Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone 732-219-0581 fax

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November 6, 2008

LITTLE SILVER PLANNING BOARD
BOROUGH OF LITTLE SILVER
480 PROSPECT AVENUE
LITTLE SILVER, NEW JERSEY  07739
(732) 842-2400

Tuesday, November 6, 2008                            7 P.M.
Regular Meeting - Planning Board

The Regular Meeting was called to order at 7 P.M. by Chairman Jacobi who gave the following Statement of Compliance:  Adequate notice of this meeting has been provided by giving of annual notice to the Asbury Park Press and Two River Times and by filing of such notice with the Clerk of the Borough of Little Silver and by prominently posting said notice on the Borough bulletin board.

Roll Call:    Present:    Mayor Castleman, Chairman Jacobi, Mr. Scott,
Mr. Drawbaugh, Mr. Chimento, Mr. Nuara and Attorney Leckstein

Absent:    Councilman DeNoia, Mr. Olimpi and Mr. Lindsey

Correspondence:  October 28, 2008 letter from Attorney Drazin requesting that the Privatera application be carried to November 18, 2008 and waiving time.  November 5, 2008 letter from Attorney Clarkin requesting that the Walgreen’s application be carried to January 13, 2009 and waiving time through January 30, 2009.  Copy of incomplete notice from Freehold Soil regarding 48 Paag Circle.  October 28, 2008 memo from the Administrator requesting the return of a budget proposal by Friday, November 21, 2008.  Copy of DEP letter of Approval regarding Early Years Preschool, 49A Church Street.  October 20, 2008 letter from the County Planning Board forwarding Demographic and Economic Statistics.  Sign Application of Healthy Glow Airbrush Tanning.  Copy of purchase order.

Approval of Minutes:  Mayor Castleman Moved to approve the regular and executive session Minutes of the October 7, 2008 meeting.  Seconded by Mr. Scott and a unanimous voice vote followed.

Request for Extension of Approval of December 4, 2007 – Paul A. Stach, 15 Alwin
Terrace, Block 84, Lot 2:

Chairman Jacobi reviewed Mr. Stach’s request for a one year extension and noted that the Board generally grants such a request.  He called for public questions or comments.  Seeing none, he called for a Motion to dispose of the matter.  Mr. Drawbaugh Moved to grant a one year extension to December 4, 2009 as requested.  Seconded by Mayor Castleman and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Scott, Mr. Drawbaugh,
Mr. Chimento and Mr. Nuara

Negative:    None

Abstentions:    None
Chairman Jacobi questioned whether there was anyone present regarding the Walgreen’s or Privatera Application, and noted that both applicants have requested that the applications be carried.  Confirming that there was no one present, he stated that the matters would be handled formally in Agenda order.

Application of Matthew Kelly, 14 Bridgewaters Drive, Oceanport, New Jersey to construct a 61’ by 19’ L-shaped two story addition, 14’ by 18’ irregular shaped two story addition in the garage footprint, a 14’ by 14’ two story addition, a 25’ by 15’ L-shaped front porch, paver walk and driveway and interior renovations on the  property  at 12 Borden Place, Block 64, Lot 1, in the R-1 Zone which violates the minimum required lot area of 60,000 square feet where 16,461 square feet is existing; the minimum required improved lot frontage for a corner lot of 160 feet facing both streets where 100 feet and 160 feet is existing; the minimum required front yard setback of 50 feet where 61 feet and 32.2 feet is existing and 61 feet and 29.5 feet is proposed; the minimum required side yard setback for a principal building 34.7 feet in height of 43.7 feet on each side where 13.7 feet and 15.2 feet is existing; the minimum side yard setback for an accessory building 100 square feet in size of 8 feet where 2.3 feet is existing; detached accessory buildings shall be located in other than a front yard where a shed is existing within the front yard; the maximum allowable impervious surface of 25% where 45% is existing; Closed fences within a front yard shall not exceed 3 feet in height where an existing fence located in the front yard exceeds 3 feet in height; A swimming pool shall be located not less than 25 feet from the side or rear of the residence where 15 feet is existing and 12 feet is proposed and no pool shall be located in the front yard where a pool is existing:

Attorney Leckstein noted for the record that service was in order and the Board had jurisdiction to hear this application.

Michael DuPont, Esquire appeared on behalf of the applicant and in place of Attorney Martin McGann.  He explained that the proposal is to add 911 square feet on the first floor and 2,300 square feet on the second floor, a total of 4,700 square feet and an attached garage on this corner lot.  The first floor will be reconfigured and a bump out addition constructed.  The variances noted are pre-existing and the condition of the property is not being exacerbated.

When questioned by Attorney Leckstein, Attorney DuPont responded that the Kellys are expected to reside in the home.

When questioned by Chairman Jacobi, Mr. DuPont stated that there are no new variances proposed.  Reviewing the site plan with the building envelope highlighted in pink, he pointed out the small building envelope.  Chairman Jacobi commented that it appears that the footprint is already into the setbacks and that the additions will be the same.  Attorney DuPont responded that this was correct.

Mr. Drawbaugh stated that the plans show a second story dormer and questioned where the additions were in the rear?

James Monteforte, Neptune, New Jersey, Licensed Architect in New Jersey was sworn in.  He testified that the existing home is two stories and will be expanded out the back.  The proposal is to update the home, create better space and provide a larger kitchen.  The bump out at what is perceived to be the rear of the home is for that larger kitchen.  Also proposed is an entrance foyer where none exists now; this will be provided by the reconfiguration of the first floor.  The home has an oversized two car garage; some of that space will be used for the reconfiguration as well.  The second floor is being renovated and an addition is proposed there as well.  A covered porch is proposed which will bring the footprint a little closer than it is now.

Chairman Jacobi noted, as to the front setback 32.2 feet is existing and 29.5 feet is proposed.

When questioned by Mr. Drawbaugh, Mr. Monteforte explained that the second floor will be pushed out over the new first floor addition by 10 feet but will be no closer to the property line than the existing garage.  This home is on a corner lot and does not have a rear yard but two sides and two fronts.  The pool is existing and was approved by the Board.  He stated that there is a hardship in that it would be difficult to build a house on this lot.

The Board reviewed the key map provided by the applicant with Attorney Leckstein noting that the house most affected is Lot 2.  Mr. DuPont stated that this was correct and noted that the owner, Mr. Lucas, had no objection and is happy with the renovation.

Chairman Jacobi called for questions of Mr. Monteforte from the public.

Howard Ostran, 550 Little Silver Point Road, was sworn in.  He stated that he did not receive notice.

Attorney Leckstein reviewed the notice and advised that the certified mailing sent to 550 Little Silver Point Road was returned.  He questioned Mr. Ostran as to whether he had been away?  Mr. Ostran stated that the house is in transition and that no mail has been delivered in the past two years.  Attorney Leckstein explained that the notice was sent to the address provided on the Assessor’s list and was returned as no one picked it up; the applicant complied with the law and the notice is good.

Mr. Ostran questioned Mr. Monteforte as to whether there would be any change to the grading?  Mr. Monteforte responded no, the foundation would not be touched.  The addition is the same height, there is no change to the grade. On further questions from Mr. Ostran, Mr. Monteforte testified that some of the existing driveway will be removed and four cars will be able to be parked in the driveway.  Construction vehicles will access the lot to the right of the garage.

Susan Smith, 24 Borden Place stated that she is concerned with experiencing foundation cracks.  Mr. Monteforte responded that there will be removal of asphalt in the driveway area which will be replaced with landscaping.  There will be no digging, there should be no problem.

Matthew Kelly, property owner, was sworn in.  When questioned by Mr. Drawbaugh, he testified that the exterior materials would be consistent, natural cedar shakes.  He will be living in the house.

Chairman Jacobi called for comments from the public.

Marty Martin, 30 Borden Place, two doors down, was sworn in.  She stated that she is concerned with the volume of the proposed house.  The existing home is 1,500 square feet and the proposed 4,700 square feet, it will be triple in size.  It is not just the footprint, but the overall space.  Her house is 1 ½ stories as is the home to the east.  This home would be two floors plus what seems to be an attic; she feels it will overwhelm the lot.

Mr. Drawbaugh stated that the plans show 3,423 square feet.  Ms. Martin stated that the notice says the home is 1,447 with a 911 square foot addition on the first floor and 2,351 square feet on the second floor, a total of 4,709 square feet.  After review and discussion, Mr. Monteforte stated that the total when done would be 4,709 square feet.

Attorney Leckstein reminded the Board that as the home rises in height, the side yard setback increases in this zone.  The existing side yards were then reviewed and noted to be 13.7 feet and 15.2 feet where 43.7 feet on each side is required.  Attorney Leckstein noted that the person most affected doesn’t object.

Mr. Ostran questioned where the additional runoff would be going, the direction of the downspouts, etc.?  Attorney Leckstein explained that the Borough Engineer reviews all plans during the zoning review process; plans must be approved prior to coming to the Board.

Attorney DuPont stated that he had a Planner present if the Board wanted his testimony.

When questioned by Mr. Scott in light of the discussion on square footage, Attorney Leckstein confirmed that the notice was good.

Mr. Scott stated that although the applicant is not creating new variances, the home is still moving out into the side setback; even though the garage is already in the setback, the addition is about a third as large.

Paul Ricci, 434 Sixth Avenue, New York, New York, with offices in Red Bank as well, was sworn in.  He stated that he is a Licensed Professional Planner in New Jersey, working in several towns as well as testifying in court matters.  Mr. Ricci was accepted by the Board.  He testified that he reviewed the site, a property which is an existing non-conforming lot in the R-1 Zone which requires a 60,000 square foot lot with a minimum of 160 feet of frontage on each road as this is a corner lot.  The existing Lot is 16,461 square feet.  He provided a photo board which was entered as A-1.

Attorney Leckstein noted that the Board understands that there is no available land to create a more conforming lot.

Mr. Ricci continued his testimony stating that the proposal is a good alternative as this property is unique and transitional in its location on the corner in the R-1 Zone.  The applicant tried to emulate the character of the area.  Borden Place is a transition from the larger homes to cape cods.  This house is currently non-conforming.  The applicant is reinvesting in the property with a proposal of high quality craftsmanship.  The architect did a good job breaking up the mass with multiple roof pitches.  As to the impact to the easterly property line, he reviewed the photos which show an existing substantial buffer.  The applicant is sensitive to the surrounding properties and will provide additional arborvitae along the fence line; the home really can’t be seen.  Also, there are currently five windows on the second floor; the new addition will reduce the windows to appease the property owner to the rear.  This is a corner lot and under the Ordinance, has two front and two side yards.  Although the pool, under the Ordinance is located in the front yard, it functions as the rear yard and therefore, there will be no one in the area that is perceived as the “rear”.



Mr. Drawbaugh questioned whether this oversized proposal wouldn’t set a precedent for the remainder of the properties in the area?  Mr. Ricci responded that the Board must view each application on its own merits.  There are existing larger homes on larger lots within the 200 foot radius.  This is a transitional property and the architecture is a benefit which outweighs the detriment.

Mr. Scott questioned why this was a transitional property?  He stated that two sides are bordered by streets, on the east side is a larger home and on the other, smaller homes.
Mr. Ricci responded that by transition he feels the style of the homes transition with the neighborhood.

Chairman Jacobi called for questions of Mr. Ricci from the public.

Mr. Ostran stated that his home is on a square acre and has been since 1850.

Marty Martin requested an explanation as to the garage; the applicant is using part of the garage as living space, not moving it further out?  Attorney DuPont stated that this was correct.

Attorney DuPont stated that he has  heard the concerns regarding size and requested informal comments from Board Members as to whether it wished to see revisions; in that case, the applicant would come back.

Mr. Scott questioned the percentage of the expansion of livable space.  Mr. Monteforte responded that the home was currently 2,592 square feet and would be increased to 4,709 square feet.

Discussion  among  the  Board  noted  that  Mayor  Castleman,  Chairman  Jacobi  and   Mr. Drawbaugh all preferred to see a smaller home.  Chairman Jacobi commented that he was happy with the removal of some of the driveway but noted that the structure is much larger than the surrounding area; there is too much mass.  Mr. Scott commented that the lot is very small and the proposal too large for a lot that size.  Mayor Castleman commented that from the road, the house will appear very large. 

Ms. Smith commented that most of the homes in the area are level where this property is on a hill.

After further discussion, it was determined to carry the matter at the request of the applicant to the December 2, 2008 meeting.  Mr. Drawbaugh Moved as noted.  Seconded by Mayor Castleman and a unanimous voice vote followed.

Attorney Leckstein noted for the public that the matter would be heard on December 2nd with no new notice to be provided.

Application of Dr. Frank C. Conte to construct a 5’ high closed fence (board on board) on the  property  at 4 Pine Drive, Block 45, Lot 1, in the R-1 Zone which violates:  Walls and fences, which are not open fences, located in a front yard shall not exceed 36” in height

where a 5’ high closed fence is proposed within the front yard:

Attorney Leckstein stated for the record that his review of service found it in order and the Board to have jurisdiction over this application.

Dr. Conte was sworn in and advised the Board that he proposed a board on board fence and if proposed too close to the sidewalk, he would move it in.  He is trying to gain more privacy.  There are 100 year old pines which give a tremendous amount of shade and are not conducive to plantings in the area.

Mr. Drawbaugh stated that he is concerned with the right of way and noted that the neighbors’ existing fences are set much further back than the proposal.  Dr. Conte again stated that he would move the fence in but noted the Holly trees in the area.

Mr. Drawbaugh stated that 13 feet in from the curb line belongs to the County and suggested that the applicant speak with the Borough Engineer regarding placement.  He wanted the fence to be set back as far as the neighbors.  Dr. Conte stated that he didn’t want to remove the trees.

Attorney Leckstein suggested that the plan be revised to show the fence outside of the right of way without disturbing the Holly and Pine trees.  Mr. Chimento Moved to approve as noted.  Seconded by Mr. Scott and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Scott, Mr. Drawbaugh,
Mr. Chimento and Mr. Nuara

Negative:    None

Abstentions:    None

Application for Amended Site Plan Approval, Use Variance and Sign Applications – Privatera’s Florist, Block 17, Lot 6, 483 Harding Road, R-1A Zone:

Mayor Castleman Moved to carry the above application to the November 18, 2008 meeting, at the request of the applicant.  Seconded by Mr. Nuara and a unanimous voice vote followed.

Site Plan Application of Walgreen’s Corporation, 531 Prospect Avenue, Block 40, Lot 35:

Mayor Castleman Moved to carry the above application to the January 13, 2009 meeting, at the request of the applicant.  Seconded by Mr. Nuara and a unanimous voice vote followed.

Miscellaneous:  Chairman Jacobi reviewed the sign application of Healthy Glow, a tanning salon, which consisted of two signs, one on the front of the building and the other on the side.  After brief discussion, Mr. Drawbaugh Moved to approve the signs as presented.  Seconded by Mayor Castleman and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Scott, Mr. Drawbaugh,
Mr. Chimento and Mr. Nuara

Negative:    None

Abstentions:    None

There being no further business to come before the Board, Mayor Castleman Moved to adjourn at 7:59 P.M.  Seconded by Mr. Chimento and followed by a unanimous voice vote.

                        For Chairman K. Edward Jacobi:

                                   
                        ___________________________
                        Diane L. Ramsey, Secretary


Dated:  November 12, 2008

         
Click on photos to view larger photos

Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone      732-219-0581 fax