BOROUGH OF POINT PLEASANT ZONING BOARD OF ADJUSTMENT February 3, 2016

Transcription

1 BOROUGH OF POINT PLEASANT ZONING BOARD OF ADJUSTMENT February 3, 2016 The regular meeting of the Point Pleasant Zoning Board of Adjustment was called to Order by Chairman Schroeder at 7:00 P.M. Mr. Schroeder led the Salute to the Flag. He proceeded to open the meeting in compliance with the Open Public Meetings Act. Members Present: Mrs. Petrillo Mr. Veprek Mr. Seebald Mr. Coleman Mr. Nikola Ms. Masterson Mr. Weiglein Mr. Blank Mr. Schroeder Attorney: Mr. Kitrick Members Absent: Mr. Ganim Ms. Commins Resolutions: Lambrou Property Management, LLC- Block 100 Lot Arnold Avenue- Use Variance Schwartz Ocean Ave & 1205 Brown St- Minor Subdivision A motion to memorialize was made by Mr. Seebald, seconded by Mr. Coleman Mr. Veprek- Yes Mr. Seebald- Yes Mr. Coleman- Yes Mr. Nikola- Yes Mr. Schroeder- Yes Unfinished/New Business: Fischer- Block 112 Lot Stonehedge Lane- Use Variance & (7:04-7:13) The applicant is looking to construct a roofed front-entrance addition, a second story bump-out addition and enclose an open porch. There are also pre-existing nonconforming conditions on the property. Mr. Popovitch, attorney for the applicant. Mr. Bruce Fischer, applicant, 520 Park Ave, NY was sworn in. Mr. Popovitch explained that this home has a prior non-conforming use and they are seeking to construct a roof over the existing porch. A-1 Rendering of current home A-2 Rendering of proposed renovations Mr. Coleman asked if the apartment would be rented.

2 Mr. Fischer replied no, it would be used for the caretaker. Public Portion: None Mr. Schroeder thinks it is a beautiful plan The Board agreed. A motion to approve was made by Mrs. Petrillo, seconded by Mr. Coleman Mrs. Petrillo- Yes Mr. Veprek- Yes Mr. Seebald- Yes Mr. Coleman- Yes Mr.Nikola- Yes Ms. Masterson- Yes Mr. Schroeder- Yes Beraitis- Block 105 Lot Estelle Ave- Certificate of Continuance of a Non-Conforming Use or Use Variance (7:13-9:20) Mr. Popovitch, attorney for the applicant. Mr. Beraitis, son of the applicant was sworn in. Mr. Popovitch stated the applicant purchased the home in 1994 in the homes current configuration. The property record card represents multi family. The following was marked into evidence: A-1- Deed 1994 A-2- Letter from John Wardell 1994 A-3- Rental Inspection A-4- Rental Inspection A-5- Rental Inspection A-6- Certificate of rental A-7- Garage A-8- Photo Package of lower unit A-9- Photo Package of the upper unit Mr. Popovitch stated that anything existing prior to 1979 was allowed to exist as a prior non-conforming use. There is another ordinance stating that two-family homes prior to1986 are allowed to continue. Mr. Popovitch explained there is no access from one unit to the next. The only access to the upper unit is from the rear steps. Mr. Kitrick asked if evidence was provided to prove that this home existed prior to He has proved the case to 1994, not Mr. Popovitch weighed on a letter from John Wardell, Zoning Officer and the property record card from the Tax Assessors office. He further stated the applicants did not convert the home. The conditions of the cabinets and other construction prove the age of the home. If nothing else, it cries out for variance relief. There are separate gas and electric meters. The garage is simply storage, no habitable space.

3 Mr. Veprek questioned the age of the meters. He believes the gas or electric company should be able to provide that information from the serial number. Mr. Schroeder questioned if a site plan was going to be submitted. Mr. Popovitch didn t believe so. He stated the contract purchasers are present, if there are going to be conditions for improvements. Public portion: Questions of Mr. Beratis, none Public Comments on the application: Mr. Daniel Moore, 1121 Estelle St, objector. O-1 O-5 Photos Mr. Moore testified the garage configuration lead to concerns. Also the driveway looks like a commercial parking lot. Mr. Moore has lived in the area since Mr. Veprek asked if this home has been a two-family since 1976? Mr. Moore replied yes, but corrected his response to no. The home was like his, but he is not sure when it was converted. There was a person who lived upstairs, but not per-say a two-family. He doesn t recall it becoming a two-family until the Beratisis s purchased the home. Mrs. Petrillo questioned if there are any other two-family homes on the street. Mr. Moore replied no. Mr. Popovitch was questioning how the person accessed the upstairs. Mr. Moore had no idea how the person accessed the home. Mr. Coleman questioned if the home has led to a derogation on the street. Mr. Moore replied yes. Mr. Popovitch stated he has the contract of sale. Mr. Kitrick read the pertinent information into the record. Mr. Popovitch called Nicole Deluca, contract purchaser.

4 Nicole Deluca Sacoya Cirlce, Toms River. Ms. Deluca testified she is under contract to purchase the home. She will occupy one unit and rent out the other unit. They will be making improvements to the property. She is looking to purchase a twofamily to supplement the mortgage. Tom Dishon, 1123 Estelle, objector asked if they would be selling in a few years, becoming an off-site landlord. Ms. Deluca stated they plan on living in the home. Public Comments: Pamela Moore, 1121 Estelle St, stated the yard has a commercial parking lot. It s a wonderful block, this home is a problem. Steven Lawaich, 1118 Front Street, objector how long does variance last? Mr. Schroeder, forever Mary Turbek 1127 Estelle St, lived in neighborhood for 9 years and the home has been a two-family since she has lived there. She also believes it s a good way to get young people in the town. Ellen Martin, 1118 Front Street, asked if there could be a condition that the owner has to live in one unit Mr. Kitrick replied he didn t believe so. Mr. Popovitch believes the Board can grant the continuance based on the evidence provided. The home is taxed as a two-family, there is a letter from John Wardell and there is no access to the upper unit from inside the home. Caucus Mr. Schroeder explained there are two situations, Certificate of Continuance of a Non- Conforming Use or Use Variance Mrs. Petrillo doesn t feel there is enough evidence to grant the continuance. A Use variance would be needed. Ms. Masterson doesn t feel it warrants the continuance. The home has not been an asset to the neighborhood. Mr. Coleman agrees that the burden of proof has not been met. Mr. Veprek there is no evidence of this being a legal two-family before A motion was made by Mr. Seebald to deny the Certificate of Continuance, seconded by Ms. Masterson Mrs. Petrillo- No Mr. Veprek- No Mr. Seebald- Yes Mr. Coleman- No Mr. Nikola- Yes Ms. Masterson- Yes Mr. Schroeder- No The Use Variance application was carried to March 2, The Board wants to see a site plan and Architectural Plans. The applicant needs to prove how this would be a benefit to the community.

5 Keefe- Block 101 Lot Bradford Dr- Rear Yard Setback (9:22-9:29) The applicant is looking to construct a rear-yard addition and a roofed deck. The applicants are looking to construct a rear yard addition and a roofed deck. Relief is needed for a rear yard setback. The applicants are proposing 10.33ft where 25ft is required. Sean and Heather Keefe were sworn in. Ms. Keefe stated they are looking to construct a rear bedroom and would like to add a master suite. They have two children and need more space. Public portion: No comments The Board was in favor A motion to approve was made by Mr. Veprek, seconded by Mr. Seebald Mrs. Petrillo- Yes Mr. Veprek- Yes Mr. Seebald- Yes Mr. Nikola-Yes Ms. Masterson- Yes Mr. Schroeder- Yes Mesce- Block 306 Lot East Dr-Front Yard Setback (9:30-9:32) The applicants are looking to construct a new front entrance and an expansion to their porch. Relief is needed for front yard setback, 19ft is required, and proposed is 13.6ft. Mr. Mesce stated they are looking to construct an expanded front porch and a new entrance to create a foyer. The proposed construction will be an enhancement to the home. Public comment: None Mr. Veprek believes it will look nice. The Board agreed. A motion to approve was made by Mr. Seebald, seconded by Mrs. Petrillo. Mrs. Petrillo- Yes Mr. Veprek- Yes Mr. Seebald- Yes Mr. Coleman- Yes Mr. Nikola- Yes Mr. Weiglien- Yes Mr. Schroeder- Yes

6 Caruso- Block 279 Lot Boat Point Dr- Rear Yard Setback Deck 2ft Above Grade(9:33-9:38) The applicant is looking to construct a deck within the rear yard setback. The deck has a height of 5.87 above finished grade. Marian Caruso was sworn in. Ms. Caruso testified she raised her home and is looking to raise her deck as well. It will be safer the same height. Public portion: None Mr. Seebald had no problem with the deck. Mr. Schroeder agreed. A motion to approve was made by Mr. Veprek, seconded by Mr. Nikola. Mrs. Caruso- Yes Mr. Veprek- Yes Mr. Seebald- Yes Mr. Coleman- Yes Mr. Nikola- Yes Ms. Masterson- Yes Mr. Schroeder- Yes Vouchers: King, Kitrick, Jackson & McWeeney LLC DelPiore- $ Durra- $ Hyde v PPBOA- $525 Gentile- $ Lambrou- $43.75 Schwartz- $43.75 McNicholas- $ Respectfully submitted, Sharon Bestine Zoning Board Secretary