Board of Adjustment

November 16, 2023 The November 16, 2023 the 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, vice-chair Pasola, Mr. Dixon, Mr. McGee, Mr. Driber, Mr. Neill and Ms. McFadden and Chairman Struncius Also, present –Ben Montenegro, Ray Savacool and Karen Mills Denise Sweet – court Reporter Live streaming link - https://www.youtube.com/channel/UCflODKbSFakXUEKiyxSYdUA/live Memorialize minutes Motion by Mr. Dixon, second by Mr. McGee to memorialize the minutes of August 17, 2023 In favor: Kelly, McGee, Dixon, Driber, Neill and McFadden Opposed: None Applications 2023-12 – James/Nancy Mulvihil – 1000 St. Louis Avenue – Block41; Lot 11 – Applicant wishes to add a one-story addition and front porch. Requiring 6 bulk variances. John Jackson on behalf of the applicant reviewed the revised application. Original application was not FEMA compliant. Basically, lifting the house to be FEMA compliant. Exhibits entered A1 – Certified Variance Application A2 – Survey by Morgan Engineering, David J. Von Steenburg, P.L.S., dated 10/14/22; Architectural Plans by JSA, LLC, Jacob Soloman AIA, dated 10/14/23 A3 – Power Point Packet (10 pages) 11/9/23 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Applicant’s Architect Jacob Soloman, R.A., sworn, credentials accepted stated that the subject property is located in the SF-5 Zone. The lot is a corner lot, with street frontage on St. Louis Avenue and New Jersey Avenue. The proposed plan seeks to raise the existing single-family dwelling above the DFE of 12 (BFE=9) to a first-floor elevation of 13. The home is not currently compliant, with the finished first floor at approximately elevation 9. He confirmed all habitable spaces, equipment servicing the home and the electric meter shall be installed above DFE. The proposed improvements as depicted on the plans submitted include a second story addition, a fill-in addition and a covered porch. He noted that the depth of the porch is 6’ which is functional and to scale with the home aesthetically. As shown on the plans, the garage shall remain without modification. James Mulvihil, applicant, sworn, explained his reasoning for the measurements. No audience questions/comments Deliberations Kelly – Very nice – busy corner – sidewalks are there and maintained. Driber – Can’t find any reason to object to it. Dixon – It won’t affect any neighbors and think turning the stairs would make it look nice. McGee – I agree with the stairs being turned. Nice design and will be a nice improvement to the corner. I like the geometry of the roof. Neill – Beautiful design. I am nervous about the stairs coming out that far because it is so close to the curb. Other than that, I think it is a beautiful house. McFadden – I am in favor of the plan and believe that the shower should be removed. Pasola – I agree with the moving of the steps and the shower removed other than that it is a beautiful design. Conditions 1. Applicant shall revise the plan/architectural to change the design of the stairs (2) from porch from a straight design to a turned stair (in direction of driveway) so as to decrease the front setback encroachment. Straight stairs provided for a 7.6’ front setback while the redesign shall provide for an approximately 10’ front setback. The final dimension/design shall be subject to the review and approval of the Board engineer. 2. There shall be decorative brick finish from grade to the start of siding/shingles on all four sides of the home with landscape plantings in compliance with 19-8.4 for exposed foundation. 3. Applicant shall revise the plans to remove the existing rear outdoor shower that is noncompliant for setback. Motion by Vice-chair Pasola, second by Mr. Driber to approve application #2023-12 of James/Nancy Mulvihil – 1000 St. Louis Avenue – Block41; Lot 11 with conditions In favor: Kelly, Driber, Dixon, McGee, Neill, McFadden and Pasola Opposed: None Application approved with conditions 2023-28 – Zareh/Jessica Ekmekjian – 1206 Ocean Avenue – Block 28.01; Lot 2 – Applicant is seeking variance approval to demolish existing single-family structure and build new single-family dwelling with pool requiring 5 variances. John Jackson, attorney for applicant, a) Maximum building height were 35’ is permitted and 38.42’ is proposed. b) Maximum area for an upper story deck whereas 200 sf is permitted and 945.1 sf is proposed. c) Minimum setback for a rooftop deck from the edge of the building where 5’ is required and 2.5’ is proposed The Applicant has requested variance relief for the demolition of the existing home on site and the construction of a new single-family home on this oceanfront lot. Variance relief is required for building height, maximum area for an upper story deck, and minimum setback for a rooftop deck from the edge of the building. Exhibits entered A1 – Certified Variance Application A2 – Plot Plan by Lindstrom, Diessner & Carr, last revision date 10/20/23; Architectural Plans by Akertect Design, Chris J. Aker, (dated 10/24/23) A3 – Power Point Packet (19 pages) 11/13/23 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Charles Lindstrom, P.E., P.P., sworn, credentials accepted, stated that the subject property is located in the SF-5 Zone. The property is an oceanfront lot with existing home to be demolished and new single-family home to be constructed in compliance with current FEMA guidelines. The first floor is set at elevation 21.33 while DFE is elevation 12. All habitable spaces, equipment servicing the home and the electric meter shall all be installed above DFE. This provides for safety at the site and for the neighboring properties. He noted how the design of the home presented minimized the deviation from the ordinance requirements. Referencing Exhibit A3 (page 3), he noted the location of the FEMA line limitation that burdens the lot. No construction (other than decks) is allowed eastward of that line. As such, applicant designed the home to comply not only with that line but with the front setback requirement of the zone. To maximize the functionality of the site and oceanfront views, the design provides for outdoor rear decking where allowed. The location and design of the home and decks further took into consideration the existing locations of the adjoining homes/decks to maximize the view/usage of the subject property while not creating any negative impacts to the adjoining properties. He pointed to Exhibit A3 (page 4) to show the appropriate design for the subject property in conjunction with the existing development of the neighboring properties. He noted that the finished floor is set at elevation 21.33 which allows views from the first floor over the dune; while providing for ground floor parking. He noted that while the subject property is designated VE12, the nearby properties are VE15 and VE16. As such, the design of the home and height proposed is in keeping with the character of the development in the area. In fact, at those nearby properties, several homes at peak are at a higher elevation than that proposed by the subject application. He confirmed that the proposed plans provide for RSIS compliant off-street parking and also confirmed the proposed plans meet the ordinance requirements for building coverage and total lot coverage. Chris J. Aker, RA, sworn, credentials accepted, stated that he designed the home to be a luxury coastal Nantucket style oceanfront home that will be an aesthetic improvement to the site and a benefit to the oceanfront community in the Borough. The architectural details provided in the design mitigate against any impact by the height variance requested. On the ground floor level, the design provides for garage parking together with reasonable storage space; the first-floor level, the plans provide for five bedrooms and outdoor rear deck at dune level to provide for a view of the ocean above the dune; On the second-floor level, the plans provide for the kitchen, dining room, living room, additional bedroom and swimming pool, together with a rear deck overlooking the beach and ocean. The third-floor half-story provides for a loft and sitting area, together with a roof top deck overlooking the beach and ocean. He believes that the architectural design and features of the home are not only a significant aesthetic improvement to the existing home on site; but will be a significant aesthetic improvement to the area. He noted that the design/location of the home and outdoor decks were crafted to address the limitations on development at the site due to FEMA and local zoning requirements; while at the same time coordinating their plans to impose no negative impact to their ocean front neighbors in any way. Anthony and Jessica Ekmekjian, applicants, sworn, stated that they are the title owners of the subject property and are constructing this home for their family’s use. The design was thoughtfully crafted to build an oceanfront home in a coastal style that is functional and an aesthetic improvement to the area; while being thoughtful and cognizant of the sight lines for the existing developed adjoining oceanfront homes. Deliberations Kelly – I go by and would always feel bad for the people in your house. It is an ideal spot for this home. I have no objection to this what so ever. Driber – When I first reviewed this application and saw the 900-sf deck, I thought that is a large deck; but when you see it, it is a good utilization of the views and location. Dixon – Not overlooking the neighbor’s yard – not intrusive at all - extra height makes sense. You are in the ocean front McGee – This is big, the architect really did a good job making it look smaller in front. Have no problem with the decks or height. Neill – I think it is a beautiful home – no objections McFadden – very good design, very good taste – I didn’t like the second tier deck until you explained the reverse living. Pasola 2023-32 – Mark/Barbara Curcio – 1710 Beacon Lane – Block 179.03; Lot 9,03 – Applicant is seeking variance relief to construct a raised 2 ½ story, single-family dwelling with paver driveway and 1190 square foot upper story deck. Meeting adjourned at 10:10pm Attest: Karen L. Mills, LUA Clerk of the Board