Borough of Point Pleasant Beach MINUTES
The regular meeting of the Board of Adjustment opened at 7:45pm. The clerk read the Notice of Compliance with the "Open Public Meetings Act". Present were Board members: Moberg, Simon, Struncius, Cangelosi, Wolfersberger, Tooker, Leonard and Dyer Absent: Palisi
Motion by Mr. Leonard, second by Mr. Cangelosi to approve the minutes of May 19, 2005 meeting.
Vote: Simon, Moberg, Wolfersberger, Cangelosi, Tooker and Leonard……………………………………………………………….Yea
Motion by Mr. Leonard, second by Mrs. Tooker to approve the extension of Resolution#2004-16 of William and Toni Friendly, 1401 Ocean Avenue.
Vote: Moberg, Wolfersberger, Simon, Cangelosi, Tooker and Leonard…………………………………………………………………Yea
Motion by Mr. Leonard, second by Mr. Cangelosi to amend Resolution #2004-24 of Raymond Massucci
Vote: Moberg, Wolfersberger, Simon, Cangelosi, Tooker and Leonard………………………………………………………………….Yea
Motion by Mr. Leonard, second by Mr. Cangelosi to memorialize Application # 2005-02 of John Aleffi, 108 Central Avenue, Block 98, Lot 16.
Vote: Moberg, Wolfersberger, Simon, Cangelosi, Tooker and Leonard…………………………………………………………………..Yea
Approved with conditions
Motion by Mr. Cangelosi, second by Mr. Simon to memorialize Application #2005-07 of John & Nancy Licinski, 112 Sanborn Avenue.
Vote: Moberg, Simon, Cangelosi and Tooker…………………………Yea
Opposed: Wolfersberger and Leonard…………………………………Nay
Approved with conditions
Application 2005-06, Frank Chiaia, White Sands Hotel, 1100-08 Ocean Avenue, Block 29.01, Lot 1; Applicant enlarged existing rooms on first floor by adding a 9’5" x 19′ addition. Two rooms on the second floor were also enlarged with a 12′ 9" x 23′ 6" addition & rooftop terrace/deck. A roofed storage area was constructed between building 300 and 400.
Motion by Struncius second by Wolfersberger to carry Application #2005-06 without notice to the meeting of September 1, 2005.
Vote: Moberg, Struncius, Wolfersberger, Simon, Cangelosi, Tooker and Leonard…………………………………………………………………..Yea
APPLICATION 2004-32, Theresa Hrapsky, 139 Ocean Avenue, Block 149, LOT 19; Applicant wishes to demolish existing dwelling & construct new, two-story, single family dwelling.
Nicholas Montenegro on behalf of the applicant. Hearing is a continuation from October 2004. Lot coverage has been decreased by 3% and the asphalt driveway has been change to pavers. Applicant is looking to build a new single family home. If application were granted, two non-conformities would be resolved. Cangelosi questioned what had been changed to the house. Mr. Montenegro said that the engineer had recalculated the original plans and found the home to be 3% smaller. No actual changes had been done to the drawings. Gordon Gemma, professional planner. Commented that overall impervious coverage will be 47.9%. The engineer went out to the property and recalculated and determined that overall coverage was 33% instead of 36%. No changes were made. The home is now closer to complying with SF5 standards. Gemma commented that the building did not shrink it was just recalculated. The home meets all RR1 requirements. Mr. Montenegro commented that if they were going to meet SF5 standards they would just be 3% over building coverage. Mr. Gemma stated that the property exceeds the standards for parking. Maximum height for the zone is 20 feet. Applicant is year round resident and husband is volunteer fireman. Mr. Gemma stated that if applicant wanted to they could subdivide the property and build two homes and that no matter what was built they would have to comply with the flood zone. They could also build a sprawling ranch and cover 50% of the property in an RR1 zone. Mr. Gemma went on to show pictures of surrounding home and show that they are two-story. Mr. Moberg inquired what the heights of the surrounding properties were. Mr. Gemma said that most surrounding homes were between 28 and 30 feet. Mr. Wolfersberger inquired if the homes height was 33 feet and Mr. Gemma concurred. Mr. Gemma went on to explain the criteria for a "D6" variance. He said the home complies with zone except for the height. He said the home is consistent with homes in the area and has no adverse effect on the neighbor’s. He believes this is an improvement over what exist. Mr. Wolfersberger: You want SF5 height and RR1 lot coverage. You are picking and choosing. Mr. Cangelosi: Bulk of open space is in back of the home. I know bulk of height is located in back of home, but we are sometimes sorry that we did not move the home back. Mr. Dyer: Our concern is the height. Mr. Gemma: On my visual inspection I do not think it will affect the neighbor’s light and air. There are two applicants in audience who have applications who also reside in the RR1 zone and they also want two stories. Mr. Wolfersberger: We are building new homes at 33% where 30% should be required. Hrapsky: House is 1100 downstairs and 1100 upstairs. Sometimes I will have five children with me.
Audience comments:
Marilyn Burke – She is a neighbor of the Hrapsky’s. They are doing nothing but improving the area.
Bill Reilly – 9 Beach Comber Lane. I think when you think it through – the positives have to come out in support.
Marilyn Redder – Sold her the house 12 years ago. She has chosen to beautify Ocean Avenue.
Dave Cavignaro – In favor of application. I realize restriction of 20′ feet height, with 10 foot BFE – trying to build 20 foot home is impossible.
Nick Montenegro: Applicant is willing to make the following concessions:
6 foot by 20 square foot (120 square feet) garage reduction and move house back to eleven feet.
Deliberations:
Struncius: Master plan is out of date. I appreciate one home instead of two. Could be subdivided – denser. Other homes already two-story in area. Attic is deed restricted. You came down to 30%. I would be in favor. Mr. Dyer: Difficult situation. I believe this is better in this area. Will open it up to bring full time residents into the area. I don’t understand deed restriction. This will open it up for others to enlarge their homes. Mr. Wolfersberger: Applicant made some concessions having to do with building coverage and setbacks. If you took this home and stuck it on Harvard it would have to be 25 feet back. I would be in favor. Mr. Moberg: The main building structure is 28 feet off of Ocean. I am in favor. Mr. Struncius: I think the deed restriction is to restrict the second story that usually is not allowed in that zone.
1. Modify application to reduce garage by 120 square feet, Resulting in 30.5% lot coverage and 11-foot front setback.
2. Pool & Shed to meet all ordinance requirements
3. Applicant is to record deed restriction that the area over the garage will not be used for a rental space and will not have plumbing.
Motion by Mr. Wolfersberger, second by Mr. Struncius to approve application#2004-32
Vote: Simon, Moberg, Cangelosi, Wolfersberger, Struncius, Tooker and Leonard……………………………………………………………….Yea
Opposed: None
Approved with conditions
Application #2005-10, William Knapp, 100 Harvard Avenue, Block 132,Lot 1; Applicant wishes to create habitable space on third floor. (Carried without notice)
Mr.Galvin stated that he has Kristine Tooker’s affidavit that she had listened to the tapes of this application.
StevePardes, attorney for applicant. Only one variance sought. Third floor habitable space to house Mr. Knapp’s valuable collection
Leonard Martelli, architect. At the Board’s request we have clarified measurements. First floor is eleven feet. Modified building accordingly. Removed one foot from first floor and one foot from second floor. Mr. Pardes: We had testimony that Mr. Knapp has 700 square feet in Hillsboro for his collection. We had also offered a deed restriction. Mr. Leonard wanted to know what the five windows on the third floor were for. Mr. Martelli said there are for aesthetics reasons. Mr. Leonard said it looks like an apartment. Mr. Martelli commented that Mr. Knapp could have built this without prior approval. They are just requesting the change of use of the third floor space.
No Audience Questions
Deliberations:
Mr. Dyer: Positive- no negative impact to neighbors. I am in favor. Mr. Moberg: What professionals did made it easy. In favor. Mr. Wolfersberger: I think new building is improvement to area. I am still against habitable third floor. Opposed. Mr. Struncius: Another tough one. This goes against the Master plan. Unlike last one, I was more in favor last time. I am afraid of the precedent. If we approve this we will have everyone coming in and asking for habitable third floor space. Not
in favor. Mr. Cangelosi: I agree with both sides of spectrum. It comes down to special needs. I think the house is beautiful. It comes down to a Master plan issue. I think the applicant has gone to great lengths to work with us and limit the usage of the third floor space. I think everyone has value in his or her attic. I could go either way on this application.
Motion by Mr. Leonard, second by Mr. Struncius to deny application #2005-10.
Vote:
Wolfersberger, Struncius, Tooker and Leonard………………….YEA
Opposed: Simon, Moberg and Cangelosi…………………………Nay
Application denied
Application #2005-12, First Baptist Church, 708 McLean Avenue, Block 203, Lot 25; Applicant wishes to construct a new building to provide the Church with classroom space in the lower level and a multi-purpose room with kitchen facilities in the upper level. (Carried without notice)
Chairman Greg Moberg and Board member Kristine Tooker stepped down from this application.
Paul Struncius is acting Chairman. Stated that the meeting will end at 11pm. Steven Pardes appearing on behalf of the First Baptist Church. Pastor John Helm, sworn. He has been the minister at the church for twenty years. He went on to explain that the church needs more educational space. We cannot get all of our church together for fellowship (dinner’s or meetings outside of worship service). Church building was erected in 1888, later part erected in 1927. Basement of church is actually half basement. The sanctuary holds 120 people. The church is used on Sunday from 8am to 1pm. On Friday the Youth group meets from 7pm to 10pm. The church is used approximately 14 hour per week. Objective is not to increase membership. 110 people usually attend Sunday services. Smaller groups use the building during the week. Mr. Pardes inquired if they expect a large increase in usage if application is granted. Mr. Helm replied that he did not. Mr. Helm went on to explain that the basement level would have 8 classrooms including nursery and preschool. First floor will be for games, activities and fellowship. Classrooms vary in size. Mr. Helm stated that four classes are held in his home due to lack of space. Mr. Helm said that adult classes are 8 to 12 adults. Youth classes vary from 8 to 16 participants. Mr. Helm went on to say that parking would increase from 8 spaces to 27. He said parking has not been a problem. The only other days the building is used is on Wednesday and Thursday. Sometimes we allow a small Boy Scout or Girl Scout troop to use the facilities. Our biggest need is on Sunday’s. Mr. Pardes invited the Board member’s to visit the church and facilities. Mr. Struncius inquired if they would be willing to limit functions and times. Mr. Helm replied that he would. Mr. Struncius inquired what the shower room was for. Mr. helm replied that it is there in case the church needs to be used for a FEMA emergency shelter. He is not sure if the Church qualifies yet. Mr. Galvin went on to explain that a church is an inherently beneficial use. The only reason restrictions would be put on a church is for future leadership or if the church was ever sold.
Michael Geller, professional planner/professional engineer, credentials accepted. Mr. Savacool’s report is dated May 5, 2005. Bob Burdick did the Variance Plan and had a conflict tonight so he will be pitch hitting. The site is a 38,700 square foot site at the southwest corner of River Avenue and McLean Avenue. The building is now 2,056 square feet. The addition will be 6,040 square feet. The increase will provide neede space for the congregation. "D2" variance is for expansion of a non-conforming use. 3 Bulk variances are needed, 2 for existing a one for impervious coverage. There is a 4.66-foot side setback for Parsonage. Mr. Geller went on to say the new addition would follow the line of the existing church. It will be 35 feet or less at the ridge. One Bulk variance- Building coverage 25.6%, impervious coverage, 60%. Mr. Geller went on to point out that the Board had previously granted the Jehovah witnesses 60% impervious in a SF5 zone, which created precedent to deviate. Negative criteria – CICA case. Building will result in loss of some open space. He believes that any negative impact can be mitigated with buffers and plantings. He does not believe that noise will be an impact. Mr. Savacool inquired if they would be installing a commercial kitchen and what he thought the impact would be? Mr. Geller replied that he does not believe that noise is an issue with church kitchens. Mr. Struncius: You agree that some of the loss of open space is do to parking. You also agree it is do to the larger building? Mr. Geller: Yes I do Mr. Geller: We do not believe that there will be increased parking due to the increase in building size. Mr. Savacool voiced his concern that there is no room to turn around. Mr. Geller said that there are greeters on Sunday morning that can let people know when the lot is full. Mr. Cangelosi commented that the parking calculations come up 58 spaces short for the size of the building. Mr. Geller stated that church is not going on with Sunday School. Mr. Cangelosi: We are concerned how the car flow will be affected with the increase of the building. Mr. Geller: 25 foot isle width. Mr. Savacool: There is enough space to back out and do a "K" turn. Mr. Struncius: Do to the hour we will continue On September 1, 2005 where the time will be equally divided between The White Sands and the First Baptist.
Motion by Mr.Wolfersberger, second by Mr. Leonard to carry the application without notice to September 1, 2005.
Vote: Struncius, Wolfersberger, Simon, Cangelosi, Leonard and Dyer………………………………………………………………………Yea
Opposed: None
Meeting adjourned at 11:10pm
