Borough of Point Pleasant Beach June 20, 2019
The June 20, 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, Vice Chair Reynolds, Mr. Dixon, Mr. Schneider, Mr. LePore, Mr. DePolo and Ms. Crasper
Absent – Struncius, Davis and McGee
Also, present –Kerry J. Morgan, Ray Savacool and Karen Mills
Denise Sweet – court Reporter
AGENDA
Minutes –
Motion by Mr. Spader, second by Mr. Schneider to memorialize the minutes of April 4, 2019 –
In favor – Spader, Kelly, Reynolds, Dixon, Schneider and LePore
Opposed: None
Motion by Mr. Dixon, second by Mr. Kelly to memorialize the minutes of April 11, 2019 –
In favor – Kelly, Dixon and Reynolds
Opposed: None
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the minutes of April 18, 2019 –
In favor: Spader, Kelly, Reynolds, Schneider and LePore
Opposed: None
Motion by Mr. Dixon, second by Mr. Kelly to memorialize the minutes of May 2, 2019 –
In favor – Kelly, Dixon, Reynolds, Schneider and LePore
Opposed: None
Resolutions to memorialize
Motion by Mr. Kelly, second by Mr. Dixon to memorialize the action and vote approving application 2018-05 of Point Packing – 205 Channel Drive – with conditions
In favor: Kelly, Dixon and Reynolds
Opposed: None
Motion by Mr. Reynolds, second by Mr. Kelly to memorialize the action and vote approving application 2019-28 of John/Kathy Gabrielli 416 Carter Avenue with conditions– 416 Carter Avenue- with conditions
In favor: Kelly, Schneider, Dixon, LePore and Crasper
Opposed: None
Motion by Mr. Kelly, second by Mr. Dixon to memorialize the action and vote approving application 2019-17 of Michael/Elizabeth Traina – 300 Atlantic Avenue – with conditions
In favor: Kelly, Schneider, Dixon, Lepore and Crasper
Opposed: None
Motion by Mr. Reynolds, second by Mr. Kelly to memorialize the action and vote approving 2019-27 of Jaqueline/Stephen Reid – 616 New Jersey Avenue – with conditions
In favor: Kelly, Schneider, Dixon, Reynolds and Crasper
Opposed: None
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the action and vote approving application 2019-18 –of Alex/Mila Star – 201 Parkway – with conditions
In favor: Kelly, Schneider, Dixon, Lepore and Crasper
Opposed: None
Motion by Mr. LePore, second by Mr. Kelly to memorialize the action and vote approving application 2019-16 of Lee Miller – 47 Inlet Drive – with conditions
In favor: Kelly, LePore and Crasper
Opposed: None
Agenda
Resolution extension – Point Lobster 2016-08 – Just received CAFRA permit
Motion by Mr. Spader, second by Mr. Kelly to Grant Point Lobster (Godwin Family LLC) a one-year extension on resolution #2016-08
In favor: Dixon, Schneider, Lepore, Dixon and Reynolds
Opposed: None
Extension Granted
Application #2019- 23 – John/Karen Recchia – 206 Chicago Avenue – Block 133; Lot 11 – Applicant wishes to construct a 10 by 12 foot shed which requires bulk variances.
John Recchia, applicant, sworn, stated that he is here to replace his 8 by 10 foot shed – with a compliant shed by it will be in the setback. Applicant utilizes shed for storage. Vice Chair Reynolds inquired if he could meet the setbacks – Applicant replied that it would be difficult because of the location of the sidewalk. Mr. Dixon inquired why the shed was allowed to remain with the previous variance. Mr. Kelly suggested that the shed be turned to be compliant on the one side. John Recchia does not believe that would be aesthetically pleasing.
The board requested that he turn the shed. Ray Savacool stated that as long as he meets the directed setbacks it should not matter which way the shed is facing.
No audience questions
Deliberations
Spader – With the adjustment he is fine with application.
Kelly – Thinks reversing the shed will be fine
Dixon – As long as shed is turned and meets the other setback.
Schneider – I fine with the shed being turned
LePore – Me too
DePolo – Ditto
Crasper – Me too
Reynolds – Good also unless Ray has something to say.
Motion by secretary Spader, second by Mr. Schneider to approve application #2019-23 – John/Karen Recchia of 206 Chicago Avenue – Block 133; Lot 11 – with conditions
In favor: Spader, Kelly Schneider, Dixon, LePore, DePolo,Crapser and Reynolds
Opposed: None
Application approved with conditions
Conditions
- The Applicant shall have a 5 feet setback off Lot 12.
- The Applicant shall have a 4.5 feet setback off Lot 1.
Application #2019-19 – Keith/Theresa Buhl – 405 Arnold Avenue – Block 95; Lot 3 – Applicant is seeking certificate of prior non-conforming use for 2 structures on property one of which is a two-family dwelling.
John Jackson, attorney for applicant reviewed application request for certificate of preexisting non-conforming use. Clients have owned property for a number of years.
Exhibit A3 entered – Power Point – Survey shows that building has been this since at least 1953. Unique characteristics are commercial building in front with residential in rear.
Paul Ward, local realtor, sworn, stated that he is very familiar with property, this is where he met his wife. Paul Ward stated he met his wife whose family resided on this property in his Freshman year of High School in 1968 and the store was divided into 2 uses with 2 residential uses in rear. Paul Ward stated that he eventually married her and has been familiar with the property as a realtor through the years. A-4 – entered – Borough property card which comments that the resident structure was changed into single family in 1977. Paul Ward stated that comment on the card is not factual.
Mr. Kelly stated that if this home is destroyed, he wants the condition that it cannot be built back as a 2 family. If the structure burns down, they would need a use variance. John Jackson agreed that it is a non-conforming use and would need a use variance.
Tom Highton, 314 Parkway, neighbor, sworn, stated that he purchased the property in 1966 and has lived there full-time for 30 years.
Keith Buhl, applicant, sworn, stated that his father bought the property in 1979 and has been handed down through generations and it has been consistently rented out.
No audience questions
Audience comments
John Vitollo, resident, sworn – questioned what is the point- he has been renting it for 30 years.
John Jackson – summation
Deliberations
Spader – We have had a number of these things come up over the years- this is the strongest testimony that I have see and I will support this application with the condition that if it goes down it will need to come back before the board.
Kelly- We have been bit in the rear end where we did people a favor and we ended up in court and losing. This would never be able to be built today with the setbacks and so forth. I can attest that the property was there in 1963 – I have no problem with it at this time. I want to be clear in 10 years down the road that the board does not let it be rebuilt.
Schneider – Obviously it has been maintained as a two – they are not asking for anything additional.
Dixon – Obviously this structure has been there for a while. The owner satisfied everything that I needed to hear.
LePore – I concur that the testimony was clear and substantial – I have o issues with it.
DePolo – I am also in approval – I find the notation on the card ironic – Mr. Highton’s testimony made me feel very comfortable.
Crasper – Testimony that we heard confirms that it was constantly rented as a two family. The property card was probably a mistake. I have no reason to think otherwise.
Reynolds- It to agree with what has been said. This survey from 1953 is compelling along with the testimony.
Motion by Mr. Dixon, second by Mr. LePore to approve application #2019-19 – Keith/Theresa Buhl – 405 Arnold Avenue – Block 95; Lot 3 and grant a certificate of pre-existing non-conformity.
In favor: Spader, Kelly, Dixon, Schneider, LePore, DePolo and Reynolds
Opposed: None
Certificate of pre-existing non-conformity granted
Application #2019-20 – Michael Colucci – 500 Forman Avenue – Block 59; Lot 14.01 – Applicant wishes to construct a new 2 story single family dwelling.
John Jackson, attorney for applicant, entered Exhibit – A3 – Power Point Presentation, reviewed application. John Jackson stated that the curb cut on Route 35 will be closed. The new driveway will be located on Forman Avenue. Mr. Schneider clarified that the home will be rehabbed on the existing footprint. Garage in rear will be eliminated.
David Feldman, Professional architect, sworn, credentials accepted, reviewed existing property and proposed plan. Lot is 50 by 90 square feet (4500 sf)- There will be a reduction of 6% in building coverage with the new structure – reviewed variances- Forman setback 17.5 feet – side yard variance is 3 feet which is existing. 13. 5 feet rear yard setback existing – 29.5-foot rear yard setback is requested. Mr. Dixon inquired if there is a basement. (Yes). Not in flood zone. Mr. Schneider inquired about site triangle requirements. Ray Savacool stated that it meets the standards.
No audience questions
Michael Colucci, builder, sworn and applicant reviewed plan for rebuild – he stated they will use some of the foundation and that the house will mostly be gutted. House will be built as presented. Mr. Kelly insisted on a sidewalk and inquired if it will be built on the highway. Ray Savacool said it will be replaced when curb cut is replaced.
No audience questions/comments
John Jackson summation
Deliberations
Spader – We see great improvements in the housing stock of Point Pleasant Beach and this looks like it will be another one. Presentation was very thorough – opportunity for a successful conversion for an older piece of building stock and there will be safety upgrades. Will support application
Kelly – I looked at the lot size and wondered why it was 90 feet instead of 100 and then I realized that it was on the corner of Cincinnati and Forman and realized when there was dualization they probably lost 10 feet for the adjustment – at any rate I think the older home adjusted well – impressed with presentation – correction of mistake of the driveway –
Schneider – well designed house – better than existing structure – it is safer – good idea – in favor
Dixon – Nice looking house – improvement over what is there – personally I think it is a new home not a rebuild – like the driveway being put on Forman.
Lepore – beautiful house – huge upgrade – driveway on side street makes a world of difference – no concerns
DePolo – I am all for this approval =This is one of those no brainers – I really couldn’t find any thing that was
detrimental – everything is an improvement – site triangle going to remain the same – reducing the building coverage – all positives – in favor
Crasper – nothing else to add – all improvements – in favor
Reynolds – All the non-conformities are existing – better lot coverage – significant improvement – in favor
Conditions
- The driveway curb cut on Route 35 will be removed.
2. The Applicant will obtain a Department of Transportation Road opening permit.
3.The sidewalk improvements shall be approved by the Board’s Engineer.
Motion by Secretary Spader, second by Mr. DePolo to approve application #2019-20 of Michael Colucci – 500 Forman Avenue – Block 59; Lot 14.01 with conditions
In favor: Spader, Kelly, Dixon, Schneider, LePore, DePolo and Reynolds
Opposed: None
Application approved with conditions
Application #2019-22 – Joe/Lorraine Gankiewicz – 121 Randall Avenue – Block 150; Lot 11.01 – Applicant wishes to construct new single-family FEMA compliant home which requires bulk variances.
Mr. Dixon has stepped down from the Gankiewicz application
John Jackson, attorney for applicant, reviewed application.
Syed B. Husain, Professional Engineer with D, W. Smith, sworn credentials accepted, reviewed plan and Board Engineers letter.
Robert Scialla, Professional Architect, sworn, reviewed plan and stated that the first floor is 948 square feet; the second floor is 960 square feet. The proposed front yard setback on Randall Avenue is 10 feet, whereas 25 feet is the minimum required and the proposed front yard setback on Harvard Avenue is 8.6 feet, whereas 25 feet is the minimum required; the proposed building height is 30.74 feet. The cars will be parked below the proposed home and the applicant reduced the size of the first-floor deck from the original proposal to 10 feet deep and the applicant reduced the lot coverage from the original proposal to 37%. Mr. Kelly inquired if the pitch of the roof is 10 on 12. (Yes) Mr. Kelly thinks the pitch could be reduced. Deck material will be treks and ground level will be open. (no paving – it will be gravel)
Audience questions
Amy Amatucci, neighborhood questioned the setback of the house; questioned distance from water.
Glen Amatucci, neighbor, inquired about parking since now there will be a curb cut and a parking will be lost. Ray Savacool stated that two on-street parking spots will be lost.
Conditions
1. The Applicant will obtain approval for the 16 feet curb cut.
2. The coverage under the deck is to remain pervious with open decking above.
3. The Applicant will keep slats in the back of the house where the two cars park under the house and in the driveway.
4. The bottom deck will not be more than 10 feet deep, reducing impervious coverage to 37%.
5. The Applicant will submit revised plans to the Board and Board’s Engineer for their review and approval.
Deliberations
Spader – This area has been a real challenge since the storm; people deserve to have a safe home. It is a nice-looking area, if you remember what it looked like before the storm. Every home looks too tall. We have some good things – we have a new safe home. I see it because it is a corner lot – the plan looks good – I think the adjustment on the decking is still livable. The upper deck is 6 foot and adequate – with other conditions will be supportive.
Kelly – very concerned about 40% – 30% is the appropriate coverage. Agree with Mr. Spader that the area has increased tremendously over the years. This will improve the property. There are cinder block and wooden stumps and this is much better than what I saw today. I am concerned with the mass of it. I haven’t seen too many 10/12 pitch. There are no dormers – that is a matter of taste. We are not here to determine that.
Schneider – corner lots have always been a challenge – there will always be an issue with that. The lots are already tight on Randall Avenue. It not a totally ostentatious house – they are not looking for something outrageous. As long as there is gravel under the decks – as long as it is 37% – I think the architect and engineer has come up with a good plan – in favor
LePore – Refer to knowledge and expertise of my colleagues with the history of the area – agrees with Mr. Spader and supports the application.
DePolo – also supports application – does not think house is too huge – under 2,000 square feet – likes the look of the house and the slatted bottom – it makes it look finished – glad the parking was addressed with the cars sticking out – thinks it is important that the back of the house in enclosed with slats to keep cars from driving through. Likes it – it will definitely improve the area. When you drive down Randall that corner really sticks out saying something needs to be here. Needs improvement and believes this will do the job.
Crasper – Initially when looking at this application – if it had not been a corner lot, I would have said smaller home. You are looking for 5 variances but since it is a corner lot, I know it is a hardship. Fairly new to board and taking what the board says to heart. If they feel it is a good application, I take that to heart.
Reynolds – I think I made it clear that I feet it is a large house – it is a improvement to the lot and safety – the fact that the house is 30% makes me feel better and that the deck has been reduced and is open makes me feel a lot better.
Motion by Secretary Spader, second by Mr. Schneider to approve application #2019-22 – Joe/Lorraine Gankiewicz – 121 Randall Avenue – Block 150; Lot 11.01 with conditions
In favor: Spader, Kelly, Schneider, LePore, DePolo, Crasper and Reynolds
Opposed: None
Meeting adjourned at 10:45pm pm
Attest: Karen L. Mills, Clerk of the Board
