October 17, 2019

October 17, 2019
 
The October 17, 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. Kelly, Vice Chair Reynolds, Mr. Dixon, Mr. Lepore, Mr. DePolo, Ms. Crasper, and Chairman Struncius
Absent –   Spader, Schneider, Davis and McGee
 
Resolutions to memorialize
 
Motion by Vice Chair Reynolds, second by Mr. Kelly to memorialize the action and vote denying application #2019-07 of the Ippolito Corp., LLC – 1414 Ocean Avenue.

In favor:  Kelly, Reynolds, Dixon and Struncius
Opposed:  None
 
 
Approve 2020 Meeting dates
 
Motion by Mr. Dixon, second by Mr. Kelly to approve the Regular and Special meeting dates for 2020.
In favor – Kelly, Dixon, Reynolds, LePore, Davis, Crasper and Struncius
Opposed: None
Meeting dates for 2020 approved
 
Application #2019-31 – Joseph Di Domenico – 317 Parkway – Block 104; Lot 9 – Applicant wishes to install an inground pool, deck and convert half the garage into a cabana.

Joseph DiDomenico, applicant, sworn.  Charles Lindstrom, Professional Engineer/Planner, sworn, credentials accepted.  The applicant reviewed the application and the variances he is looking for; the property has water issues so he is looking to improve home and have a cabana/garage with storage space on the second floor and relocate the staircase to the exterior. He stated that all properties surrounding his are higher. The swimming pool is in a conforming location. The cabana will not have a kitchen or plumbing.  Applicant will submit revised plans omitting the verbiage “Kitchen” and replace with grill location. Garage will not be heated but gas can be run for the pool.  Mr. Kelly inquired if the basement will be filled in. (Yes) Applicant stated that the current property has a grade of 9 feet in the front which decreases to around 7 feet in the rear.  Applicant is going to try to increase the grade of the rear of the property.  Mechanicals will be elevated out of the flood zone; garage floor will be raised approximately a foot.  Underground recharge will be installed around the perimeter of the property; permeable pavers will be installed in sand.
Charles Lindstrom, thinks this is a good proposal; aesthetic improvement to the property and believes it promotes zoning by improving the flooding with underground recharge system. There will not be any utilities in the cabana.
Proposed finishes are similar synthetic type siding for garage area; some type of cedar shake in front and horizontal on the sides.  Roof drains will be tied into the underground recharge. Basement will be filled in and eliminate the sump pump. Under deck will be pervious material. Planner believes this is an improvement to the site and does not see any negative impact to the zone.

Chairman Struncius believes that cabanas should be added to allowed accessory structures as long as they do not have heat or bathrooms.  As long as there is nothing that can lend it to morph into habitable space. 

No audience questions

Deliberations

Kelly – Lost a home in that area during the hurricane – there was a wave that came down Parkway. Here is an opportunity to increase the value of the home and general area. I leave it up to the engineers to get the water out of the yard.

Dixon – feel the same way; it going to help your situation with the flooding. You kept the height without going over. It is a nice-looking building – I think it is a nice accessory building. 

Reynolds – What I like about this – with the filling of the basement and eliminating the sump pump you are increasing the safety. The whole deal is deminimis and I like what I am seeing. 

LePore – I agree – I have no issue with the application.

DePolo – Improved drainage and the setbacks remain the same.  Feel better with no water or heat running to the cabana. I believe that it will not be used for anything sinister like other people living in there. I am all for it – great improvement.

Crasper – Nothing to add – the other board members already addressed all my concerns.
Struncius – Improved flood situation by filling in the basement; aesthetic upgrade. Upgrading the drainage on the property; filling in the basement and using that second story for storage – do not see any issue with the cabana – no utilities running to it.

Vice Chair Reynolds questioned if flood vents are required. Ray Savacool stated that it is not a substantial improvement but flood vents would be beneficial to the applicant. 
Conditions

  1. The plan is to be revised to change the outdoor kitchen designation to grill location.

 

  1. There is never to be overnight accommodations in the garage/cabana.

 

  1. The garage will not be heated and will have no plumbing.

 

  1. The Applicant will fill in the basement as part of the project which shall be completed prior to the issuance of the certificate of occupancy.

 
 
Motion by Vice chair Reynolds, second by Mr. Dixon to approve application #2019-31 – of Joseph Di Domenico – 317 Parkway – Block 104; Lot 9 – with conditions

In favor:  Kelly, Dixon, Reynolds, LePore, Davis, Crasper and Struncius
Opposed: None

Application approved
 
Application #2019-36 – Beach Head Properties LLC (Opdyke) – 308 Route 35 – Block 11.02: Lot – 16 & 54 – Applicant is seeking to demolish existing 2 story building to the rear of main building, the garages on Maryland Avenue and all tent structures. They would like to then construct two new buildings and a small addition to the main building.

John Jackson attorney for applicant reviewed application and condition of current property. The applicant is proposing to take down multiple structures and streamline the property.  Existing second floor apartment requires a “d” variance. Tim Lurie, professional Engineer/Planner, sworn, credentials accepted, reviewed proposed plan.  11,000 square feet of existing warehouse space; Proposal is to remove existing warehouse and replace with two structures – one 944 square feet and on 2688 square feet.  Presently have 26 parking spaces; proposed plan will increase parking to 42 parking spaces, proposed loading area off of Maryland area and enclosed dumpster.  Result of eliminating all this building we are reducing the building coverage variance. Parking variance – 90 required and 42 provided.  Also require variance for multiple structures – reducing from 5 principal structures down to three – and then variance for existing apartment. Tim Lurie does not see any negative impact from maintaining apartment on site.  Tim Lurie reviewed Ray Savacool’s review letter. Tim Lurie stated that side yard can be increased to 5 feet off of the west property line. Ray Savacool requested the applicant to curb islands and fill with landscaping and show Maryland Avenue a little love.  Tim Lurie believes this will promote zoning by increasing safety and aesthetics.

John Edelhauser, applicant, sworn. Chairman Struncius questioned how the applicant   can go from 11,000 square feet of storage space down to 3,632 square feet. John Edelhauser explained that they can now be a two-story warehouse because they can now utilize a fork lift.  The applicant purchases furniture by container now; it all comes in at the same time. There will be more efficient warehousing and parking and believes it will be adequate. John Edelhauser stated it will be much more open and attractive to the neighbors with the landscaping.  The cardboard compacter and pallets will now be located inside. Chairman Struncius clarified where the foot traffic is located.  Tim Lurie replied that there will now be a crosswalk to rear of building.

Deliberations

Kelly – Looking at this I know it was a difficult decision for you guys because you needed storage space. The various times I have been at the shop I didn’t think they were service you well.  You did a fine job.

Dixon – I had some concerns about the coverage – mainly because of the parking lot – I think this is a big improvement – also I think for fire reasons because the Hindenburg is now gone it is definitely a big safety improvement.
Reynolds – So what we have here is a long-time successful business that lost its parking next door – this is logical and one of the best ways to keep this business where it is at and provide parking. It is going to be cleaned up and it will improve the aesthetics and I think it is necessary and a nice improvement.

LePore – I agree 100% – the parking is a huge consideration in regards to approval for the application. I think it is a terrific change to the three (3) lots.

DePolo – I am going to approve it. The first time I witnessed those tents next door was just recently when I was having coffee at the shop next door and was wondering if you were having a sale and how long they had been there. Definitely going to be approved – a little concerned with additional noise and sure there will be complaints at some time – but I am sure that you will work with your neighbors to allay any issues that pop up. Definitely an improvement and I wish you success. 

Crasper – Definitely an improvement – much cleaner updated look – applicant is being very considerate of the residents on the Maryland Avenue side with agreeing to store pallets inside. With hours of operation being 9:30am till 5:30pm – 9:30 is not too early and 5:30 pm is not too late so I do not see that being an issue. 

Struncius – First the overall use of the apartment – I think it has been stated that there has been a long time running apartment and I don’t think there is any issue continuing that use – again I think I think what is there is storage structures that are not consistent and a lot of elements and buildings that are not connected and I think what is proposed cleans up the site and is much more functional. The fact that the business is more modernized to the racking system and gives it the ability to have less structure but still maintain all those things. I think that all the things Tim Lurie stated in terms of the openness and the lessening of things – you are expanding but minimizing at the same time. 
Motion by Vice Chair Reynolds, second by Mr. Dixon to approve application #2019-36 – Beach Head Properties LLC (Opdyke) – 308 Route 35 – Block 11.02: Lot – 16 & 54 with conditions

In favor – Kelly, Dixon, Reynolds, LePore, Davis, Crasper and Struncius
Opposed: None

Application approved with conditions

Conditions

1.The plan is to be revised to provide a five-foot side yard setback, to show screening for the dumpster, to add a cross-walk which will be done in consultation with the Board’s Engineer and to show curbing and landscaping of the island. The plan for the island is to be reviewed and approved by the Board’s Engineer.
 2. The Applicant is to file a deed of consolidation prior to the issuance of the building permit.  Crosswalk is to be installed in rear of building. 
3.Dumpster will be moved to new location and screened.  
4.The buildings are to have a coordinated color and finish.  
5.No pallets are to be stored outside the buildings.  

Meeting adjourned at 9:55pm

Attest:  Karen L. Mills
Clerk of the Board.