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March 12, 2007


MARCH 12, 2007

Chairman Ammirata stated that this is a regular meeting of the Point. Pleasant Beach Planning Board and adequate notice of this meeting was given by publication in the Ocean Star and by posting a copy of said notice in the front office of the Borough Hall.

Members present: Chairman Ammirata, Mike Brodeur,. Tom Neumaier, Councilman Corbally, Mary Mossa, Elaine Kosci.nski, Cornelia Caldarone,
Also present was James DeBenedett, Planning Board Attorney and Raymond Savacool, Planning Board Engineer.

Motion by Mrs. Koscinski seconded by W. Brodeur and approved by roll call vote of those members present: vouchers submitted approved for payment. Members abstaining: Councilman Corbally

Motion by Mrs. Koscinski, seconded by Councilman Corbally and carried by roll call vote of those members present: Adoption of Resolution approving application; Resolution attached hereto and made a part of these minutes.

Clerk confirmed the Affidavit of Service, Notice to property owners and Affidavit of Publication in the newspaper was reviewed and found to be in order.
Lawrence McIver, Esq., attorney for the applicant, advised the Board that the applicant has considered the recommendation of Raymond Savacool, the Planning Board engineer and has removed the two parallel spaces reducing the number of parking spaces requested from 25 to 23. The existing structure, which was damaged by fire several years ago, will be removed. Applicant is requesting certain waivers: i.e. gravel lot versus paved lot; proposing frontage of 60.00 and 63.00 as opposed to required 100 feet, which is an existing condition.
NOTE: All new members were sworn M.
Anthony Storino was sworn in and on questions from W. McIver, stated:
1. he is familiar with the proj ect.and property of this application; .
2. presently existing is a four story home damaged by fire and which will be removed;
3. owned property for about ten years; width of 60.00 and 63.00 has stayed the same
4. proposing a paid parking lot for searsonal use during the summers months; when not in use; property will be fenced;
5. customers will be charged to park in the lot; hours approximately from 9:00 a.m. to 12 midnight; wi11 be servicing customers for beach and the boardkwalk business
6. lot will have an attendant when opened
7. there will be access to the boardwalk
8. requesting gravel vs. paved; gravel is more environmental friendly
9. on question from Councilman Corbally - there will be no overnight parking
10. on question from Mike Brodeur - no gate; just posts and chain when lot is closed
11. on question from Tom Neumaier regarding gravel vs. paved; gravel not able to mark for parking; would be harder; ans. CAFRA and drainage would be a nightmare for paved area
Discussion was held regarding no overnight parking of cars; closing time - 2:30 a.m. Marked into evidence as A-1 Site Plan Map prepared by John N. Ernst., P.E.
John Ernest, P.E. was swam in and stated:
1. gave background to Board members to qualify as expert
2. confirmed two spaces on south side of lot were removed
3. proposing a 20 foot asphalt apron as it approaches sidewalk so that gravel wi11 stay in lot area
4. proposing gravel lot with wheel stops to delineate parking spots; 21 spaces with face north and 2 spaces will face east
5. screening and planting for landscaping provided
6. lighting on Lot 4, existing miniature golf course, will be upgraded
7. variances requested for lot frontage and width - required 100 feet; existing 60 ft and 63 ft; lot has adequate area once structure is removed; parking lot is a permitted used within the zone and will be in confornuty with zoning requirements in all other aspects
8. gravel vs paving: this area is along beachfront and we are eliminating impervious surface allowing for drainage water to penetrate into the ground
Chairman Ammirata questioned what CAkRA would prefer - paved or gravel; Mr. Savacool indicated that CAFRA promotes this type of surface; allows for oil drippings, water etc. to filter into the ground vs. run off
9. applicant is requesting waiver from size of parking stall from I0x20 to 9x18; adequate size for cars
10. will provide landscaping plans in accordance with Ordinance requirements; buffer on south side also
11. variances: .there will be no adverse impact if approved; benefits are that the applicant is removing structure and providing porous surface for drainage
Councilman Corbally questioned Mr. Storino regarding ownership of the lots to the south; concerned about residents. Mr. Storino indicated two houses are owned by Jenkinson South and one is owned by his father.
Chairman Ammirata expressed concern regarding pedestrians on the boardwalk; will patrons of the lot have access. Mr. Storino indicated yes and they could install a guardrail type structure.
In response to Mr. Savacool's. review letter of January 25, 2007, applicant advised Page 3
1. applicant agreed to provide trash receptacles
2. sign: will comply with guidelines set by the Town - certain size etc. for parking lots
3. off season the lot will be closed
4. sewer/water services will be abandoned and note will be added to the plan
5. CAFRA permit will be obtained
Councilman Corbally questioned whether the applicant would agree that during the off season there would be no parking of trucks, storage of equipment etc. on the lot. Mr. Storino agreed to this condition.
There being no further questions from the Board, Chairman Ammirata opened the meeting to public participation:
Max Gannon, 304 Parkway, was sworn in and expressed his concern of the use of gravel vs. pavement; Ordinance is very clear; went through this at the lot at Parkway and Ocean with the loose stone; unless there is a hardship what is the reason for granting this request when the Ordinance clearly says otherwise.

There being no further comments from the public that portion of the hearing was declared closed. Mr. McIver stated he had no further comments to make on behalf of the applicant.

Motion by Councilman Corbally, seconded by Michael Brodeur and unanimously approved by roll call vote of those members present: Application approved and Planning Board attorney directed to prepare Resolution of Approval for adoption at the Board's next meeting to be held on April 9, 2007..
Jerome Landers approached the Board and 'advised in his opinion the Board could not hear this application because of the pending suit on their first application. Discussion was held. Board Attorney, James DeBenedett did not agree with Mr. Landers and the Board proceeded with the hearing.
Due to the prior application and reference to Chairman Arrlmirata's possible core ict at that time which was raised in the Court papers filed by Mr. Landers, Mr. Gelson respectfully requested that Chairman Ammirata recuse himself from the hearing. Chairman Anzrnirata agreed and the hearing was chaired by Vice Chairman Thomas Neumaier.
Clerk confirmed the Affidavit of Service, Notice to property owners and Affidavit of Publication in the newspaper was reviewed and found to be in order.

John Gelson, Esq., attorney for the applicant stated:
1. certain Board members are aware of the prior application for this same property where an approval was granted to subdivision with variances; which is presently being challenged in the Courts
2. we are making this application for a subdivision with no variances; existing house would be demolished, eliminating any variance requirements to create two new lots, each 6,250 sq. ft. where 5,000 sq. ft lots are required; each proposed new lot would exceed requirement
3. no variances are requested with this application; existing non-conformities would be removed
4. applicant will comply with all comments and conditions as contained in the Planning Board Engineer's review letter of March 6, 2007 except for #9.
5. existing house would continue to be used bi the Walsh's until the new home is completed; thereafter the existing house would be demolished
6. commented to the Board that in prior testimony, Mr. Landers himself stated that the Walsh's would have every right to subdivide the property if the house was not there
There being no further testimony or questions from the Board, Chairman Ammrata opened the meeting to public participation.
Jerome Landers, 820 Oak Terrace was sworn in and stated that in his opinion the Board lacked jurisdiction to hear this application and would recommend the Board not take any action on the application tonight.
Donna Landers, 820 Oak Terrace was sworn in and stated that the applicant does not have a hardship.; owns two homes; she moved into the neighborhood; comprising integrity of area.
Mr. Gelson commented that the applicant does not have to prove a hardship because the applicant is not requesting any variances; no other neighbors are here when they were present at the Last hearing when variances were requested; this is what we are allowed to do under the present Ordinance.
There being no further comments, Chairman Ammirata declared that portion of the hearing closed.
Motion by Michael Brodeur, seconded by Elaine Koscinski and unanimously approved by roll ,call vote of those members present: Application approved and Planning Board attorney directed to prepare Resolution of Approval for adoption at the Board's next meeting to be held on April 9, 2007.
ORDINANCE #2007-02 Establishment of a new SF-2 Zone
Discussion was held by the Board and on a Motion by Michael Brodeur, seconded by Elaine Koscinski and approved by roll call vote of those members present: Recommendation to Mayor and Council that this Ordinance should not be adopted. (Councilman Corbablly abstained)
Applicant requested change from prior approval to use cedar impression shingles instead of cedar shingles. Motion by Thomas Neumaier, seconded by Elaine Koscinski and carried by roll call vote of those members present: Approval granted for use of cedar impression shingles subject to applicant's-use of material equal or better than Azek material for the trim, fascia, etc. (Abstaining: Mary Mossa, Councilman Corbally, Cornelia Calderone.)
VOUCHERS: Motion by Elaine Koscinski, seconded by Michael Brodeur and carried by roll call vote of those members present: Vouchers submitted approved for payment. (Councilman Corbally abstained)
There being no further business to come before the Board, the meeting was adjourned.
Respectfully Submitted,
Diane Johnson

Published April20, 2007 | Planning Board Minutes | 403

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