December 6, 2018

December 6, 2018 BOA minutes
 
The December 6, 2018 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:  Mr. Kelly, Mr. Reynolds, Mr. Reilly, Chairman Struncius, Mr. Dixon, Mr. Davis, Crasper and McGee
Absent –   Spader, Schneider and DePolo
Memorialize minutes –
 
Motion by Vice Chair Reilly, second by Mr. Dixon to memorialize the minutes of October 25, 2018 –
 
In favor:  Kelly, Reilly, Dixon and Crasper
Opposed:  None
 
Motion by Mr. Davis, second by Mr. Dixon to memorialize the minutes of November 1, 2018
In favor:  Kelly, Reilly, Dixon, Davis and Crasper
Opposed:  None
 
Approval of 2019 Meeting
Motion by Mr. Kelly, second by Vice Chair Reilly to approve the meeting dates for 2019
In favor:  Kelly, Reynolds, Reilly, Struncius, Dixon, Davis and Struncius

Opposed:  None
Memorialize Resolutions

Motion by Vice Chair Reilly, second by Mr. Kelly to memorialize the action and vote approving Application 2018-26 of Rosilli-Mitchell 317 River Avenue with conditions

Motion by Vice Chair Reilly, second by Mr. Kelly to memorialize the action and vote approving application 2018-15 of Ocean 103 Equities – 1105 Ocean Avenue with conditions

In favor – Kelly, Reilly and Dixon
Opposed:  None

Motion by Vice Chair Reilly, second by Mr. Dixon to memorialize the action and vote approving application 2018-25 of Ocean 103 Equities – 103 Philadelphia Avenue

In favor:  Kelly, Reilly and Dixon
Opposed:  None

Application #2018- 05 – Point Pleasant Packing, Inc i/c/o – Daniel Cohen – 205 Channel Drive – Blocks 172/173 : Lots 1,5, & 5.01/1, 2 & 2.01 – Applicant wishes to reconstruct existing fishery and make 2 stories and erect a new 109 room hotel/restaurant and banquet facility supported by parking and associated site amenities.
 
Motion by Mr. Reynolds, second by Vice Chair Reilly to carry application 2018-05 of Point Pleasant Packing to March 7, 2019 without notice.

In favor: Kelly, Reynolds, Reilly, Dixon, Davis, Crasper and Struncius
Opposed:  None
Motion to carry without notice approved
 
 
Application #2019 – 02 – John/Kathleen Gabrielli – 210 Washington Avenue – Block 19; Lot 6 – Applicant wishes to demolish existing family dwelling and construct a new FEMA compliant single family dwelling.  Variance is for lot width of 45 feet. 

John Jackson attorney for applicant, stated that it is a straight forward application. Everything is to code except the lot is undersized.

Jason Marciano Engineer reviewed plans. No loss of on street parking.

Deliberations

Kelly – Straight forward situation. Curb will have to be replaced – in favor

Reynolds – undersized lot – nothing you can do about it. You should be commended that there are no variances.

Reilly – Agree – Straight forward and simple

Dixon – Nothing to add – nice looking home that fits in the area – FEMA compliant replacing an older home

Davis – Double down on what John says

Crasper – Agree with rest of the board – modest home that meets all setbacks

McGee – Agree beautiful home – neighbors will be happy

Struncius – nothing more to add

Condition
 

  1. No loss of parking space

 
Motion by Mr. Reynolds, second by Vice Chair Reilly to approve application Application #2019 – 02 – John/Kathleen Gabrielli – 210 Washington Avenue with condition

In favor: Kelly, Reynolds, Reilly, Dixon, Davis, Crasper and McGee
Opposed: None

Application approved with condition
 
 
Application #2018-24 – Jay/Elizabeth Curtis – 118A Randall Avenue – Block 149; Lot 36.02 – Applicant wishes to lift existing single family dwelling and adding second floor.
 
John Jackson, attorney for applicant stated that the Power Point Presentation entered as A-3. John Jackson stated that they are not changing the footprint, they are just adding a story which will make it consistent with the other homes on the street.

Jason Kociuba, KBA Engineering, credentials accepted, gave an overview of the lot. Shed will be removed and reduce the building coverage to 38.4% and impervious coverage will be 57.8% (pre-existing condition). Height of the home will be 4 feet lower than the height requirement. Parking will be provided in the rear and accessed through easement in the rear.

Mr. Kelly stated that the original homes were bungalows and did not have a hardship. The hardship is created because someone wants more.

John Jackson commented that this area has its own character and style. It is a different area than the bungalow section.
 
Jay Reynolds questioned the parking. They are adding two parking stalls in the rear.

Paul Grabowski, Professional architect, credentials accepted, reviewed his rendering. Existing home is only 20 feet wide so it made sense to go up. Looked in neighborhood to keep in character with what has been done already.   Sacrificed a bedroom downstairs to get a legal staircase. Pull down staircase to access attic; home has outdoor shower. Roof pitch is 12 on 12 – home is still lower than neighboring homes.
 
Jay Curtis, applicant, sworn, stated he has owned the property the year prior to Sandy. He renovated right after the storm and then saw all the other homes having two-stories. Would also like to have the additional space so his family can enjoy the home. 

Deliberations

Kelly – Very happy with the conditions and it is a nice looking place – another positive change. Parking in the rear will be a plus.

Reynolds – Keeping it at a modest height – adding parking spots. Fine job

Reilly – Very well thought out – will fit Randall Avenue very well.

Dixon – It is a SF5 zone and does fit in the area –  but the setbacks are small and building the home even taller will intensify the setback. Believes it should be restricted to one story.

Davis – Reserve judgement at the moment – would appreciate the expansion to my question on the hardship on the non-conforming lot. Kerry Morgan, esq replied that it is not a real hardship. If you look at the other buildings on the street the other homes have been expanded. Ray Savacool stated that all applications are heard on their own merit – hardship is usually the shape of the lot. The lot is undersized for the SF5 zone. The applicant does not have a hardship because of the size of the lot they have a hardship because their house is too big. Mr. Davis is struggling with the ability to say yes.

Crasper – the footprint has not changed – shed being removed – 2 parking spaces which is a plus.

McGee – 2 added parking spaces is huge. Keeping up with the evolving area.

Struncius – As Ray stated it is how you are working with the lot. Are you exasperating the conditions? – do not see that – you are maintaining the footprint. The development on the street is similar – it is a modernizing of things. See it as an improvement with conditions.

Motion by Vice Chair Reilly, second by Secretary Reynolds to approve Application #2018-24 – Jay/Elizabeth Curtis – 118A Randall Avenue with conditions
 
In favor:  Kelly, Reynolds, Reilly, Dixon, Davis, Crapser and Struncius
Opposed:  None

Application approved with conditions
 
Conditions

  1. Shed will be removed to allow for parking.
  2. Fire Code compliant.

 
Application #2019-05 – Robert J. Civile – 219 Baltimore Avenue – Block 126; Lot 2.01 – Applicant is renovating existing single family dwelling and filling in basement. Existing structure is not at BFE.

Robert Civile, applicant, sworn, stated that his architect was not able to attend. Here to request a variance for BFE requirement. He explained how he got into this situation. He had applied for the REM program and they thought he didn’t have much damage (2 feet of water in basement). He withdrew his application – in 2016 REM reached out to him – he filled out the app and is filling in the basement and adding flood vents and he was told he did not have to raise his house. He was told to move his mechanicals.  Not seeking any height restrictions

Chairman Struncius questioned Ray Savacool if approving this would affect our town flood rating. Ray was not sure, but the applicant is FEMA compliant just not compliant to our town ordinance.  None of the first floor is below FEMA requirement, but he is below the town’s freeboard requirement.
Robert Civile, stated he has been out of his home since February. Will make all mechanicals compliant and will make the furnace compliant.
 
Deliberations
Kelly – Understand your struggle – there has been constant requirement changes. I appreciate your situation
Reynolds – I agree – it is what it is – it is above FEMA regulations. If you handled the permits differently we wouldn’t even be here.
Reilly – Agree with Mr. Reynolds – We are talking 6 inches and considering all the confusion.
Dixon – Agree with the members – see if you can move that furnace.
Davis – I fully concur with what has been said
Crasper – Ditto
Struncius – Agree with Mr. Reynolds – we are moving the furnace to 12 feet – take the extra precaution. I look at the multiple permitting aspect of it.   I have to look at 6 inches as diminimus in this case – process and timing confusing. Board is reaction by putting mechanicals at 12 feet and compliant flood vents.

Conditions

  1. The basement shall be filled in.

 

  1. All mechanicals and the furnace, in particular, shall meet the required Base Flood Elevation plus the Free Board Requirement of the Borough of 12 feet. All of which is subject to the review and approval of the Borough’s Construction Official.

 
Motion by   Secreatary Reynolds, second by Mr. Davis to approve application #2019-05 – Robert J. Civile – 219 Baltimore Avenue with conditions
 
In favor:  Kelly, Reynolds, Reilly, Dixon, Davis, Crapser and Struncius
Opposed:  None

Application approved with conditions
 
 
 
Meeting adjourned at 9:40 pm
 
Attest:  Karen L. Mills
Clerk of the Board