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December 2, 2015

Minutes

The December 2, 2015 regular meeting of the Point Pleasant Beach Planning Board opened at 7:00 pm. The Clerk read the notice of compliance with the "Open Public Meetings Act. Present were Board members Mr. Dooley, Mr. Ritchings, Mr. Winter, vice chair Paesano, Chairman Highton, Councilman Migut and Mr. Cavagnaro
Absent: Mr. Gagnon and Ms. Devon
Also present: Karen Mills, Dennis Galvin and Ray Savacool

Motion by Councilman Migut, second by Mr. Winter to memorialize the minutes of November 4, 2015

In favor – Dooley, Ritchings, Winter, Paesano, Migut and Cavagnaro

Opposed: None


Motion by Mr. Winter, second by Councilman Migut to memorialize Resolution #2015-392 – Adopting Reexamination Report and Amendments

In favor – Dooley, Winter, Paesano, Highton, Migut, Ritchings and Cavagnaro
Opposed: None

Motion by Mr. Winter, second by Mr., Paesano to memorialize the action and vote approving Resolution #2015- 384 of Eugene Papandrea Trust of Rae Papandrea – 516 Bay with conditions

In favor – Dooley, Ritchings, Winter, Migut, Cavagnaro and Paesano
Opposed - None

Motion by Mr. Winter, second by Councilman Migut to approve the 2016 meeting dates

In favor – Dooley, Winter, Paesano, Highton, Migut, Ritchings and Cavagnaro
Opposed: None

Application #2015- 387 – Heather Kinney/Beach House Furnishings – 403 – 405 Route 35 – Block 178.02; Lot 14 – Applicant is requesting site plan waivers (setbacks/parking), change of use and minor site plan approval for retail business.

Councilman Migut stepped down from the following application

Ray Bogan, applicant’s attorney stated that the applicant is seeking approval for a second-floor addition on the existing building, to be used for office space and additional storage of merchandise.

Heather Kinney, applicant, sworn, stated that the building is currently used as a store known as “Beach House Furnishings”. The applicant’s business has expanded to include internet-based sales; therefore additional space for inventory storage is necessary. There will be no significant increase in the number of delivery vehicles to the property as a result of increased internet sales. An elevator to the interior of the building will be installed to transport goods between floors. The proposed elevator will not expand the actual footprint of the building. The existing structure currently has two different exterior finishes, cedar and brick. The applicant intends to re-finish the exterior of the building vinyl siding to create a more uniform and aesthetically pleasing appearance. The current hours of operation are 10a.m to 5p.m.; there is a shared parking agreement between the applicant’s business and the neighboring business, The Ark.

Alice Kupper, P.E., sworn, stated that the footprint and the impervious coverage will not be changed as a result of this addition to the building. The proposed second-floor addition will not be used to expand the current retail space. It will be used only as a storage and office space. No customers will be permitted access to the proposed area. Signs will be put up informing customers of restricted access. The proposed addition would not block the air or light space of the surrounding buildings.

Audience questions/comments

Richard Dibiando, 1616 East Street, expressed his support of the applicant’s proposal.



Conditions

1. There shall be no retail sales on the second floor.

2. The building is to be renovated as described to the board, which shall include the use of cedar shake impression shingles.

3. The applicant represented that the proposed improvements will be less than 50% of the value of the existing building. In the event the cost is greater than 50% the Board expects compliance with FEMA regulations.

Deliberations

Paesano – thinks it is a good application and a cosmetic improvement and will be in favor.

Chairman Highton – Fantastic improvement and will be in favor

Motion by Mr. Winter, second by vice-chair Paesano to approve application #2015- 387 – Heather Kinney/Beach House Furnishings – 403 – 405 Route 35 – Block 178.02; Lot 14 with conditions

In favor – Dooley, Winter, Paesano, Ritchings, Cavagnaro and Highton

Opposed: None

Application approved with conditions



Application #2015- 386 – Diane/Jerry Potuto – 103 Philadelphia Avenue – Block 30; Lot 1 – Applicant is seeking to sub-divide a residential lot. Proposed minor subdivision would replace existing duplex with two single family homes on two single lots.

Councilman Migut has returned to the dais



Michael Schaller, attorney for applicant stated that the applicant is seeking approval to subdivide the existing irregularly-shaped lot into two (2) lots. The applicant is also seeking to replace the existing two-family structure on the current lot, so that two (2) single-family structures can be built.

Diane Potuto, applicant, sworn, stated that the property has been in the family for the past 40 years.
The property was originally used as a boarding house. In 1980, in exchange for giving up its boarding house license, the structure was converted into a two-family home.
The applicant does not intend to construct either of the two (2) single family homes.

Louis Zuegner, P.E., sworn, stated that the current lot has a total area of 9,945 sq. feet. The property is located in the AE-9 flood zone. The proposed subdivision would bring the property into greater conformity with the ordinance.

Audience questions/comments
Jamie Paradise, 119 Randolph Avenue, expressed his belief that the presented possible plans would be a great improvement to the area.

Jerry Potuto – applicant, sworn, stated that everyone is too concerned with the color of the home. It could be beautiful.

The Board was not comfortable with granting variances for homes that the applicant was not building. After much discussion the applicant decided not to go forward with the request for the variances for the two proposed footprints and just request the sub-division.




Conditions

1. In exchange for this approval, the applicant agreed to abandon the existing two- family uses on the property.

2. The curbing is to be upgraded.

3. The applicant agrees to comply with the Board Engineer’s review letter.


Deliberations

Winter – much more comfortable granting the sub-division and letting whoever buys the lots come in for the variances. He wants to see what is being built.

Paesano – Also has no problem with just the sub-division.

Dooley – has no problem with the sub-division

Chairman Highton - Firmly believes this should be a minor sub-division and let the buyers submit for variance approval.

Motion by vice-chair Paesano, second by Mr. Dooley to approve application #2015- 386 – Diane/Jerry Potuto – 103 Philadelphia Avenue – Block 30; Lot 1 with revisions

In favor - Dooley, Winter, Paesano, Ritchings, Cavagnaro and Highton

Opposed: None

Application approved with conditions and revisions


Application #2015-389 – Kali-O’s Juice Box LLC/Kerry O’Neill – 625 – 635 Arnold Avenue – Block 93; Lot 2 – Applicant is seeking Site Plan approval for change of use.

Kimberley Bennett, applicant’s attorney, stated that the applicant is seeking a change of use approval from a retail use to a restaurant use. The applicant intends to put a juice bar establishment into the proposed location.
Exhibit A-3 – Photo packet entered

Kerry O’Neill, applicant, sworn, stated that she and her sister have been in operation since 2013. They sell smoothies, acai bowls, juices and various healthy snacks and has two (2) other locations, one in Ortley Beach, NJ and the other in Lavallette, NJ. Their business will serve shoppers in the area, high school students and workers from nearby retail establishments. Most of the customers would primarily come to this business by foot or bicycle.

The proposed hours of operation would be 9am-5pm, possibly later based on Borough activities. They would also be closed during the off-season months of January, February and March. Parking for patrons is available on the street, as well as in the municipal parking lot located at the rear of the building. There are trash bins to the rear of the building. The applicant also intends to compost most of their fresh produce scraps for local farms in the area. Composted items will be held for approximately 1-2 days to be picked up by local farms. If compost is not picked up in that time period, they will be thrown into the trash. The applicant anticipates that they would need 1-2 employees and 1 manager on staff, based on need. Customers would have access through both the storefront on Arnold Avenue, and in the back from the municipal parking lot. There is a separate door into the kitchen for deliveries. No outdoor operation or seating is proposed; no exterior improvements or alterations are being proposed.


No audience questions/comments

Conditions

1. The applicant is to comply with the board engineer’s letter.

2. The business’ sign is to conform to all Borough ordinances.

Deliberations
Dooley – Thinks it sounds great

Paesano – Thinks it is a great application and will be an asset to the downtown

Motion by Mr. Ritchings, second by Councilman Migut to approve application #2015-389 of Kali-O’s Juice Box LLC/Kerry O’Neill – 625 – 635 Arnold Avenue – Block 93; Lot 2 with conditions

In favor - Dooley, Winter, Paesano, Ritchings, Cavagnaro and Highton

Opposed: None

Application approved with conditions

Application #2015-390 - Salsa, Salsa, LLC/Efrain Jacobo. – 1901 Ocean Avenue -
Block 3; Lot 1/9 - Applicant is requesting site plan waivers, change of use and minor site plan approval for retail business.

Michael Schaller, attorney for applicant, stated that the applicant intends to establish a Mexican Restaurant at the proposed location. The location was previously used as office space for another food establishment.

Efrain Jacobo Sanchez, applicant, sworn, stated that he has owned and operated for the past 4 years the La Michoacana Corner Grocery store, located at 503 Richmond Avenue. His proposed restaurant will be a take-out establishment, with seating also available also for eat-in. The proposed hours of operation would be Monday to Sunday from 11a.m. to 11p.m.; approximately three (3) employees would be needed: two (2) for the kitchen and one (1) to manage the front/counter area of the restaurant. His employees are expected to live locally, and would primarily walk or ride bikes to the location, eliminating the need for employee parking. There would be no outside storage of goods. All products and ingredients would be delivered to the applicant’s business on Richmond Avenue, and the applicant and/or employees’ would deliver the necessary items to the restaurant. The applicant is not seeking to include outdoor seating as part of his proposal. This business will use the existing dumpster for this site.

Joseph Milellai, property owner/applicant, sworn, stated that the property is approximately a 10,000 sq. foot shopping center. There are several business currently located on the property such as, Marlin’s Bar & Restaurant, a hair salon and 7-Eleven. The proposed restaurant has previously been used as a bakery, an ice cream shop, a grille and other food-type establishments. There is an on-site parking lot available for customers, as well as street parking available on Maryland Avenue. An additional lot on Delaware Avenue is available for employee parking. Collections for the on-site trash and recycle bins occur 2 times a week during the winter months and increase to 3-4 times a week during the summer months.

Gregory Cox, P.A, applicants architect, stated that the area of the restaurant is approximately 27’ X 27’. The restaurant contains a small handicap accessible bathroom and a utility room. The applicant intends to install a small and efficient utility kitchen. The proposed seating area for customers will include 32 seats. The applicant will adhere to all the health, safety and fire codes as required.

Audience questions/comments

Eric Smith, 106 Delaware Avenue, expressed concerns regarding the applicant’s use of grease traps. He was assured that the applicant intends to follow all the required health, safety and fire codes for this use. He was also informed that no outside grease bins would be used.

Gary Hodgetts, 310 Maryland Avenue, inquired as to the type of food establishment that the applicant intended to serve. He was informed that the applicant intends to serve authentic Mexican food using 100% authentic Mexican ingredients.

Thomas Burckhartt, 310 Maryland Avenue, expressed concerns about parking, especially during the busier summer months when the lot maybe used by beach visitors. He was informed that the property has adequate parking for the businesses that currently occupy the shopping center, as well as the appropriate signage is in place informing patrons that parking is for customers only.

Deliberations

Paesano – inquired if the parking lot was in good enough shape to restripe (Yes) Does not increase the parking (previous restaurant in this location) I think it is a good application – in favor

Highton – Mechanism in place (police/health department) for the neighbors to utilize if there is a problem. Nothing that would be exasperated by this application and believe that it is a good use for this location.

Dooley – sympathetic with the neighbors as well; you can go to council to address your concerns.

Winter – Always about parking – always a problem even though they say “no problem”. Agree that you can go to town council – this gentlemen’s business is not giving you the problem.




Conditions


1. The stripping in the parking lot is to be repainted.

2. Any signage advertising this business must comply with the Borough Ordinance.

3. The applicant is to comply with the Board Engineer’s letters.



Motion by Councilman Migut, second by Mr. Cavagnaro to approve application #2015-390 of Salsa, Salsa, LLC/Efrain Jacobo. – 1901 Ocean Avenue - Block 3; Lot 1/9 with conditions

In favor - Dooley, Winter, Paesano, Ritchings, Cavagnaro and Highton

Opposed: None

Application approved with conditions



Meeting adjourned at 9:40pm

Next meeting is January 6, 2016

Attest – Karen L. Mills, LUA
Clerk/Secretary of the Board


Published January13, 2016 | Planning Board Minutes | 2244


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