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February 27, 2013

Minutes

The February 27, 2013 Regular 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. Wolfersberger, Mr. Spader, Mr. Kelly, Chairman Struncius. Mr. Reynolds and Mr. Ardito
Alternates: Mr. Loder and Mr. Davis
Absent: Mr. Reilly, Mr. Renner and Mr. Shamy

Motion by Mr. Reynolds, second by Mr. Ardito to approve the minutes of February 7, 2013
In favor: Wolfersberger, Spader, Kelly, Struncius, Reynolds, Ardito and Davis.
Opposed: None

Application #2013-07 – Frank Chiaia d/b/a The White Sands Hotel & Spa – 1100 – 1108 Ocean Avenue - Block 29.01; Lot 1 – Applicant wishes to install a LED sign to existing free-standing sign. Applicant is also requesting to raise all existing decks on east side, reconstruct the existing restaurant and create two rental rooms on second floor of Building #500. Also is proposed is the mandated handicap access to the existing in-ground pool and kiddy area on existing deck.
Robert Shea Attorney for applicant for White Sands Hotel and Spa stated that the hotel sustained substantial damage during the hurricane and they are looking to reconstruct parts of the building and are looking to add LED signage to existing sign.
Massimo Yezzi, Jr., licensed architect, stated that during the storm the 500 Ocean Avenue building was completely demolished during the storm, they are rebuilding it in the original foot print. Massimo Yezzi went over upgrades (ADA compliancy; lift elevator) along with decking. Applicant is requesting to change a four bedroom suite to two two (2) bedroom units. Total square footage of suite will remain the same; no height variances being requested. Exhibit A-3 Exterior elevations back of Exhibit A-3 schematic of second floor plan Exhibit A-4 – architectural site plan; rear schematic of first floor Exhibit A-5 Exterior elevations of 300 building Exhibit A-6 signage in front of 400 building. Planning to replace existing sign (top will remain the same; they are requesting to replace the bottom portion with a LED sign for general information (meal specials, spa information, etc.). The sign will be controlled by computer access. The light on the sign can be adjusted according to time of day. The sign will not flash or change rapidly. They reviewed the Board engineer’s review letter. Structure and square footage of sign is not changing; the sign will be back lit and illuminated. Mr. Wolfersberger inquired how often the sign will change. Robert Shea replied probably the message will change three or four times a day. Chairman Struncius said that they need some controls on how often the message changes. Mr. Davis inquired if outsides parties would be able to utilize the signage? (No) Massimo Yezzi stated that the existing sign is out dated and the new sign will also be able to assist in emergency situations. There will not be messages such as time and temperature; the messages will advertise services at the Spa and Restaurant and to announce special occasions such as birthdays, weddings and anniversaries.
Ray Savacool stated that the White Sands runs a nice establishment except to where the garbage is concerned; the owner also agrees that a solution is needed for the garbage dumpster location. Chairman Struncius inquired if the Board was OK with the Board Engineer and applicant working out a solution for the location of the dumpsters. Mr. Spader stated that he wanted to hear the discussion because it has been an ongoing problem. Mr. Wolfersberger believes that dumpster location is more valuable than two (2) parking spots. Mr. Loder replied that the dumpsters also cannot be too close to the rooms. Frank Chiaia, applicant, sworn, stated that this has also been a sore spot for him. He had tried to enclose the dumpsters, but due to the fact they are on a county road they were denied permission due to the site triangle. Ray Savacool agreed that the current location would affect the site triangle if they installed a fence. Frank Chiaia walked the property today and located a spot that he feels would satisfy all involved. Chairman Struncius said that The Board Engineer will further review and make his recommendations. Fran Chiaia said time is crucial to save the 2013 summer season.
Steve Ardito inquired what color the light on the sign will be. Frank Chiaia stated that they have not decided on color as of yet. Mr. Reynolds is fine with the Engineer working out the details of the garbage location with the applicant.
Audience questions
John O’Grady - sworn, questioned how often the message on the sign would change. Robert Shea replied that they would leave that up to the Board. He also inquired which was the 500 building (the ocean side).

Paul Krokovic - 107 Philadelphia Avenue, sworn. Questioned where exactly the dumpster was moving too and inquired the conditions placed on the signs.
Benjamin Barr - sworn, sign expert with Watchfire by time-o-matic, a manufacturer of LED signs stated that the signs requested are variable message centers. Messages can be as frequent or infrequent as requested. The applicant wanted a little more flexibility with the messages; unlike fluorescent lights these signs can be dimmed at the end of the day. The messages are changed by the applicant through a computer keyboard. Mr. Reynolds stated that it will be a one color sign (monochrome). Benjamin Barr also stated that the user cannot exceed manufacturer settings.

Audience questions
Diane Potuto - 103 Philadelphian Avenue inquired how long the sign will run (24 hours but dimmed at night after 11pm) Also inquired how easy it is to dim the sign (very easy). Has had problems with the lights before. Thanked the board for addressing the dumpsters.
Frank Chiaia – stated that he does not see the sign changing its message every hour. He stated that after 11pm that the sign would only change if the room availability changes.
Maddie O’Grady - Voiced her concerns as a resident of 65 years. Believes the light might shine in her window at night; believes that signs like this belong on the boardwalk. She believes it is getting too commercial. Her view is a building with a big air conditioner.
Paul Krokovic – Asked to also have the dumpster on the west side addressed. After conversation he realized it is the grease trap. Frank Chiai agreed to have the grease trap moved to the east side enclosure.
Deliberations
Loder – Believes light will have a deminimus affect on the neighborhood. In favor
Wolfersberger – Sign will be one color; concerned with five minute change. Needs to be convinced that every five minutes is reasonable amount of time for message change. .
Spader – Agrees with Mr. Wolfersberger; not what he heard originally, thought it would be five changes per day. Ordinance in town that says that this is not acceptable; new software and restrictions might make it more acceptable. Can’t imagine what information is needed every five minutes. As far as the building is concerned does not see a problem because it is in the same footprint. The applicant runs a nice operation; would like to see approval based on garbage issue being resolved.
Kelly – If we hadn’t had Sandy I believe the operation would be running the same. There are a million disadvantages with the sign that is present. Believes the sign will not be changed every five minutes. Taken into consideration the damage that was done and believes the improvements will make a better building. In favor of application as it stands.
Reynolds – the building will maintain in the same footprint with modern safety conditions; 2013 LED’s are what everyone is doing now, it is more efficient. Five minutes is not unacceptable to me; you will not even notice it changing. Based on everything he has heard he believes it is a good application.
Ardito – Building 500 repairs are actually bringing the building into flood compliance, it is remaining in the same footprint and addressing the dumpster and alleviating the neighbor’s concerns is a good thing. We have conditions on the sign to make sure that it fits in with the character of the neighborhood. Benjamin Barr referring to “nits” and really not know what a nit is, but stating that it could be classy and knowing the operation and would expect none the less than a classy sign, so I would look favorably on this application.
Davis - Being last in line it is easy to echo what everyone else says. Being sensitive to the neighbors, being a resident that lives next to a bank sign; replacing a sign with a sign that will be less intrusive, I will be in favor. Bringing the buildings up to code will be a good thing.
Struncius – On the building side the improvements on a storm related incident, bringing the buildings to code is a good thing. Being the applicant has not been happy with the garbage speaks volumes, and improving that is a good thing. Mr. Ardito spoke for 3 minutes 43 seconds and it seemed like a long time; five minutes is a long time for a change. You will not even notice it unless you are sitting and staring at the sign. I can see a restriction limiting the messages.


Conditions

1. The LED sign may not be used for outside/third party advertisements.
2. The LED sign is to be monochromatic with no flashing, blinking, scrolling, or animations.
3. Between the hours of 6:00 a.m. and 11:30 p.m. messages displayed on the LED sign must remain unchanged for a period of at least 5 minutes with a maximum of 10 messages displayed throughout the cycle. Between the hours of 11:30 p.m. and 6:00 a.m. the message displayed on the LED sign must remain static and be displayed bellow the factory nit level at 500 nit’s.
4. The LED sign must be installed with the zoning friendly software.
5. No specific alcoholic drink and pricing specials may be advertised.
6. The Board retains jurisdiction to consider the nit level displayed on the LED sign for a period of one year from the issuance of the certificate of occupancy.
7. The LED sign is to be built as shown to the Board at the time of the hearing.
8. The LED portion of the sign is limited to the size of the previous message sign.
9. The applicant shall sign a Developer’s Agreement, which will allow for regular and emergent Police and community use, in a form acceptable to the Borough Attorney, which is to be recorded prior to the issuance of a building permit. The Developer’s Agreement must include a reference to the conditions of this Resolution.
10. Applicant shall submit a revised proposal for relocation of the dumpsters in accordance with the recommendation and approval of the Board Engineer. Loss of two parking spaces is permitted if necessary to accommodate the change.
11. The footprint of the building is to remain the same.
12. Nothing may be placed underneath the building other than the mechanical equipment used to operate the pool.

Motion by Mr. Reynolds, second by Mr. Wolfersberger to approve application #2013-07 of the White Sands Hotel and Spa with conditions
In favor: Wolfersberger, Spader, Kelly, Reynolds, Ardito, Loder and Struncius
Opposed: None

Application #2013-08 – Frank Chiaia d/b/a/. The White Sands Hotel and Spa – 1205 Ocean Avenue – Block 27; Lot 1 - Applicant wishes to eliminate second floor restaurant and replace with three rentable rooms. Applicant also wishes to erect a new electronic LED sign to existing sign frame.

Robert Shea, attorney for applicant. Massimo Yezzi, Jr., professional architect, credentials accepted, sworn stated that only internal changes are being made to this building. The existing restaurant is being converted to four (4) suites, 55 units on the entire site. Ray Savacool commented that the applicant lost four (4) units when they added the spa and now they are losing the restaurant and putting back four (4) units. This would lessen the traffic situation and alleviate the parking requirements; the restaurants neon signage lights will be removed. Robert Shea stated the signage issues are the same as the sign across the street. Massimo Yezzi described the type of sign (LED), and will be in the existing frame. The applicant will agree to the same restrictions as the previous sign application. Frank Chiaia, applicant, sworn stated the “Finestre” sign on the building will remain; that is the restaurant located on the first floor.
A-3 - Existing second floor conditions
A-4 - Shows proposed changes
Audience questions
Diane Potuto – Inquired if the sign will be the same size? Bob Shea replied that it is actually smaller than the one across the street. Diane Potuto has the same concerns of the brightness and showed where her bedrooms are located.
Mr. Reynolds inquired how difficult it would be to move the sign. Frank Chiaia replied that it would be a major expense. Mr. Spader commented that the Board has one year to see how the sign is operating and make changes if need be.
Benjamin Barr, sworn, stated that if the light becomes a problem it will be able to be dimmed so low that you cannot see it.
Audience Comments
Christina Ranuro – Stated that they are also residents in the town and care about the town and do not want to have anything that offends the neighbors.
Paul Krokovic – Philadelphia Venue – voiced his concerns on his view of the grease trap. Frank Chiaia agreed to move it to the east side of the street with the dumpsters.
Ray Savacool brought up the issue of consolidating lots 12 (twelve)and 1 ( one), the applicant agreed.
Deliberations
Loder – Believes the fact the applicant is removing the restaurant , moving the grease trap and with the conditions placed on the sign…is in favor of application
Wolfersberger – Sign does concern him, but believes the applicant is more than willing to work with the neighbor’s, In favor
Spader – Also agrees, being able to correct other lingering problems is good;
wishes the applicant the best.
Kelly – Also in favor of application
Reynolds – This is one of the town’s better business, changes inside the building are good. No problem whatsoever.
Ardito – Intensity of property is reduced and that is key. The right conditions are in place for the sign and should benefit the business.
Davis – Thinks the building improvements and the reduced intensity of the property is great and reminded the neighbors that the Board has reserved a year to review the lighting issue.
Struncius – All has been said about the application but the neighbor’s mentioned the laundry cart situation; does not know the answer but maybe the applicant could consider trying to alleviate that issue.

Conditions

1. The LED sign may not be used for outside/third party advertisements.

2. The LED sign is to be monochromatic with no flashing, blinking, scrolling, or animations.

3. Between the hours of 6:00 a.m. and 11:30 p.m. messages displayed on the LED sign must remain unchanged for a period of at least 5 minutes with a maximum of 10 messages displayed throughout the cycle. Between the hours of 11:30 p.m. and 6:00 a.m. the message displayed on the LED sign must remain static and be displayed bellow the factory nit level at 500 nit’s.

4. The LED sign must be installed with the zoning friendly software.

5. No specific alcoholic drink and pricing specials may be advertised.

6. The Board retains jurisdiction to consider the nit level displayed on the LED sign for a period of one year.

7. The LED sign is to be built as shown to the Board at the time of the hearing.

8. The LED portion of the sign is limited to the size of the previous message sign.

9. The applicant shall sign a Developer’s Agreement, which will allow for regular and emergent Police and community use, in a form acceptable to the Borough Attorney, which is to be recorded prior to the issuance of a building permit. The Developer’s Agreement must include a reference to the conditions of this Resolution.

10. The grease container shall be removed from the west side property and moved to the east side property in the same location as the dumpsters, which are to be moved in accordance with the Board Engineer’s recommendation and approval.

11. Applicant shall file a deed of consolidation for Lots 1 and 12.



Motion by Mr. Spader, second by Mr. Loder to approve application #2013-07 of the White Sands Hotel and Spa with conditions
In favor: Wolfersberger, Spader, Kelly, Reynolds, Ardito, Loder and Struncius
Opposed: None

Meeting adjourned 10:45
Attest: Karen L. Mills


Published April03, 2013 | Board of Adjustment Minutes | 1557


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