Board of Adjustment

September 19, 2024 The September 19, 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, Kelly, Reynolds, McFadden, Dealmeida, Neill, Loder and Struncius Absent – Dixon, Driber and McGee Also, present – Ben Montenegro, Esq, Board attorney and Ray Savacool, Board PE and Karen L. Mills clerk to the Board. Court Reporter – Denise Sweet Memorialize resolutions Motion by vice chair Reynolds, second by Ms. McFadden to memorialize the action and vote approving application 2024-19 of Delcho/Jennifer Paletchev – 605 St. Louis Avenue – Block 78; Lot 1 – Applicant wishes to elevate and renovate existing structure. Approved with conditions Agenda 2023-28 – Ekmejian – 1206 Ocean Avenue – Block 28.01; lot 2 – Applicant previously approved – CAFRA requesting house being moved towards Ocean Avenue 5 feet. John Jackson, attorney for applicant, stated that the applicants have now re-applied to the Zoning Board of Adjustment seeking an amendment to the prior resolution of approval to allow the home the previously granted height variance, on the subject premises to be shifted 5’ to the west of the property per a New Jersey Department of Environmental Protection requirement. According to the application, other than the change in the location of the building, no other changes are proposed. The Applicant is seeking an amendment to the prior resolution of approval as the house on the property must be shifted 5’ from the original approved location of the house. The Applicant is also seeking re-affirmance of previously granted variance relief including but not limited to, for building height, maximum area for an upper story deck, and minimum setback for a rooftop deck from the edge of the building. The following were submitted in support of the Application: Exhibits  A1- Certified Variance Application; A2- Plot Plan by Lindstrom, Diessner & Carr, last revision date 6/24/24; A3- Power Point Packet (16 pages) Zoning Officer Denial dated July 2, 2024; Prior Resolution of Approval dated December 21, 2023; Board Engineer Report of Raymond W. Savacool, P.E., P.P. Kenneth Smith, P.E., P.P., sworn, credentials accepted, stated that the property is an oceanfront lot with an existing home to be demolished and a new single-family home to be constructed in compliance with current FEMA guidelines. The property is located within 2 flood zones: VE (12) and Zone X. He summarized the timeline of events that lead to the revision on the variance plan to move the dwelling back to the location as noted on the previously approved CAFRA permit and the variances that were previously granted in 2023 and provided planning testimony as to the C-1 and C-2 criteria that support the grant of the variances. He confirmed that the applicants are seeking all the same variances, and nothing is changing other than the location of the house and the front yard setback which is a difference of 5.3’ from the previously approved front yard setback. Anthony Ekemejian, applicant sworn, stated that after the prior approval of the application, they were made aware that the New Jersey Department of Environmental Protection required the home to be moved 5’ further west than its approved location, which triggered a denial from the zoning officer and necessity for re-application to the Board of Adjustment for amended approval. Deliberation Davis- Only difference is the five feet. I have no issue McFadden – I was here for the first application and I have no issue Reynolds – Deminimis change – no problem Kelly – Happy to see something going in there. Large setback. Dealmeida – Nice looking house – no problem with the change Neill – no objection Loder – beautiful house – no objection Struncius – CAFRA is making the change – different than original approval – no issue Motion by vice chair Reynolds, second by Mr. Neill to approve application 2023-28(2) – Ekmejian – 1206 Ocean Avenue with conditions In favor: Davis, McFadden, Reynolds, Kelly, Dealmeida, Neill and Struncius Opposed: None Application approved with conditions 2024-27 – Kendall Smith – 417 Arbutus Avenue – Bloc 162; Lot 15 – Applicant proposing 6-foot fence in front yard. Kendal Smith, applicant, sworn, stated Exhibits entered A1 – Certified Variance Application A2 – Survey of Property, by Morgan Engineering & Surveying, David J. Von Steenburg, P.L.S. (dated 4/9/21) (hand marked depicting proposed location for 6’ vinyl fence) 9/18/24 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Kendal Smith, applicant, sworn, stated that she is the title owner of the subject property. The property is a corner lot with frontage on Arbutus Avenue and Yale Avenue. The existing single-family home on site has nonconformities for front yard setback on Arbutus Avenue and rear yard setback. There are no proposed modifications to the home; only the fencing on site. Applicant proposes to replace the existing wood stockade type fencing which is in poor condition with a new vinyl fence 6’ in height as depicted on the marked survey submitted. Applicant believes that the proposal advances purposes of zoning as set forth in NJSA 40:55D-2 (a) (b) and (i) – noting that the proposal provides for an aesthetic improvement to the site and a functional/safety improvement to the site which will adequately and safely contain her dog; while the nonconformity creates no detriment to the public good. Applicant does not believe that there are any 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 – I certainly see given the exceptional size of the property the fence is needed for safety. Extension on the other side only makes sense. McFadden- The fence is not that close to the road – I would be in favor of this Reynolds – I have no problem with a 6-foot fence. I think it will look nice Kelly – I also think it will look good – not that much of a change Dealmeida – I live on a corner lot so I appreciate your situation. Neill – In see no problem with this. Loder – I am aligned with the board. The privacy and safety – I support this application Struncius – Fence will match with neighbor. 6-foot fence on east side has already been there. A lot of it is replacing existing. Motion by secretary Davis, second by Ms. McFadden to approve application 2024-27 of Kendall Smith – 417 Arbutus Avenue with conditions In favor: Davis, McFadden, Reynolds, Kelly, Dealmeida, Neill and Struncius Opposed: None 2024-06 – Jon/Carolyn Studham – 10 Harvard Avenue – Block 136; Lot 102 – Applicant looking for approval of pre-existing deck at time of purchase. Borough has no record of permits for this deck. Jon/Carolyn Studham applicants, sworn. Jon Studham stated that they are seeking the following variances. 1. Maximum building coverage where 30% is permitted and 46.6% is proposed (existing). 2. Maximum impervious coverage where 50% is permitted and 59.9% is proposed (existing); 52% as modified during course of hearing. 3. Accessory structure location where accessory structures are permitted in rear and side yards only and the kitchen assembly proposed is located in the front yard. 4. The lot is deficient (existing nonconformities) for lot area, lot depth, front yard setback, side yard setback, and rear yard setback. Jon Studham stated that they wish to renovate an existing deck at the rear of the dwelling together with construction of a kitchen assembly in the deck area and is requesting variance relief for maximum building coverage, maximum impervious coverage and location of the accessory structure (kitchen assembly) within a front yard. Exhibits entered A1 – Certified Variance Application A2 –Plan of Survey, by Richard S. Zinn, N.J.L.S. (dated 5/24/22); hand marked sketch of deck proposed. 5/8/24 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Applicants Jon and Carolyn Studham, stated after purchasing the home, applicants began a renovation of an existing deck located at the rear of the existing dwelling. The property is irregular shaped and significantly undersized with frontage on Harvard Avenue. The previous owner received building permits for the installation of a deck in 1999, however the deck that was constructed and existing at the time of the purchase of the property by applicants was larger than the deck authorized by permit. The applicants seek to renovate/replace the deck in its existing location and construct a kitchen assembly in the deck area as depicted on the plans submitted. Applicant believes that the proposal advances purposes of zoning as set forth in NJSA 40:55D-2 (a) (b) and (i) – noting that the proposal provides for a functional outdoor deck space that is an aesthetic and safety improvement to the site; while the nonconformity creates no detriment to the public good. Conditions 1. Applicant agreed as a condition to remove the pavers that are currently existing below the deck proposed. This will have the effect of reducing impervious coverage by 7.2% (total of approximately 52%). 2. Applicant agreed as a condition to eliminate the originally proposed sink from the kitchen assembly. Deliberations Davis- I think the removal of the subdeck is a good compromise. I think the deck is suitable for the family to enjoy the outdoors. McFadden – Randall floods a lot – decreasing impervious coverage – in favor Reynolds – Reducing impervious coverage – probably in favor Kelly – one of the nicest locations in town - Dealmeida – I do not have a problem – in favor Neill – I appreciate getting the impervious down – no objections Loder – The following FEMA rules is very important for the towns CRS rating – impervious reduction is important Struncius – The board has made excellent points. Board made recommendations – and you agreed – thank you. Motion by secretary Davis, second by Ms. McFadden to approve application 2024-06 of Jon/Carolyn Studham – 10 Harvard Avenue – with conditions In favor: Davis, McFadden, Reynolds, Kelly, Dealmeida, Neill and Struncius Opposed: None Application approved with conditions Meeting adjourned at 10:35pm Attest: Karen L. Mills, LUA Clerk of the Board.