof has a slight pitch – the railing is for aesthetics. Chairman Struncius inquired if the applicant new about the height requirement and the second story not being allowed. (yes)Ray Savacool said the second story does not meet the half story requirement. Mr. McGee inquired about access to the widows walk. Mr. McGee inquired if the mechanicals were located on the second floor would that change the calculations. (yes) Vice Chair Reynolds said if they were moved upstairs it would change the habitable area. Charles Morse explained the reason for leaving the footprint is because there is a shared driveway and if the house was moved the parking would be lost. Ray Savacool is concerned with being able to navigate a car in the limited space – questioned is there more room to navigate with new house. (Yes) Vice Chair Reynolds stated that parking is nice to have but not a necessity. Ray Savacool stated that you could lower the first floor and not affect the flood elevation. Mr. Dixon said maybe you can lower the house and have the garage around 7 feet in height. Chairman Struncius directed the applicant to make some adjustments to come into compliance with the 1 and ½ story and bring the height down.
Audience questions/comments
Phil Coffin, 6 Pilgrim Pathway – owned house for 15 1/2years; love the neighborhood and have concerns about the new house. Worried about loss of light/air flow and privacy. Concerned about the parking lot on the other side which just sold will also now be a house. Also, concerned that if the structure moved forward that no emergency would be impeded from access.
Laura Messina, 6 Pilgrim Pathway, very appreciative of the neighbors, just concerned with the size of the proposed structure – they share a driveway – there is a give and take.
Michael Cipaletti, 108 Ocean Avenue – side of his property located on Pilgrim Pathway – read from Master Plan, page 7 – the intent to preserve the existing character of the bungalow area. 16-foot height has been abandoned to 25 feet in height. Concern is things that have already been mentioned – the empty lot that has been sold is 1.3 feet from this structure – once one house gets approved the next one will follow suit. Concerned emergency vehicles cannot enter – Mr. Schneider stated that is a current situation. Also concerned about the roof top deck. Ray Savacool stated the railing will be removed and the slope of the roof adjusted.
Lori St. George – neighbor – questioned where the a/c unit would be located. Appreciates the applicant keeping the footprint. Questioned the grading and where the water will go.
Motion by second by to carry application #2019-25 – Charles Morse – 7 Pilgrim Pathway – Block 121; Lot 18.04 – to September 19, 2019 without notice
In favor: Spader, Kelly, Reynolds, Dixon, Schneider, McGee and Struncius
Opposed: None
Application carried without notice
Application #2019–26 – AAB Properties LLC – 159 Baltimore Avenue – Block 141; Lot 1 – Applicant wishes to construct a new FEMA compliant single-family dwelling.
Mr. Kelly has stepped down from this application.
John Jackson, attorney for applicant, reviewed application and requested variances.
Rui Amara, Professional Architect, sworn, credentials accepted, reviewed plan. Corner lot, two story entrance, house recesses around corner. Side view facing Yale has been given a little character. Color will be two tone gray – stone veneer as base. 4 car garage – Elevator located in corner of house.
Mr. Reynolds questioned reducing the decks to bring it closer to 30% building coverage. Mr. Schneider questioned reducing the decks to eliminate rear set back variance or bring it closer to compliance. Chairman Struncius questioned the roof top deck and the pitch of the roof. Chairman Struncius stated that there could be a roof line. Questioned the square footage of the roof deck. (about 300 square feet) Secretary Spader stated that voices carry – this deck is a potential problem – looks like a party area. Mr. Dixon stated the third-floor deck should be reduced to 2 chairs and a table. Applicant agreed to reduce the third-floor deck. Vice Chair Reynolds also wants the rear yard decks reduced. Bill Rebello, applicant, sworn, stated that the decks can be reduced.
Audience questions of Architect
Marie Mylode, 200 Yale Avenue – questioned the rear deck and location in reference to her dining room window.
Michael Sirchio, 163 Baltimore Avenue – questioned setbacks. (New house will be one foot closer to Baltimore) Questioned draining and grading.
John Buletza, Professional Engineer/Planner, sworn, credentials accepted, reviewed engineering plan and Board Engineers letter. Stated the home is not out of character in the neighborhood with the smaller front yard setback – believes the setback on Yale is not a detriment to the neighborhood.
Audience questions of Engineer
Marie Mylode – questioned the pilings. Pilings are not required.
Michael Sirchio, 163 Baltimore questioned if this project will affect the flooding. (No) Draining and grading is addressed prior to building. Lowest floor is two feet above water table. Chairman Struncius stated that they did their soil boring test – not this applicant’s job to fix flooding that has existed for years.
John Jackson closing statement
Conditions
- Reduce roof top deck to hold 2 people and a table.
- Reduce rear yard decks to approximately 3 feet
- Provide revised architectural prior to memorialization.
- Home will be Harty board or cedar impressions.
Deliberations
Spader – No question corner lots are difficult – initially concerned – adjustments were made – once constructed nothing you can do – conditions – roof top deck is now like a little balcony – something you would see off a master bedroom – I find it very acceptable now. Previous home always meticulous but times change. I find it helps the building stock in the area.
Reynolds – corner lots a challenge – with the changes made to decks – now it will just be a couple up there – beautiful home.
Dixon – Architect did a good job designing this home – there are a lot of ins and outs so it is not just a flat wall. Have no problem with this application. The engineer had some good points on how all the houses are closer to the road. The flooding concern that Mr. Sirchio has is a county problem and that he should go to Mayor and
Council.
Schneider – Well designed FEMA compliant house – the adjustments of making the rear deck smaller, eliminating some of the variances and reducing the roof top deck to a balcony – good for the neighbors. I understand Mr. Sirchio’s concerns but this house has nothing to do with it. He should address Mayor and Council. Great design.
McGee – I agree – beautiful home – commend the applicant for making the changes we asked him to make as far as the third floor balcony – we all get kind of worried about that for good reason – I am sure that you will not be out there with 30 people partying but one day you might not live there – other than that it is a beautiful home – I like the reverse living – I look forward to seeing it.
Struncius – Anytime we see these renderings I remind myself how different it is from growing up here for the last 50 some years – it is part of what Sandy brought for us – these spaces under house to park cars and to do things – to become flood compliant – though I understand, reservation when we see these things happen but it is the times of where we are at to make things safe from a flood point of view – especially the home that is being built so close to a body of water – I mean the lake is across the street and the ocean is right there – that is why they go up – here the corner lot does again guide us to have some leniency for the setbacks – they do have the ability to build on their own lot – someone building on their own lot does not create a worse flood condition – actually it should help the situation by being able to be examined by the professionals who are coming in there to do the right analysis – you do have a fresh chance to look at drainage and look at how things happen – from a safety point of view and a aesthetic point of view and the fact that the applicant did bring things down from the decking point of view – in what may be very close to the building coverage now in that 30% range – very positive about this application.
Motion by Mr. Dixon, second by Mr. McGee to approve application #2019–26 – AAB Properties LLC – 159 Baltimore Avenue – Block 141; Lot 1 with conditions
In favor: Spader, Reynolds, Dixon, Schneider, McGee and Struncius
Opposed: None
Application approved with conditions
Application #2019-29 – John/Thea Smyth – 313 Yale venue – Block 155; Lot 8 – Applicant wishes to construct a new FEMA compliant single-family dwelling with in-ground swimming pool.
John Jackson, attorney for applicant, reviewed application and requested variances – stated that the applicant will install paver driveway and sidewalks to bring impervious coverage near compliance.
Verity Frizzell, Professional architect, sworn, credentials accepted, reviewed plan. Height, front yard setback and impervious. House needs height variance because she did not realize when designing the house there was a three-foot free board requirement so she had to raise the house two feet. A-3 Power Point A-4 Giordano plot plan. There is a right of way located in rear yard shown on entered plot plan. Ray Savacool stated it is an access for 6 houses and pretty well packed. Materials – driveway/walk way will be changed to pavers and impervious will be 50.4% – 36.11 above curb in height – 25.77% in building coverage. Siding will be lP smart side synthetic siding material (Similar to hardy plank), shake treatment in the gables for a variety, siding brought down to base flood elevation so it covers most of the foundation but does not go under base flood. Chairman Struncius stated that unlike his last case this house does not have the corner lot hardship – you can build a home and still meet the setbacks on a lot this size – so just making that statement. Chairman Struncius is concerned he does not have a prospectus – he cannot tell what it looks like – cannot see the ins and outs. Verity Frizzell stated the front door faces Dartmouth.
Deliberations
Spader – I like the idea of the double lot with one house. Lots of room – it is on a street with a football field and playground on the other side. Nice start for a developing area of town. Supports application
Kelly – I think it is going to be wonderful on that corner. It might motivate some of the people in that area to upgrade their house.
Reynolds – Being on a corner lot is a detriment – it will be a nice home – fit in there nicely – lot is big enough –
Dixon – Looks like a nice home – nice addition
Schneider – Very nice design – good addition to the area –
McGee – Beautiful home – great addition to the area.
Struncius – aesthetically beautiful – I think it fits the lot nicely – didn’t use up all of the buildable space – the height is de minimis on that size of a lot – I do not think it will be detrimental. Minimal impervious variance – good application.
Conditions
- Driveway and walks are to be pavers installed in sand.
Motion by Mr. McGee, second by Mr. Dixon to approve application #2019-29 of John/Thea Smyth – 313 Yale venue – Block 155; Lot 8 – with conditions
In favor: Spader, Kelly, Reynolds, Dixon, Schneider, McGee and Struncius
Opposed: None
Application approved with conditions
Meeting adjourned at 10:55pm
Attest: Karen L. Mills
Clerk of the Board.
