Board of Adjustment

May 16, 2024 The May 16, 2024 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: Davis, Reynolds, Driber, Kelly, McGee, McFadden , Loder and Struncius Absent – Dixon, Neill and Dealmeida Regular Meeting ……………………………………..............7:30 pm Open Public Meetings Act Roll Call https://www.youtube.com/channel/UCflODKbSFakXUEKiyxSYdUA/live Memorialize Minutes Motion by vice chair Reynolds, second by Mr. McGee to memorialize the minutes of February 15, 2024 In favor: Kelly, Reynolds, Driber and McGee Opposed: None Motion by Ms. McFadden, second by vice chair Reynolds to memorialize the minutes of March 7, 2024. In favor: Kelly, Driber, McFadden and Reynolds Opposed: None Motion by vice chair Reynolds, second by Mr. McGee to memorialize the minutes of March 21, 2024 – In favor: Kelly, Reynolds, Driber, McGee, McFadden and Struncius Opposed: None Memorialize resolutions Motion by secretary Davis, second by vice chair Reynolds to memorialize the action and vote approving Application #2024-04 - Shawn Casey – 62 Inlet Drive – Block 176; Lot 14.01 – with conditions In favor: Davis, Reynolds, Driber and Struncius Opposed: None Motion by secretary Davis, second by vice chair Reynolds to memorialize the action and vote approving Application #2024-06 – John/Mary DiTosto – 8 Pilgrim Pathway – with conditions In favor: Kelly, Davis, Reynolds, Driber and Struncius Opposed: None Motion by vice chair Reynolds, second by Mr. Davis to memorialize the action and vote approving Application #2024-10 – 21 Ocean Avenue LLC – 21 Ocean Avenue = Block 176; Lot 54 – with conditions In favor: Kelly, Davis, Reynolds, Driber and Struncius Opposed: None Agenda 2024-23 – 1608 East Street PPB, LLC – 1608 East Street – Block 178.02; lot 8 – Applicant is building a Based upon the opening comments of the Applicant, Michael Parnell, sworn, the Board heard the following: 1. The Applicant proposed to construct a new single-family dwelling on the existing vacant lot. 2. The Applicant requested variance relief for lot frontage and lot width. Exhibits A1 – Certified Variance Application A2 – Architectural Plans by Dario Architecture, entitled “New Construction for MPC Builders ”, dated 2/12/24 (last revised 3/20/24) (5 sheets); Survey by TEC Engineering, James Giordano, P.E., dated 9/15/23 5/9/24 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Applicant is the title owner of the subject property. He is a member of the LLC and fully familiar with the subject property and proposed construction. The subject property is located in the SF-5 zone. Single family residential homes are a permitted use in the zone. It is his intent per the plans submitted to construct a single-family home that complies with all bulk requirements of the zone (with the exception of the lot frontage and lot width nonconformities of the lot). As set forth on the plans, the project will provide for ground level garage parking and separate ground level storage with two levels of living space above. The living space provides for 4BR/3 Baths and a functional living space. He confirmed that the plan as submitted provides for 3 parking spaces (2 driveway, 1 garage) and satisfies RSIS and ordinance requirements re same. The radius/curve in the road creates the nonconforming dimension for lot frontage and lot width. The lot meets the zone requirement for lot area. The proposed construction meets the DFE of 13. He stated that the proposal satisfies the criteria for C(1) relief based upon the irregular shape of the lot which creates the lot frontage and width nonconformities, despite meeting the lot area requirement of the zone; and the existing home at the subject property to be constructed meets all other bulk requirements of the ordinance. Deliberations Davis – Completely conforming house; I would like to speak to the neighbor. It is a totally conforming house and it could be a much larger bedroom and window. He has tried to protect your privacy. Driber- Conforming lot in most cases and the house – in favor Reynolds – Everything else conforms – In favor Kelly - Good plan – in favor McFadden – Considerate to the neighbors and it conforms McGee – Everything is conforming except this small variance – in favor Loder – nothing to add Struncius – nothing to add Motion by vice chair Reynolds, second by Mr. Driber to approve application 2024-23 – 1608 East Street PPB, LLC – 1608 East Street – In favor: Davis, Driber, Reynolds, Kelly, McFadden, McGee and Loder Opposed: None Application approved with conditions 2024-11 – Scott Calabrese – 114A Randall Avenue – Block 149; lot 35 – Applicant wishes to add second story and front porch. According to the application, the applicant is seeking the following variances: Front yard setback where 25 ’ is required and 6.81 ’ is proposed. Side yard setback where 5 ’ is required and 2.41 ’ is proposed. Side yard setback (accessory building) where 5 ’ is required and accessory building is over the property line (existing condition). Rear yard setback (accessory building) where 5 ’ is required and 1.24 ’ is proposed (existing condition). Maximum building coverage where 30% is allowed and 35.84% is proposed. Maximum impervious coverage where 50% is allowed and 36.21% is proposed. Minimum lot area where 5,000 sf is required and 3,750 sf is proposed (existing condition). Minimum lot frontage where 50 ’ is required and 37.5 ’ is proposed (existing condition). Minimum lot width where 50 ’ is required and 37.5 ’ is proposed (existing condition). Scott Calabrese, applicant, sworn stated that he is proposing to add a second story to the existing one- story elevated home and expand the front porch as shown on the plans submitted. The Applicant requested variance relief for lot area, lot width, lot frontage, front yard setback, side yard setback, building coverage and impervious coverage; together with variances for existing accessory building for side and rear yard setback (existing conditions to remain without modification). The following were submitted in support of the Application: Exhibits entered A1 – Certified Variance Application A2 – Architectural Plans (3 pages), by Canzani Architects, dated 11/7/23; Survey by Robert H. Morris, P.L.S., dated 11/30/23. A3 – Aerial Photograph A4 – Photograph (Existing home and neighboring home) 5/8/24 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Kevin Spinks of Canzani Architects, Sworn, stated that the applicant is the title owner of the subject property. The subject property is located in the SF-5 zone. Single family residential homes are a permitted use in the zone. The subject property contains an existing elevated one-story home. The lot is 37.5’ by 100’ with a lot area of 3,750 sq. ft . Applicant is seeking to add a second story and expand the front porch. The living space provides for 3BR/3 Baths and a functional living space as shown on the first and second floor architectural plans. He noted that the mechanicals are at the rear of the home and will remain in their current location. He noted that the front setback nonconformity proposed is similar to the front setbacks of homes existing on Randall Avenue in the immediate neighborhood; and the proposed expanded front porch is a functional and aesthetic improvement . In comparing the proposed home as shown on the plans submitted to the existing home, he commented that the proposal is a significant aesthetic improvement to the site. He noted that the size, character and scale of the home proposed is consistent with homes in the neighborhood and the architectural details provided which visually mitigate the size of the home; and provide for an attractive coastal design. Applicant agreed as a condition that the architectural elements and finishes shall be as submitted with the plans presented. He noted that the proposed plan provides for two off street parking spaces in the rear which meets RSIS and ordinance requirements. He testified that the attic height is less than would be required by code for any habitable space. As such, he agreed to any condition that limits the use of said space to storage only. He confirmed that the proposed home and all structures are and shall be compliant with the DFE of 12. He believes that there are no negative impacts created by the minimal deviations from strict compliance with the zoning ordinance and that the benefits advanced by the proposed development outweigh any detriments. Deliberations Davis – A lot of difference 15 years make. Elevated bungalows with three bedrooms yearly occupied. Getting modernized flood compliant home. I do not see anything detrimental. Driber – Certainly I think it will be an approvement. It bothers me that people buy undersized lots and want to do all these things with them. When you buy something undersized you are stuck with what you have. Reynolds – I do not see it as a detriment to the neighborhood. Kelly – This is probably the only one on this side of the street that has not been increased in size. I have no problem with it. Only concern I have is that they should change the zon ing. McFadden – It looks like the rest of the neighborhood. They are mostly pre-existing variances – I have no problem with this. McGee – Yes, I agree – I have seen this neighborhood evolving Loder – Do not see any detriments Struncius – I see this as a C1 and a C2 – Houses are evolving around it and this is an undersized lot. It is a safer compliant house. Motion by Ms. McFadden, second by Mr. Kelly to approve application 2024-11 – Scott Calabrese – 114A Randall Avenue – In favor: Davis, Driber, Reynolds, Kelly, McFadden, McGee and Struncius Opposed: None 2024-08 – 1309 Oceanfront PPB, LLC – 1501 Oceanfront – Block 13.11; Lot 5 – Applicant wishes to elevate existing dwelling - add half story and expand oceanfront deck and reframe roof lines. John Jackson, attorney for applicant reviewed application and variances requested. John Amelchenko, Professional architect, sworn , reviewed submitted plans and request. Upgrading home and extending deck. Home will be updated in existing foot print. There were objectors from the Elizabeth/Carter Beach association represented by an attorney , Mr. Palmer, Esq. with Davison and Paeone Audience questions Robert Roth – 2 Elizabeth – questioned parking Gail Connelly – 1507 Oceanfront – Inquired why now do they have to elevate Rick Venezia – 2 Elizabeth – questioned elevator and if the ground had been tested Stephanie Gurgo – 1503 Oceanfront – Questioned how high the living area is and how deep the deck is ? Ms. D’Agostino – 404 Elizabeth – Inquired about the deck Rita Alvarez, member of the Elizabeth/Carter Association question by Association attorney . Concerned with house affecting beach access. Meeting was carried on a motion by second by to September 19, 2024 without notice In favor: Davis, Driber, Reynolds, Kelly, McFadden, McGee and Struncius Opposed: None 2024-13 – Brian Boyle – 141 Boardwalk – Block 121; lots 2.09 & 2.10 – Applicant wishes to subdivide undersized lot and build new house requiring variances Application moved to September 2, 2024 with notice Meeting adjourned at 10:20pm Karen L. Mills, LUA Clerk of the Board