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December 4, 2008


The December 4, 2008 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: Mr. Wolfersberger, Mr. Struncius, Mr. Moberg, Mr. Leonard and Mr. Reilly Alternates: Mr. Reynolds, Mr. Ardito and Mr. Kelly

Motion by Mr. Wolfersberger, second by Mr. Leonard to memorialize the minutes of November 6, 2008

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

Motion by Mr. Wolfersberger, second by Mr. Reilly to memorialize the action and vote approving Application 2008-27 of Cynthia and Jeffrey Kells – 801 Long Point Lane; Block 118; Lot 21 with conditions.

In favor: Wolfersberger, Struncius, Reilly and Ardito
Opposed: None

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the action and vote approving application #2008-28 of R. Brett Madden – 815 Oak Terrace; Block 204; Lot 8 with conditions.

In favor: Wolfersberger, Struncius, Reilly, Reynolds and Ardito
Opposed: None

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the action and vote approving Application #2008-31 – John and Elaine Millar of 214 Curtis Avenue – Block 118; Lot 6 with conditions.

In favor: Wolfersberger, Struncius, Leonard, Reilly, Reynolds and Ardito
Opposed: None

Mr. Reilly excused himself from the following application.

Application #2008-20 – Jenkinson’s North – Beachfront - Block 180; Lot 2 & 3 – Applicant has installed “flooring” to the beach area adjacent to the building in order to hold banquet/reception type functions. Applicant is appealing the decision of the zoning officer. If the applicant’s bid for an appeal is denied, then the applicant will proceed with a request for a Certificate of a Prior Non-Conforming Use. If that bid is unsuccessful the applicant will proceed with the use variance application as well as site plan approval for the proposed renovations
John Jackson, attorney of applicant. His opening statement pointed towards the information he would produce to show that Jenkinson’s North has always been having “banquets” and picnic like activities on the beach prior to Zoning and is requesting a certificate of pre-existing non-conformity. The beach flooring is a temporary structure which can be removed. Pictures that will be introduced will show food being served on the beach prior to the introduction of zoning. Then we have a site plan with various upgrades. It will all be within the existing footprint and are cosmetic. The new upgrades will create a barrier between Harbor Head and the entertainment. He stated that when Pat Storino purchased the property in 1976 that it was the “MC” zone; after 1986 it is referenced as a “RC” zone.

Roger McLaughlin, attorney for objectors from Harbor Head condo’s. He debates use of easement.

Tim Lurie, Professional Engineer. Credentials: Masters from Stevens and has appeared before boards in Jackson, Springfield and Point Pleasant Beach. Credentials accepted

Exhibits entered

A-3 – Easement Agreement
A-4 – Aerial from Google Earth
A-5 – Proposed fence plan
A-6 – Historic Photo’s
A-7 – 1978 Ordinance Book
A-8 – 1980 Ordinance Book
A-9 – 1984 Ordinance Book
A-10 – 1986 Ordinance Book
A-11 – Picture’s (Booklet) of Jenkinson’s from Mrs. Orlo Jenkinson provided via Ed McGlynn
A=12 – Cafra settlement
Ed McGlynn, explained and clarified pictures entered in exhibit A-11.

Greg Moberg pointed out that in one of the articles it states that 40 picnic tables are located on the beach for the convenience of patrons. The Article is from The Courier News dated June 9, 1950.

John Tsauro, Sr. Testified as to the fact that in the 1970’s he catered a number of banquets on the beach.

Pasquale Storino, sworn. He testified to the prior banquets and activities that have occurred on the beach located at Jenkinson’s North.

Mr. McGlynn replied to questions asked by Roger McLaughlin in reference to the CAFRA settlement in relation to the decking on the beach.

Roger McLaughlin requested copies of CAFRA settlement from Ed McGlynn. Attorney’s not in agreement on this issue.

Anthony Storino, 313 Curtis Avenue, sworn, one of the principal owners of Jenkinson’s, involved with business since 1977.

Lee Kelly has questions as to the intensity of the use. John Jackson said being successful does not change the use. The business being seasonal in nature is always different in intensity but the use is the same.

Mr. Wolfersberger comments that for the occasional event he does not see “decking” in any pictures except for the pictures from 2007. He does not have anything visually documenting prior decking. Mr. Wolfersberger would like to see aerial’s depicting decking between 1972 and the present.

Chairman Struncius questions where we draw the line for the preexisting decking? John Jackson pointed out where the line of delineation will be drawn.

Steve Ardito stated it is hard to decide the preexisting area without concrete documentation.

Motion by Mr. Leonard second by Mr. Moberg to carry the application to March 5, 2009wihout notice.

In favor: Wolfersberger, Reynolds, Struncius, Moberg, Reynolds, Ardito and Kelly
Opposed: None

Meeting adjourned at 11:02 pm

Attest: Karen L. Mills, Clerk of the Board

Published January28, 2009 | Board of Adjustment Minutes | 726

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