Board of Adjustment

April 17, 2025 The April 17, 2025 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: Reynolds, Loder, McGee and Struncius Absent – Davis, Dixon, Kelly, McFadden, Dealmeida, Neill and Pasola Memorialize resolution Motion by Mr. Loder, second by vice chair Reynolds to memorialize the action and vote approving application 2025-01 – Scott Thompson – 926 Bay Avenue – 35.03 Lot 8 – Applicant seeking certificate of pre-existing non-conformity for garage apartment. In favor: Loder, Reynolds and Struncius Opposed: None Agenda - 2025-15 – Alex/Devlon House - 802 Briarcliff - Applicant wishes to build new house requiring bulk variances. Alex House, applicant, sworn stated he is requesting variance relief for the demolition of the existing home and construction of a new single-family home, with covered porch, basement, driveway and attached garage. Variance relief is required for front yard setback, rear yard setback and lot depth. The variance relief required for front and rear setback is driven primarily by the 90’ depth of the lot. He noted that the front setback violation is to the steps only (the porch and house meet the required front setback). He further noted that the rear setback violation is to the deck/stairs only (the house meets the required rear setback). Making reference to the plans, he noted that the proposed home is a two-story home with no basement. On the first floor, the plans contain a kitchen, family room, dining room, living room, bathroom and attached garage. On the second floor, the plans contain four bedrooms, two bathrooms, an office and a sitting room. He testified that the proposed plan provides for three off street parking spaces, compliant with RSIS requirements. His intent is to demolish the existing home on site and construct a new single-family home as presented on the Modular House plans presented. In response to inquiry by the Board, Applicant agreed to modify the architectural plans to add windows and architectural details to break up the side facades of the home; said revisions subject to the review and approval of the Board Engineer. Exhibits entered A1 – Certified Variance Application A2 –Plot & Grading Plan by RC Associates- Ray Carpenter, P.E. (dated 2/19/25); House Plans entitled Jersey Modular Homes LLC/House (last revision/approval date of 2/10/25). 4/7/25 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Deliberations Davis – I built a home on a similar lot and understand the hardship. Nice design. Loder – Plans very well suited for this property, Uniqueness of the lot – did a good job designing the house Reynolds – little bit under the building coverage Kelly – pleasantly surprised to see a neighborhood – kids playing in the street. Quite frankly the house on each side are higher. Congratulations McGee- I agree – short wide lot. I understand the need to move quickly. Struncius – Questioned the builder about the addition of windows on the side. Aesthetically it is a little stark. Conditions 1. The Applicant shall comply with all items set forth in the Board Engineer report dated 4/7/25, unless specifically exempted herein. 2. Applicant shall modify the architectural plans to add windows and architectural details to break up the side facades of the home; said revisions subject to the review and approval of the Board Engineer. 3. Applicant shall submit a grading and drainage plan, subject to the review and approval of the Board Engineer. Motion by Mr. Kelly, second by Mr. McGee to approve application 2025-15 of Alex/Devlon House - 802 Briarcliff – with condition In favor: Davis, Loder, Reynolds, Kelly, McGee and Struncius Opposed: None 2025-13 – Timothy/Danielle Dolan – 811 Forman Avenue – Applicant wishes to keep shed in front yard -also requesting building coverage variance. Danielle Dolan, Applicant, sworn, stated that she is proposing to maintain an existing shed (located/installed without approval) within a front yard. The Applicant requested variance relief for shed in a front yard, shed front and side setback and maximum building coverage. Exhibits entered i. A1 – Certified Variance Application ii. A2 – Variance/Plot Plan by R.C.Burdick, P.E., P.P. iii. A3 – Photos (2) of Existing Shed Proposed for Approval iv. 4/9/25 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Based upon the sworn testimony of the Applicants Daniel & Timothy Dolan, the Board made the following findings of fact: B. Applicants are the title owners of the subject property. C. The subject property is located in the SF-5 zone. D. Single family residential homes are a permitted use in the zone. E. The subject property contains an existing single-family home, wood deck, walkways, driveway, and recently constructed pool/patio. F. The lot is a corner lot with frontage on Forman Avenue and Howard Avenue. G. Applicant is seeking to maintain a shed placed by Applicant without permit/approval in the Forman Avenue front yard as depicted on the plans and photos submitted. H. Applicants indicated that the additional storage is necessary (in addition to the attached garage) for the functional use/maintenance of the home and outdoor swimming pool. I. Applicants noted that the landscaping and fencing as shown in A3 makes the location reasonable for the site. A member of the public (Robert Van Brunt) appeared to be heard on the Application. He is the owner of the home next door to the subject on Forman Avenue and objects to the location. He testified that the location is a significant detriment to his light, air and open space as the shed is in close proximity to his front porch Deliberation Davis – I do understand the issues and the problems with screening and the neighbors’ concerns with the view. When you pull up you are aware there is a shed in the front yard. Loder – Looked at the property today and understand the situation. You should of considered what you were going to do with your stuff before you built the pool. Reynolds – I can see that the neighbor’s complaint is valid. Kelly – you agreed to remove the shed and then changed your mind and put the shed in a non- conforming location. Thanbt is why we have the ordinance that it cannot go in the front yard and next to the fence. McGee – We always try to find a solution but this is a safety issue. Struncius – I just don’t think the shed is in a place that it belongs. The next-door neighbor is looking at a shed. Motion by vice chair Reynolds, second by Mr. Loder to deny application #2025-13 of Timothy/Danielle Dolan – 811 Forman Avenue In favor: Davis, Loder, Reynolds, McGee and Struncius Opposed: Kelly 2025-07 – Michael W. Cipoletti – 125 Trenton Avenue – Block 81; Lot 23 – Applicant seeking to raise home requiring bulk variances. Mike Cipoletti, sworn, is requesting to lift his home and add a rear deck. He will be removing an old deck and outdoor shower. The plot plan was not clear and the application is being carried to May 15th, 2025 without notice for clarification. Motion by Mr. Loder, second by Mr. Davis to carry application 2025-07 – Michael W. Cipoletti – 125 Trenton Avenue to May 15, 2025 without notice In favor: Davis, Loder, Reynolds, Kelly, Mcgee and Struncius Opposed: None 2025-14 – McCormack - 224 Randall Avenue Unit 9 – Block 124; Lot 11 – applicant wishes to renovate and add a second bedroom. John J. Jackson, Esquire, attorney for applicant, stated that the applicant proposed to renovate the interior floor plan layout of the condominium unit (#9) to add a second bedroom to the dwelling whereas multi-family/condominium use is no longer a permitted use in the SF-5 zone. Exhibits entered Exhibit A1 – Certified Variance Application; Exhibit A2 – Architectural Plan by PDR Architecture (dated 3/4/25); Survey by Charles O’Malley, P.L.S. (dated 4/2/14). Exhibit A3 – Power Point Packet (11 pages) Exhibit A4 – Association Approval Document Jennifer McCormick, applicant, sworn stated that as shown on the plans submitted, the condominium unit floor plan layout provides for 1BR and 1 Bathroom. The altered first floor plan submitted for approval reconfigures the space to provide for 2 BR and 1 Bathroom. There is no proposed alteration to the footprint of the building and no increase in livable area for the unit. Applicant has submitted to and received approval from the Ocean Breeze Condominium Association for the interior renovation proposed (Exhibit A4). Applicant’s intent is to move to the unit full time (currently renting the unit) with her husband and disabled son; which has prompted the need/request to reconfigure the unit to provide a separate second bedroom. She indicated that each unit is provided 1 designated parking space per unit by the Association. She believes that the additional bedroom in this unit will not impact parking on site. Conditions Applicant agreed as a condition that the ground level shall provide no habitable living space. Deliberation Davis – Moving here has nothing to do with deliberations. I don’t find the expansion of this use to be detrimental to the zone in any way. Loder – I do think the addition of this is deminimis to the town. Reynolds – I also agree – your plan is a good plan. There are three other units and you know what is going to happen next month. Kelly – Gives you room for visitors. McGee - I understand the need – no detriment to the zone. Brings more families down. Struncius – I do not see any negatives – positive criteria is “A” appropriate use of property. More families and space. Motion by Mr. Davis, second by Mr. Loder to approve application 2025-14 – McCormack - 224 Randall Avenue Unit 9 – Block 124; Lot 11 In favor: Davis, Loder, Reynolds, McGee, Kelly and Struncius Opposed: None Application approved with conditions 2025-06 – Michael Shevlino – 805 Orchard – Applicant is not being heard at this meeting. Motion by Mr. Loder, second by Mr. Davis to carry to June 19th, 2025 without notice In favor: Davis, Loder, Reynolds, McGee, Kelly and Struncius Opposed: None Meeting adjourned at 10:50pm Attest: Karen L. Mills , LUA Clerk of the Board.