February 16, 2006

MINUTES

The February 16, 2006 Regular meeting of the Board of Adjustment came to order at 7:45pm. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were Mr. Simon, Mr. Wolfersberger, Mr. Struncius, Mr. Moberg, Mrs. Tooker and Mr. Spader. Absent were Mr. Leonard, Mr. Cangelosi and Mr. Palisi.

Motion by Mr. Wolfersberger, second by Mr. Struncius to memorialize the minutes of February 2, 2006 meeting.

Vote: Wolfersberger, Struncius, Moberg, Tooker and Spader…………………Yea
Opposed: None
Abstain: Mr. Simon

Motion by Mr. Struncius, second by Mrs. Tooker to memorialize the action and vote approving application #2005-23 of Linda & Tom Sullivan of 221 Baltimore Avenue with conditions.

Vote: Wolfersberger, Struncius, Moberg, Tooker and Spader………………..Yea
Opposed: None
Abstain: Mr. Simon

Motion by Mr. Struncius, second by Mr. Wolfersberger to memorialize the action and vote of Jacqueline & George Massood of 311 Baltimore Avenue with conditions.

Vote: Wolfersberger, Struncius, Moberg, Tooker and Spader………………..Yea
Opposed: None
Abstain: Mr. Simon

Motion by Mr. Struncius, second by Mr. Wolfersberger to memorialize the action and vote denying application #2005-08 of Sandra & Bob Bischoff of 128.05 Ocean Avenue.

Vote: Wolfersberger, Struncius, Moberg, Tooker and Spader………………..Yea
Opposed: None

Application #2006-01 – Mark Zarantonello, 506 New Jersey Avenue; Block 39; Lot 11;Applicant relocated front door; applicant wishes to construct platform and stairs that will encroach into front yard. Mark Zarartonello, sworn. Mark went on to explain that the home had been deteriorating and he remodeled it with new windows, siding and roof. Masonry stairs crumbling. He moved the door to the front and there is an encroachment. The old stairs were almost on the property line. Pictures taken previous week were entered as A-1, A-2 & A-3. Galvin: White kind of stoop will you be putting on. The railings will be white vinyl. Mr. Struncius: The stairs of the home look much further out. Tooker: Is the home setback 25 feet now? Zarantonello: Yes. Moberg: By putting the porch and stairs on w ill it affect anyone views? Zarantonello: No, the car wash is right next to me.
No any audience questions.

Deliberations:
Moberg: I feel as if the few feet are a necessary adjustment to this project. As he stands on his new front porch he won’t even be able to look up the street because the house to his immediate east is blocking any view he might have. His porch will not affect any else’s view; I feel it is a necessity. In favor Struncius: We have seen a big aesthetic change with what you have done to the home already. It is a big improvement to the area. In favor No negative impact. Wolfersberger: I would be inclined to approve this application. The setback will not be any further out than the rest of the homes. In favor

Motion by Mr. Wolfersberger, second by Mr. Spader to approve application #2006-01 with conditions.

Vote: Simon, Wolfersberger, Struncius, Moberg, Tooker and Spader…………….Yea
Opposed: None

Condition: Deck will be made from white composite decking and white vinyl railing.

Application #2005-46 – Richard Surgent, 1112 Marcia; Block 35.02; Lot 10; Applicant wishes to remove two-family home from lots 10 & 11 and construct two single- family homes. Richard L. Surgent, applicant, sworn. Exhibits entered; Application A-1, Plans A-2, Pictures taken 10 days ago, 2 sets of 4 Entered as A-3. Only variance applicant is looking for is dual front yard setback relief. Plans submitted depict home he has used many times before. The only difference is there will only be half of a porch so it will not encroach anymore on corner. The lot is irregular, 7300 s.f. Surgent: The home will be setback at 37 feet. This way it will not increase the variance anymore than 19.6 feet. Current existing dwelling appears to be 19 feet setback at this time. Surgent: I would prefer not to be held to 19.6; I would prefer 19 feet to give me some leeway as a builder. I had someone ask me if they were interested in the house if it could be 3 foot deeper. It would not create any new variance. If you have to hold me to one plan I would request the 3-foot deeper. Any change that I would do after this would be conforming. Moberg: I think I understand what Mr. Surgent is saying. Surgent: I am asking to lengthen the home three feet. That is if the interested party buys the home. Moberg: You are asking approval for both measurements? Surgent: What I am asking for is relief on the side yard setback. The building coverage would be around 23%. We are not asking for any other relief. Moberg: We have to approve one thing. We have to know what we are approving. Struncius: He wants us to approve the three feet. You add more house that is inside the 25-foot setback. Strunicus: What we have here is a very boxy modular home. You will be adding three more feet of box. I would like to see Cedar impression siding, which is a little bit higher end, which would help with that. Surgent: I wish you would look at what is there. It is a ratty old stockade fence. It is our intention to plant trees to improve the view and hide the view of the lumberyard. Cedar impressions would add 6 – 7 thousand dollars. If need be we can add decorations over the windows. My personal preference is to add one tree and leave the side of the home for a planting bed. Wolfersberger: The side has zip. For me to go with this it needs something. Tooker: That is a main road into that neighborhood. People see it all the time. Surgent: I am sort of at a loss. I was going to plant one or two cedar trees to break it up. The garage will break it up. If cedar impressions are the determining factor, I will do it. Galvin: You could come back quickly to the next meeting with a plan for that side of the building. Struncius: Is this the true height? Surgent: It will be three feet above grade. Proposed height would remain under thirty feet. Struncius: You have no problem with a thirty-foot limitation. Surgent: Not at all. Spader: Inquired about the site Triangle. Surgent: Replied that he will be moving the home back 37 feet, which will improve it. Spader: I believe a plan showing the plantings and shutters would be appropriate. Moberg: I am going to take all these wonderful comments and roll them up into one ball of wax.. We are not having a problem with the 19.6. I feel it is the aesthetics. If we can get some plantings, shutters and cedar impressions we would not have a problem. With the new building size would a new drawing have to be submitted to the Building Department? Galvin: That is a good point. Whichever home is built that is the approved plan. Whichever one you choose is the path you take. Wolfersberger: I cannot vote on something that I do not know what it is going to look like. Galvin: I think it makes sense. I applaud Mr. Wolfersberger. No audience questions

Motion by Mr. Struncius, second by Mr. Wolfersberger to caryy application #2005-45 without notice to March 2, 2006.

Vote: Simon, Wolfersberger, Struncius, Moberg, Tooker and Spader…………….Yea
Opposed: None

Application #2005-36 – Mike Terpak, 302 New York Avenue; Block 32;lot 19; Applicant wishes to construct a 12′ x 38′ second story deck. Mike Terpak, applicant, sworn. John R. Youmans, son-in-law, sworn. Applicant wishes to install second story rear yard deck. Pictures of home that were taken last weekend were entered as A-3, A-4, & A-5. The deck will be made out of Timber teck decking with white vinyl railings. Youman: Stairs will come down right to the pool. Struncius: What is the impervious coverage Youman: I am not sure Galvin: We had existing at 30% Struncius: This application is talking of going to 77%. Youman: We are taking the existing concrete patio up and installing pavers. Spader: It looks like the 77% includes the current patio. Struncius: I think we should be told the impervious figures, not trying to figure it out. Terpak: I have a heart condition, I would like to walk out and just sit. My wife will be retiring at the end of this year. Struncius: Why such a big deck? Youman: The stairs are a big factor for him and his wife. Tooker: How far is the deck from the pool? Youman: 10 feet. Struncius: These figures are all relative. We need to know all these. We can get a reasonable evaluation of this by knowing what is causing the overages. The percentage of what that pool is and the impervious coverage is important. We have precedence. Terpak: I had the property surveyed. Struncius: What is the coverage with the pool/ without the pool? These are important questions. Youman: I will have the surveyor figure out the percentages. Struncius: Can you tell me why there are two sheds? Terpak: On is to house the pool mechanicals.

Motion by Mr. Wolfersberger, second by Mr. Struncius to carry application #2005-36 to April 6, 2006 meeting without notice.

Vote: Simon, Wolfersberger, Struncius, Moberg, Tooker and Spader…………….Yea
Opposed: None

Application 2005-37 – Anthony Conte, 108 Forman Avenue; Block 63; Lot 16; Applicant wishes to convert an existing rooming house that contains 4 apartments and eight rooms to a multiple dwelling that contains 7 apartments only. Steven A .Pardes, attorney for applicant. Application requires a "use" variance. Anthony Conte, sworn. Tom Thomas, Professional Planner, sworn. Application, A-1, Plans A-2, Color Coded proposed floor plan, existing plan and plot plan, A-3. Pictures taken by Joseph Tomesetti within the last month, A-4, front view of property. A-5 south up the driveway, A-6 looking north from the back. A-7 & A- 8, different views of the backyard, A-9 portion of rear building, A-10, rear of building, A-11, view at night showing lighting.
Mr. Conte’s company has owned the property since January of 2000. Mr. Conte wants to convert the 8 individual rooms into Three (3) apartments. Mr. Conte went on to explain that the rental rooms attract a certain kind of transient element, which has caused problems through the years. 25 page history of various police calls to the property from 1996 – 2005. Spader: Does the list separate the calls to the rooms opposed to calls for the apartments. Conte: No it does not. Conte: Previous owner had an arrangement with the state of New Jersey for funding to make improvements as long as it remained a rooming house for five (5) years. The five-year period has now expired. The apartments will be year round rentals. You will not have a more intense use. I am not requesting the deck anymore. Mr. Wolfersberger: How many bedrooms: Conte: One bedroom. Pardes: There will be no exterior modifications. What proposed changes will be involved? Conte: I will be hanging two doors on existing frames. Document showing loan for life safety improvements; entered as A-12. Spader: Are one of the apartments occupied by a manager. Conte: yes, law requires it. Police Report entered as A-13. Conte: Apartments on first and third floors have two-bedrooms. Wolfersberger: What type of lighting? Conte: There are 5 spotlights. Moberg: What are the sizes of the bedrooms. Struncius: Parking needs to be marked by 7 bumpers that indicate spaces. Conte: About 10′ x 12". Pardes: You would request that parking remain a gravel area. You have no objection to the Building Department monitoring the situation. Moberg: I suggest that you install a stockade fence from the east rear side of property line to the building. Conte: No objection. All garbage is to be located in a central enclosed area on the east side of the home.
No audience questions
Tom Thomas: Stated that he visited the property. Most testimony has been addressed. Area is a mixture of residential development. This approval will reduce the number of rooms. Change from transient rooms to apartments, which will create a greater stability in the neighborhood. You will get young couples or retired people renting these apartments. Tooker: What are the conditions of the rooms? Thomas: The turn of the century rooms are all painted and clean. Conte: I will be making less revenue, but I will be able to sleep better with a different type of tenant.
It will be less trouble. There will be no seasonal rentals. Apartments will not be furnished.
No audience questions

Conditions: 1. Parking area is to be redesigned by having 7 parking bumpers to identify spots.
2. Parking areas – Applicant shall add gravel as needed to eliminate puddles.
3. Applicant is to submit landscaping plan to be reviewed and approved by the board’s engineer. The board wants a buffer if possible nearest the neighboring residence.
4. The stockade fence is to be extended along the east of the building from the rear of the building to the rear of the property line.
5. All garbage and recycling cans are to be placed in a centralized fenced in area east of the stairs.
6. Any proposed interior construction must conform to applicable building codes and building permits are to be obtained.
7. Prior to getting any building permits, applicant shall provide a certification from the borough treasurer that all taxes and municipal assessments and penalties are paid to date.
8. The site is to have an on site manager.

Deliberations : Struncius:I think we are in a hands tied situation. We have to take a crack at this in a new way. We are seeing control of density and it is less non-conforming. Improvements that are going to clean up and some site improvements. Reducing population and density. I do not see any negative affect. In favor. Moberg: We are looking at negative and positives. Transient situation being decreased. Hopefully the price will be a little higher and the clientele will get better. Reduced non-conformity. Less of an intrusive non- conformity. Spader: I agree with the proposal and the conditions outlined. In favor.

Motion by Mr. Struncius, second by Mrs. Tooker to approve application #2005-37 with conditions.

Vote: Simon, Wolfersberger, Struncius, Moberg, Tooker and Spader…………….Yea
Opposed: None

Application approved with conditions

Applicant #2005-40, John Christoudias and Assoc., LLC, 304 Channel Drive; Block 167; Lot 16; Applicant wishes to demolish existing motel and construct 16 new townhouses.
(Application will not be heard due to applicant’s failure to notice)

Meeting adjourned. Attest: Karen L. Mills, Clerk of the Board