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May 3, 2007

MINUTES

The May 3, 2007 Special Meeting of the Board of Adjustment opened at 7:35 pm. The clerk read the notice of compliance with the “Open public meetings act.” Present were Board members: Chairman Moberg, Mr. Wolfersberger, Mr. Struncius and Mr. Cangelosi Alternates: Mr. Leonard, Mr. Reilly, Mr. Reynolds and Mr. Ardito

Motion by Mr. Reilly, second by Mr. Reynolds to approve and memorialize the minutes of the April 19, 2007 meeting.
Vote: Moberg, Cangelosi, Struncius, Leonard, Reilly, Reynolds and Ardito……...Yea
Opposed: None

Motion by Mr. Reynolds, second by Mr. Moberg to memorialize the action and vote approving application #2006-38 of Railroad Square, 413 Railroad Square.
Vote: Moberg, Reilly and Reynolds………………………………………………..Yea
Opposed: None

Motion by Mr. Cangelosi, second by Mr. Leonard to memorialize the action and vote approving application #2006-55 of Laura and Jim MacMillan, 109 Atlantic Avenue.
Vote: Cangelosi, Struncius, Moberg and Leonard…………………………………Yea
Opposed: None

Application #2007-05, 501 Broadway (Will's Hole Marina, LLC), Block 181;Lot 1: Applicant wishes to allow commercial dinner boat to operate from Kingsbridge Marina and add a total of 6 commercial slips. Nick Montenegro, attorney for applicant. Bill Damora, owner and manager sworn. Exhibit A-3 entered, Presentation board. Exhibit A-4, Photos (4 through 9) entered. Bill Damora is requesting 6 boat slips be allowed to park 6-pack charter boats. 6-pack charter boats are almost always 6 people who know each other and charter the boats for the day. No additional slips will be added. There will be no head boats or commercial fishing boats. Bill Damora addresses the Engineers report. Boat sizes range from 23 feet to 50-feet; boats mostly utilized on weekends. The parking lot has never been close to being half full. The business located on the property is open Monday through Friday from 9 to 5pm. Boats are utilized mid-April through September. Since the applicant was last in front of the board the Marina has been dredged; Dredging was completed in July of 2006. Lindstrom, Dieser and Carr have approached the Jersey Transit system in reference to the septic tanks, and when the appropriate bids come back on the septic and water system they will attach the units and connect the system to the town's by year end. Bill Damora stated that he has been informed that the existing well and septic system will be able to handle the extra demand until he gets the upgrade. Applicant has received a grant from the State for a pump out facility that will be connected as soon as they are connected to the municipal system. Bill Damora stated that the largest boat his marina can accommodate would be a 60-foot boat. Marina at present time is half rented. Mr. Ardito inquired what the applicant anticipated the parking requirements to be if allowed the commercial boats? Bill Damora promised if there is ever a parking problem that the boats will go first. He has had a successful business for 30 years. Mr. Leonard asked if every boat owner has ever been there at once? Bill Damora replied that he has never seen all the boats in the marina utilized at the same time. Parking lot has never even been close to full.

No audience questions

Mr. Wolfersberger arrived. He will not be voting.

Robert F. Yuro, Licensed Engineer and Professional Planner, sworn. Robert Yuro stated that the existing septic system would be able to handle the needs of the marina. Keeping in mind that there is an application pending to be connected to the municipal system with in the next 6-months. Robert Yuro also believes that the 47 existing parking spaces will be adequate even though 49 are required. If all the slips were utilized at once you would need 24 spaces for commercial boats and 25 for the private boats that would only be a deficit of two parking spaces. Marina was pre-existing. Applicant upgraded the marina and brought it back to life. Peak use will be on weekends. Some boats will be utilized during the week. Positives are far outweighing the detriments.

Deliberations

Paul Struncius –Look at past history. We are in a far different situation because of the dredging. I want this to be a more viable marina. I doubt that there will be a day when all the boats are heading out at once. When I read the old resolution, I see that all conditions have been met. I do not see any negative impact. I see a positive to bring forward a more viable business.

Mr. Leonard – I agree with Mr. Struncius. Parking is always an issue, but as I alluded to before I have never seen a marina totally empty. Property is well maintained. I do believe if there is ever a parking problem that you would take care of it. You will take care of the septic issue. In favor of that application as proposed.

Mr. Moberg – Everything that was asked of you previously was carried out. The Kingsbridge building is probably the nicest building on Broadway. No negative impact to the community or neighborhood. In favor of this application.

Mr. Reilly – I cannot think of anything else to say so I will just say "ditto".

Mr. Reynolds – I echo pretty much what everyone has said. Existing boats there can carry 6 people.


Conditions

1. There will be no more that 6 slips utilized for 6 pack charters which will consist of 1 captain, 1 mate and 6 passengers. Vessels shall be 60 feet or less.

2. A pump out facility will be installed no less than 3-months after connection to the public sewer and water system has been established, but no later than May of 2008.

Motion by Mr. Reilly, second by Mr. Leonard to approve application#2007-05 with conditions.

Vote: Moberg, Struncius, Cangelosi, Leonard, Reilly, Reynolds and Ardito……….Yea
Opposed: None



Application #2007-01 – Elie & Pierre Chedid, 103 Forman Avenue, Block 68; Lot 2; Applicant wishes to renovate the existing structure to provide for 6 condominiums units on three floors with an elevator. (Carried without notice) John J. Jackson, attorney for applicant. Planner is absent. Applicant is requesting a "use" variance for multiple units instead of the single use, which is required by zoning. Elie Chedid is an Engineer by training, but not licensed. Mr. Moberg respectively questioned the testimony of Elie Chedid because he is not a licensed Engineer. John Jackson cited NJ rules of evidence; rule 702 provides testimony can be accepted from a witness qualified by knowledge, skill, training or education beyond that of the ordinary person. Elie Chedid's experience is in the field of engineering and design. Mr. Galvin would prefer to have a licensed engineer. Steven A. Pardes, attorney, representing an objector, thinks there should be extensive testimony on Mr. Chedid's qualification. Mr. Savacool says the site plan approval would require more extensive testimony. Elie Chedid stated he has been employed as an Engineer since 1980. Mr. Chedid has received his Bachelor's and master's degree in engineering from Rutgers University. New Brunswick Board of Adjustment has accepted him as an Engineer before their board. John Jackson stated that Elie Chedid has experience beyond that of an ordinary person. Elie Chedid stated that he has three brothers and they wish to purchase a second home at the shore. The Boarding home has a license for 9 rooms. The purchasing contract calls for the Boarding home license to be in full effect at time of purchase. They are the contractual buyers, meaning they do not have to purchase the property unless they get their variance. Photos A-3 through A-10 entered. A- 11 Preliminary site and ground floor plan. A- 12 & A- 13, Floor layout and building Elevations (4/07); A- 14, site-plan; A – 15, Survey (Plan B); A – 16, survey, Plan A; Police report of Police Activity at 103 Forman entered as A-17. Elie Chedid showed that both plans contained 4 condo units. Mr. Cangelosi inquired why the board was viewing 2 different sets of plans? Mr. Galvin replied that at some point the applicant will have to inform the board what plans they are going forward with. Mr. Cangelosi responded, "We should just be viewing 1 set of Plans". John Jackson explained that they are only seeking a "use" variance. The board can approve a "use" without a site-plan. This is opportunity to see what can work there; we were hoping to get the board's responses. Mr. Struncius replied that he likes having a second option. Mr. Wolfersberger states that he is going to take a great deal of convincing. Mr. Moberg commented that we are starting with a clean slate and the applicant should be coming in with 30% building coverage. Mr. Galvin explained to the applicant that from a practical standpoint they have put something forth and gotten some feedback from the board and that they should open themselves up to questions from the board, the public and Mr. Pardes and then have the application carried to a future date and have testimony from their planner. John Jackson thought that was an outstanding idea.

Mr. Reynolds questioned Elie Chedid as to the ownership of the condos. Elie Chedid replied that at the present they plan to occupy the condos but that in the future they could be rented or sold.

Audience Questions

Rose Fabiano – 101 Forman Avenue- I understand that code requires 2 stories. If this is proposed I believe this is 4 stories. Is that a 200% variance? (Mr. Savacool-This is 3 stories with a loft. Ordinance allows 2 ½ with limitations). Is there an occupancy code? Mr. Savacool replied there is not an occupancy code for family members. Rose Fabiano commented that the balconies look down into her home. Elie Chedid replied that the balconies are for aesthetic purposes.

Ted Sobiesky – 26 Trenton Avenue – If this is granted does that mean that every rooming home will be able to be condos? Does it set precedence? Mr. Galvin replied that every case is heard on its own merits.

Joe Orth- 102 Trenton Avenue- On Plan A – concerning the loft – Would you be using that as a sleeping space? Elie Chedid replied that it could be a potential use.

Mr. Leonard asked for clarification in reference to the sale being contingent on the Rooming license being and remaining in affect. Mr. Galvin explained that if they get condo approval that a condition of approval would be to abandon the Rooming home license.

John Jackson closed by saying this particular structure has been a problem and this is a good opportunity to get rid of it.

Motion by Mr. Leonard second by Mr. Reilly to carry application #2007-01 to August 16, 2007 with notice.



Meeting adjourned at 9:40pm

Attest: Karen L. Mills, Clerk of the Board


Published May24, 2007 | Board of Adjustment Minutes | 421


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