Borough of Point Pleasant Beach March 28, 2019
The March 28, 2018 Special 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. LePore, Mr. Davis and Chairman Struncius
Absent – Schneider, De Polo, Crasper and McGee
Also, present – Andrew Ball, Charlie Cunliffe and Karen Mills
Denise Sweet – court Reporter
Motion by Mr. LePore, second by Mr. Kelly to memorialize the minutes of February 28, 2019 minutes
In favor: Kelly and LePore
Opposed: None
Motion by Vice Chair Reynolds, second by Mr. Dixon to memorialize the minutes of March 7, 2019 –
In favor: Kelly, Reynolds, Dixon and Struncius
Opposed: None
AGENDA
Application #2019-07- Ippolito Corporation – 1414 Ocean Avenue – Block – 17.01/17.02 – Lots 5, 6, 47/2.01, 3 – Applicant is requesting variances to demolish existing Driftwood Motel and construct a condominium building with 24 units, ground floor parking, condominiums on the 1st, 2nd, and 3rd floors with roof top deck, pool and snack stand.
Carried without notice from February 7, 2019
Ron Gasiorowski, objector’s attorney inquired about the easement. John Jackson gave his evidence (previous court case) to why he believes that his applicant owns the easement. John Jackson had the settlement of a recent court case (Judge Feldman ruled) that he also believes proves that the easement belongs to his applicant. John Jackson believes that since two courts ruled decades apart that he believes there is not lot a line and there is no gap between the two properties.
Dennis Galvin stated that he doesn’t find it dispositive – believe there is information that is absent. Read Judge Feldman’s decision – does not believe that it is a correct statement. Dennis Galvin believes it is way more complicated. JudgeFeldman believed the easement was abandoned. Judge Feldman believes it should be calculated continuously. Dennis Galvin advised the board to not make a ruling based on the boardwalk easement not being there. Does not want the water muddied on the boardwalk easement – do not have to blow up the easement to consider the application. Exhibit entered A-6 – Judge Feldman’s decision Exhibit A-7 entered Photo – Beacon Bathhouse
Ron Gasiorowski does not believe it is the jurisdiction of the Board. John Jackson believes that it has already been decided by the court.
Dan Governale, professional architect, sworn, credentials accepted, reviewed plans and how the unit’s function. Current building is not up to code and dated. The way the building sits is not conducive to revitalizing. Dan Governale reviewed present structure. At any time, there can be 152 people at the hotel, there are 76 beds, which usually have 2 adults and 2 children. Believes the new plan is more residential in character where the Driftwood is more commercial. Tried to create something that would be more traditional, (aesthetics and materials) while taking advantage of eastern views. Entrance is more direct – need to meet CAFRA requirements. Public needs to have access – so the public access on the southern edge has been added. We also might be able to change it to through the building so we can add more landscaping. What is proposed is a total of 24 units – mix of 1, 2- and 3-bedroom units. 4 units facing street, 2 units facing the east and in-between there are 4 units. Building continually reduces in size when moving towards the ocean. Residential units contain typical features, they have their own laundry. There will p-tack units – no outside a/c units. Dan Governale reviewed one of the units. Included some multi-function spaces for maintenance and storage. Asphalt shingle roofs, window trims will be coastal grade and coastal color palate. A railing that is in the style of the building should be acceptable. Applicant is seeking a height variance, included 9-foot ceilings, trying to create something that is luxurious, and a 9-foot ceiling would allow in adequate light. Height variance would allow the dormers and architecture. Renderings show how little the roof is showing; if we lowered the roof it would look like a flat roof building. The shingles and the pitch give the building the look. Chairman Struncius said he is trying to get himself around the size of the building – when you look at east to west elevation – if 75% of the people have their lights on you wonder what affect that would have on the neighbor’s. If the non-buildable lots are not in the calculation what would you have done. Dan Governale said in the beginning they were not sure which calculations it would be built to. Chairman Struncius questioned when you are going up 38 feet high it is a different bulk and feeling. Dan Governale – They did grow the building to the west but pulled back towards the east. Referred to slide 13. Chairman Struncius said the roof deck is right next to the next-door houses. Applicant prepared to drop down building coverage 2.5%. Mr. Dixon looking at MLUL under negative and positive impact – demonstrate special reasons – explain why it cannot be developed reasonably as it pertains to the zone. Dan Governale deferred to the Planner. Mr. Kelly inquired where 24 units came from instead of 12 or 15 and where the 6 by 8-foot bathroom came from on the 3rd floor. Mr. Kelly inquired about public access to beach. Dennis Galvin stated that if you decide to grant a use variance you do not have to grant this – the scope of the project can be adjusted – you do what is best for the neighborhood. John Jackson asked Dan Governale to compare the two in number of beds – the Driftwood has 72 beds where the proposed project has 45 beds. Secretary Spader stated they are going from 37 rooms to 24 units. Dan Governale said presently there are 8 units with kitchens and living rooms – like mini apartments.
Dennis Galvin instructed the board that that if you look at the other rooms like a den that it could also be a bedroom. Does not think you should be concerned with what is going on in the inside; you should be looking at the impact of the project on the view; people to the left and the right; the light and the air. Chair Struncius stated that there is intensity. Denis Galvin said to look at the density. Vice Chair Reynolds said they should look at the conforming versus the non-conforming.
Audience questions
Tim Middleton, objecting attorney – questioned that originally, they were going to revitalize the motel. Wanted to know where the idea for the 24-condo unit came from. Questioned the square footage and similar buildings in area. Also questioned the roof top deck and how the elevator accesses it and if he believes that it fits in the character of the neighborhood.
Vice Chair Reynolds questioned if there is any illuminating on the elevator tower. (No)
Robert Rogers, 1424 Ocean Avenue – Questioned the number of units. (24) And if they all reside inside the building. (yes)
Mary Buletza, 1412 Ocean Avenue – Asked Dan Governale to finish statement about adjacent properties and the sun. I have lived next to the Driftwood motel for 50 years. You may be pulling the design in but how’s the shadow going to affect the north neighbor. Dan Governale offered to do a shadow study. Asked question as owner of 1413 Ocean Avenue – You can’t tell at this time can’t but the inside is hollow and there is air flow – when closed up it will be a big difference and wants to know if he has done an air flow study. (No) Because there will be no air flow when all closed up.
Secretary Spader questioned the roof top deck and what there is to contain the noise. (Open railing) Mr. Dixon questioned the roof top deck and if there will be lounge chairs. (Yes)
Vice Chair Reynolds requested a shadow study for summer and winter. Dennis Galvin stated that you don’t need a shadow study on the beach.
John Jackson waived the time for the application to be heard.
Motion by Vice Chair Reynolds, second by Mr. Davis to carry application #2019-07-of Ippolito Corporation – 1414 Ocean Avenue – Block – 17.01/17.02 – Lots 5, 6, 47/2.01, 3 to May 2, 2019 without notice.
Meeting adjourned at 10pm
Attest: Karen L. Mills, Clerk of the Board
