Borough of Point Pleasant Beach JANUARY 17, 2019 REGULAR MEETING
The January 17, 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: Mr. Spader, Mr. Kelly, Mr. Reynolds, Mr. Schneider, Mr. Dixon, Mr. LePore, Mr. Davis, Ms. Crasper and Chairman Struncius
Absent – Mr. DePolo and Mr. McGee
Varosi request to amend resolution #2008-30 – Letter read into the record – Ray Savacool explained the Condition stated that the homes on Baltimore Avenue are not to exceed 32 feet. Since then we had Super Storm Sandy and now there is a three foot free board requirement. Now it is flood elevation 9 with a 3 foot free board. Requesting 32 feet from the BFE. Vice chair Reynolds stated that the request is to allow what is approved by ordinance.
Motion by Mr. Schneider, second by Mr. LePore to amend resolution 2008-30 to allow the homes to be 32 feet above BFE.
In favor: Spader, Dixon, Schneider, LePore, Davis and Reynolds
Opposed: Kelly
Application #2018- 23 Anthony LoSchiavo – 114 St. Louis Avenue – Block 155; Lot 15 – Applicant relocated existing shed over property line and pool and fence was accidentally located in wrong location due to inaccurate survey.
(Carried without notice from September 20, 2018)
Mr. Spader and Mr. LePore have listened to the audio from the previous meeting and signed certifications so they will be able to vote on the application.
Adam Steuerman applicant’s attorney, reviewed the previous meeting and the requests from the board. Adam stated that the applicant will comply with moving the fence onto his property. Referenced A-3 – Burdick’s plot plan – showing shed whose eve over hangs the neighbor’s property line. Applicant will relocate fence but request a variance for shed location so he will still be able to park a car.
Vice Chair Reynolds found that it is not necessary to relocate the existing pool because it does not have a substantial negative impact on the surrounding property. The Board concluded that moving the fence located on the south side of the property was a good compromise.
Mr. Schneider found that the property backs up to a lane which creates a unique condition. If the shed were to be moved to a conforming location it would limit access to the property.
Mr. LePore stated it would be impractical to move the pool and that both requests are due to existing conditions that are unique to this location.
Mr. Spader determined that a hardship exists on this site.
Deliberations
Spader – The professionals are the one that made the mistakes – they should have insurance to cover moving the pool. Not a major event. Not so concerned about going into the easement. Under the circumstances willing to go along.
Kelly – No problem with the pool – don’t want you incurring a massive bill to move the pool. Move the shed a little not to encroach.
Dixon – There was a survey problem – as far as the fence – it is being moved. Would like to see the shed a little more than 6 inches. The easement is a civil matter.
Schneider – Agree with the other gentleman. Moving the pool is a big messy job. You are moving the fence and shed.In favor – You are willing to compromise.
LePore – Concur with most everything so far. Last time this matter was heard you were getting another survey. How do you know which is correct. (new survey received)
Davis – With respect to the pool there does not seem to have a negative impact on the zone. Does not create a safety issue. With respect to the shed – any court or police officer is going to tell us that not knowing the rules are a reason to violate them. If you do not have room for the shed you either request a variance or live without the shed. Why is 6 inches of movement not an impact to the zone. Should eliminate the shed.
Reynolds – Pool is a diminimus issue – fence back on property – 6 inches movement to get off of neighbor’s property. Willing to overlook shed.
Motion Secretary Spader by second by Mr. Schneider to approve application #2018- 23 Anthony LoSchiavo – 114 St. Louis Avenue – Block 155; Lot 15 with conditions
In favor: Spader, Kelly, Schneider, Dixon, Lepore and Reynolds
Application approved with conditions
Conditions
- The south side fence is to be moved to the property line.
- The shed is to be moved so that it no longer encroaches into the property on the north side.
- If the fence along the easement is ever replaced, then it must not be located on the easement.
- Unless the shed is placed in a conforming location, it may not be increased in height. The shed is 7 feet tall.
Attest: Karen L. Mills, LUA
Clerk of the Board
