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March 16, 2017


March 16, 2017 BOA minutes

The March 16, 2017 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. Kelly, Mr. Reynolds, vice-chair Reilly, Chairman Struncius, Mr. Dixon, Mr. Schneider and Ms. Crasper
Absent – Spader, DePolo and Davis
Also present – Chris Reid, Charles J. Rooney, Engineer and Karen Mills, Clerk
Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the minutes of
February 2, 2017.
In favor: Reynolds, Kelly, Schneider, Dixon and Struncius
Opposed: None

Motion by Mr. Reynolds, second by vice-chair Reilly to memorialize the action and vote approving application #2017-05 or George/Sibel Fresolone – 23 Niblick Avenue with conditions
In favor: Kelly, Reynolds, Schneider, Crasper and Reilly
Opposed: None

Motion by Mr. Reynolds, second by Mr. Schneider to memorialize the action and vote approving application #2017-07 –of Bruce/Lynn Russell – 107 Dartmouth – Block 155; Lot 2 – with conditions
In favor: Reynolds, Schneider and Struncius
Opposed: None
Application # 2017-03 - Kendall Keer – 602 New Jersey – Block 5.03; Lot 61 – Applicant wishes to add a one story addition to front and rear of existing single family dwelling and a new deck.
(Kerr will not be heard due to deficient notice. Once he has been rescheduled he will have to notice again)

Application #2017-04 – PMG New Jersey, LLC (Exon Service Station)– 200 Route 35 – Block 113; Lot 23 - Applicant wishes to expand convenience store into service station garage bay and erect a new free standing sign.
Jason Turvel, with Prime Law, attorney for applicant. Jason Turvel gave an overview of the property. Property presently has three (3) uses – gas station, convenience store and auto repair shop. Owner purchased property approximately four (4) years ago and it is need of an upgrade and he would like to convert it into a proper modern gas station. The applicant would like to make use of the existing building and enlarge the convenience store. The building is 1798 square feet and the whole building will consist of retail. Landscaping will be added and the existing sign will be replaced exactly where it stands today. There will be ADA and delineated parking. The shed will be removed; there will be no cooking on premises. Exhibit A-6 entered – Letter of no interest from the DOT. They are actually eliminating a pre-existing non-conformity by removing the auto repair business.
James Kinosian, Stonefield Engineering and Design, Professional Engineer in the State of NJ, sworn, stated that, received Bachelors of Science in Civil Engineering from Rutgers University. Exhibit A-3 – colorized google earth photo of property in question. Reviewed existing conditions. Exhibit A-4 – Eastern elevation- Brick finish – new faηade will match old faηade. Circle K sign will be illuminate and conform to code. A-5 – colorized site plan- 3 parking spaces west of the store to be utilized for employees. Sidewalks will be ADA compliant. Northeastern portion of the property will have enhanced landscaping to screen light glare; proposing 85 shrubs. Proposed free standing sign will be 29 square feet; 4 wall mounted LED lights (40 watts) oriented downward for basic safety illumination. 20 parking spaces are provided for the site. Property located 435 feet from a house of worship which will remain the same; if actually measured from gas pumps it is over 500 feet.
Mr. Kelly questioned the garbage collection (it will remain where it is). Mr. Dixon is concerned with the parking situation. Jason Turvel replied that this will probably be a 3 to 5 minute transaction but will review lighting for safety with board Engineer. There will be no cooking on premises, just heating. Mr. Schneider questioned how they will prevent anyone from parking in front and running in. The applicant will stripe the front for no parking. Mr. Reynolds inquired about the continuation of propane retail (Yes). Charles Rooney inquired if the sign could be moved to be more conforming? (Yes) but it would not be seen as clearly. Mr. Kelly inquired if there could be a traffic control sign on the southbound side; that is a difficult area to navigate. (Yes- the applicant will install a traffic control sign)

Daniel McSweeney, Professional Planner, NJ license 1883, office located in Sea Girt, sworn, credentials accepted, stated that he was retained to testify on the D3 conditional use and C variance. He has testified on over 40 Exon applications. This is an irregular half acre lot; site has been fully developed as a service station for over 40 years. Uses on site are mini mart, service station and auto repair; unusual application because the application contains a permitted use, conditional use and non-conforming use (auto repair). Applicant will be removing the non-conforming use. The sign package will be containing conforming signage except for the monument sign. Retaining same building footprint, curb cuts and fueling dispenser. Applicant is seeking a D3 use because they do not meet two standards of the conditional use; does not meet 500 feet from house of Worship and parking space in Northeast corner. They meet the other 7 conditional use standards. Bulk variances being requested are existing; believes that the applicant is bringing the property into a higher degree of compliance by eliminating the three bay garage. The property is constrained by the three frontages; applicant is improving the function and appearance of the property.
Hours of operation will be 24 hours during the summer and 5am till 11pm off season.

Jason Turvel gave a closing statement.

No audience questions/comments

Mr. Reynolds – Do not see being too close to a house of worship an issue, what I do see if we turn this down we are stuck with a building down the road that looks like crap. If we approve this application we have a new decent looking building for the next 20 years.
Mr. Kelly – Would like to commend the professionals on one of the better presentations I have seen in a long time. That gas station has probably been there for 55 years. This is an improvement as I see.
Mr. Reilly – The one problem I have seen is cars being parked all over because it is a service station. I think this will make a big improvement; there is nothing that is worse than before and a lot that will be better. Will be in favor.
Mr. Dixon – I was impressed with the professionals that were hired to present this. As far as the main sign goes I have no problem. The safety issues have been addressed.
Mr. Schneider – I see it as a positive all around; we are eliminating a non-conformity; it is one of the first structures that is seen when tourist enter the town. I think it is a great improvement.
Ms. Crasper – Agrees with the rest of the board. The renovation and modernization is in the same footprint. Removing the nonconformity of the auto repair shop, it does look dingy when you go past there. I think that seeing a new building when you come into town is a good thing.
Chairman Struncius - Not much to add – a couple of quick points – they are pre-existing conditions – we are only improving it by removing the nonconformity. The fact that the sign is only 14 feet of the curb line makes a difference. There will be some more traffic on the site. I am not a person who cuts through – there must be something to do to self-regulate the people cutting through. Good presentation – no brainer with everything being improved. Positive far outweighing everything being improved.


1. Wood shed shall be removed.
2. No cooking on site/heating food only
3. Exit sign will be installed on Route 35 south highway side.

Motion by vice-chair Reilly second by Mr. Reynolds to approve Application #2017-04 – of PMG New Jersey, LLC (Exon Service Station)– 200 Route 35 – Block 113; Lot 23 with conditions

In favor: Reynolds, Kelly, Reilly, Dixon, Schneider, Crasper and Struncius
Opposed: None

Application approved with conditions

Meeting adjourned at 8:50pm
Attest: Karen L. Mills, LUA
Clerk of the Board

Published April21, 2017 | Board of Adjustment Minutes | 2546

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