Borough of Point Pleasant Beach The August 20, 2020 Regular Meeting of the Board of Adjustment opened via zoom platform at 7:00pm. The clerk read the notice of compliance with the “Open public meetings act.” Present were Board members: Mr. Kelly, Vice Chair Reynolds, Mr. Dixon, Mr. Schneider, Mr. McGee, Mr. Davis and Chairman Struncius
Absent – Pasola, Loder, Spader and Crasper
Agenda
Application #2020-18 – Margaret Butler – 5 Franklin Way – Block 121; Lot 17.05 – Applicant installing out door shower which encroaches rear yard setback. Proposed pergola and chimney are in front yard.
Dennis Galvin has not yet signed on to the meeting so the board secretary has contacted Hershel Rose from the firm and he will be the attorney for the evening.
James Hobish, attorney at law representing an objecting neighbor stated that he objects to the meeting moving forward with the attorney participating via telephone from his car and not having the benefit of reviewing the file prior to the meeting. The Chairman listened to his concerns but decided to proceed citing that Hershel is a well-versed board attorney.
Sean Gertner, attorney for applicant reviewed application and variances requested. Sean Gertner stated that the lot is irregular and believes they meet the criteria to approve the C1 and C2 variances without substantial detriment to the public good. Construction of a 41 square foot addition to the rear of building; construction of roof top deck over addition.
Brian Berzinkis, Professional architect, sworn, credentials accepted, reviewed the proposed plans. The roof top deck will be 140 square feet and believes that it is aesthetically pleasing and minimizes impact. The addition was set back so it would not create any new variance.
Vice-chair Reynolds questioned if there is a second floor to the addition. (No)
Marked up objectors’ photo as A-3.
Attic space is 3-feet in height with pull down stairs.
Sean Gertner stated that the addition and roof top deck is conforming and does not require a variance.
Mr. Dixon inquired if the addition meets the flood zone requirement. (Yes)
Mr. Kelly addressed the existing outdoor shower – inquired when it was installed? Mr. Kelly stated it keeps you from accessing the rear of the property.
Photo Entered as A-4 – attorney submitted objectors’ photo which depicts shower wall inches from fence.
Brian Bezinkis described the fireplace and its placement.
Photo of bathroom entered as A-5 – depicts view from bathroom.
Ray Savacool commented that the fireplace should be looked at from a zoning perspective. Chairman Struncius replied that the fireplace could be relocated to a conforming location.
Clarification of height – 8 ½ feet height of pergola structure – patio would be 16 inches in height.
Audience questions
Mr. Hobish commented he represents neighbors a 3 Bowling Green. He is concerned with the fireplace and the safety issues associated with it. Children play in that area and it is 5 feet away from a very dry cedar sided dwelling -now the applicant says they will change it and we do not have the revision to review and does not believe it promotes the MLUL. Stated this is a slippery slope.
John Renzulli – questioned if Brian Brezinski measured the shower to the home on Pilgrim Pathway. No because he did not believe the shower was part of the project. (No) John Rensulli stated the distance of the shower to the fence is about 4 to 6 inches.
Mr. Davis questioned the roof top deck in regards to spiral staircase – and questioned the rafter height of the existing structure and why it wasn’t tucked in to relieve the impact on the neighbor. Brian Berzinski replied they are tying in to the existing roof line without going way too high. Mr. Davis stated that the shower creates an access issue to that side of the property. When you have a house in the bungalow zone you know that you have restrictions by the size of the lot.
Hershel Rose requested to leave the meeting since his phone is going dead and requested to adjourn the meeting to a later date.
Laurie St. George – 3 Franklin Way – follow up question in reference to the pavers. Is concerned with drainage issues and the water running down to her property.
Motion by Mr. Dixon, second by Vice chair Reynolds to add the meeting date of August 27, 2020 at 7pm to the calendar,
In favor: Kelly, Dixon, Schneider, Reynolds, McGee, Davis and Struncius
Opposed: None
Motion by Secretary Schneider, second by Vice Chair Reynolds to carry application #2020-18 – Margaret Butler – 5 Franklin Way – Block 121; Lot 17.05 and Application #2020-17 of Dean Esposito at 400 Newark Avenue to August 27, 2020 without notice.
In favor: Kelly, Schneider, Reynolds, Dixon, McGee, Davis and Struncius
Opposed: None
Applications carried
(Carried to August 27, 2020 without notice)
Application #2020-17 – Dean Esposito/Barnegat Bay Home Construction – 400 Newark Avenue – Block 15; Lot 20 – Applicant wishes to build new FEMA compliant single-family home. Applicant is requesting front set back variances for both Newark and St. Louis Avenue.
(Carried to August 27, 2020 without notice)
Meeting adjourned at 8:50pm
Attest: Karen l. Mills, LUA
Clerk of the Board
