Borough of Point Pleasant Beach November 3, 2022
The November 3, 2022 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, Mr. Dixon, secretary Schneider, Mr. Pasola, Mr. McGee and Mr. Neill
Absent – Struncius, Reynolds, Davis and McFadden
Also, present –Karen Mills, Clerk, Ben Montenegro, Esq., Board attorney and Ray Savacool
Motion by Mr. Pasola, second by Mr. Dixon to approve the 2023 Calendar dates.
In favor: Kelly, Dixon, Pasola, McGee, Neill and Schneider
Opposed: None
Memorialize Resolutions
Motion by Mr. Pasola, second by Mr. Dixon to memorialize the action and vote denying application 2022-14 – OutFront Media LLC – 502 Sea Avenue – Block 12 ; Lot 25 –
In favor: Pasola, Dixon, McGee, Neill and Schneider
Opposed: None
Motion by Mr. Pasola, second by secretary Schneider to memorialize the action and vote approving application 2022-24 – John/Jana Lopez – 100 Harvard Avenue – Block 132; Lot 1 – Applicant looking to install 6-foot fence in side yard.
In favor: Pasola, Kelly, McGee and Schneider
Opposed: None
Motion by Mr. Pasola, second by Mr. Kelly to memorialize the action and vote approving application 2022-36 –of CV Electric – 4 Minard – Block 121; Lot 8.03 – Applicant extended 2nd floor roof to cover 2nd floor balcony. With conditions
In favor: Kelly, Schneider, Dixon, Pasola and McGee
Opposed: None
Motion by Mr. Pasola, second by Mr. Kelly to memorialize the action and vote approving application 2022-40 –of Sean/Tina Hennessy – 618 New Jersey Avenue – block 35.03; Lot 50 – Applicant is requesting a variance for impervious coverage for excess concrete around pool.
In favor: Kelly, Schneider, Dixon, Pasola and McGee
Opposed: None
Agenda
2022-26 – Constance Mancini – 303 Trenton Avenue – Block 79; Lot 2 – Applicant is looking to raise primary structure and expand rear deck; also looking to expand deck on rear structure. Looking for certification of pre-existing non-conformity for garage apartment.
Carried from August 18, 2022 without notice
Applicant represented by Raymond D. Bogan, Esq, reviewed changes to applicants plan from prior meeting.
Exhibits entered
Exhibit A1 – Certified Variance Application
Exhibit A2 – Architectural Plans by Kenneth P. Mihalik, entitled Alterations for Mancini Residence, last revision date 8/8/22; and Survey by Robert H. Morris dated 5/16/20
Exhibit A3 – Architectural Entitled New Addition for Ed and Regina Slifka, dated 8/13/87 (addition to front structure)
Exhibit A4 – Board of Adjustment Resolution/Minutes for Application1987-35 for Applicant Slifka
The applicant seeks N.J.S.A. 40:55D-68 approval certifying that the existing two principal residential dwelling unit structures on one lot constitutes a legal nonconforming use and structures as same legally existed prior to the adoption of the Ordinance which rendered the use and structures nonconforming.
A d(2) variance for expansion of the two structures:
Elevating front structure and increasing deck attached to rear of front structure.
Constructing an exterior deck and staircase on the rear residential structure.
Connie Mancini, applicant, sworn, testified that the first-floor area designated on the plan as a family room, functions more as a foyer from the front entry door. She agreed as a condition that this space shall not be converted or used for habitable bedroom/living space. She noted that currently both the front and rear dwelling units are rented and she has at all times obtained the required C.O.’s/permits from the Borough. Her future intent after the project is completed, is to move into the front home as her primary residence while renting the rear dwelling unit.
She agreed as a condition that she will need to apply to the governing body to change the curb cut/driveway location to match the elevated home garage location. If approved, the revised plan will provide for an additional two off street parking spaces than currently exist. She stated that the proposed development as depicted on the architectural plans submitted will be a significant aesthetic improvement to the site.
She also stated that the proposed parking arrangement was adequate and will function efficiently and safely for the proposed development. The subject property is particularly suited for the proposed development due to the small dimensions of the parcel and the existence/location of the existing structures on site. She stated that the modifications will only enhance the existing structures on site and be an overall benefit to the neighborhood.
Jeffrey Dudas, sworn, testified on behalf of the Application, as follows – He is the builder (and Applicant’s fiancé) retained to perform the renovations on site, if approved. In reviewing the plans and the site, he agreed as condition that the staircase proposed for the rear dwelling unit shall be a minimum of 5’ set back to the side property line.
Motion by Mr. Pasola, second by Mr. Kelly to approve the request for pre-existing non-conformity certification.
In favor: Kelly, Dixon, Pasola, McGee, Neill and Schneider
Opposed: None
Variance request vote
Deliberations
Kelly – Believes this will an improvement. The back apartment now has an entrance. I do not think there should be any addition to the garage apartment. Too many cars will be parked on the property.
Dixon – Making the front house a flood compliant house – I do not like expanding a non-conformity.
Pasola – I see the applicant has a hardship. I think they satisfied any problem with the conditions. I think it will be an improvement to the neighborhood.
McGee – I think it is a no brainer to raise the front home and square off the deck. I have to join Mr. Kelly about expanding the non-conformity.
Neill – I join the rest of the board about raising the front house. Squaring off the deck is OK – as long the conditions are met, I have no problem with the garage apartment deck.
Schneider – In favor of the front house and the rear house is a safety issue.
Motion by Mr. Pasola, second by Mr. Dixon to approve the variance portion of application 2022-26 – Constance Mancini – 303 Trenton Avenue – Block 79; Lot 2 – Applicant is looking to raise primary structure and expand rear deck; also looking to expand deck on rear structure. Looking for certification of pre-existing non-conformity for garage apartment with conditions
In favor: Dixon, Pasola, McGee, Neill and Schneider
Opposed: Kelly
Application approved with conditions
Conditions
- The building is to be constructed in accordance with the architectural plans submitted to the Board at the 11/3/22 hearing as part of this Application.
- The applicant shall comply with all requirements of the Board Engineer report, by Raymond W. Savacool, P.E., dated 8/10 /22, unless specifically exempted herein.
- Applicant shall comply with the following special conditions:
- The basement of the dwelling unit fronting on Trenton Avenue will be filled in at the time of the elevation/construction on site.
- Applicant shall comply with Ordinance 19-8.4(b) related to foundation treatment.
- As to the rear dwelling unit that fronts on Liberty Lane, Applicant shall revise the proposal for the deck/staircase to make the deck 7.5’ long maximum (reduced from 12.5’ originally proposed).
- As to the rear dwelling unit that fronts on Liberty Lane, the stairs shall be a minimum of 5’ from the side property line.
- The first-floor area designated on the rear dwelling unit plan as a family room as well as the storage space, shall not be converted or used for habitable bedroom/living space.
- Applicant will need to apply to the governing body to change the curb cut/driveway location on Trenton Avenue to match the elevated home garage location.
2022-25 – Clayton Greene – 210 Yale Avenue – Block 141 Lo 7 – Applicant proposes portico addition to single car garage.
Applicant had deficient notice
Meeting adjourned at 9:25pm
Attest: Karen L. Mills, LUA
Clerk of the Board
