Borough of Point Pleasant Beach SEPTEMBER 20, 2018 BOA MINUTES
The August 16, 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, Secretary Reynolds, vice chair Reilly, Chairman Struncius, Mr. Schneider, Mr. Davis and Mr. McGee
Absent – Spader, Dixon, Crasper and DePolo
Also present – Karen Mills, Clerk and Dennis Galvin, Board attorney
Court Reporter – Denise Sweet
Memorialize minutes
Motion by Mr. Kelly, second by Secretary Reynolds to memorialize the minutes of August 16, 2018
In favor: Kelly, Reynolds, Reilly and Schneider
Opposed: None
Memorialize resolutions
Motion by Secretary Reynolds, second by Mr. Kelly to memorialize the action and vote approving application 2018-19 of Anthony Loschiavo – 219 Harvard Avenue – with conditions
In favor: Reynolds, Kelly, Reilly and Schneider
Opposed: None
Motion by Secretary Reynolds, second by Mr. Kelly to memorialize the action and vote approving application #2018-20 of John/Darlene Frost – 112 Forman Avenue – with conditions
In favor: Kelly, Reynolds, Reilly and Schneider
Opposed: None
Application #2018- 23 Anthony LoSchiavo – 114 St. Louis Avenue – Block 155; Lot 15 – Applicant relocated existing shed over property line and pool was accidentally located in wrong location.
Adam Steuerman, Esq, attorney for applicant reviewed proposed application. It seems that a survey was inaccurate which caused the swimming pool to be put in a non-conforming location and install a fence on the neighbor’s property. The shed and pavers are also on the neighbor’s property.
Ryan Michael Carroll, sworn, is one of the owners of Aquaplaned pools – credentials accepted. Reviewed the pool installation process – thought it was in a conforming location. They went off the fence to set the corner pin. When the as-built was done we found out that the fence was a foot over the property line. Mr. Kelly clarified that if they had gone from the survey instead of the fence it might have been accurate. Mr. Dixon commented that the engineer pointed out that the rear fence is located in the easement so now the north and south side is inaccurate. The engineer was RC Burdick and they did not have an explanation for why the survey was wrong.
Anthony Loschiavo, applicant, sworn, stated that Carl’s Fence installed the fence. Dennis Galvin inquired if the pool could be moved to conform – (Not practical)
Adam Steuerman stated they spoke to the neighbor and she has no problem with the location of the fence at this time. She would want it moved in the future if the property is sold. Secretary Reynolds stated the applicant expanded his property on all sides. The shed is also located over the property line plus a 5 foot setback. Secretary Reynolds inquired about the encroachment into the easement. Dennis Galvin said he is hearing radio silence and wants to hear what the applicant’s solution is. Charlie Cuniffe, Board engineer stated that the shed will need to be relocated into a conforming location or be granted a variance and that variances cannot be granted to let fences and pavers remain on the neighbor’s property. The applicant is requesting time to get a new survey to make sure that it is accurate. Charlie Cuniffe commented that the new survey should show the pool equipment location. Motion by Secretary Reynolds, second by Mr. Schneider to carry application #2018-23 of Anthony Lochiavo 114 St. Louis Avenue to October 18, 2018 without notice.
In favor: Spader, Kelly, Reynolds, Dixon, Schneider, Crasper and Reilly
Opposed: None
Motion carried
Application 2018- 22 – Leon/Lorri Watts – 3 Ventrini Lane – Block 120; Lot 1.04 – Applicant wishes to add a second story to existing single family dwelling.
John Jackson, attorney for applicant, stated that the Watts would like to add a second story to their house. Exhibit A-3 Power Point Presentation Exhibit A- 4 – colored renderings, John Jackson stated that the house is located along Jenkinson’s parking lot and near Jenkinsons Aquarium. The Watts believe due to the location it gives them a unique opportunity. The Watts would like to improve it and make an aesthetic upgrade. John Jackson stated that the board had previously approved 1 ½ and 2 story homes on the Boardwalk. The lot is a little under sized – holding almost a 5 foot front yard setback. Mr. Dixon inquired why they came before the Board in 2005.
Irwin Pfeiffer, professional architect/planner, sworn, licensed since 1972, credentials accepted. Irwin Pfeiffer reviewed proposed plan. First floor is approximately 900 square feet. Second story will have lounge area; 1 bedroom in front and one in back – approximately 10 feet by 12 feet bedrooms. There are two dormers to give some air; the second floor is 896.2 square feet. Dennis Galvin said past resolution was 2003-39 – when previously renovating the wall collapsed; the applicant requested to reconstruct what was there – they just redirecting the dormer east to west. Irwin Pfeiffer reviewed variances. Building coverage will be 66% where 50% is allowed.
Leon Watts, applicant, sworn, stated that he had issues with the framer in 2003 – when they took the last wall out it caved in. Leon Watts stated that it previously was the same house except the dormer went north/south.
Exhibit A-5 entered – colorized elevations – Slide 5 of 23 –As a planner – Irwin Pfeiffer commented that it is a proper location for a height variance. Charlie Cuniffe, Engineer reviewed height of properties on Ventrini Lane and how the height would affect the Lane – the only two story home is located on the beach front; the homes across the lane are all one story. Mr. Dixon questioned the outside shower on the east side – he inquired if the shower is in the setback. (Yes) Irwin Pfeiffer reviewed Ray Savacool’s Engineering letter. John Jackson stated that the applicant would agree to eliminate the shower. Mr. Spader questioned if the addition would increase the parking requirement? (2.5 parking spaces would be required- there is no parking proposed) Materials – Stucco foundation and the rest will be cedar impression vinyl and vinyl clad and the windows will match the first floor. The roof will be timberline roof. Charlie Cuniffe, Engineer stated that only 10% of the homes are two story and this will create an issue for the properties across the street and that the board needs to consider that. Mr. Dixon commented that he grew up in the area and to compare the homes on the lane to the ocean front homes is a stretch.
Laurie Watts, applicant, sworn. Leon Watts commented that they have had the home since 1985. Originally it was so noisy they couldn’t stay but the new Point Pleasant Beach is a renaissance. Their goal is to spend 40% of their time here. They own the property with another couple and would like the extra room.
John Jackson gave closing argument.
Deliberations
Tom Spader – It was one story – then it was one and a half stories and now you want 2 stories and I think it is too much of a reach. I do not like the idea of exacerbating the parking. Then I do not like the idea of the people across the street coming in for 2-stories. Are we going to keep making allowances for more and more and more? Not inclined to vote yes. What is the matter with a story and a half? Originally it was one story.
Lee Kelly – I think the architect did a wonderful job on this. I always thought that was one of the best rows. This particular house is located in the open area by Jenk’s. Basically we are talking about a ridge. The house is in great condition – some of the houses on the row are not. House with red roof is much larger. The gable will be moved back – the hip portion will be slim. It is a modest request – there is nothing trick about it. Just 6 feet higher. I favor
Reynolds – The original home was one story – permitted height is 25 feet, Two feet is not normally deminimus – I like the idea of having a safer structure. To me the special circumstance is that giant pink building behind it. Right now I am thinking that it might be a good idea.
Dixon – We have a home here that has 4 pre-existing non-conformities – not even ten feet between the houses. I understand there is a parking lot behind it but I think it is too much house for the area. It will cast shadows on the houses across in the winter. As of now it is too much house for that small lot.
Schneider – We have a lot of these come up and they all they are all stand on their own merit. I can understand having the parking lot in the rear. Putting in a fire rated house – probably be in favor of it.
Crasper – I understand it backs up to the parking lot – as our engineer states it is not common in the row. The zone calls for one and a half stories. I agree with Mr. Spader that people keep asking for more and more – I am not comfortable with 2 stories.
Reilly – I also agree with Mr. Spader’s concern – We keep allowing a little more – and I worry about that trend – there is a limit before it breaks. I think somewhere you have to say there is a limit. I think solely on the height I would be against it.
Motion by Mr. Reynolds, second by Mr. Kelly to approve application 2018- 22 – Leon/Lorri Watts – 3 Ventrini Lane – Block 120; Lot 1.04 – with conditions.
In favor: Kelly, Reynolds and Schneider
Opposed: Spader, Dixon, Crasper and Reilly
Application Denied
Meeting adjourned at 9:40pm
Attest: Karen L. Mills, LUA
Clerk of the Board
