Board of Adjustment

July 17, 2025 The July 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: Davis, Dixon, McGee, Kelly, Reynolds, Clayton and Neill Absent – Struncius, McFadden, Dealmeida and Loder Memorialize Minutes Motion by secretary Davis, second by Mr. Dixon to memorialize the minutes of May 15, 2025 - In favor: Davis, Dixon, Reynolds, Kelly, McGee and Clayton Opposed: None Motion by Mr. McGee, second by secretary Davis to add the Special meeting date of August 25, 2025 to the meeting calendar for the Presbyterian Church In favor: Davis, Dixon, McGee, Reynolds, Kelly and Clayton Opposed: None Memorialize resolutions Motion by secretary Davis, second by Mr. Clayton to memorialize the action and vote approving application 2025-18 – Jenk’s – 604 Ocean Ave - Block 83.01, Lots 1.01 and 4 – with conditions In favor: Reynolds, Kelly, Davis and Clayton Opposed: None Motion by secretary Davis, second by Mr. McGee to memorialize the action and vote approving application 2025-12 of Denise/Steven D-Esposito – 118 Central Avenue – Lot 11/ Block 98 – Application approved w/conditions In favor: Davis, Reynolds, Kelly and McGee Opposed: None Motion by secretary Davis, second by Mr. McGee to memorialize the action and vote approving application 2025-22 of James DeBenedett – 512 Bay Avenue – Block 90; Lot 13.02 – Application approved w/conditions In favor: Davis, Reynolds, Kelly and McGee Opposed: None Motion by Mr. Kelly, second by Mr. McGee to memorialize the action and vote approving application 2025-06 of Michael Shevlino – 805 Orchard – Block 205/Lot 12.01 – Application approved w/conditions In favor: Kelly, McGee and Reynolds Opposed: None Agenda 2025-03 – Joann/Jonathan Pfeiffer – 5 Surf and Sand Court – Block 120; Lot 4.04 – Applicant wishes to raise existing structure and add second story. Carried from May 15, 2025 without notice Exhibits entered  A1 – Certified Variance Application A2 – Survey of Property (11/12/24) A3- Plot Plan/Elevation Plans/Architectural Plans (6/16/23, last revised 7/7/25) 5/13/25 Board Engineer Report of Raymond W. Savacool, P.E., P.P. (updated 7/14/25) Applicant, Jo Ann Pfeiffer, and the Applicant’s daughter, Nicole Shaffer, sworn, stated that the subject property contains an existing single-family, single-story dwelling (821.89 sq. ft. Applicant is seeking to raise the existing dwelling and construct a second story addition and add a front deck. The home has been owned by the Applicant’s family since 1954 and they would like to elevate the home and add an addition to accommodate her family. The proposed home would have originally had 5 bedrooms but they have now reduced it to 4 bedrooms and den. AC units are proposed to be mounted in the rear. According to Applicant, given the existing small size of the home and irregular lot shape, it is difficult to meet all zoning criteria while making meaningful updates to the home. Raising the structure and adding a second story will assist Applicant’s multi-generational home meet new safety standards and modern- day living. The existing side and rear yard setbacks are preexisting nonconformities. Based on the existing small size of the existing home, the 33% for a permitted half story would not provide adequate space for a meaningful addition, requiring variance relief for a full second story. The added space would accommodate Applicant’s family’s needs and improve living conditions. Applicant revised plan to eliminate one bedroom, Plans were basically the same and the board felt it was just too much for the lot. The Board determined that this application has not met the requirements of N.J.S.A. 40:55D- 70(c)(2) because the development of the site as proposed for the permitted use presented does not advance any purposes of zoning for the benefit of the Borough as described in N.J.S.A. 40:55D-2, rather solely advances the personal interests/wishes of the Applicant and the detriments caused by the variances requested outweigh any benefits of the application. Deliberations Davis – So we had a few changes and fire compliance. It is simply too much house with the variances required. Dixon – I feel the same way Mr. Davis does. They want too stories where 1 ½ are permitted – possibly 5- bedrooms. This is more of a want – they have not given any hardship reasons except they want more room. McGee – It is a lot of house. These little allies – fitting all these cars in there. Will listen to colleagues. Kelly – I have a real problem with the parking in there. This has been an issue before. Clayton – I appreciate that you came back but I think it is too much house for the area. I do not think you met the burden of proof. Neill – I completely understand your desire to build a house for more room – but this is too much for that lot. Reynolds – I agree it being a lot for the lot but it is one of the larger lots. Some variances improving. Not having a problem as some of the pother board members. Motion to deny application, second by Mr. Kelly to deny application 2025-03 of Joann/Jonathan Pfeiffer – 5 Surf and Sand Court In favor: Davis, Dixon, McGee and Clayton Opposed: Neill, Reynolds and Kelly Application denied 2025-17 – Chris/Christie Boghigian – 306 Laurel Court – Block 79;.01; Lot 14 – Applicant seeks to construct single family home requiring variances. The height is uner 25-feet. John Jackson, attorney for applicant reviewed requested variances. A. Building coverage where 30% is permitted and 32.7% is proposed (33.3% existing). B. Side yard setback (principal west side) where 5’ is required and 4.7’ is proposed for the addition (existing for first floor). C. Side yard setback (principal east side) where 5’ is required and 4.8’ is proposed for the addition (existing for first floor). D. Accessory side yard setback (garage) where 5’ is required and 1.8’ is proposed (existing). E. Accessory rear yard setback (garage) where 5’ is required and 2.7’ is proposed (existing). F. Accessory side yard setback (AC units) where 5’ is required and 1.8’ is proposed (existing). The Applicant is seeking approval to elevate and construct a 1.5 story addition above the existing single-story home, with additional site improvements, including a permeable paver patio and walkways, a recharge trench, covered porch and a covered deck. The existing asphalt driveway and garage are to remain. Exhibits entered A1 – Certified Variance Application A2 – Plot Plan by MCH Engineering (dated 3/6/25); Architectural Plans by PDR Designs Architecture (3/18/25) A3 – Power Point Packet (10 pages) 7/14/25 Board Engineer Report of Raymond W. Savacool, P.E., P.P. Matthew Hockenbury, P.E., sworn, credentials accepted, stated that the existing home is not flood compliant with FEMA regulations. The ground floor portion of home that will be elevated will be non-habitable and used for storage only; the proposed attic will be habitable. Applicant will be replacing the paver walkway and patio with permeable pavers, thereby reducing impervious coverage at the site. The proposal adds a new recharge system, consisting of 5 dome shaped chambers, thereby improving the drainage at the site. The proposal reduces the existing building coverage on the site. He noted that the visibility with the neighbors is already currently obscured and that will remain and that the application will be eliminating an existing AC unit encroachment, with the AC units being moved within the home’s footprint. He believes that the vertical expansion of the home, with de minimis setback relief mitigates any potential negative impact. He believes that the proposal advances purposes of zoning as set forth in NJSA 40:55D-2 (a) (b) (c) and (i)– noting that the proposal provides for a functional improvement to the site; reduces impervious coverage and improves drainage; provides for a FEMA-compliant dwelling; modernizes the home to be compliant with updated fire codes; improving overall aesthetics at the site while maintaining adequate light, air and open space; while the nonconformities create no detriment to the public good. He confirmed the proposed plan provides for off street parking that meets RSIS off street parking requirements. Paul Rugarber, R.A., sworn, credentials accepted, stated that the building footprint of the home is an existing condition. Relocating the foundation to avoid setback relief would be a severe hardship given that only 2-3 inches of setback relief is required for each side. A new, up- to-date foundation will be installed in the same location. The proposed home is designed with various “ins and outs” which mitigates lighting issues in the area. The proposed home is consistent with the neighborhood and provides an overall aesthetic improvement. Chris Boghigian, applicant, sworn, stated that they are expanding their home to accommodate their growing family and will be living at the home full-time, and not renting. The proposal maintains the existing 2-car garage and provides for an additional 3 off-street parking spots. The garage will be non-habitable and the proposal maintains all existing trees on the site. Jay Lieberson, neighbor, sworn, is highly supportive of the application and has no objections whatsoever. Mr. Lieberson made clear that he is extremely appreciative to have the Applicants as his neighbors. Deliberations Davis – It is a lot of house but it is also a lot of property. Design and elevation is an enhancement to the zone. See it is becoming flood compliant – safer the better – nice improvement. Dixon – Big improvement – flood compliant home - oversized lot. Beautiful home – and I like the fact it does not look like a box. McGee – Refreshing to have a family moving in and raising their family. No problem with the garage. FEMA compliant beautiful house. No issue with this application Kelly – Big house – Liberty Lane provides as nice quiet area to park your car. Architecturally it is an improvement. I think it will be very high and very noticeable. Seems to meet most requirements. Clayton – Beautiful FEMA compliant house. Neill - I concur Reynolds – A/c moving inside is an improvement. FEMA compliant and they are reducing building and impervious coverage. Motion by Mr. Dixon, second by Mr. McGee to approve application 2025-17 of Chris/Christie Boghigian – 306 Laurel Court – Block 79;.01; Lot 14 with conditions In favor: Davi, Dixon, McGee, Kelly Clayton, Neill and Reynolds Opposed: None Application approved with conditions 2025-20 – Lester Bianco – 400 Atlantic Avenue – Block 51; Lot 20 – Applicants requesting variances to construct deck, fence, pool and patio. Applicant is not moving forward this evening. They will reschedule and re-notice. Meeting adjourned at 10:20pm Attest: Karen L. Mills, LUA Clerk of the Board.