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February 7, 2008

Minutes Special Meeting

The February 7, 2008 Special meeting of the Board of Adjustment opened at 7:35pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Pasola, Palisi, Moberg, Struncius and Leonard Alternate: Reynolds was present

Motion by Mr. Wolfersberger second by Mr. Leonard to memorialize January 17, 2008 minutes.

In favor: Wolfersberger, Pasola, Palisi, Moberg, Struncius, Leonard and Reynolds

Application #2008-01 – David Lumia/ 600 Bay Avenue, LLC.; 600 Bay Avenue; Block 76, Lot 14; Applicant wishes to add two additional apartments to previously approved retail with two apartments above for a total of four apartments.

Jennifer Krimko, attorney for applicant. Explained history of application; building is not to be changed. Applicant is requesting to have a total of four (4) units.

Exhibits entered into evidence: A1 – Application; A2 plans

Michael Winkler, architect. Graduate of NJIT. Worked in the field of architecture since 1991. Licensed in the state of New Jersey. Credentials accepted.

Michael Winkler stated:

1. Plans previously approved by the Planning Board.
2. Applicant requesting four (4) one-bedroom apartments instead of Two (2) bedrooms to attract single professionals instead of families for tenants.
3. No visible changes to building.
4. Apartment square footage will be approximately 1, 000 square feet per unit.

Jack Pasola – Questioned why the architect sounded negative in reference to families being tenants?

George Miksis, sworn. – Inquired as to the proposed landscaping. His concern is for the condominiums on the south side; their view is a 35 foot wall with no aesthetic appeal.

John Buletza, Professional Engineer, sworn. Licensed Civil Engineer and Municipal Engineer in New Jersey, credential accepted, stated:

1. Previously approved landscaping provided for different types of plantings in the 5-foot strip to the south.
2. Water usage is based on number of bedrooms; water usage will probably be increased slightly; but not a significant one.
3. Parking will be mainly reserved for tenants. Required number of parking spaces does increase.
4. Doll gallery will have small gift shop.

George Miksis, resident – Inquiring about types of plantings on South side. He stated that the approved plants on the south side are foundation type plantings which will not offer any screening. He inquired if the applicant would change the landscaping plan to have more vertical plants. (Yes)

James W. Higgins, Professional Planner. Credentials accepted, stated.

1. Applicant requesting to change configuration of second floor; same number of bedrooms, just different layout.
2. Located in an area of mixed uses. Basically a downtown area; site zoned GC.
3. Zone allows apartments over retail.
4. He believes that single (young) people and seniors will probably inhabit these apartments.
5. He believes this application is the vision of smart growth and that these tenants will utilize mass transit.
6. The supermarket and downtown area are within walking distance.
7. He believes the site is suited to this use.
8. He believes there are special reasons to grant this use and believes there is no negative impact to the area.

James Higgins went on to explain how he believes that this application is consistent with the Master Plan.

Mr. Leonard inquired what the market is for one-bedroom apartments next to two emergency sirens. The firehouse is only about 200 feet away and the sirens go off frequently and it is going to be very loud in those apartments. I do not want to see these new tenants at council meetings complaining about the sirens. Mr. Higgins agreed with Mr. Leonard, but said people do adjust to the situation.

Mr. Palisi inquired if Mr. Higgins thought there was any negative impact being located that close to the High School. (JH – no)

Mr. Reynolds questioned where the garbage will be located (JK – parking lot)

David Lumia, applicant sworn, stated

1. He wants the four (4) units to lessen the headache of multiple applicants.
2. Two (2) units will be for the curators (agents for owner). He has no problem making it a deed restriction.
3. Two (2) units for tenants. Downstairs is for his wife to display her antique doll collection.
4. The basement will be his wife’s work shop.
5. There will be a small gift shop.
6. Amenities will be a higher end.


Mr. Moberg – What I listened to was the very first statement; 4 apartments where two are already allowed. I agree with the definition of an apartment house but not at this site. I believe an apartment house sits by itself. This is not foreign to this area. They already have 2 units; I believe there would be a greater amount of people with two apartments. I have no problem with the application as it stands.

Mr. Reynolds – I think it was a great presentation. I believe it fits in with the area.

Mr. Wolfersberger – I see no negative impact since the building is there already. I think there will be less people with the one-bedrooms. As long as the landscaping is addressed I am in favor.

Mr. Leonard – I can see where it is less of an intense use with the one-bedrooms. What is a concern to me is what element we bring close to the High School. As long as we keep it high end I would be in favor.

Mr. Pasola – I will be the only one to take the opposite side. I think it will be a negative on parking, I do not think they proved positive criteria. I do not think the fore father’s wanted an apartment house in town. I don’t think there is a need for this use. We have condos on Broadway that are not selling. I do not think what is proposed tonight is good for Point Pleasant Beach.

Mr. Palisi – I have an ethical use on how you got before our Board. I agree with a lot of what Mr. Pasola said. If you came before us this building would not be as big. We will be better served with one of the units being owner occupied. I would be in favor.

1. Landscaping plan is to be improved and submitted to the Board Engineer for his approval with special attention being given to the height of the vegetation. The applicant is to prepare his plan in consultation with Mr. Miksis.
2. 4 of the 12 parking spaces to be reserved; one for each of the units.
3. A deed restriction is to be recorded for two of the apartments to be owner occupied. Deed is to be submitted to Board attorney for review.
4. The applicant is to build the apartments in a first class manner. Materials are to be submitted to the Board’s Engineer for approval.

Motion by Mr. Leonard second by Mr. Moberg to approve #2008-01 with conditions.

In favor: Wolfersberger, Palisi, Struncius, Moberg, Leonard and Reynolds
Opposed: Pasola

Meeting adjourned at 9:51 pm

Attest: Karen L. Mills
Clerk of the Board

Published February26, 2008 | Board of Adjustment Minutes | 514

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