LITTLE SILVER PLANNING BOARD BOROUGH OF LITTLE SILVER 480 PROSPECT AVENUE LITTLE SILVER, NEW JERSEY 07739 (732) 842-2400 Thursday, July 11, 2013 Regular Meeting - Planning Board 7 P.M The Regular Meeting was called to order at 7 P.M. by Chairman Jacobi who gave the following Statement of Compliance: Adequate notice of this meeting has been provided by giving of annual notice to the Asbury Park Press and Two River Times and by filing of such notice with the Clerk of the Borough of Little Silver and by prominently posting said notice on the Borough bulletin board. Roll Call: Present: Chairman Jacobi, Mrs. Ramsey, Mr. Scott, Mr. Chimento, Mr. Perfetto, Mr. Holzapfel, Mr. Orlando, Attorney Leckstein and Borough Engineer, Mr. Blash Absent: Mayor Neff, Dr. Scott, Mrs. Smith, Mrs. Hough Chairman Jacobi noted that both Alternate Members would be participating. Correspondence: Notice of Violation and Order to Terminate regarding the Tietjen property at 21 Vista Drive. Request for a one year extension of variance approval granted July 10, 2012 to Mr. and Mrs. Narang, 12 Silverside Avenue. Copies of Purchase Orders. Discussion followed with regard to the request of Mr. and Mrs. Narang for an extension of their approval. The Secretary read the letter received from their Architect s Office which noted that the request was due to Hurricane Sandy. After brief discussion, Mr. Scott Moved to approve the extension for one year. Seconded by Mr. Chimento and the following Roll Call was taken: Mr. Holzapfel, Mr. Orlando Approval of Minutes: Mr. Scott Moved to approve the Minutes of the June 13, 2013 Meeting. Seconded by Mr. Chimento and a unanimous voice vote followed. Unfinished Business: Variance Application of Joseph Elko to demolish the existing structure and construct an approximately 69 by 40 two story single family dwelling on the property at 133 Winding Way, Block 68, Lot 4, in the R-2 Zone which violates the minimum required lot area of 25,000 square feet where 20,383 square feet is existing; the minimum required front yard setback of 50 feet where 47 feet is proposed; the maximum allowable building height of 30 feet and 2 ½ stories where 30 5 is proposed: Attorney Leckstein reminded the Board that this application was carried from the last meeting and that service had been satisfactory.
James Siciliano, Esquire appeared behalf of the applicant and reminded the Board that it had taken testimony on this application at the last meeting and the question of the Floor Area Ratio had arisen. The application was then carried and the house has since been reduced to meet the FAR. Matthew Cronin, Architect, again appeared and marked the revised plans as A-3. He testified that he was asked to design the house in place of the existing ranch as his clients had decided to demo and rebuild, keeping within the size and character of Winding Way. Proposed is a 3,657 square foot, Dutch Colonial style home with four bedrooms and a two car attached garage. The house will be raised several feet above grade. When questioned by Attorney Leckstein, Mr. Cronin informed the Board that there is no additional property to obtain, the height requirement will not be exceeded and the front setback has been revised to 50 feet. When questioned by Mrs. Ramsey, Mr. Cronin stated that the FAR is now at.1794. Attorney Leckstein noted that that leaves little room for anything additional. Mrs. Ramsey asked for a clarification as to the potential purchase of the property. David Elko was sworn in and stated that the house is being sold to Galway Builders. Attorney Leckstein confirmed then that they will accept the plan and restrictions? Mr. Elko responded in the affirmative. Chairman Jacobi questioned the square footage and Mr. Cronin responded that about 2,100 square feet is existing. Chairman Jacobi called for questions or comments from the Board or public. There were none. He then called for a Motion to dispose of the application. Mr. Chimento Moved to approve the Application as revised. following Roll Call was taken: Seconded by Mr. Scott and the Chairman Jacobi, *Mrs. Ramsey, Mr. Scott, Mr. Chimento, Mr. Holzapfel and Mr. Orlando *During the vote, Mrs. Ramsey commented that she was voting yes reluctantly noting the closeness to the FAR and there being little to no room for a potential purchaser to add on. New Business: Variance Application of William and Tracy Marucci to construct a one story, 507 square foot screened porch with outdoor kitchen area on the property at 655 Prospect Avenue, Block 46, Lot 50, in the R-1A Zone which violates the minimum required lot area of 40,000 square feet where 36,600 square feet is existing; the minimum required improved road frontage of 150 feet where 100.9 feet is existing; the minimum side yard setback for a principal building 23.5 feet in height of 32.5 feet on each side where 14.9 feet and 14.5 feet is existing; the minimum required side yard setback for an accessory structure of 15 feet on each side where 1 foot and 88 feet is existing: Attorney Leckstein noted for the record that his review of service found it in order and the Board to have jurisdiction over this Application. Mr. and Mrs. Marucci appeared and were sworn in. They explained that they proposed a one story screened porch off the rear of the home. When questioned by Mr. Scott, Mr. Marucci responded that the existing Arborvitae between his home and his neighbors is about 12 to 13 feet high. That neighbor is approximately 30 to 40 feet
away. Mr. Scott noted that the proposal appears to be remote and not to be a burden on the neighbor. Chairman Jacobi called for questions or comments from the Board or public. Seeing none, he called for a Motion to dispose of the application. Mr. Scott Moved to approve the Application as presented. Seconded by Mr. Perfetto and the following Roll Call was taken: Mr. Holzapfel and Mr. Orlando Variance Application of Neil Houston and Sarah Jindal to construct a 22 by 16 4 one story addition consisting of a kitchen and dining area and an 18 by 6.5 dormer addition consisting of a master suite and bathroom on the property at 52 Grant Place, Block 1, Lot 10, in the R-3 Zone which violates the minimum required lot area of 20,000 square feet where 10,188 square feet is existing; the minimum required improved road frontage for a corner lot of 150 feet on each road where 50 feet and 150 feet is existing; the minimum required front yard setback of 30 feet from each street where 36.9 feet and 24 feet is existing; the minimum required side yard setback for a principal structure of 15 feet on each side where 7.8 feet and 84.7 feet is existing and 7.8 feet and 62.2 feet is proposed; and the minimum required side yard setback for an accessory structure 240 square feet in size of 15 feet on each side where 7.7 feet and 17.7 feet is existing: Attorney Leckstein noted for the record that his review of service found it in order and the Board to have jurisdiction over this Application. Mr. Houston, Applicant, was sworn in along with Chet DiLorenzo, Engineer. Mr. DiLorenzo explained the proposal to construct an addition to the south side of this corner lot and reviewed the variances required as noted above. He stated that the Applicant is not increasing the bedrooms or selling the home. This is the last residence on the street before the commercial area begins. Mr. Scott noted that he viewed the property which contains beautiful, mature trees. Chairman Jacobi questioned the side yard setbacks as described above, in particular, the 7.8 feet and Mrs. Ramsey explained that this is existing. Chairman Jacobi called for questions or comments from the public. Daniel Bielskie, 46 Grant Place, was sworn in and stated that he is in full support of his neighbors proposal. Mr. Scott commented that notice had not been provided to Lot 1, Block 3, the Borough of Little Silver. Attorney Leckstein responded that Applicant provided a waiver from the Borough regarding the notice. Mr. Scott then Moved to approve the application as presented. Seconded by Mr. Chimento and the following Roll Call was taken: Mr. Holzapfel and Mr. Orlando
Variance and Coastal Wetlands Application of Darpan Kapadia and Erica Olan to demolish the existing dwelling and construct an approximately 4,810 square foot, 2 ½ story, single family residence with widow s walk, a 254 square foot attached cabana and 790 square foot, three car attached garage, 1,055 square foot deck, 44 by 22 swimming pool, 264 square foot pool pergola, 2,006 square foot pool patio, an 80 lineal foot retaining wall ranging from 2 to 2 ½ feet high and install fill in the driveway area on the property at 48 Paag Circle, Block 66, Lot 18, in the R-1 Zone which violates the minimum required lot area of 60,000 square feet where 59,517 square feet is existing; the minimum required improved lot frontage of 150 feet where feet is existing; No building, structure, improvement and/or development which increases the footprint of any existing structure or building or which enlarges the ground area of development currently existing on the subject property or which is new development shall be permitted in the Coastal Flood Zone where fill below the five foot contour is proposed: Attorney Leckstein noted for the record that his review of service found it in order and the Board to have jurisdiction over this application. Rick Brodsky, Esquire appeared on behalf of the applicant. He noted that the lot is barely undersized and discussed the required variances as noted above. The existing home was damaged by Hurricane Sandy and the Applicant proposes a new home to be built at a first floor elevation of 14. Grading will be provided to the front door and the garage, some fill is needed. A CAFRA application is pending but it is felt that there is no problem in that regard. The existing home will be demolished next week. Mr. Blash noted that a side yard variance is required as well; the chimney is proposed at 43.5 feet from the side yard where 44 feet is required. Stephen Krog, Licensed Landscape Architect was sworn in. He stated that he is licensed in five states including New Jersey and has testified before this Board and others. He prepared the site plan which was marked as A-1. Marked A-2 was the survey. He discussed A-1 as a color rendering of the proposed site plan and reviewed the site noting that the pool is almost in the same location and the house is largely in the same location. The remainder will be lawn. Evergreens will be added on the property line to provide screening and ornamental landscaping is proposed around the house. When questioned by Chairman Jacobi, Mr. Krog started that the pool is proposed at elevation 7.25 and 110 feet from the water. When questioned by Mr. Chimento, Mr. Krog stated that the pool was proposed at a lower elevation to minimize the grading. Chairman Jacobi questioned the number of truckloads of fill needed? Mr. Krog responded that fill was proposed on the front and side of the house to get access to the house and garage and was done per the Borough Engineer. The amount of fill will be less than1,000 square feet, about 50 truckloads. Mr. Chimento stated that he was concerned with the pool at the lower elevation. Mr. Blash stated that it would not be a problem if it were raised with a vertical retaining wall. Mr. Chimento stated that he would prefer that it be raised. Mr. Krog responded that the Applicant would be happy to do that and that the maximum would be about 30 inches, no more than 2.5 feet. Attorney Leckstein confirmed that if the Board were in favor of this, the application would be subject to the plan being revised for Mr. Blash s approval to raise the pool with a retaining wall instead of fill as discussed. Philip Therrien, 47 Paag, was sworn in and questioned if the applicant was not raising the pool, would the proposal not be allowed? Mr. Chimento responded no, it is just a suggestion.
Attorney Leckstein noted that the approval also is for the 43.5 foot side yard setback on the right side of the house for the chimney where 44 feet is required. Mr. Chimento Moved to approve the application as amended with the condition discussed. Seconded by Mr. Scott and the following Roll Call was taken: Mr. Holzapfel and Mr. Orlando Request of Derek and Stacy Tietjen, Block 19, Lot 14, 21 Vista Drive, for Extension of Condition #5 of the Board s April 18, 2013 Resolution All improvements in the revised plan, including the installation of permeable pavers, the elimination of the driveway extension and the reduction of the patio areas and the installation of the drainage facilities shall be completed within sixty (60) days of the adoption of this Resolution. Permission for any extension of this time limit must be made before the Planning Board : After brief discussion, Attorney Leckstein noted for the record that the two newest Board Members, Messrs. Holzapfel and Orlando were eligible to vote on this issue. The Secretary explained that a Violation Notice had been issued by the Construction Official as he was not allowed in to make the inspection for the completed work. Work had not been completed and Attorney McKenna has sent a letter asking for an extension of the Board s condition that the work be completed 60 days from the date of the Resolution. Attorney Leckstein reminded the Board that this application involved the Applicant building more, greatly exceeding the allowed coverage and the neighbor objecting. The application took a long time and after reductions in the coverage and an issue regarding the service a plan was finally agreed to and the Applicants were given 60 days to demo and complete the improvements. Chairman Jacobi commented that there has been more than one example of bad faith. Mr. Scott stated that he didn t feel the request for an extension was reasonable. Mr. Chimento questioned what would happen if the extension is not granted? The Secretary responded that the Building Department will proceed. Mr. Blash expanded, stating that the applicant would be given a number of days to correct the situation and then would be fined. If the Board extends the time, that power will be taken away. This has been before the Judge before, they will be given extra time. They do, however, have the right to file an appeal with the Construction Board of Appeals. Mr. Chimento stated that the Board worked hard on this application and he was no longer sympathetic. Mr. Scott Moved to deny the request for the extension. Seconded by Mrs. Ramsey and the following Roll Call was taken: Chairman Jacobi noted that a yes is to deny the request for an extension. and Mr. Orlando Mr. Holzapfel
Resolutions: Attorney Leckstein reviewed the following Resolutions for the Board s consideration noting that the conditions were mostly standard. Application of Salvatore J. Martelli, 716 Newman Springs Road, Suite 367, Lincroft, New Jersey to demolish the existing structures and construct an approximately 64 by 55 two and a half story single family home with a 29 by 18 on grade terrace and a 6,010 square foot circular drive on the property at 512 Little Silver Point Road, Block 65, Lot 10, in the R-1 Zone which violates the minimum required improved lot frontage of 160 feet where 100 feet is existing; the minimum required side yard setback for a principal building 34 feet in height of 43 feet on each side where 18.6 feet and 18.7 feet is proposed; and the minimum side yard setback for an accessory structure (3 air conditioning condensers and generator on a raised platform) of 15 feet where 14 feet is proposed. Mr. Scott Moved to approve the Resolution as presented. Seconded by Mr. Chimento and the following Roll Call was taken: Chairman Jacobi, Mr. Scott, Mr. Chimento, Mr. Holzapfel and Mr. Orlando Application of David and Jennifer Renna to construct a 28 by 8.5 dormer addition, interior renovations, a 7 by 12 deck expansion and a 5 by 7 stoop and steps on the property at 36 Salem Lane, Block 8, Lot 27, in the R-3 Zone which violates the minimum required lot area of 20,000 square feet where 7,500 square feet is existing; the minimum required improved road frontage for a corner lot of 150 feet on each road where 75 feet and 100 feet is existing; the minimum required front yard setback of 30 feet from each street where 20.5 feet and 22.74 feet is existing; the minimum required side yard setback for a principal structure of 15 feet on each side where 7.9 feet and 34.5 feet is existing; the minimum required side yard setback for an accessory structure 80 square feet in size of 8 feet on each side where 6 feet is existing; and detached accessory structures shall be located in other than a front yard where an 8 by 10 accessory structure exists within the front yard, 9 feet from the front property line. Mr. Scott Moved to approve the Resolution as presented. Seconded by Mr. Chimento and the following Roll Call was taken: Chairman Jacobi, Mrs. Ramsey, Mr. Scott, Mr. Chimento and Mr. Holzapfel Application of West End KB, LLC, 14 Bridgewaters Drive, Oceanport, New Jersey to demolish the existing structures and construct a 48 by 66 two story, single family dwelling and 14 by 24 deck on the property at 451 Little Silver Point Road, Block 62, Lot 8, in the R-1 Zone which violates the minimum required lot area of 60,000 square feet where 43,738 square feet is existing; the minimum required improved lot frontage of 160 feet where 132.5 feet is existing; the minimum required side yard setback for a principal building 34.83 feet in height of 43.83 feet on each side where 44.5 feet and 39.5 feet is proposed. Application of James and Jennifer Salvo to demolish the existing rear porch and construct an approximately 42 by 25, 980 square foot one story addition consisting of a family room, master bedroom and bath, a 21 by 12 rear porch and 7 by 9 rear stoop, demolish the existing front stoop and construct a 10 by 8 one story bedroom addition, an 8 by 8 front porch, replace the existing 368
square foot walkway with a 374 square foot walkway, relocate two AC units and install a generator on the property at 26 Manson Place, Block 30.2, Lot 13, in the R-3 Zone which violates the minimum required rear yard setback for an accessory structure 96 square feet in size of 8 feet where 4.67 feet is existing; the minimum required side yard setback for a principal structure of 15 feet on each side where 8.4 feet and 15 feet is existing and proposed; the minimum required side yard setback for an accessory structure 96 square feet in size of 8 feet on each side where 85 feet and 2.67 feet is existing. Application of Tair Pyng and Su Yueh Lee to demolish the existing garage and a 3 by 12 portion of the existing house and construct a 24 by 24 one story garage, rebuild the existing approximately 32 by 22 rear portion of the structure, construct a 32 by 12 two story addition, rebuild the existing 6 by 32 porch, construct a 5 by 7.5 basement entrance, replace one AC condenser and install one new AC condenser on the property at 459 Prospect Avenue, Block 38, Lot 14, in the R-3 Zone which violates the minimum required lot area of 20,000 square feet where 17,768 square feet is existing; the minimum required improved road frontage of 100 feet where 78 feet is existing; the minimum required front yard setback of 30 feet where 23.65 feet is existing; the minimum required rear yard setback for an accessory structure of 15 feet where 5 feet is proposed; the minimum required side yard setback for an accessory structure of 15 feet on each side where 5 feet is proposed; the minimum side yard setback for an air conditioning condenser of15 feet from the side property line where one condenser is existing and a second is proposed 12.3 feet from the property line. Application of Deborah DiMicelli to demolish the existing structure, leaving an existing shed, and construct a 3,455 square foot, 1 ½ story single family residence including a screened porch and open deck and 40 lineal feet of block retaining wall ranging from 0 to 2 feet high on the property at 20 Winding Way, Block 61, Lot 16, in the R-2 Zone which violates the minimum required lot area of 25,000 square feet where 20,000 square feet is existing and the minimum required side yard setback for an accessory structure 200 square feet in size of 15 feet on each side where 7 feet and 82 feet are existing. Mr. Scott Moved to approve the last four Resolutions as presented. Seconded by Mr. Chimento and the following Roll Call was taken: Chairman Jacobi, Mrs. Ramsey, Mr. Scott, Mr. Chimento, Mr. Holzapfel and Mr. Orlando Copies of the within Resolutions are attached hereto and made a part hereof in their entirety. Public Portion: Miscellaneous: Chairman Jacobi questioned whether the Board needs to do anything regarding the proposed Walgreens in Red Bank? Mayor Neff responded that there had been a meeting and he wasn t sure whether it will come to the Board in relation to the small lot located in Little Silver. There is the question of whether the Board should take a position. Attorney Leckstein stated that this should not be prejudiced; the Board should wait and see if something is received. Chairman Jacobi questioned the application before the Agricultural Board regarding the possible winery. Attorney Leckstein stated that it had been adjourned to August. He was asked to discuss the issues with the Governing Body on August 5th and if he is free he will do that. Chairman
Jacobi noted that Mr. Chimento may have personal knowledge and may wish to testify. Attorney Leckstein stated that he didn t know how the Governing Body was proceeding, it was being handled by Attorney Bennett. He had recommended to him a traffic expert. Chairman Jacobi stated that he Chaired the Ag Board for nine years and they seem to be following a different procedure. Attorney Leckstein stated that the Statute is poorly written but worth a test as the property was never a farm. Attorney Leckstein stated that he would follow up with Attorney Bennett. Mrs. Ramsey commented that the way the process was explained by the Ag Board, if approved, it is really a negotiation between the Board and the property owner instead of a site plan application. There being no further business to come before the Board at this time, Mr. Holzapfel Moved to adjourn at 7:56 P.M. Seconded by Mr. Perfetto and a unanimous voice vote followed. Dated: August 9, 2013 Diane L. Ramsey Secretary/Administrative Officer