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April 1, 2010

Minutes

The April 1, 2010 Special 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: Mr. Wolfersberger, M. Kelly, Mr. Spader, Chairman Struncius and Mr. Reilly Alternates: Reynolds and Ardito


Motion by Mr. Ardito, second by Mr. Kelly to memorialize the minutes of March 4, 2010.

In favor: Kelly, Struncius, Reynolds and Ardito
Opposed: None


Application#2010-04 – Barry Moffett – 1901 Ocean Avenue – Block 6; Lot 1 – Applicant wishes to operate a family style billiard parlor.

Steven A. Pardes, attorney for applicant. Barry Moffett, applicant, sworn. Barry Moffett stated that he wants to have a family style pool hall that will have 6 – 7 (8 ½ foot pool tables) pool tables. No food or beverages will be sold. Applicant stated that he will be initially involved with the business and that his children will be running it with a security guard in the evening. Applicant wishes to stay open until 1am on the weekends for the survival of the business. Mr. Reilly inquired if the applicant intends on any plantings on the exterior. (yes – in pots). Mr. Struncius asked how the bicycles will be handled. Barry Moffett stated that he will install a bike rack; Loitering will not be allowed.

Ken Gillies – Questioned the 200 foot list and why his unit was not noticed. (Dennis Galvin explained that with Condo ownership that the manger gets noticed and that the applicant has noticed the list that he was given).

Eric Smith – Also questioned the notice.

Alison Coffin – Professional Planner, credentials accepted. Alison Coffin stated the site is suited to this use. There are no changes proposed to this site and that special reasons do exist. It is an appropriate site for recreational uses. There is a benefit to the public by providing recreational entertainment. The subject site is a fully developed commercial area. Proposed variances will not impact the Master Plan. Her conclusion is that the proposed use will satisfy the negative and positive criteria and there will be no detriment to the surrounding area.

David Menzel – Ocean Avenue – Questioned that testimony the pool hall has a benefit to the public.

Ken Gillies – Questioned how it will affect the traffic? Deferred to later when traffic expert testifies.

Nicholas Verderese, traffic expert – 2317 Rt. 34, Manasquan, NJ – Reviewed site layout plan (11/11/1986) there are 50 parking spaces plus 6 off site spaces for a total of 56 spaces; 83 parking spaces are required for the property. Approximately 14 parking spaces would be need for this retail use. Because of its proximity to the pub restaurant the scenario could be it is 9pm at night; friends go and eat and then shoot some pool so the uses are complimentary. Bicycle parking should be provided in the court yard.

Joe Feely -1809 Beacon Lane – Questioned safety crossing Route 35. Directed to contact the county with safety concerns.

Eric Smith – made comments and was directed to contact the landlord. His concerns were not affiliated with the applicant.

Ken Gillies – Complaints refer to parking; also directed to contact landlord. Complaints are not affiliated with this applicant.

Steven A. Pardes – summation






Deliberations

Mr. Wolfersberger – I do not believe that the use will change the parking situation. I have a concern about granting this variance for a pool hall and then ownership changes down the road and we have a problem. I worry about security and the time of operation concerns me with the proximity to the bar. Potential negative impact…I would be opposed.

Mr. Spader – Justification in this case is very weak. Not in favor.

Mr. Reilly – When I first saw this I had a concern about it attracting pro pool players and the applicant answered my concerns. I almost fell out of my chair when I heard the hours. They are not family hours. 9am till 7pm are family hours; I would have a tough time voting for this.

Mr. Reynolds – the hours caught me off guard also. 11pm or 12pm would be better; I see it as somewhat beneficial.

Mr. Struncius – He is on the fence. The hours seem aggressive. I have no preconceived notion that this is a family place; it is next to a bar. I would have a concern about the 16 and 18 year olds.


Motion by Mr. Spader second by Mr. Reynolds to approve application 2010-04 of Barry Moffet with conditions.

In favor: Spader, Struncius, Reynolds and Ardito

Opposed: Wolfersberger, Kelly and Reilly

Application denied



Application #2009-21 – Teresa Braunworth – 404 Chicago Avenue – Block 97; Lot 10.02 – Applicant wishes to construct a 5 x 12 foot porch.

Teresa Braunworth, applicant, sworn. Front yard variance 15.23 feet to the new porch. The porch will be aesthetically pleasing and will not be blocking the neighbors light or air.

Deliberations

Mr. Wolfersberger – It is deminimus – in favor

Mr. Reynolds – I do not believe that you need a rail..in favor

Motion by Mr. Reilly, second by Mr. Reynolds to approve application #2009-21.

In favor: Wolfersberger, Kelly, Spader, Struncius, Reilly, Reynolds and Ardito.
Opposed: None


Application#2009-25 – Dennis and Stacy McGlinchy – 614 Forman Avenue – Block 58; Lot 16 – Applicant wishes to convert garage into cabana.


John J. Jackson, attorney for applicant. Applicant has two older and two younger children. Prior resolution approved pool and addition. Applicant would like to turn a portion of garage into a cabana. Footprint of garage will not change. Stacy McGlinchy, applicant, sworn. Applicants hoping to keep the kids out of the home when they are wet. A portion of the garage will still be utilized for storage; only the one half will be heated. The storage area will not be heated. Garage will not be utilized for sleeping. Pool mechanicals will be located 5 feet off rear setback.

Deliberations

Mr. Wolfersberger – In favor – cannot be converted into living space.

Mr. Ardito – Not to be converted into living space.

Mr. Kelly – Feel more comfortable knowing it cannot be converted to living space.

Motion by Mr. Reilly, second by Mr. Ardito to approve application #2009-25 of Dennis and Stacy McGlinchy with conditions.

In favor: Wolfersberger, Kelly, Spader, Struncius, Reilly, Reynolds and Ardito.
Opposed: None



Conditions

1. Pool mechanicals to comply with ordinance and be approved by board engineer.
2. Garage portion of structure is not to have heating or plumbing.
3. There is to be no cooking facility in the cabana.
4. No overnight accommodation or habitable space.




Motion by Mr. Ardito, second by Mr. Kelly to memorialize Application#2010-07 of Cosimo and Teresa Santoro with conditions.

In favor: Wolfersberger, Struncius, Kelly and Ardito
Opposed: None


Applicant - #2010-06 – Richmond Avenue Family LP/Tom Bergstrom – 501 -503 Richmond Avenue & 600 Arnold Avenue – Block 90; Lot 23 – Applicant wishes to reconfigure the existing space on the second floor to reconstruct 5 apartments in fire damaged building.

Application #2010-06 carried to April 7, 2010 without notice.


Published May07, 2010 | Board of Adjustment Minutes | 1017


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