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May 6, 2010

Minutes

The May 6, 2010 Special meeting of the Point Pleasant Beach Board of Adjustment opened at 7:30 pm. The clerk read the notice of compliance with the "Open Public Meetings Act. Present were regular members: Mr. Spader, Mr. Palisi, Chairman Struncius, Mr. Reilly and Mr. Kelly Alternates: Mr. Reynolds, Mr. Ardito, Mr. Renner and Mr. Madden


Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the minutes from the April 1, 2010 meeting.

In favor: Struncius, Reilly, Spader, Kelly, Reynolds and Ardito

Motion by Mr. Reynolds, second by Mr. Reilly to memorialize the minutes from the April 7, 2010 meeting.

In favor: Struncius, Reilly, Spader, Kelly, Reynolds and Ardito

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the action and vote approving application #2010-06 of Richmond Family, LLC. With conditions.

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

Motion by Mr. Reynolds, second by Mr. Reilly to memorialize the action and vote approving application #2009-25 of Dennis and Stacy McGlinchy with conditions.

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

Motion by Mr. Reilly, second by Mr. Ardito to memorialize the action and vote approving application #2009-21 of Teresa Braunworth with conditions.

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

Motion by Mr. Reynolds second by Mr. Kelly to memorialize the action and vote denying application 2010-04 of Barry Moffett.

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



Application #2010-14 – Doug Bollinger- 101 Ocean Avenue – Block 149; Lot 1 – Applicant wishes to add bicycle rental operation to an existing commercial business. (The Light House Italian Ice)

Douglas Bollinger, applicant, sworn, explained how the operation will work. Hours of operation will be 9am till 7pm. Rental requirements will be photo ID and a credit card. Helmets, bells and locks will be provided. They will be starting with fifteen (15) bikes; Adult cruising bikes and a few bikes for children. Safety rules and regulations will also be provided. A-4 – Pictures entered (location of stored bikes)

Allison Coffin, Professional Planner, sworn, Credentials accepted. Property is an irregular corner lot; previously received a variance for an Italian Ice business. No bulk variances are required for this application and she believes that special reasons exist to approve this use. The proximity to the rental uses and hotels make it well suited to the area. Proposed rental business compliments the Italian Ice business. The variance proposal will not be a detriment to the area. No noise, odor or sound will be created. The use will provide several benefits: It enhances the resort character; it provides visitors with an alternate form of transportation; it may encourage visitors to visit the downtown area without adding to traffic and parking. Adding more bikes to the road will help build Point Pleasants Beach’s biking community for which it was acknowledged in 2008 by the League of American Bicycles.

Lee Kelly questioned the safety of pedestrian’s riding a bike in that area. Doug Bollinger stated that they will be escorted to the crosswalk when exiting. He has met with Officer O’Neill and discussed the business and bike safety. Chairman Struncius suggested that the safety instructions also be posted. Jay Reynolds inquired if they would accept a condition of “no” rental of boogie boards and beach chairs. Doug Bollinger stated that they only intend to rent bikes.


Audience comments/questions

Dave Cavagnaro, sworn – Voices support for entire project. Voted most attractive business in town by Beautification Committee. Served on Mayor Vogel’s bicycle committee – and encourages the use of bicycles. I think this will be a major boom to area.

Deliberations

Mr. Kelly - Has no problem with application with the restrictions placed on it.

Mr. Reilly – Stated that it is a very well prepared presentation. I believe they have thought through possible problems and have dealt with them. I am in favor.

Mr. Reynolds – Believes I will be beneficial to the area; property is clean and looks good twelve months a year. I am in favor.

Mr. Ardito – Application presented well; there are more pros then cons. I would be in favor.

Chairman Struncius – No detriment to area and public good. Nice presentation and well thought out. In favor.

Motion by Mr. Spader, second by Mr. Reilly to approve application #2010-14 with conditions.

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


Conditions

1. Maximum number of bikes to be rented is twenty (20).
2. Each rider must be provided safety tips, helmet and a lock.
3. Rider must be escorted to cross walk when exiting property.
4. Bike rentals are only to be conducted between Memorial and Labor Day.
5. Products on property are limited to bike rentals and ice-cream.
6. Signage will comply with ordinance.
7. Hours of operation will be 9am till 7pm.
8. Bikes will be provided with bell.


Mr. Reilly has stepped down from the following application.


Application #2008-20 – Jenkinson’s North – Beachfront - Block 180; Lot 2 & 3 – Applicant has installed “flooring” to the beach area adjacent to the building in order to hold banquet/reception type functions. Applicant is appealing the decision of the zoning officer. If the applicant’s bid for an appeal is denied, then the applicant will proceed with a request for a Certificate of a Prior Non-Conforming Use. If that bid is unsuccessful the applicant will proceed with the use variance application as well as site plan approval for the proposed renovations.

Application carried without notice from the February 4, 2010 meeting


Ron Gasiorowski, attorney for applicant. Frank Storino, applicant, sworn. Frank Storino testified that the audio equipment is kept in a safe location and the volume can only be increased with a key that is only utilized by management. Frank Storino testified that the maximum number of people that can occupy the outdoor decking is 294, the upper deck can hold approximately 90 people. The outdoor live music is required to utilize Jenkinson’s audio equipment and they are not allowed to have drums. Ron Gasiorowski and Frank Storino reviewed the site plan documenting the Palm trees, Tiki umbrella’s, rope fence and beach tables. Frank Storino stated that the evening parties average about 70 to 80 people.

Roger McLaughlin, attorney for the opposition. Questioned Frank Storino about their web-site.

Exhibits entered
O-14 – Print out from website – banquet facilities availability
O-15 – Print out from website – describes various restaurants and activities

Frank Storino stated that the garage doors will be moved to south/west side of building. Steve Ardito inquired about the safety of the decking if it floods? Frank Storino stated the decking is not anchored but through the years it has not been a problem. There is nothing to anchor them to and it would create a permanent situation. Applicant has concluded his case.

Roger McLaughlin waives cross examination.

RM – Roger McLaughlin
JM – John Maczuga

Councils have discussed John Maczuga’ s continued participation with the case since T & M is now the Borough Engineer and the parties has no problem with his continued affiliation with the application. John Maczuga, Professional Engineer is recalled to testify by Roger McLaughlin. Roger McLaughlin questioned JM if the banquet facility will impact the parking. JM replies that is does impact the RC zone and alter the character of the area. The request for expansion of the use requires site plan approval.

Negative Criteria – JM believes there are two (2) uses to be granted. 1. First for the building east of the boardwalk and not meeting the conditions of the conditional use. The applicant needs to prove that allowing theses uses will not be a detriment to the surrounding neighborhood. The substance is that they do not meet the conditions of the conditional use. JM believes these issues should be weighed when considering this application.

Mike Palisi questioned that wouldn’t any event publicized; (example; half priced tickets) also create a parking problem. JM (No) those situations are considered under the ordinance. JM reviewed preexisting prior non-conformities.

Ron Gasiorowski (RG) cross examined John Maczuga.

RG inquired if JM found the new building in the rendering to be aesthetically pleasing? JM (yes) RG inquired how much time JM had spent in the building looking for previous permits for beach decking? JM said he had just questioned the Zoning Officer and Construction Officer. RG inquired if that was the whole investigation? JM (yes)

Audience Questions/Comments

Maria Palmieri – 241 Boardwalk – husband built home in the 90’s; it was quiet and it was a nice family business that closed at 6pm. Now it is drunks and bad language. It is a lot of mess; they have to hire a lot of cops. I pay $14,000 in taxes. My son can’t find a parking space; we work very hard to have this property, it isn’t fair.


Motion by Mr. Reynolds, second by Mr. Palisi to carry application #2008-20


In favor: Spader, Kelly, Palisi, Struncius, Reynolds, Ardito and Madden
Opposed: None


Application carried without notice to May 20, 2010


Meeting adjourned at 10:48

Attest: Karen L. Mills, Clerk of the Board


Published June21, 2010 | Board of Adjustment Minutes | 1046


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