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May 7, 2014


The May 7, 2014 regular meeting of the Point Pleasant Beach Planning Board opened at 7:30 pm. The Clerk read the notice of compliance with the "Open Public Meetings Act. Present were Board members Mr. Gagnon, Mr. Ritchings, Mr. Winter, Chairman Migut, Mr. Highton, Ms. Devon, Mrs. Mutter and Councilman Cortes
Absent: Loder and Paesano
Also present: Karen Mills, Dennis Galvin and Patrick Jeffries
Memorialization of April 2, 2014 minutes – Motion by Ms. Mutter, second by Ms. Devon

In favor: Gagnon, Highton, Migut, Cortes, Mutter and Devon
Opposed: None

Motion by Mr. Highton, second by Mr. Ritchings to Memorialize Resolution #2014-367 of Peter Gudaitis d/b/a Steam and Anchor with conditions

In favor: Gagnon, Ritchings, Highton, Councilmen Cortes, Devon and Mutter
Opposed: None

Application #2014-373 – The Poached Pear (Ellanem Corporation) –Store #4 – 816 Arnold Avenue – Lot 5; Block 91.02 – Applicant is proposing to extend existing use (building 5) to adjacent building (4). Kitchen to remain in building 5.

Karen Dolan, attorney for applicant. A-3 – Site plan
Client is seeking to expand his use into adjacent space. Scott Giordano, applicant, sworn stated that he is one of the owners and the executive chef at the Poached Pear Restaurant. Previously the executive chef at Whispers in Spring Lake for 10 ˝ years. He currently resides in Brick with his wife and daughter. Seeking approval to expand restaurant into the adjoining space. The applicant stated that he wishes to utilize public trash removal. If at a later date he is prepared to utilize commercial hauling if warranted. Deliveries will be between 9am until 11am. Restaurant will only be open for dinner. Signage for the restaurant will comply with the town ordinance. Dining room was originally set for 65 people, now seating will be for 80 if granted approval. . Dennis Galvin questioned the maintenance of the dumpster area and the parking. The applicant stated that the dumpster area is in an enclosure and there is parking provided in the rear of the building. Scott Giordano stated that he will have approximately 7 employees.

No audience questions

Albert Varosi, Professional Engineer and Planner – Reviewed site plan and explained parking. There are 66 offsite parking spaces and 28 onsite parking spaces for a total of 94 parking spaces available to support the parking. The restaurant only serves dinner starting at 5pm. The other business is this location have varying hours of operation but are closed by 8pm which is the busiest time for the restaurant. Albert Varosi believes there to be adequate parking. Requesting a parking waiver for 9 by 18 foot parking spaces. There is adequate lighting for the lot.

No audience questions

Karen Dolan - Closing comments


Mr. Ritchings – Satisfied with the conditions in place

Mr. Winter – thinks it will be a great addition to the town.

Ms. Devon – Lovely addition to the town

Councilman Cortes – It used to be a restaurant it will remain a restaurant; believes the conditions are reasonable.

Chairman Migut – History of operating as a restaurant. It has been demonstrated that there is adequate parking. With the conditions in place will be in favor.

1. There is to be no outdoor seating without further action by the Board.

2. The parking lot is to be delineated and striped in consultation with the Board’s Engineer.

3. The applicant agreed to provide a private trash hauler, if in the Zoning Officer’s opinion the trash becomes overwhelming for municipal’s pick-up services.

Motion by Mr. Winter, second by Ms. Devon to approve application #2014-373 of the Poached Pear (Elllanem Corporation) with conditions

In favor - Gagnon, Winter, Ritchings, Highton, Cortes, Devon, Mutter and Chairman Migut
Opposed: None

Application #2014-374 – Steve Batistas d/b/a Dough with a hole – 400 Richmond Avenue – Lot 10; Block 94 – Applicant wishes to add 6 to 8 tables in the open area inside and one table outside as per plan submitted.

Ms. Devon has stepped down from the following application.

Daniel S. Popovitch, Esquire, applicant’s attorney stated that the applicant operates a bagel shop at this location which faces Route 35 South.

Steve Batitsas, applicant, sworn, stated that:

A. His building is adjacent to the Liquor Chain.

B. The lot is accessed off of McLean and Highway 35.

C. Nineteen (19) parking spaces exist on the west side of the building and no changes are proposed to the parking lot.

D. The business has been operating for four months and has had no parking problems.

E. The hours of operation are 6:00 a.m. until 4:00 p.m.

F. The applicant has a trash dumpster on the area adjacent on Kinmouth Lane which he keeps locked. He does not rely on municipal trash services. The trash is picked up once per week and will increase to twice per week during the summer months.

G. The applicant has amended the application to request that he be permitted to add one (1) outdoor picnic table located in the area alongside McLean Avenue between the building and the walkway.

H. The outdoor area will be cleaned up and the shrubs will be trimmed and maintained by the applicant.

I. There will be no outdoor waitress service.

J. The applicant will not be adding any lighting or heating to the outdoor area.

K. There will be three (3) employees.

L. The applicant proposes to add 8 tables inside, each seating 2 customers each for a total of 16 seats.

M. There will be no seating on the right hand side of the shop as there will be a coffee station located there.

N. This bagel shop is a self-service operation, so there will be no waitress service inside.

O. Bagels will be served in the morning and a full deli service will occur at lunchtime.

P. This business will not be open past 4:00 p.m. and will not provide dinner service.

Q. The applicant has Board of Health approval.

No audience questions/comments

Motion by Mr. Winter, second by Mr. Ritchings to approve application #2014-374 of Steve Batistas d/b/a Dough with a hole – 400 Richmond Avenue – Lot 10; Block 94 –with conditions

In favor: Gagnon, Winter, Highton, Cortes, Mutter and Chairman Migut
Opposed: None


1. The applicant is limited to one (1) picnic table outside this business.

Application #2014-368 – Cellco Partnership d/b/a Verizon Wireless – Jenkinson’s – 501 Boardwalk – Lot 4; Block 83.01 -Applicant proposes to install two equipment antennas on the existing arcade building rooftop.

Mr. Ritchings has stepped down from the following application

Michael R. Beck, Esquire, attorney for applicant stated that the applicant proposes to locate two (2) small cell antennas and two (2) equipment cabinets on the rooftop of property owned by Jenkinson’s South, Inc.

Peter J. Tardy, P.E., applicant’s professional Engineer, sworn, stated that:

a. The site for the proposed antennas and equipment cabinets require a variance because the cabinets will be located on the rooftop whereas the Ordinance requires the cabinets to be located on the ground.

b. This is considered a “small cell site”.

c. One of the antennas will be positioned on the northeast corner of the rooftop and the other antenna will be located at the southeast corner of the rooftop.

d. The antennas are approximately 24 inches in height and are 9 inches wide and will be situated approximately 1 foot above the existing parapet.

e. Associated with each of those antennas are equipment cabinets 24 inches wide, 24 inches deep, and 5 feet in height.

f. Towards the northern portion of the building, situated equal distance from the front and back, will be one cabinet approximately 15 feet from the northern edge and almost symmetrically on the southern side, the other cabinet will be placed 15 feet from the southern edge.

g. Each of these cabinets will require power and telephone service.

h. The cell site will be visited every 4 to 6 weeks for about 1 to 2 hours for maintenance.

i. The top of the cabinet will be approximately 36 feet above grade.

j. On the rooftop there is an existing 39 foot whip antenna as well as existing HVAC units.

k. There is no space on the exterior of the building on the ground floor where the cabinets can be placed as an alternate location.

l. The interior of this building is used as the Jenkinson’s Arcade.

m. Mr. Tardy provided a report to the Board dated April 23, 2014 that the rooftop is structurally sufficient to accommodate the proposed equipment.

Dominick Villecco, the applicant’s Radio Frequency Expert, stated the following;

A. A Normal cell tower site is called a macro site which covers a large cell service area and has full functionality.

B. A small cell site is a condensed package and requires lower power. It is meant to be located in high traffic venue areas to provide capacity relief for the macro site.

Mr. Villecco explained that the small cell site on the Boardwalk will enable the antennas to point up and down the Boardwalk and the beach to provide cell service in the high pedestrian traffic area; alleviating the burden on the macro cell site which provides cell service to the residents and areas 1 block off of the Boardwalk.

a. The small cell is a lower power system. The calculations based upon the maximum power capability at this site show 0.16% or 500 times below FCC standards.

b. The power level at the miniature golf course does increase because it is closer to the system, but only to 0.6% which is still 200 times below FCC standards.

c. By providing this service, it will enable 4G devises to function better which will be a benefit to individuals on the Boardwalk area and also alleviate the burden on cell service to the community in general.

d. The small cell site will not interfere with police radio frequency or cable companies frequencies.

David Karlebach, P.P., sworn testimony of the applicant’s Professional Planner, stated that the Ordinance requires that the equipment located on rooftops have to be placed at a minimum height of 48 feet. That is difficult to accomplish because the Zoning Ordinance only permits a maximum height in any district of 35 feet. There are several advantages to locating the equipment on the rooftop. There is a technical benefit as the equipment will be located closer to the antennas. If the cable length is increased it can cause bends which reduces cable performance.

1. The rooftop equipment will not interfere with pedestrian or vehicular traffic.

2. The installation is not visually obtrusive since there are no tall buildings in this area, no one will be looking down on the rooftop.

3. Visually, the equipment cabinets are similar in look as the HVAC equipment currently on the rooftop.

n. Locating the equipment on the rooftop secures the equipment from vandalism since it is not easily accessible to the public.

o. Locating the equipment on the rooftop will be safer with respect to flood waters.

p. The equipment will not generate any noise, odors, glare, dust or fumes.

q. The rooftop equipment will not interfere with light or air onto adjoining properties; and since it will not be at grade, there will be no loss of open space.

r. Each of the cabinets weighs 400 pounds and the roof is structurally sound and adequate to accommodate the added weight.

s. The cabinets are roughly the size of a small refrigerator, are made of steel casing with electronic components inside.

The Board determined that the additional cell service will be a benefit to those in the immediate vicinity of the Boardwalk and the beach area as well as a benefit to the rest of the community by freeing up band width. The Board has examined the photo simulations and concluded that the placement of the antennas and cabinet equipment on the roof will have virtually no visual impact.

The benefits of this proposal outweigh its detriments.

No audience questions/comments


Highton – the service benefit outweighs any visual impact.

Mutter – Think the presentation was very informative and the impact is minimal.

Devon - I believe it will have a minimal visual impact.

Chairman Migut – Outstanding presentation and it will be a great benefit to the community.

Motion by Ms. Mutter, second by Mr. Highton to approve Appli#2014-368 – Cellco Partnership d/b/a Verizon Wireless – Jenkinson’s – 501 Boardwalk – Lot 4; Block 83.01

In favor: Gagnon, Winter, Highton, Cortes, Devon, Mutter and Chairman Migut
Opposed: None

Meeting adjourned at 8:55pm

Attest: Karen L. Mills, Clerk of the Board

Published June11, 2014 | Planning Board Minutes | 1890

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