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May 17, 2007

MINUTES

The May 17, 2007 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: Chairman Moberg, Mr. Wolfersberger, Mr. Simon, Mrs. Tooker Alternates: Mr. Leonard, Mr. Ardito and Mr. Reynolds

Motion by Mr. Leonard, second by Mr. Wolfersberger to memorialize the minutes of May 3, 2007 meeting.

Vote: Wolfersberger, Leonard, Moberg, Tooker, Reynolds and Ardito……………………Yea
Opposed: None

Motion by Mr. Reynolds, second by Mr. Moberg to memorialize the action and vote approving application #2006-20 of Suzanne LeFabvre, 18 Danby Place with conditions.

In favor: Simon, Moberg and Reynolds ………………………………..Yea
Opposed: None


Motion by Mr. Leonard, second by Mr. Reynolds to memorialize the action and vote approving application #2007-05 of Will's Hole Marina, 501 Broadway with conditions.

Vote: Leonard, Moberg and Reynolds………………………………………………..Yea
Opposed: None

Application #2006-16 Paul Miccio, 214 Harvard Avenue, Block 146; Lot 7; Applicant wishes to install an open wood deck. Mr. Wolfersberger will be stepping down on this case. Robert Rothstein, attorney for applicant. Application is to construct approximately a 155 square foot deck that will result in lot coverage of about 34%. In addition to the deck he will also be installing an in-ground pool.
1. Based upon the sworn testimony of the applicant, Paul Miccio, the Board made the following finding of facts:

A. The applicant seeks to construct an open deck onto the existing home.

B. The existing building coverage is 28.9%, and it will increase to 34.3%, as a result of this proposal

C. The applicant no longer requires variance relief for the swimming pool due to the change in the ordinance.

D. There will be pavers around the swimming pool.

E. The proposed deck will square off the home.

F. All trees removed from the property have been replaced with new trees.

G. The deck will be less than thirty (30) inches in height.

H. The deck will be open and allow for the water to percolate into the soil below the deck.

I. The proposed deck is aesthetically pleasing and will have no substantial negative impacts on the surrounding property owners.

2. Based upon the sworn testimony of the Applicant’s Architect and Professional Planner, Mark Bros, the Board made the following finding of facts:

A. The applicant seeks to construct an open deck onto the existing home.

B. The proposed deck is aesthetically pleasing and will have no substantial negative impacts on the surrounding property owners.

The Board found the applicant’s proposal attractive, and that the deck will improve the housing stock of the Borough of Point Pleasant Beach; The Board determined that the deck would square off the home; The Board found that the deck will be open and allow storm water to percolate into the soil under the deck; The Board found that at a height of thirty (30) inches the deck would not contribute to the massing of the structure. There are no substantial negative impacts arising from this proposal because the deck will not impinge on the light, air, or privacy of the surrounding property owners. The benefits of this proposal outweigh its detriments.

Motion by Mr. Reynolds, second by Mr. Simon to approve application #2006-19

In favor: Simon, Moberg, Tooker, Reynolds and Ardito
Opposed: Leonard


Application #2006-49, Judith A. Troia, 629 New Jersey Avenue, Block 53, Lot 15;Applicant wishes to completely enclose existing porch and make it habitable space and add a deck to rear of dwelling. The applicant seeks to enclose an existing porch and construct a deck to the rear of the existing home.

The applicant stated the following: The existing home is situated on a unique corner lot, which presents a hardship to construct a deck that would conform to the setbacks. The existing home has two (2) front yards on New Jersey Avenue and Bay Avenue. The cement slab will be removed from the property. The proposed building coverage is 30.4%, whereas 30% is the maximum permitted. The proposed renovations are aesthetically pleasing and will have no substantial negative impacts on the surrounding property owners.

The Board concluded the following:
1. The home is situated on a corner lot, which is a hardship to the property as defined by N.J.S.A. 40:55D-70(c)(1).

2. The Board found the applicant’s proposal attractive, and that the renovations to the home will improve the housing stock of the Borough of Point Pleasant Beach.

3. The Board determined that the increase in building coverage is de minimis.

4. There are no substantial negative impacts arising from this proposal because the enclosed porch and rear deck will not impinge on the light, air, or privacy of the surrounding property owners.

5. The benefits of this proposal outweigh its detriments.

Motion by Mr. Leonard, second by Mr. Wolfersberger to approve application #2006-49.

In favor: Simon,Wolfersberger,Leonard,Moberg,Tooker,Reynolds and Ardito
Opposed: None

Application #2006-50, CVS/Minute Clinic, 1201 Richmond Avenue, Block 35.01; Lot 2; Applicant wishes to have health care facility which treats non-emergency common illnesses.
David Scalera, attorney for applicant. Exhibits entered: A-3, colorized merchandise plan. A-4 & A-5; Colorized enlargement of interior. A-6; Promotional pamphlet. Applicant is seeking a "use" variance and site plan waiver. Minute Clinic is a private medical practice. Mike Tobia, Professional Planning consultant. Credentials, accepted. The building is not being altered on the exterior and the site-plan will remain the same. Minute Clinic is basically a facility that has two workstations. Each station will be handicap accessible. Workstations will be located in the rear of the store. Clinic will be 141 square feet in size. The milk case will be relocated and that part of the wall will become an archway as an entrance to clinic. There will be no loss of retail floor space. Mr. Leonard inquired what they are going to do if 30 people are there at once. Dr. Rebecca Steckel, representative of Minute clinic. The busiest the clinics have been in other locations is 12 patients in one day. You are not meant to be there very long. CVS, owns Minute Clinic out of Minnesota. A corporate entity may not own a medical facility in New Jersey. Mr. Simon inquired what the cost would be per patient? ($50 - $60 per visit). The clinic does accept insurance and does issue prescriptions. Mr. Tobia stated that they easily meet the suitability test. Mr. Reynolds inquired about the emergency exits? Dr. Steckle stated that the Minute Clinic is not an urgent care facility. Mr. Wolfersberger inquired what the difference is between this facility and the emergency room down the block? There are 23 diagnoses that they provide care for in addition to vaccines. There will be no drawing of blood. A majority of the patients will be at the facility no more than ten (10) minutes. The applicant anticipates having thirteen (13) Minute Clinic facilities in surrounding CVS Pharmacy stores. The Minute Clinics have been operating in Minnesota for over ten (10) years. The facility is designed for walk-in patients only; there will be no appointments for patients at this location. There will be no emergent or trauma care given at this location. The facility is not intended to be operated as an emergency room. The Clinic will not provide any care outside the scope of family medicine. The primary purpose is to diagnose and prescribe medication for common minor ailments such as swimmer’s ear and poison ivy. There will be a “Sharp Container” to dispose of medical waste.

Based upon the sworn and qualified testimony of the Applicant’s Professional Planner, Michael Tobia, the Board made the following finding of facts:

a. The applicant seeks to operate a private medical facility within the existing CVS Pharmacy store.

b. The Minute Clinic will encompass 141 square feet for two (2) offices, and 162 square feet for the hallway area.

c. The two (2) offices of the facility will be handicap accessible.

d. There will be no site changes made to the property, as a result of this proposal.

e. Use variance relief is sought for this application, as medical offices are not expressly permitted by ordinance.

f. The Highway Commercial zone permits office use, but not medical offices. In order to utilize a portion of the CVS Pharmacy store, for a Minute Clinic, is considered a dual principal use, therefore requires a use variance.

g. There will be two (2) offices with a maximum of two (2) nurse practitioners on staff at any time.

h. A licensed doctor will always be available by phone to assist the nurse practitioners.

i. Patients will enter through the front of the store and proceed to the back of the store where the facility will be located.

j. The milk case will be relocated to the sidewall to permit the construction of an archway entrance to the facility.

k. The Minute Clinic will be replacing the existing “one-hour photo,” words on the existing signage.

l. The Minute Clinic will operate during the week from 8:00 am to 8:00 pm and on weekends from 10:00 am to 4:00 pm.

m. There will be no enlargement of the existing signage on the building or the freestanding sign.

n. There will be no increase in parking, as a result of this proposal.

o. The public will not see the mezzanine in the storage area.

p. The proposal is consistent with the Zoning Ordinances and Master Plan of the Borough of Point Pleasant Beach.

q. This proposal advances the Municipal Land Use Law as it provides affordable health care to the surrounding community.

r. The this proposal advances the Municipal Land Use Law as it is in appropriate location, as it is located within an existing pharmacy store.

The Board concluded there will no changes to the site and, as such, grants the applicant the wavier requested for site plan. The Board found that the Highway Commercial zone permits office use, however to utilize a portion of the CVS Pharmacy store, for a Minute Clinic, is considered a dual principal use, therefore requires a use variance. The Board determined that the Minute Clinic is designed for walk-in patients only; there will be no appointments for patients at this location. In addition, the Minute Clinic represented that it would not provide emergency or trauma care. The Board has determined that the relief sought can be granted without a substantial negative impact because the proposal will not impinge on the light, air, or privacy of the surrounding property owners.

Conditions:

1. All patients will be seen on a walk in basis and no one is to be seen by appointment.

2. The clinic is not to provide any care outside the scope of family medicine.

3. No emergent or trauma care is to be provided at this site.

4. This location shall be limited to a maximum of two (2) advance practice nurses who will treat patients. A licensed New Jersey Physician affiliated with the practice is to be available to assist the advance practice nurses by phone.

5. The practice is to comply with New Jersey Board of Medical Examiner regulations applicable to the operation of a private medical practice, including the proper handling of medical waste.

6. The Use Variance for the Minute Clinic shall be limited to a total 302 square feet of floor area within the CVS Pharmacy store, to be located exactly as shown on Exhibit “A-3”, also known as Sheet “F-1.” Specifically, the two (2) offices shall be limited to 141 square feet and the hall way shall be limited to 162 square feet.

7. The applicant is to supply a plan for handling emergencies to the Board’s Engineer for his review and approval. The purpose is to insure that an adequate means of ingress and egress are provided within the building in the event a medical emergency occurs.


Motion by Mr. Wolfersberger, second by Mr. Ardito to approve application #2006-50 with conditions:

In favor: Simon, Moberg, Tooker, Reynolds, Ardito, Wolfersberger and Leonard
Opposed: None


Attest: Karen L. Mills, Clerk of the Board


Published June26, 2007 | Board of Adjustment Minutes | 433


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