Borough of Point Pleasant Beach The July 16, 2020 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, Vice Chair Reynolds, Mr. Schneider, Mr. Dixon, Mr. Pasola, Mr. Loder, Mr. McGee, and Chairman Struncius
Absent – Spader, Davis and Crasper
Minutes to memorialize
Motion by Mr. Kelly, second by Mr. Pasola to memorialize the minutes of May 21, 2020
In favor: Kelly, Dixon, Pasola, Schneider, Reynolds, Loder and Struncius
Opposed: None
Motion by Secretary Schneider, second by Mr. Kelly to memorialize the minutes of May 28, 2020
In favor: Kelly, Dixon, Pasola, Schneider, Reynolds and Struncius
Opposed: None
Resolutions to memorialize
Motion by Vice chair Reynolds, second by Secretary Schneider to memorialize the action and vote approving application #2020-09 –of Michael Traina at 300 Atlantic Avenue –with conditions
In favor: Kelly, Dixon, Reynolds, Schneider, and Struncius
Opposed: None
Agenda
Application#2020-13 – Dom Calandriellos – 205 Randall Avenue – Block; 130 Lot: 22 – Applicant proposes to build new FEMA compliant house which will require a front yard setback variance for 20 feet where 25 feet is required. Applicant is also looking for setback variance for the pool.
John Dixon has recused himself from the Calandriello application.
Jacqueline/Dominick Calandriello, applicants, sworn.
Dominick Calandriello reviewed his application. Looking to build their retirement home and install a pool.
Michael Moritz, Professional architect, credentials accepted, reviewed the elevations and explained the requested variances and the reasons they are needed. The riparian lot area was removed from the calculations which increased the building coverage to 33.1% (238 square feet). Ray Savacool commented on the lot calculations.
Secretary Schneider questioned if the house will be built on the same foot print. (No)
Michael Moritz stated that they reduced the 2nd floor to comply with the 85% rule. There is no habitable space in the attic. Mr. Pasola questioned why they have a 21-foot driveway where 16 is required. Applicant agreed to reduce the driveway to 16 feet which has to be approved by Mayor and Council. It will be a shingled style home. (PVC shingles) Traditional asphalt roof with dark finish. Chairman Struncius asked to get the third-floor height clarified. Mike Moritz stated that it is between 4 and 5 feet. Ray Savacool stated there will be no bonus room. Ray Savacool inquired about landscaping plan. Front of home will be pavers/walk way to entry/ stepping stones down the left side. Right side will have plantings and stone.
Vice Chair Reynolds questioned with an oversized lot was it ever considered to make a conforming structure. Mike Moritz stated that they thought they could include riparian rights. Vice Chair Reynolds said it also includes a front yard setback variance. Mr. Pasola agrees with Vice chair Reynolds – questioning the fact that it is an oversized lot.
Mr. Loder is now in attendance.
Audience Questions/comments
Norman Myscka – 203 Randall – have been neighbors for a while and they are tremendous neighbors and believe it will be a tremendous addition to the neighborhood. Fully support the application.
Conditions
- Curb cut not to exceed 16 feet.
- Should be constructed as shown to the board at the time of the hearing.
- Attic not to be habitable.
- Landscape plan should be submitted to the board engineer for approval.
- Pool will now comply with setbacks.
Deliberations
Kelly – This looks like it is going to be one of the nicest and last large home around the lake. This will be one of the lowest and biggest houses on the block. I believe it is going to be an asset.
Schneider – Randall Avenue was hit pretty hard with Sandy; it is a beautiful house. I am glad they removed some variances. Almost every house on Randall does not have a 5-foot setback; it is a beautiful design and I am all for it.
Reynolds – First the rendering of the house is beautiful. We need to see a hard ship for a variance and I do not see one; the lot is oversized so we are starting from a clean slate and I would like to see something that does not require a variance and no reason not to meet the local ordinances.
Pasola – It is a beautiful house; it will be an asset and I do agree with Mr. Reynolds – it is not going to make me vote against it but I wish they complied because I do not see a hardship.
Loder – I was down at the property and took a look – in alignment with what Mr. Reynolds has said – so many times people are looking for dispensation without knowing what the rules are to maximize revenue and we should not be allowing homes to be built to be rented. If I was voting I do not know where I would stand – you should know the rules before you design it.
McGee – It is a beautiful home and will improve the area. We are removing concrete and improving impervious. I see where my colleagues are coming from with a lack of conformity. On the fence right now.
Struncius – My thought on the setback is they took a look at the other homes on the block. If the setback conformed it might look a little strange. This setback puts it in alignment with the other homes on the block. We can’t look at a percentage of building coverage – when they did their calculations, they misunderstood and included the riparian rights – I always have consideration when their backyard is a lake. The overage is staircase and mechanicals and a deminimis overage for the aesthetic values we are getting. Fully support what I see- it is beautiful and on a body of water.
Motion by Mr. McGee, second by Mr. Kelly to approve application #2020-13 of Dom Calandriellos at 205 Randall Avenue – Block; 130 Lot: 22 – with conditions
In favor: Kelly, Schneider, Pasola, McGee and Struncius
Opposed: Reynolds
Application approved with conditions
Application 2020-04 – Korzeniowski Trust – 1 Delaware Avenue- Block 8 Lots 1 & 7 – Applicant wishes to construct a new FEMA compliant single-family dwelling which will require Front and rear yard setback variances.
John Jackson attorney for applicant, reviewed request. Power Point entered as A-3. John Jackson stated the hardship of a corner lot is the beach being the frontage. Variance relief being associated with the topography of the lot. We are not seeking a height variance.
Ray Savacool stated the house will be constructed to “V” zone standards.
John Jackson commented that their will be parking for 6 cars. We believe that variance relief can be justified under C2. The home meets the 85% rule and will be aesthetically pleasing.
Charles Lindstrom, Professional Engineer, credentials accepted, reviewed the plans. This is the first home on this street and will be constructed in the “V” zone. Charles Lindstrom reviewed the topography of the property. The house will front the beach. Dennis Galvin commented that a street needs to be the frontage; the ocean is considered the rear. Mr. Dixon questioned the shared garage. John Jackson explained the agreement with the neighbor.
Proposing front yard setback of 6.3 feet where 25 foot is required. We cannot move the house to the wider part of the lot because of the dune. Lot depth is 50 feet where 100 feet is required. Rear yard is another variance – we have 5.5 feet where 30 feet is required. Garage height is 14.1 feet – it is a little lower that what is allowed. Charles Lindstrom stated there are numerous hardships and believes hardships are driven by topography. (lot depth – CAFRA restricts buildable area).
Mr. Dixon questioned size of previous house. Ray Savacool brought up previous structure on historical Google Earth dated September 2010 and stated house had substantial damage during Sandy. Charles Lindstrom commented that the previous house and new house are similar in size. John Dixon questioned if they had thought about making a smaller house. (No)
John Jackson stated there are numerous reasons to approve a house under the MLUL. Charles Lindstrom believes that the rendering speaks for itself and believes under C2 that it meets the criteria – a. To guide appropriate use; securing safety from fire, flood and disaster. Exceeds FEMA elevation requirements. Provides adequate open air and space. E. Promotes establishment of appropriate density and preservation of environment. I. Promotes appropriate desirable visual environment. Believes these variances can be granted without detriment.
Mary Ortman, Professional architect, sworn, reviewed plans. Mary Ortman reviewed floor plan and elevations. Mr. Dixon inquired if there is an ordinance prohibiting two driveways. (Yes).
Tracy Perrini – 1906 Beacon Lane, neighbor, sworn, explained the shared garage. Has owned their home since 1978 and the garage is recorded in the deed. They would like to keep the shared garage.
Conditions
- The house is to be constructed as described at the time of the hearing.
- The applicant is to supply a copy of CAFRA permit.
- Breakaways are to be tethered
- Landscaping plan is to be provided to board engineer
- One curb cut for existing garage (23 feet) and second curb cut of 16 feet for new structure.
Deliberations
Kelly – Compliment Mary on design of the house and Charles Lindstrom on the engineering and presentation. Fine with two curb cuts.
Dixon – Obviously it is a beautiful home. I do have concerns with all the setbacks. Two curb cut thing is fine with me. House is too big for property.
Schneider -Two curb cuts ideal situation – beautiful house – unfortunately odd sized lot. Home is squeezed in the property. Living space is 3,000 square feet – not ostentatious for an ocean front house. Not obstructing anyone – in favor.
Pasola – I agree with the two curb cuts. Home will be beautiful there – I do see the hardship. In favor of application.
Loder – Excellent presentation by the professionals. I see the hardships as the lot depth and the CAFRA issues – safer home. Only 3,000 square feet. Leaning in favor
Reynolds – Kudos to the professionals. Engineers presentation was spot on. We see homes that are stuck in neighborhoods that look they do not belong but this one will look like it has always been there.
Struncius – Two curb cuts where no one can park – not losing on street parking – hardship is the orientation of the lot – hard to build front to back – designed home in the only logical way they could. Here with the ocean front property you have a lot of open air and space and not creating any hardships on the neighbors. The fact that you are getting the aesthetic value and safety value – fully in support of this application.
Motion by Mr. Loder, second by Vice chair Reynolds to approve application #2020-04 of the Korzeniowski Trust – 1 Delaware Avenue- Block 8 Lots 1 & 7 with conditions
In favor: Kelly, Reynolds, Schneider, Pasola, Loder and Struncius
Opposed: Dixon
Application approved with conditions
Application 2020-08 – Ivychest Realty LLC – 1703 Beacon Lane – Block 11.01 Lot 4.06 – Applicant wishes to raise roof for a third floor and enclose rear deck.
Mr. Pasola has left the meeting.
Thomas Defelice, attorney for applicant, reviewed applicant’s request. Applicant is adding dormer to third floor to get habitable space on the third floor and enclosing the rear porch. There is no foot print addition to the existing structure, only the building coverage is increasing because of the back-deck enclosure. Tom Defelice reviewed the Board engineers review letter.
The Board has some specific questions to the calculations.
At this time Thomas Defelice does not have the correct calculations and has requested to be carried to the next meeting.
Thomas Defelice has waived the time for this matter to be heard.
Motion by Vice chair Reynolds, second by Mr. Loder to carry application 2020-08 of Ivychest Realty LLC – 1703 Beacon Lane – Block 11.01 Lot 4.06 – to July 23, 2020 without notice.
In favor: Kelly, Dixon, Reynolds, Schneider, Loder and Struncius
Opposed: None
Application carried without notice.
Application #2020-11 – Janine/Michael Badore – 25 Arnold Avenue – Block 99/Lot 8 – Applicant wishes to expand a non-conforming structure by constructing a second-floor deck on the 2nd floor unit.
Carlton Kromer, attorney for applicants reviewed application. Applicants are requesting to add open deck. Deck will continue with coastal character of home. The deck will not violate setbacks or building coverage. The addition of the deck will add to the aesthetics of the property. The photo depicts the doors for access to the deck already.
Mike Badore, applicant, sworn, stated the intent was to build the deck but found out we needed a variance. Deck will be constructed out of fiber glass with cable railings.
Audience questions/comments
Warren Waxman, 27 Arnold Avenue, sworn, owns rental property next door and has no concern over this deck. Improvements are extremely positive.
Michael Badore did not realize that they would need a variance for the deck so they added the access doors when the siding was added.
Ray Savacool stated the burden of proof is that the expansion will not have a negative effect.
Deliberations
Kelly – I believe it will fit nicely and be an asset to the property.
Reynolds – I understand why we are here – the deck itself will be a nice addition -no issues
Dixon – Opportunity to stop by the property – 100% that is better than what was there. The deck looks like a natural fit.
Schneider – If it was not a two family you would not be before us. I think it is a good addition
Loder – Looked at the property – you have done a great job fixing it up. No negative impact on the neighborhood – it is deminimis.
Struncius – I think it looks great. You went through the steps of what happens – architecturally fits – gives a nice use and aesthetic to the 2nd floor tenants there. I look favorably on it.
Motion by Mr. Dixon, second by Vice chair Reynolds to approve application #2020-11 – Janine/Michael Badore – 25 Arnold Avenue – Block 99/Lot 8 – with conditions
In favor: Schneider, Dixon, Reynolds, Loder and Struncius
Opposed: None
Application approved with conditions
Meeting adjourned at 10:15pm
Attest: Karen L. Mills, LUA
Clerk of the Board
