Borough of Point Pleasant Beach March 21, 2019
The March 21, 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, Vice Chair Reynolds, Mr. Dixon, Mr. Schneider, Mr. LePore, Mr. McGee and Chairman Struncius
Absent – Spader, Davis, De Polo and Crasper
Also present – Andrew Ball, Charlie Cunliffe and Karen Mills
Denise Sweet – court Reporter
AGENDA
Minutes
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the minutes of February 21, 2019 –
In favor – Kelly, LePore, Schneider and Struncius
Opposed: None
Memorialize Resolutions
Motion by Mr/Schneider, second by Mr. Kelly to memorialize the action and vote approving application 2018-28 – MEJ c/o Mark Joosten- 127 Harvard Avenue – Block 136; Lot 3 with cond. –
In favor – Schneider, Kelly, LePore and Struncius
Opposed: None
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the action and vote approving application 2019-03 – Kevin Ende /Sara Elias – 125 Randall Ave.- Block 136; Lot 2 – with conditions
In favor: Schneider, Kelly, LePore and Struncius
Opposed: None
AGENDA
2019-13 – Neupas Homes LLC c/o Michael Pasanello – 117 Chicago Avenue – Block 160; Lot 19 – Applicant wishes to raise, renovate and add a level to existing single family dwelling.
Let the record reflect that Chairman Struncius and Mr. LePore are stepping down from the Neupas Homes application.
Applicants Michael Pasanello and Carolyn Neuberg, sworn. Michael Pasanello testified that they are looking to raise, renovate and add second story to dwelling. Requesting building coverage of 34% variance. Photos entered as A3 and A4. Applicants is requesting to keep the garage. Applicant believes the improvements will add aesthetic improvements to the neighborhood and not impede on neighbors light and air. Home is raised and finished floor is at 12 feet. The rear yard has an access easement. Home will be sided with cedar impressions and the garage will match the house. The tree in the corner of the lot will remain. Impervious coverage will be 35%.
Deliberations
Spader – Under the circumstances – even though the board is sensitive to 30% – I do not see a problem with this.
Kelly – Current house is somewhat dated – what we see is an aesthetic improvement. Pre-existing condition –no problem.
Schneider – Nice design – improvement to what is there. We are sensitive to building coverage but we are basically just adding a porch. Height is fine – big improvement.
Davis – Concur with everything that has been said – improvement to the zone.
McGee – Agree
Reynolds – I agree with all that – by keeping the existing garage and keeping the height down it fits in with the neighborhood
Motion by Secretary Spader, second by Mr. Schneider to approve2019-13 – Neupas Homes LLC c/o Michael Pasanello – 117 Chicago Avenue – Block 160; Lot 19 with conditions
In favor – Spader, Kelly, Schneider, Davis, McGee and Reynolds
Opposed: None
Application approved with conditions
2019-06 – Ronald/Donna Teitelbaum – 101 New Jersey Avenue – Block 48; Lot 1.08 – Applicant wishes to construct a second story balcony to Unit H.
Ray Bogan, attorney for applicant. Keren Teitelbaum, applicant and Robert Burdick, Professional Planner, Dan Passman, architect, sworn. Keren Teitelbaum stated that the condo is used for personal use. The applicant stated that the balcony will be aesthetically pleasing and match the existing balconies.
Dan Passman architect, stated that he designed the previous balconies that were approved and the present plans. The deck is impervious so the water will drain into a gutter.
Robert Burdick stated that the proposed deck is for the second-floor unit in the southwest corner of the building. The existing front yard setback is 16.81 feet and the proposed is 17.95 feet from New Jersey Avenue, whereas 25 feet is the minimum required. The proposed building coverage is 30.4%, whereas a maximum of 30% is permitted. The existing impervious coverage is 91.20% and the proposed is 91.30%, whereas 50% is the maximum permitted. Mr. Burdick testified that the new deck will result in a slight loss of sunlight in the summer time but will provide additional shade in the summer time. Will provide appropriate use of the property and it integrates well into the condominium. The columns will match in style and color. The applicant will not affix an awning or similar structure.
Mr. Kelly requested that attractive landscaping be added in front of the column. Ray Bogan stated that the applicant needs condominium approval.
Deliberations
Spader – Convinced that if she was an owner during the previous application that she would have come forward. Good point on the awning believes it will balance out the building – in favor
Kelly – Some people want it and some people do not – I am in favor
Reynolds – I see no detriment to the neighborhood. I t will balance out the front of the building a little bit. I have no problem with it.
Schneider – Good design – The structure would look better if they all had it.
Davis – I think the addition is an improvement to the zone when we add outdoor space. In favor
McGee – Agreed – adds continuity to the units
Struncius – I agree with everyone about the aesthetics – This is a deminimus expansion to a multi-family dwelling.
Motion by Vice Chair Reilly, second by Mr. Kelly to approve application 2019-06 of Ronald/Donna/Keren Teitelbaum – 101 New Jersey Avenue – Block 48; Lot 1.08 – with conditions.
In favor – Spader, Kelly, Reynolds, Schneider, LePore, McGee and Struncius
Opposed: None
Application approved with conditions
Conditions
- The materials used to construct the railings and the deck shall match the previously constructed decks on the building.
- The columns shall match the existing columns in regard to color and style.
- The applicant shall approach the Home Owner’s Association to request to add similar fountain grass in front of the column.
- No awning shall be affixed to the existing structure.
2019-08 – Wolowicz Holdings, LLC (Chris/Danielle Wolowitz)- 210 – 212 Ocean Avenue – Lots 11.01 & 2.01 – Applicant would like to install heating system to two seasonal apartments.
Raymond Bogan, attorney for applicant, stated that they are looking to have year round/seasonal occupancy of existing apartments. There is an existing commercial use on the first floor. Chris Wolfowitz, applicant and Bob Fowler, Professional Planner, sworn. Chris Wolowitz gave his history with the property; he has installed year round heating units in apartments to create year round occupancy without permission or permits. Previous C of O’s were for April 1st until October 1, 2019. He has received summonses for renting year round and it has been addressed in court. There will be no physical changes to the building other than the heating units.
Mr. Kelly inquired if there have been any inspections for the electrical panel. (No)
Michael Fowler, Professional Planner stated that the applicant proposed to expand an existing nonconforming use. Four parking spaces are designated for the tenants of the subject apartments. Believes this is what the Master Plan wants for this area to support local businesses.
Deliberations
Spader – On the surface it seems pretty simple –concern is that the winter rentals in that area of town – the bicycles and trash make it not very nice and we could be adding to that.
Kelly – Non-conforming use with the restaurant there and it has been existing. They haven’t been inspected for year round. There is liability because there is heat that has not been inspected and there is 4 bedrooms that could have children. Would question the seasonal rental. Would like to know what the interior looks like. Electric base board has not been inspected.
Reynolds – I think the Planner did a good job of presenting negative/positive criteria. Damn good thing to put heat in it. Gut is telling me it is a good thing. Speaks to the Master Plan in a round a bout way.
Schneider – Exists as a non-conforming use because of the donut shop. Has been inspected for seasonal. I do not think it will be a negative impact. Not an issue
LePore – Agree 100% – do not have an issue
Davis – On one hand not sure that we see that there is a negative impact with the expansion of use. Planner did a good job with positive/negative use. Do not see the harm of granting an expanded use. In spite of my prior comments about the hardship – I do not see objection to the expansion. We have no place saying quality of renters.
McGee – I was conflicted because we should have heard this before the heat was put in. As long as it is inspected and safe on 100 year old building.
Struncius – The property can carry the rental in this zone whether the tenant rides bikes or not. We are not here to make a judgment on who this gets rented to. I agree with 99% of the Planning testimony to support why there is not any negative to this. It is our least occupied time of year – if you get the right tenants they are walking and eating at the restaurants. It does have to get inspected – I hope you are not jamming 14 people in there. I hope you are renting to the right people. The property is suited to it in our most intense time.
Conditions
- The applicant shall obtain building permits for all improvements already completed.
- All proposed mechanicals shall meet the requirements of the flood damage prevention ordinance.
- The applicant shall comply with any occupancy limitation imposed by the Borough of Point Pleasant Beach
Motion by Mr. Schneider second by Secretary Spader to approve application 2019-08 – Wolowitz Holdings, LLC (Chris/Danielle Wolowitz) – 210 – 212 Ocean Avenue – Lots 11.01 & 2.01 with conditions
In favor: Spader, Kelly, Reynolds, Schneider, LePore, Davis and McGee
Opposed: None
Application approved with conditions
Meeting adjourned at 10pm
Attest: Karen L. Mills, Clerk of the Board
