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January 7, 2016

Minutes

The January 7, 2015 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.
The Oath of office was given to Mr. Struncius, Mr. Spader, Mr. Dixon, Mr. DePolo and Mr. Schneider
Present were Board members: Mr. Spader, Mr. Kelly, Chairman Struncius, Mr. Reynolds, vice chair Reilly, Mr. Dixon, Mr. Schneider, Mr. Davis and Mr. DePolo
Absent – Renner
Also present, - Dennis Galvin, Ray Savacool and Karen Mills
Chairman Struncius thanked Mr. Loder for his time on the board and a job well done.

2016 Nominations and appointments
Motion by Mr. Reilly, second by Mr. Reynolds to nominate Mr. Struncius as Chairman
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed: None
Motion by Mr. Reynolds, second by Mr. Spader to nominate Mr. Reilly as vice Chairman
In favor - In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed: None
Motion by Mr. Reilly, second by Mr. Spader to nominate Mr. Reynolds as secretary
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed: None
Motion by vice chair Reilly to nominate Dennis Galvin of the Galvin Law Firm as Board attorney
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed: None
Motion by Mr. Kelly, second by Vice Chair Reilly to nominate Ray Savacool of T & M Associates as Board Engineer
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed: None
Motion by Mr. Spader, second by Mr. Reilly to nominate Karen L. Mills as Board Clerk
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed: None


Motion by vice chair Reilly, second by Mr. Reynolds to memorialize the minutes of October 15, 2015
In favor: Spader, Kelly, Reilly, Dixon and Struncius
Opposed: None
Motion by Mr. Spader, second by Mr. Reynolds to memorialize the minutes of November 5, 2015
In favor: Spader, Kelly, Reynolds, Reilly and Davis
Opposed; None
Motion by vice chair Reilly, second by Mr. Reynolds to memorialize the minutes of December 5, 2015
In favor: Spader, Kelly, Struncius, Reynolds, Reilly, Dixon and Davis
Opposed: None


Memorialize Resolutions –
Motion by Mr. Spader, second by vice chair Reilly to memorialize the action and vote approving application #2015-61 of Stephen and Agatha Ruddy – 306 Forman Avenue with conditions
In favor: Spader, Kelly, Reilly, Dixon and Struncius
Opposed: None

Application #2016-09 – Jenkinson’s South, Inc – Boardwalk – Block 83.01; Lot 4 - Applicant is requesting to install a “Drop and Twist” which requires an over the shoulder restraining device. Applicant is also requesting to install a new LED sign.

Application #2016-10 – Arnold Ave Associates – Boardwalk – Block 210-01; Lot 2 – Applicant is looking to remove batting cages and replace with rope course. Batting cages are to be relocated to where the roof top golf is.

John Jackson attorney for applicants. The two above applications will be heard simultaneously. The proofs will be given on each attraction. There is also a LED sign and a back lit sign. John Jackson described the rope course and explained the need for having new attractions at the board walk. The batting cages will now be moved to the roof where the miniature golf course is located over the arcade. The focus of the application is the ropes course.
Jeffrey J. Carr, Principal with the Firm Linstrom, Diessner and Carr, Professional engineers, sworn, credentials accepted. Reviewed the Board engineer’s letter. The LED sign (5 ft. by 12 ft.)Located in the Jenkinson’s arcade parking lot will be remotely controlled. Anthony Storino, applicant, sworn, stated that the w sign will fit between the existing sign poles. Exhibit - A-3- photo of sign. The Jenkinson’s sign will remain. Vice chair Reilly clarified that the height will be the same at the bottom so that you will still be able to see under it for safety. (Yes)The sign is not to come lower than 9 feet. Dennis Galvin stated that we will apply the developer’s agreement from the previous sign. John Jackson stated that the sign will not flash or be animated; it will have a 10 second delay. Ray Savacool commented that it should have the auto dim.

Mr. Reynolds questioned the height of the batting cage (54 feet) the new drop and twist ride height is 60.5 feet. Jeffrey Carr stated that the poles for the netting will be 12 feet higher than the building. Mr. Davis questioned the lighting for the batting cages. Jeffrey Carr stated that they will use the existing lighting. Ray Savacool interjecting that that cannot be possible; you will need more lighting to see a pitch. They will be batting west to east.

Anthony Storino stated that the new drop and twist is replacing a similar ride except it twist on the way down. The existing ride is 28 feet high, the new one is 60.5 feet in height. The ride will have over the shoulder safety harnesses. Exhibit A-4 –photo in question side of building Exhibit A-5 (E-mail) Photo that will be e-mailed to the Board clerk. Shows poles and wires crossing Arnold Avenue by rope course location.
Anthony Storino commented that the ropes course is pre-fabricated and it is 36 feet high. Attractions get stale after a while and this seems to be trending now. He stated that it is going to be a family oriented attraction. The lower level is for 4 to 5year olds. It has a 42 inch minimum height. Exhibit A -6 entered, is the ropes course brochure. You can walk a plank, crooked bridge and ropes. You are harnessed for safety. There will be hard surface underneath; your feet do not touch the ground. Chairman Struncius inquired about line control – Anthony Storino replied that there is room underneath it for 2 lines; everything will be contained within the fence. Attraction is 40 feet deep and then there is 40 feet of unused space. Low level theme music will be played. The lighting will be similar to the lighting for the batting cages. Exhibit A-7 - Back lit sign for ropes course. The applicant would like to install on the east side of the building a back lit sign advertising the ropes course. The sign will be 18 inches above the mansard roof. (Either on the corner or maybe a little to the north).
Anthony Storino stated that in the last two years they have installed 2 new golf courses and the roof top golf course is deteriorating and not necessary anymore. The batting cages are utilized and some baseball teams utilize them for practice.
Christine Ann Mazzaro-Cofone, Professional Planner, sworn, credentials accepted. She reviewed the positive/negative criteria for the “use” variances. The ropes variance is diminimus the others are 54 feet and 60.5 feet and it is not noticeable on the boardwalk and it sits among the other rides. She does not believe that it will be out of character and consider it is an active family resort area. The applicant is looking to stay current and ahead of the curve. It is a good corporate system and they will take every precaution to minimize the impact.

Deliberations
Davis – As we have heard from the testimony we are seeing an update of the board walk. The theme will be appealing to an older adolescent age which will encourage exercise. Still concerned about the amount of light and the absolute mass of the drop and twist. It is almost 20 feet higher than any other ride up there and is concerned. It is a nice updated new feature.
Spader – Grew up on the boardwalk – went from kiddy rides and then we have seen a little change for the older kids. It is a confined area; the presentation pointed out that you have to keep up with the Jones’s. Has no problem with the rides; his concern was the LED sign right on the road. However the applicant presented signs on Rt 35 South before- this board took pains to make sure there were conditions and not being a distractions. Like to see it not broadcasting attractions. Conditions will prevent that.
Kelly – Did more work on this than any other project. Quite frankly I am very pleased to see what is happening. Sure that the lighting will be controlled. If you need batting cages they will be here. Has seen the ropes course on ships and it is packed. Quite frankly believes we need signs like that and take advantage of technology.
Reilly – Despite my wife’s comments I worked in business and you have to make money and keep up with the times. When you put the variances in context it is not such a big deal. Pretty well satisfied with the safety issues. In favor
Reynolds – In reference to comments that it is more of an adult ride; there has always been go carts and things for older adolescents. Does not see any infringement on light and air. Sees it as a nice addition to the boardwalk area. Lends itself to healthy exercise; kids are doing something.
Dixon – Everything that Jenkinson’s does is always an improvement. In favor
DePolo – Was concerned with the height; concerned with noise factor with the batting cage being elevated. After hearing everything am sure that it will not be an issue.
Schneider – Thinks the rope course is a good improvement; has a couple of grandchildren that will enjoy it. Might be good to have something tall as a centerpiece.
Struncius – Structures are open so he doesn’t see any massing. Ok with the sign- controls in place. Concern with the drop and twist is that it is going to be high but cannot come up with a compelling negative impact. No properties are directly across the street.

Conditions

Sign conditions

1. The LED sign is not to flash, blink, scroll, or have animation.
2. Once the premises is closed to the public, the sign lighting shall be turned down to the minimum standard.
3. The message shall be maintained for at least 10 seconds.
4. There shall be no advertisement of nonaffiliated businesses.
5. The sign will be made available to the police department for use in the event of an emergency. The applicant is to make this commitment to the borough by means of a developer agreement which is to be reviewed and approved by the Borough attorney.
6. Bottom of the LED sign will not be lower than 9 feet.
7. No advertisement of alcohol or drink specials
8. Lighting plan is to be reviewed by the Board engineer.
9. Fencing is to be as presented to the Board at the time of the hearing.

Motion by Mr. Reynolds, second by Mr. Spader to approve application #2016-09 – Jenkinson’s South, Inc – Boardwalk – Block 83.01; Lot 4 - Applicant is requesting to install a “Drop and Twist” which requires an over the shoulder restraining device. Applicant is also requesting to install a new LED sign with conditions
In favor: Spader, Kelly, Reilly, Reynolds, Dixon, Schneider an Struncius
Opposed: None
Approved with conditions

Motion by vice chair Reilly, second by Mr. Reynolds to approve application #2016-10 – Arnold Ave Associates – Boardwalk – Block 210-01; Lot 2 – Applicant is looking to remove batting cages and replace with rope course. Batting cages are to be relocated to where the roof top golf is.
In favor: Spader, Kelly, Reilly, Reynolds, Dixon, Schneider an Struncius
Opposed: None
Approved with conditions

Meeting adjourned at 9:30pm
Attest: Karen L. Mills, LUA, Clerk of the Board


Published January22, 2016 | Board of Adjustment Minutes | 2257


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