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April 7, 2016

Minutes

The April 7, 2016 Regular Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Mr. Spader, Mr. Kelly, Chairman Struncius, Mr. Schneider, Mr. Dixon, Mr. DePolo Mr. Davis and Ms. Crapser
Absent – Mr. Reilly and Mr. Reynolds

Motion by Mr. Spader, second by Mr. Schneider to memorialize the minutes of March 3, 2016
In favor – Spader, Kelly, Reilly, Reynolds, Dixon, Schneider and Struncius
Opposed - None

Memorialize Resolutions
Motion by Mr. Reilly, second by Mr. Dixon to memorialize resolution #2015-29 of Frank Cocuzza – 12A Inlet – with conditions
In favor _ Kelly, Reilly, Dixon and Struncius
Opposed: none
Motion by Mr. Spader, second by Mr. Kelly to memorialize the action and vote approving application #2016-06 – Ed/Elise Previte – 1024 Gowdy – with conditions
In favor – Spader, Kelly, Schneider, DePolo, Davis and Struncius
Opposed: None
Motion by Mr. Davis, second by Mr. Spader to memorialize the action and vote approving application #2016-16 of Marianne Thompson- 108 Randall Avenue with conditions
In favor – Spader, Kelly, Schneider, DePolo, Davis and Struncius
Opposed: None

Application #2016-18 – Last Wave Brewing Co. – 601 Bay Avenue – Block 91.;01; Lot 30 – Applicant wishes to utilize an existing storefront as a brewery.
John Jackson attorney for applicant, stated that they have an application for a brewery that will have a nice curb side appeal and be a cool thing for the downtown. It is a brewery first and foremost. The hours will be limited. It exists under a licensure from the ABC. Tours and tastings in the brewery will be permitted between the hours of 5pm-8pm on Thursday and Friday, 12pm-6pm on Saturday, and 12pm-5pm on Sunday.

According to the application, the applicant is seeking the following variances:

A. For a use variance for the proposed Brewery, as this is not a permitted use in the zone.





Pre-Existing Non-Conforming Conditions:

B. For pre-existing building coverage of 57.7%, and proposed building coverage of 59%, whereas 50% is the maximum permitted.

C. For pre-existing and proposed front yard setback of 0.1 feet (to Bay Avenue) and 2.7 feet (to parking lot), whereas 0 feet is required.

D. For pre-existing and proposed side yard setback of 0.6 feet, whereas 5 feet is required.

E. For pre-existing and proposed impervious coverage of 94.5%, whereas 80% is the maximum permitted.

F. For pre-existing and proposed lot area of 7,900 feet, whereas 5,000 feet is the maximum permitted.

G. For pre-existing and proposed lot depth of 149.36, whereas 100 feet is the maximum permitted.

Based upon the comments of the applicant’s Attorney, John J. Jackson, Esq., the Board heard the following:
A. The applicant is proposing to create a new brewery on Bay Avenue, which is anticipated to add appeal and excitement to the downtown area.
B. The emphasis of this proposed business will be on the brewing of beer; however, visitors for touring and tasting purposes is ancillary to the business as well.
Bert Roling, applicant, sworn, stated that they are seeking to open a brewery in the Point Pleasant Beach area to introduce the style of beer they have created to the public. They have received a Limited Brewery License. This particular license restricts the brewery from providing live music, having television, and selling food. There will be ambient music played on speakers in the brewery. Beer from the brewery will be sold in two outlets: in the tasting room to patrons, and in kegs to local bars.
Tastings require visitors to first take a tour of the brewery, which will provide educational information about the brewing process and how the beer is made.
A. There will be four fermenting tanks on the premises; three tanks will be 3 ˝ barrels large, and one tank will be 7 barrels large.
B. Brewing will take place in the back section of the building, 2-3 times a week. There will be piping installed connecting to the roof, so any lingering smells from the brewing process will dissipate above.
C. The fermentation process takes approximately ten days. After fermentation, the beer will be put in kegs to either be served in the tasting room or delivered to local bars.
D. A pallet of grain will be delivered to the business once a week or once every two weeks, depending upon how much is being brewed. Once the grain is used, the leftover grain will stored in blue containers kept inside the building for local farmers to pick up.
E. Deliveries will be received in the loading dock located behind the building, and delivery trucks may pull into the alley between the brewery and the adjacent building so as to avoid creating traffic.
F. There will be 30-40 seats in the tasting room.
G. The types of beer and tanks will need to be regulated through the ADC.
Edward R. McGlynn, landlord, sworn, stated that he agrees to landscape the perimeter of the rear parking lot to prevent vehicles from cutting through this area.


Christine Nazzaro-Cofone, P.P., applicant’s Professional Planner stated that - The proposed brewery use is particularly suited for this location in the downtown area, because it promotes the objectives of the Master Plan by creating a use that will bring more people and business to the downtown. The brewery will be a new and appealing use provided in an appropriate location. This use will not have a substantial detriment on the surrounding community, given the limited hours of the brewery, the unique nature of the use, and the smell which will be mitigated by piping.

Faith Ligori, Executive Director of The Joan Valentine House located next door, inquired about whether the building will be repaired as a result of this proposal. She was informed by the property owner, Mr. McGlynn, that the building will be substantially renovated for the new brewery. Ms. Ligori ultimately expressed support for the project, opining that it will be a positive addition to Point Pleasant Beach. She also saw no conflict with the residents of the Joan Valentine House.

Deliberations

Davis – I think that I certainly agree with the applicant. This is something our Master Plan envisioned – it will be an enhancement to this section of town. Do not see any negatives – the statements from your neighbor are a huge feather in your cap. Is so happy that something cool is not going to land in Belmar or Manasquan – that it is coming to Point Pleasant Beach. Certainly in favor of this application.

Spader – Enjoyed the presentation and the comments from the Valentine House. Likes that the building is getting upgraded. It will be an extension of the little boom the area is having. All the concerns are being handled by the conditions. Wishes the applicant the best of success.

Kelly – Happy to hear that we have a change from the Beer on the Boards. I am glad that the parking issue has been resolved. Wishes the applicant luck.

Reilly – Could not identify any negatives. All I see is positives – upgrading and renovating the building is a real plus. In favor

Reynolds – Also in favor – One of my first interactions with this board was an application for a brewery that everyone was against. Glad to see this – you have a passion to make great beer. The presentation was great – The neighbor being in favor is a real plus

Dixon – Everything has pretty much been said. With the conditions in place will be in favor and wish the applicants luck.

Schneider – Had a few concerns – but I think this will be great

DePolo – All for it

Struncius – Criteria has been met – sufficient space, supports surrounding restaurants. Secondary to that are the site improvements. Improving the location. Believes that this use would have been included in the Master Plan if the governing body had considered it.


Conditions

1. The Board granted approval with the understanding that the tasting hours will be limited to Thursday 5 p.m. to 8 p.m., Friday 5 p.m. to 8 p.m., Saturday 12 p.m. to 6 p.m. and Sunday 12 p.m. to 5 p.m. In addition the public may only be on premises during this time period. This is not a limitation in any way on the manufacturing operation.

2. The operation is strictly limited to the inside of the building.

3. All spent grains are to be stored inside to the building until picked up for disposal or donation to farmers.

4. The applicant is to provide landscaping along the rear grass strip in consultation with the Board Engineer, as generally described to the Board at the time of the hearing.

5. The parking lot is going to be delineated in consultation with the Board’s Engineer.

6. The facade and building exterior are to be refurbished as described to the Board at the time of the hearing.

Motion by Mr. Reynolds, second by vice chair Reilly to approve application #2016-18 of the Last Wave Brewing Company with conditions.

In favor - Spader, Kelly, Reilly, Reynolds, Dixon, Schneider and Struncius
Opposed: None
Application approved with conditions

Application #2015-38 – William/Mabel Covey – 801 Atlantic Avenue – Block 56; Lot 4 – Applicant wishes to demolish existing single family home and build new dwelling and get a certification of pre-existing non-conformity for garage apartment.
(Covey carried without notice from March 17, 2016)
William E. Bajohr, applicant’s attorney stated that upon recommendation of the Board, the applicants have revised their plans to scale back the size of the proposed new home. The applicants agreed to submit a landscaping plan and the applicants agreed that they will occupy at least one of the residences on the property.
Marc Leber, P.E., P.P., reviewed amended plan and Board Engineer’s letter and stated that the proposed new home will incorporate the following scaled features: the front porch will be 65 square feet, the front steps will be 40 square feet, the rear steps 42 square feet, the garage 665 square feet, and the steps leading down from the garage 63 square feet.
Since the last hearing, the three primary changes on this application include the reduction in building coverage from the originally proposed 33.86% to the now proposed 31.89%; the originally proposed front yard setback of 14.83 to the now proposed 15.93 feet; and revising the plans to replace the deck with a patio with one set of doors at grade level. The rooftop deck has been removed from the plans and the detached garage will contain two parking spaces and there will be an additional parking space in front of the house.
Frank Lodolce, R.A., applicant’s Professional Architect, stated that the Tulip Poplar tree will be preserved and will be protected during construction. This proposal has been reduced in size and scope to address the concerns of the Board. The detached garage/apartment will have different finishes and architectural features than the primary residence, to give it its own character. The new home will be an eggshell color, composed of Hardie or cedar planking materials for durability, Azak trim, and a metal or copper room.
Audience questions
Miguel Diaz, 711 Atlantic Avenue, inquired about the square footage of the home. He was informed by Mr. Lodolce that the square footage will be slightly over 4,000 square feet.
Mabel Covey, applicant, sworn stated that she has obtained records from the Township to identify how long the accessory apartment has existed. It was determined that the apartment received its first Certificate of Occupancy in either 1983 or 1987.
Audience questions/comments

Robert DeSocio, 804 Atlantic Avenue, expressed concern that the new home potentially is too big for the neighborhood. The Board disagreed; finding that this proposal would fit in nicely with the neighborhood and will have a minimal impact on the surrounding properties.

Susan Loder, 712 Atlantic Avenue, and Jessica Kaiafas, 800 Forman Avenue, suggested that the property owners, Mr. and Mrs. Covey, occupy the main home on the property as their primary residence to avoid any future disruptive renters.

Margaret Hart-Zuhowski, 519 Green Tree Avenue, - Grew up in Point Beach and remembers the property having the rental unit back in the early 1970’s - expressed support for the application, stating that it would be a positive addition to the area.


Conditions

1. The plan needs to be amended applicant must eliminate the Atlantic Avenue curb cut prior to the issuance of any Certificate of Occupancy.

2. The home must be constructed as shown to the Board on Exhibit A-7.

3. The applicant is to submit a landscaping plan of adequate size at the time of planting to the Board’s Engineer for his review and approval.

4. In consideration of being permitted to keep the rental property along Gowdy Avenue, the applicant agreed to file a Deed Restriction that states “the owner must reside in one of the units. However, if he does elect to reside in the rear unit, the front unit could only be rented on an annual basis and not on a seasonal basis.” The Deed restriction is to be reviewed and approved prior to the issuance of a building permit and the Deed Restriction is to be review and approved by the Board’s Attorney as to form and content.

5. The sewer line of the new home is to be directed to the municipal sewer, but must be independent of any other dwelling line.

6. The applicant is to provide a tree save plan prepared by a licensed arborist for the Tulip Poplar tree located along Gowdy Avenue. The plan is to be provided to the Board’s engineer. In the event the tree can’t be saved, proof must be provided to the Board explaining why, and the Board retains jurisdiction to consider a replacement tree or trees.



Deliberations
Davis – Finds these cases the most difficult. Can’t help but look back at the Master Plan and Zoning where the goal is to eliminate rental units. Have gotten testimony from the neighbors that they do not want the main house to be rented. Sitting squarely on the fence and leaning towards not supporting the application. Has a much larger appearance even though the footprint is the same.
Spader – Nice improvement- thinks the rendering is quite nice. The garage looks like a separate little house back there. With the conditions in place has no problem at all. This is Point Pleasant Beach – not unusual. Applicant has worked with us and taken our comments into consideration.
Kelly – Quite frankly I appreciate the changes that have been made. Eliminate the Atlantic Avenue curb cut. Has no problem with the size of the home. Impressed with the project.
Reilly – I think the applicants has done a very good job modifying the application. No problem with the rental over the garage – long standing thing. Thinks problem could be solved by not allowing seasonal rentals in the main house.
Reynolds – Likes the rendering – it is beautiful. Likes the condition that one unit is home owner occupied.
Dixon – Neighbors do not have a problem with the garage apartment – the neighbors were worried about the site line which has been addressed. It will be there main residence. He is trying to save the tree, eliminating driveway and believes the applicant is here to do the right thing.
Beautiful home and is spending a ton of money – in favor
Schneider – Beautiful structure – in favor with restrictions in place.
DePolo – Appreciate the applicant made the changes – give great weight to what the neighbors say. There should be give and take – leaning towards home owner living in front house.
Struncius – This is a corner lot – we look at them differently because it is hard for home owners to meet setbacks. Look at overage as diminimus with stairs and decking. If they tore down that garage you can’t believe the size of the home they could build on that lot. As far as the rental use the testimony of Maggie Hart-Zuhowski has recollection that the apartment was here in the early 1970’s. It is not an uncommon practice throughout the town to have garage apartments. Would weigh on an either or situation – probably the seasonal rental approach. We are getting a new, safer beautiful home. We take very seriously the renderings that we see at this meeting. The house is setback 16 feet and there is no concern about the site triangle.

Motion by Mr. Spader, second by vice chair Reilly to approve Application #2015-38 – William/Mabel Covey – 801 Atlantic Avenue – Block 56; Lot 4 – with conditons
In favor: Mr. Spader; Mr. Kelly; Mr. Reilly; Mr. Dixon; Mr. Schneider; Mr. DePolo; Mr. Struncius

Opposed: None

Application approved with conditions
Next meeting April 21, 2016

Meeting adjourned at 11:10pm

Attest: Karen L. Mills, LUA
Clerk of the Board


Published May26, 2016 | Board of Adjustment Minutes | 2341


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