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May 2, 2013


The May 2, 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: Loder, Wolfersberger, Spader, Reilly, Struncius, Kelly, Reynolds, Ardito, Renner and Davis
Absent: Shamy
Memorialization of minutes – April 4, 2013 – Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the April 4, 2013 minutes
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Ardito and Loder
Opposed: None

Memorialization of Resolutions
#2013-06 – LaMannasquan - 709 Arnold Avenue – Motion by Mr. Reynolds, second by Mr. Reilly to memorialize the approval of Application #2013-06 of LaMannasquan with conditions.
In favor: Reynolds, Ardito, Reilly, Renner and Struncius
Opposed: None
#2013-16 – Victor Fortkiewicz – 4 Delaware Avenue – Motion by Mr. Reilly, second by Mr. Ardito to memorialize the approval of application #2013-16 of Victor Fortkiewicz with conditions
In favor: Spader, Kelly, Reilly, Reynolds, Ardito, Renner and Struncius
Opposed: None
#2013-23 - Kim Surowicz Denial – 146 Ocean Avenue – Motion by Mr. Reynolds, second by Mr. Reilly to memorialize the denial of application #2013-23 of Kim Surowicz.
In favor: Spader, Kelly, Reilly, Reynolds and Struncius
Opposed: None

Letter from Pardes – Re : Surowicz
Motion by Mr. Reynolds to not reopen the Surowicz application, second by Mr. Reilly
In favor: Spader, Kelly, Reilly, Reynolds and Struncius
Opposed: None

Application #2013-18 – Jenkinson’s Pavilion - 55 Broadway - Block 164; Lot 15 – Applicant wishes to construct a second story addition to the existing building to create four (4) residential Apartments.
Based on the application the applicant is seeking the following variances: a use variance to allow four (4) residential apartments on a newly constructed second story, whereas only one (1) residential apartment is permitted on the second floor of a commercial building; front yard setback of 0.2 feet, whereas 25 feet is required; impervious coverage of 70.2%, whereas 70% is the maximum permitted; side yard setback for the accessory building of 4.2 feet, whereas 25 feet is the minimum permitted; rear yard setback for the accessory building of 7.6 feet, whereas 25 feet is the minimum permitted; accessory building height of 30.1 feet, whereas 16 feet is the maximum permitted.
John J. Jackson, Esquire, applicant’s attorney stated that the building was previously owned and operated by Point Pleasant Iron Works. The building is now owned by Anthony, Frank and Mary Storino and is used as storage for the applicant, Jenkinson’s Pavilion, Inc. The Master Plan encourages mixed use development for this area and the intended pattern of development is appropriate and the MC Zone prohibits single family homes, but does permit a single living unit on the second floor of a commercial building. The applicant proposes to add a second story residential use to the existing structure which will include four apartment units. The proposal supports the uses in the MC Zone by providing housing for individuals who work within the Zone. This type of housing supports the MC Zone work force. The applicant proposes to add street trees and landscaping along the front of the property. The additional landscape enhances the look of the property and the area. The parking area has been reconfigured to allow for eight (8) parking spaces and the impervious coverage will be reduced because the applicant will be using gravel and permeable paving in the parking lot area.
Verity Frizzell, AIA, the applicant’s architect, stated that there are two (2) one-story structures on the property. The applicant proposes adding one story to the existing building for the creation of four (4) apartment units. The existing first level will continue to be used for storage for the applicant. The tenants will not have any access to this storage area. The building is in a flood zone. The equipment for the elevator for the apartment units will be located above the base flood elevation as required by law. The building will have an asphalt shingle roof, hardy plank siding, and the entrance will have a curved awning. There will be one (1) one-bedroom unit 699 square feet in size and three (3) two-bedroom units 882 square feet, 744 square feet, and 892 square feet in size. The habitable living space will consist of 3,217 square feet. The garbage can storage area will be on the side of the building and will be picked up by a private hauler and the applicant will install a commercial grade sprinkler system which will make the building safer. The entrance for the apartments will be located on Channel Drive and the siding on the first and second floor will be the same and will match.
Jeffrey J. Carr, P.E./P.P., the applicant’s Professional Engineer and Planner, stated that this parcel of land is rectangular in shape and the main entrance to the residence is at the rear. The parking lot has a striped area which leads to the entry door. There will be three (3) parking spaces on each side which will be 9 feet wide by 20 feet deep in size and will have concrete wheel stops. There will be an additional two (2) parking spaces at the end of the driveway aisle.
The driveway aisle is 25 feet wide and will provide adequate space for cars to back out and exit out the driveway in a forward manner. This will be a safer means of egress. The applicant will provide landscaping along the westerly side of the parking area and will install board-on-board fence to provide an added buffer. The applicant will add landscaping at the driveway entrance to enhance the streetscape along Channel Drive. The applicant will plant grass and street trees in the easement between the property line and the sidewalk area. The applicant will obtain permission from the County. The street trees will be 3 inches in caliper and will be selected by the Shade Tree Commission. The applicant will also add landscape beds and shrubs behind the sidewalk area which will provide curb appeal on Broadway. The impervious coverage area was decreased. The area to the east of the building will be made from porous bituminous paving material and a portion of the parking area will be gravel. These materials are more water permeable and will reduce the amount of storm water runoff. The parking area will have lighting two (2) ten-foot pole lights in the parking area. The light fixtures will be shielded and will be down lighting. The applicant will install a trash receptacle area in the alley way between Lot 19 and the existing building. The area will have a pad for the trash and recycle cans, will have a fenced enclosure.
John Armata, Jr., of Howell, New Jersey, asked if the street trees will cause interference with the sight triangle. He was informed that they would not cause any problem. He also asked how wide the driveway will be. He was informed it will be a 25 foot wide driveway. He asked if the roof leaders would be directed into a drywell. He was informed that the permeable pavement works similar to a large dry well. There will be a stone bed underneath the paving area and it will be like having a giant re-charge infiltration basin in place.
Frank Storino, applicant stated that the property is used to store ATV’s, lifeguard stands, beach umbrellas, etc. during the off season. The building with the tall garage doors on the left stores the tractor, beach cleaner, and snow removal equipment. The parking lot entrance will be off of Channel Drive and will be kept private for the tenants so they do not have to pull through the commercial area to get to their apartment. The unit will be leased on a yearly basis. The applicant does not intend to rent the units for student housing or summer rentals. The Board relied on this statement in its decision not to require additional outdoor space or recreational amenities. The existing building is entirely made from concrete masonry. The building had no damage from Hurricane Sandy. The applicant will add wood siding on the façade which he feels will make the building look aesthetically pleasing. The applicant will add a bicycle rack on the side of the building. The applicant will provide a storage area for the tenants on the first level. The back half of the lower level floor of the residential building will be used by the applicant for storage of Christmas and Halloween decorations, stuffed animals and prizes for the Boardwalk. The front half of the building is used by the owner for personal storage of classic cars, jet skis and other collectible items. That area is alarmed.
Applicant’s Professional Planner, Ms. Cafone, P.P., stated that the MC Zone does permit one apartment above a commercial property; however, the applicant is proposing four (4) apartment units which will require a use variance. The Master Plan encourages mixed use development in this Zone and the location of this site is within walking distance to the beach and restaurant areas. The witness opined that having tenants in this building will be a benefit to the community by bringing vibrancy to the area. The renovated building will improve curb appeal. Requiring one-year leases will discourage transient tenants; therefore there will be no detriment to the public good. Since the location of the apartment is approximately one block from the beach, the applicant did not find it necessary to provide any on-site recreation area for the tenants. The height of the building is less than 35 feet.
The Board was concerned that the applicant was not intending to provide any on-site recreation area for the tenants. The applicant explained that the target market for these units will be geared toward individuals who work within the MC Zone. The Board found that these units provide worker housing and adds to the Borough’s efficient use of space. The Board determined that the improvements to the property will be aesthetically pleasing and will be a benefit to the area and will create nice curb appeal. The Board determined that the reduction of impervious coverage by utilizing pervious materials will reduce storm water runoff which will benefit the surrounding property owners. The Board found that the commercial aspect of the Zone will not be affected negatively by having apartments over the commercial building. The Board determined that the Master Plan encourages mixed use in this Zone and believes this proposal is a good start toward that end. The Board was pleased that the applicant is planting more street trees on Broadway. The Board found this area of the Borough to be stale and welcomes these proposed improvements and that the building can sustain four (4) apartment units and does not feel that from a density point of view, the applicant is creating over use of the property. There are no substantial negative impacts arising from this proposal and will not impinge on the light, air, or privacy of the surrounding property owners. The benefits of this proposal outweigh its detriments.


1. A revised façade drawing is to be submitted to the Board at the time of memorialization for their approval.
2. The building is to be constructed as approved by the Board at the time of the hearing.
3. The tenant parking lot is to be paved with permeable paving as shown to the Board at the time of the hearing.
4. The applicant is to install a commercial sprinkler system.
5. The building is to be flood resistant.

6. The landscaping is to be planted as shown to the Board at the time of the earing.
7. The applicant is to obtain the County’s permission to install the proposed landscape and street trees, which are located within the right-of-way; and for any awnings or architectural treatments that encroach into the right-of-way.
8. The street trees are to be a minimum of 2 and ½ inches in caliper at the time of planting and the species shall be selected by the Shade Tree Commission.
9. The lighting plan is to be submitted to the Board’s Engineer for his review and approval prior to the Memorialization of the Resolution showing down lighting.
10. The applicant explained that the rentals were to be year-to-year leases and agreed to record a Deed Restriction limiting the rentals in the building to year-to-year leases. The Deed Restriction is to be submitted to the Board’s Attorney for his review and approval prior to recording the Deed; and the Deed is to be recorded prior to the issuance of the building permit.
11. The plan is to be revised to show a bicycle rack and additional storage within the first floor for the tenants in accordance with Section 19-11.3g.

12. Other than automobiles and other motorized vehicles, there are to be no hazardous or waste materials in the first floor garage of the mixed use building.
13. The plan is to be revised to show the location of the garbage and recycling storage areas on the property.
14. The plan is to show board-on-board fencing.
15. The impervious coverage is not to exceed 72%, if the applicant utilizes additional pervious pavement, it is to be treated as being 50% impervious for the purpose of calculating impervious coverage.

Loder – Questioned height of other buildings in area. Is fine with application
Wolfersberger - Agreeing with everything; an awful lot of adjustments made. Anything would be an improvement, would still like to see some recreational space. Will now be people there in the off season. One person on the board who is getting tired of applications with no consideration of green space.
Spader – Been a resident a long time; believe that the current use is not going to be retail or restaurant. Very efficient use of the space; recreational space would be nice and a genuine effort to improve the aesthetics. Will be in favor
Mr. Reilly - I do not have a serious problem with this, I would like to see a little bit of recreational space; even an indoor ping pong table would be fine. That is my one criticism; I think this is such an improvement. Believes the mixed use is a good idea; does not believe it will be detrimental to the marine commercial zone. All in all will be in favor of this.
Kelly – Liked Mr. Storino’s comments about fixing up this area. Hopefully Channel Drive gets the message. For years have felt the Channel Drive people should develop the area. This is a step in the right direction. Not as concerned about recreational space and the changes are going to be a real asset to the area.
Reynolds – Agrees with a lot of what has been says. Recreational space is not such an issue for him; fits in the area and hopes that it anchors and starts a change reaction to improvements. In favor
Ardito – Not as concerned with the recreational space; Mr. Wolfersberger opened his eyes to the fact that someone might not be able to walk to the amenities in the area so maybe the applicant could put a bench in so someone can sit outside and get some sun and feet better but will not belabor or push that. The buildings are just an off white group of buildings and what is represented is night and day. They have curb appeal; aesthetically it will be a positive. Reducing impervious and reducing runoff is a positive. Does not believe the commercial aspect will be affected by the apartments. Probably voting in favor.
Renner – Presentation by professionals was excellent. Applicant and professionals have been very favorable to the Board’s suggestions. Very happy with 5 new trees on Broadway. Overall believes this will be a positive to the area. Definitely in favor
Davis – Echo’s Mr. Wolfersberger‘s concerns; a bench would be nice. Thanked the applicant and professional for their articulation of the positive criteria.
Chairman Struncius - This is a place where an apartment is permitted above the commercial use. I think this building can sustain multiple units because of its footprint; feels from a density point of view we are not creating an overuse. Does not believe that they need a full blown recreational space; believes the benefits and positive criteria so much outweigh the negative and the detriment. The aesthetic value of what this brings; have watched the area change over the years and the staleness is improving with these types of changes. In favor
Revised site plan and front view of building will be submitted for the engineers review prior to Memorialization.
Motion by Mr. Reilly, second by Mr. Spader to approve application #2013-18 Of Jenkinson’s (55 Broadway) with conditions
In favor - Wolfersberger, Spader, Reilly, Kelly, Reynolds, Ardito and Struncius
Opposed: None

Application approved with conditions
Attest: Karen L. Mills, Clerk of the Board
Meeting adjourned at 10:10pm

Published June27, 2013 | Board of Adjustment Minutes | 1632

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