May 5, 2005

MINUTES

The May 5, 2005 Special Board of Adjustment meeting at opened at 7:40 pm. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were Board members: Moberg, Wolfersberger, Struncius, Simon, Cangelosi, Leonard and Dyer. Absent: Tooker and Palisi.

Motion by Cangelosi, second by Leonard to approve the minutes of April 21, 2005 meeting.

Vote: Moberg, Wolfersberger, Simon, Cangelosi, Leonard and Dyer…………Yea
Opposed: None

Motion by Dyer, second by Leonard to carry application #2005-12, The First Baptist Church, 708 McLean Avenue, to June 16, 2005 without notice.

Vote: Moberg, Wolfersberger, Struncius, Simon, Cangelosi, Leonard and Dyer.
Opposed: None

Application #2004-17, James Barrett. Mr. Barrett asked for the board to revisit his resolution to clarify if he was supposed to remove the bathroom from his third floor. He was under the impression that since the request for the two-family use was denied that he no longer needed to remove the twenty-year-old bathroom. The Board recollects that the bathroom was going no matter what. Mr. Dyer said that Mr. Barrett had agreed to remove the bathroom. Mr. Barrett was confused to why he should have to get rid of a bathroom that has been in the house for twenty years. Mr. Moberg stated that the Board was holding up their interpretation.

Motion by Mr. Leonard, second by Mr. Wolfersberger to deny request to let existing bathroom remain and uphold the resolution.

Vote: Moberg, Simon, Wolfersberger, Struncius, Cangelosi, Leonard & Dyer…Yea
Opposed: None

Resolution extension #2002-47, John Boylan. Mr. Boylan is requesting an extension to his resolution. The original extension expired on June 19th 2004. He is only requesting a three-month period to get his permits.

Motion by Mr. Wolfersberger, second by Mr. Leonard to approve the resolution extension.

Vote: Moberg, Simon, Wolfersberger, Struncius, Cangelosi, Leonard and Dyer….Yea
Opposed: None

Application #2005-10, William Knapp, 100 Harvard Avenue, Block 132, Lot 1; Applicant wishes to create habitable space on third floor.
Steven Pardes, attorney for applicant. William Kenneth Knapp, sworn. Mr. Pardes stated that Mr. Knapp is looking for the variance for habitable third floor space to store his extensive record and memorabilia collection. He went on to explain that Mr. Knapp’s property could be considered a corner lot, due to the fact that he is located on a paper street. Mr.Galvin explained that it is not a street, but appreciates Mr. Pardes thoroughness. Mr. Knapp stated that he has owned the property since February 1997. That his intention is to build a new house here and sell his home in Hillsborough and reside here permanently. Mr. Knapp went on to explain the layout of the new home. Mr. Knapp stated that the new home conforms to all zoning ordinances. He explained that his collection is extensive, (2,500 records, 78 lp’s and assorted albums, and Elvis memorabilia). Mr. Knapp produced some examples of his collection, (Bing Crosby, Johnny Ray records, King Creole contract, etc.). Mr. Knapp went on to explain his extensive interest in his Elvis collection. Ex. A-3, list of collection and value entered, with an approximate value of $118,000.00. Mr. Dyer asked if there were things he would be doing structurally different because of the collection. He said the collection is very heavy and it would need to be in a secure place. Mr. Struncius requested to hear some testimony on why this would not have a negative impact on the neighbor’s. Pictures entered – A-4 (a, b, c, d, e, & f). Mr. Knapp explained that his house would be utilized do to the fact that his daughter’s and mother-in-law stay with him and the garage is not suitable for storage of the collection. His collection requires climate control. Referring to Page A-2 of architectural plan showed that only the roofline is eight feet, which tapers down to 5.5 feet. Mr. Dyer commented that it would be difficult to make a living area out of this space. Mr. Knapp said that having a bad back and knees that it would be easier to have regular stairs then pull down stairs up to the third floor. Mr. Pardes asked if he would mind having a deed restriction limiting the third floor to storage of his collection, and Mr. Knapp replied that he would not. Mr. Knapp said that his next-door neighbor’s received a variance to have their wine cellar on the third floor. Leonard Martelli, sworn, licensed registered architect and planner who has been in practice for 25 years. He has testified in Holmdel, Red Bank and other towns in Ocean and Monmouth County. Credentials accepted. Mr. Struncius wants to be comfortable that the first floor meets flood elevation. Mr. Martelli said that the first floor would be 3 feet above the grade. He has indicated that it must be verified, but he does know that the home must conform and meet 35 feet to the ridge of the home. It may limit the height of the attic or reduce the height of the first and second floor. Mr. Struncius commented that the drawings do not represent the house accurately. We could be looking at a three foot first floor if the home needs to be elevated seven additional feet. Mr. Dyer inquired if this is something they could proceed on and condition the height and flood requirements. Mr. Galvin said that they could and that if Mr. Knapp could not meet the requirements stipulated he would need to come back. Mr. Galvin stated that we are not bound by the BOCA code when it comes to our height requirements. Mr. Leonard questioned why he couldn’t get storage area some place else. Mr. Knapp said he would rather not put $150,000.00 worth of collectibles in an outside storage facility. Mr. Moberg said that technically the only thing Mr. Knapp is looking for is heat, not cooking or uses that make it habitable. Mr. Simon said if you need a storage room it would be better if he did not have those windows overlooking the lake. It would look less like a third floor. Mr. Wolfersberger said when you buy in Point Beach you have limited space. You need to reconfigure space. I am worried about granting a third floor. You have a 50 x 125 lot, which a good part is in the water. I think there are some modifications that could be made, and I do not see a real hardship. I was not here when the wine cellar was granted. Mr. Cangelosi: I happen to agree with my counter parts. If this application is approved it would open the floodgates. I see it more as a Master Plan issue that covers the entire town. We have put this on the town council agenda as a Master Plan issue. There are many people who want to utilize their third floor. Mr. Leonard voiced his concerns. He cannot see that with this large of a house how they cannot figure out how to build a room to fit his collectibles. Mr. Dyer: I don’t see the detriment to the town. I do not know what the negative is even if it is used as living space. Mr. Struncius: We are looking at lake front property. I can see how people would want a big home to maximize the view. Mr. Cangelosi: I believe that everybody should be granted the same use of his or her home. Where they live should not be relative.

Audience Questions:

David Cavagnaro, 118 Parkway, sworn, testified that he has known the Knapp’s for many years. They are a close family. I have seen his extensive collection. You say he should get rid of his garage, but there is not room for parking. You cannot park two cars. It will add to the tax base. He is a family oriented person that cares about the community. He commented that the LaManna homes have third floors and decks.

Chris DeAlmeida, sworn, 70 Harvard Avenue. He was there showing his support for the Knapp’s.

Mr. Struncius requests that when the applicant appears again that he furnish the board with a cross section of the third floor. Mr. Galvin stated that the next meeting should go relatively quickly. The board needs to see the BFE, final configuration and a cross section of the third floor.

At the June 16th meeting, due to the lengthy applications, they will be limited to one hour presentations to be fair to all concerned.

Motion by Mr.Dyer, second by Mr. Struncius to carry application #2005-10 to June 16, 2005 without notice.

Vote: Moberg, Simon, Wolfersberger, Struncius, Cangelosi, Leonard & Dyer…Yea
Opposed: None

Meeting adjourned at 9:40pm

Date;__________________ Attest:_______________________
Karen L. Mills, Board Clerk