Borough of Point Pleasant Beach May 2, 2019 BOA minutes
The May 2, 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: Secretary Spader, Mr. Kelly, Vice Chair Reynolds, Mr. Schneider, Mr. LePore, Mr. Davis and Chairman Struncius
Absent – Dixon, DePolo, Crasper and McGee
Also present – Karen Mills, Dennis Galvin and Ray Savacool
Court Reporter – Denise Sweet
Memorialize minutes
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the minutes of March 21, 2019
Memorialize resolutions
Motion by Mr. Schneider, second by Mr. Kelly to memorialize the action and vote approving application 2019-14 of Alicia Flath – 418 Lincoln – with conditions
In favor: Kelly, Reynolds, Schneider, LePore, Davis and Struncius
Opposed: None
Motion by Mr. Schneider, second by Mr. Dixon to memorialize the action and vote approving application 2019-12 of 601 & 603 Arnold Ave LLC with conditions
In favor: Kelly, Reynolds, Schneider, LePore, Davis and Struncius
Opposed: None
Motion by Vice Chair Reynolds, second by Mr. Dixon to memorialize the action and vote approving application #2019-09 of Elsie Palsi – 4 Surf and Sand Court – with conditions
In favor: Kelly, Reynolds, Schneider, LePore and Struncius
Opposed: None
Resolution #2016-28 – Last Wave Brewing Company – Letter request to administratively approve hour change and entertainment.
Bert Roling, one of the owners of Last Wave – Requesting to have longer hours of operation. Requesting to be open 7 days a week from noon until 10pm. Looking to have a little more availability. Would love to have entertainment. As the industry grows in Nj, they would like to be able to grow. Dennis Galvin strongly advised to stay away from entertainment – the Board didn’t discuss it with the original application because you didn’t request it. Mr. Dixon inquired if they have had any incidents where the Police have been called. Bert Roling said they were a little loud on opening day and the Police came. John Dixon would like it checked with the Police Department. The clerk will check with the Police Chief and report back at next meeting.
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 March 28, 2019
John Jackson, attorney for applicant stated that the applicant revised the original plan and reduced the units to 20, and the size of the building was reduced. The roof top deck has been removed and the roof line has been reduced so there is no longer a variance request for height.
Fred Truex, from Title Abstract, sworn, stated he is a second-generation title searcher since 1979. Title searcher requires searching titles back 60 years, sometimes further, looking for any easements, restrictions and encroachments. Deeds have information in them from origin of title. His findings were from 1935 when Nina and Isabelle Murphy owned the property – lot 2.0 and lot 3 without any exceptions or easements. Looked at other deeds along the way – Bradshaw’s sold every lots 50 by 100.
Tim Middleton, objecting attorney, stated there was a previous survey introduced that showed a boardwalk right of way and asked if Fred Truex had seen it. (No)Tim Middleton said that Ray Savacool had maps from the 1800’s that depicted the right of way.
Bernard Reilly for Ron Gasiorowski, objecting attorney, questioned Fred Truex in reference to Borough tax map and paper streets. Bernard Reilly inquired if it could be a paper street? Fred Truex stated that it would have been filed and he had found nothing. Fred Truex stated that he had the original subdivision maps and none of them create a right of way. John Jackson referenced a court case that determined there is no right of way. Tax map of August 17, 1891 shows lots that were sold off. Judge Feldman made the same conclusion in binding arbitration.
Daniel Governale, Professional Architect, sworn. Exhibit A8 – Revised Power Point Presentation. Daniel Governale reviewed revision to plan – Building has been moved east; height has been brought down to ordinance requirements (35 feet to deck line of flat roof); Increased setbacks on sides slightly; there are now 20 units – project is more in compliance with RSIS requirements – still 3 spaces deficient with parking space waiver of 8 foot wide spaces – only two units are facing west – retreating third floor to center of building. Beach elevation – eliminated any use of the roof – rear elevation clean and simplified. Building roof has been flattened. Beach access ramp on southern edge has been eliminated to add additional buffering and landscaping. Beach access will be through ground floor of building. Mr. Kelly clarified that the public has to go through parking garage to access beach – this is a change I am concerned with. Mr. Davis questioned who contacted John Jackson about the access (Neighbors). Applicant’s beach has access for the public and can sell badges. Gave presentation of what could be built on the adjoining lots and the size comparison to scale at 30% building coverage. John Jackson stated that a single family could be built at this size on the applicant’s lot. Mr. Kelly was concerned with the car that is parking close to the staircase – bollards will be installed for safety. Floor plan was reviewed.
Audience questions
Tim Middleton, opposing attorney questioned parking and columns. Questioned the retaining wall, windows and the impact the windows will have. Inquired if there are any structures in the vicinity close to the mass of this building.
Mary Buletza, 1412 Ocean Avenue – Inquired why if these units are to be sold would you need a leasing office. Questioned if they could be Air B n B – Dennis Galvin stated that type of ownership and usage cannot be discussed.
Robert Rogers, 1424 Ocean Avenue – questioned the space in the front of the building. (turn around and dumpster access).
Mary Buletza, 1413 Ocean Avenue – Questioned hypothetical houses.
Daniel Governale reviewed the shadow study.
Jason Marciano, Professional Engineer, reviewed revised site plan – believes it opened up more space. Opened up the front yard – much closer to current footprint. Biggest change is the west wall where it has been retreated quite a bit. Coverage and impervious are now in conformance. Reviewed parking access and garbage pick-up. Charlie Cunliffe questioned the setback on the retaining wall (Five feet off north property line and five feet off the south property line) – concerned it might disturb the neighboring property when constructed.
Audience questions
Tim Middleton questioned design of driveway, size of parking stalls and what type of lighting will be on the north and south side of structure. Also, clarified that the beach would not be lit up.
Bernard Reilly questioned the safety of retaining wall. Jason Marciano stated that they will landscape it and have a fence for safety; also inquired if the ITE reference for safety had been researched? (No)
Mary Buletza, 1413 Ocean Avenue – Inquired for clarity of previous statement of setback. Inquired if balconies are going out to the setback (No). Jason Marciano stated there is a five-foot setback from property line. Inquired how tall the garbage enclosure is (6-feet) and will that affect the site-triangle? Jason Marciano said it is setback the required distance and believes that will be a safe location.
Charlie Cunliffe clarified the wall pack lighting, curbing and trash enclosure. Trash enclosure – exterior wall will be decorative concrete block. Signage will comply to ordinance.
Robert Rogers, 1424 Ocean Avenue – What is the highest point of existing structure. (Flat roof – 35 feet).
Mr. Reynolds said fencing should be wood – vinyl would look horrible that close to the beach. Applicant will revise plan to show changes.
John Jackson waived the time for the application to be heard.
Motion by Vice-chair Reynolds, second by Mr. Schneider to carry Application #2019-07- Ippolito Corporation – 1414 Ocean Avenue – Block – 17.01/17.02 – Lots 5, 6, 47/2.01, 3 to August 1, 2019 without notice.
In favor: Kelly, Dixon, Reynolds, Schneider, LePore, Davis and Struncius
Opposed: None
Meeting adjourned at 10:50pm
Attest: Karen L. Mills, LUA
Clerk of the Board
