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August 21, 2008


The August 21, 2008 Regular 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, Reilly and Leonard Alternates: Ardito and Kelly

Motion by Mr. Reilly, second by Mr. Leonard to memorialize the action and vote approving application #2008-18 Boardwalk LLC – Block 212; Lot 1.01

Vote: Wolfersberger, Reynolds, Leonard, Reilly and Ardito

Motion by Mr. Reilly and second by Mr. Ardito to approve the extensions of applications #2006-25 and #2006-35 of Antonio Nobre.

In favor: Wolfersberger, Reynolds, Leonard, Reilly and Ardito

Motion by Mr. Reilly, second by Mr. Ardito to approve the extension of application #2006-54 of George Walsh located at 103 Atlantic Avenue.

In favor: Wolfersberger, Reynolds, Leonard, Reilly and Ardito

Application# -2008-13 - Thomas/Vanessa Portesy – 315 St. Louis Avenue – Block 106; Lot 1.02; Applicant wishes to construct a first floor addition and a new second floor to an existing two story single family dwelling.

Vanessa Portesy, applicant, sworn. Applicant described the improvements she wishes to make to the home.
Ed Hardman, applicant’s builder, sworn. Explained why improvements are necessary and how they will affect setbacks. He stated that the prior work was poor and while he is upgrading the home it only makes sense to do the improvements now. Mr. Wolfersberger was concerned about the front setback and inquired why they cannot increase the building in the back. Mr. Leonard is also concerned about the front setback and the building coverage. Mr. Galvin explained that the board has its concerns and he recommends that the applicant bring the plans back to a professional have the calculations redone.

Motion by Mr. Wolfersberger second by Mr. Leonard to carry application #2008-13 to September 18, 2008 without notice.

In favor: Leonard, Wolfersberger, Reilly and Ardito

Application #2008-14 – Jude Delane & David Salsido – 50 Sanborn Avenue – Block 152; Lot 7; Applicant wishes to convert detached garage to a cabana. Applicant failed to notice and will be scheduled at a future date if waiver is secured.

Mr. Wolfersberger has stepped down for the following application and Mr. Leonard will be acting chairman in the following application.

Application #2008-21 – Steinfeld Properties, LLC (Gold’s Gym) – 107 River Avenue; Block 118; Lot 3.01; Applicant wishes to replace existing Chamber sign with new electronic sign.

Dennis Cantolli, attorney for applicant. Donald Ganocha, sign Salesman, sworn. Application entered Exhibits A-1, Sign plans, A-2 and Photo entered as A-3. Applicant stated the following:

A. The existing sign is 180 square feet. The proposed sign is 64 square feet. 14 feet high

B. The proposed sign will be lower in height than the existing sign.

C. The width of the sign will be 8 feet plus the addendum.

D. The sign will be used to announce community events and the advertisement of Chamber business.

Mr. Leonard stated that the sign cannot flash for the safety of traffic. It is located right after the bridge and you cannot have anything distracting the drivers. Dennis Cantoli stated that the current sign will be controlled by the Chamber but is located on the Gold’s Gym property. Dennis Cantoli stated that those conditions should be reflected in the resolution. Mr. Reilly inquired if the sign had the capabilities to be set up for emergencies; that would really benefit the community. Dennis Cantoli does not believe that had been discussed, but he said if the Police Department wanted to work with the Chamber on that it would not be a problem. Mr. Reilly stated that the availability to the Police Department for emergencies should be added as a condition. Mr. Kelly inquired if the Gold’s Gym portion of the sign would be electronic? (No) The content of the sign will be controlled by the Chamber.

No audience questions

Audience Comments

Judy Shay – 205 Curtis Avenue, sworn – I find these signs distracting and tacky for the towns entrance.

Yvette Santangello – Lives two houses away from this sign and is not in favor of it. I am concerned the sign will make the area look more commercial. How will you sell your house with this sign there?

Mr. Leonard questioned what the amount of light the sign will be giving off?

Mr. Ardito -inquired what the message turnover rate is? (8 seconds)

Mr. Reilly recommended 10 second intervals be a condition.

The Board found the following:

A. The Board found the existing Chamber sign to be in poor condition.

B. The new sign using modern technology will be much more attractive than the existing sign.

C. The Board was assured that the sign will not flash and will not be distractive to motorists.

D. The sign will be controlled from the Chamber’s office.

E. The Board found that the electronic message board will benefit the entire community by setting out important community messages.

F. 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.

G. The benefits of this proposal outweigh its detriments.


Mr. Leonard: Sign is smaller than existing sign. I was concerned about the impact on the neighbors and the people coming over the bridge. I was concerned over flashing signs; I just want the intervals between messages limited. I do agree that alcohol and tobacco should not be advertised. Now that I have heard testimony I do not see the impact. In favor with stipulations.

Mr. Reilly – I think the Chamber should be commended. I think it is long overdue. I do think the repeat rate should be limited. I think it is a great proposal.

Steve Ardito – I like the fact that you are taking the old sign away. At least the focus will be on the LED. I do not think there will be negative effects on the neighbors. If we limit the turnover of messages it will appear not be flashing. Over all I am in favor.

Mr. Kelly – I like the idea of replacing the sign. My concern is the care of the sign. I would like to see the Chamber have control of the sign.

Motion by Mr. Reilly second by Mr. Ardito to approve application#2008-21 of Gold’s Gym with conditions

1. The sign dimension will be as shown on exhibit A-3 shown to the board at the time of the hearing. The location will remain as shown on the original site plan.

2. The message is to come up, be visible then cease and then a new message will be shown at a 10 second repeat rate.

3. The sign is not to advertise alcohol or tobacco.

4. The sign message will not scroll, blink, or flash, repetitively.

5. The message board will not be used as a television.

6. The use of the digital message board is to be controlled by the Chamber, which is to be insured by means of a sign easement. The sign easement is to be reviewed and approved by the Board’s Attorney.

7. The applicant agree that it and the owner will into enter into a developers agreement with the Borough of Point Pleasant Beach confirming that the chamber shall control the messages on the board from their offices, that the massage board may be used by the police or emergency services in the event of emergencies, and that there will be no advertisement of alcohol or tobacco.

Application #2007-12 – 615 Bay Avenue LLC; Applicant wishes to consolidate lots 6 & 7 and then subdivide entire property into two lots. On proposed lot 1.01 applicant wants to construct two new commercial buildings, on proposed lot 1.02, applicant wishes to construct 12 townhouses.

John Jackson, attorney for applicant. Applicant is seeking to put a commercial mixed use building on Bay Avenue and put 12 townhomes on property on Trenton Avenue which is essentially vacant. Applicant’s professional’s Tim Lurie the design engineer and Chris Rice the design architect. Gordon Gemma is our planner who will be here later.

This application is going to blend in perfectly with the surroundings. We do not believe that we will require a parking variance. Essentially we will require a variance for the third floor lofts which are the master bedroom.

Tim Lurie, professional engineer, credentials accepted. Tim Lurie, exhibit A-3 is an aerial photograph of the property. Basic character of area is General Commercial Zone. To east is antique store and pizzeria; north is the Valentine House and south is the High School. Exhibit A-4 is a colorized composite of the drainage plan. 28; 9 x 18 parking spaces are provided. Dumpster will be located in northeast corner of parking lot. Setback on Bay Avenue will be four (4) feet; setback on Trenton will be Eighteen (18) feet. The townhomes will be Sixty (60) by Forty (40) feet which will equal the equivalent of four (4) 2400 square foot home along Trenton Avenue. Mr. Savacool points out that the parking does not meet RSIS standards; so it is several parking spaces deficient. Drainage would be an underground recharge system. Mr. Ardito commented that the municipal lot is occupied by the high school students during the day; if they are expected to occupy the lots for their commercial buildings. Mr. Mc Glynn stated that there are plenty of spaces left for the businesses. Building coverage for the townhomes will be 37% with a front setback of fifteen (15). Height will be less than thirty-five (35) feet. Tim Lurie believes that the benefits of this project outweigh the detriments.

Mr. Leonard inquired why he would be better off if you tear down 2 homes next to me and build twelve (12) homes…John Jackson replied that it supports the GC area; it is a very active and busy place. Mr. Leonard believes adding more to that area just makes it more busy and active. Mr. Reilly inquired how much they are over on habitable attic space. Exhibit - A-5 entered – rendering of third floor for area analysis. Mr. Savacool said they have 539 sf. instead of 318 square feet allowed per ordinance. Mr. Wolfersberger inquired where the recreational space will be located for the kids. Mr. Jackson replied “You would like to see some amenities?” Mr. Wolfersberger replied he would like to see some open space. He also inquired if Taylor flooring was interested in remaining. (Yes)

John Jackson stated that both Bay and Trenton are County roads and they have received a letter stating that site triangles are not required from the Ocean County Planning Board. Applicant is seeking parking space waiver for 9 x 18 foot spaces instead of 10 by 20 foot. Drainage recharge system will be located under the parking lot and Tim Lurie assured the Board that the recharge system will remain functional and not get compacted. Storm system will serve both properties and will drain to ocean. Mr. Galvin suggested going with garbage cans instead of dumpster since town is responsible for garbage pickup; it would be difficult to navigate garbage truck in rear of condos for pick-up. Tim Lurie agreed to reorient dumpster to make it more efficient for pick-up.

John Jackson stated that the Positive and negative criteria will be covered by Mr. Gemma.
In addition to site plan approval we are looking for a minor subdivision to separate the two lots.

Brian Collis, ARA, sworn. Has appeared before, Sea Girt and Bradley Beach and is licensed in New Jersey. Credentials accepted. Exhibits A-6 – all four elevations of commercial buildings, A-7 – first floor of commercial building; A-8 second floor and attic of commercial building; A-9 colored rendering – commercial and residential building; A-10 – elevation of one 3-unit building; A-11 – floor plan of a 3 – unit structure; A-12 second floor of 3 – unit structure. A-13 – Third (3) floors; half story loft

Commercial buildings will be brick on the first story and stucco on the second floor to break up the long building. They will be more in the colonial style; Cedar impression shingles. Townhomes (condos) are more towards the seashore style.

Motion by Mr. Leonard, second by Mr. Ardito to carry application to September 18, 2008 without notice,
In favor: Leonard, Wolfersberger, Reilly, Ardito and Kelly

Meeting adjourned 10:07pm

Attest: Karen L. Mills, Clerk of the Board

Published October20, 2008 | Board of Adjustment Minutes | 676

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