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March 5, 2009


The March 5, 2009 Special meeting of the Board of Adjustment opened at 7:32pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Struncius, Palisi, Reilly Alternates: Reynolds, Ardito and Kelly
Motion by Mr. Leonard, second by Mr. Ardito to memorialize the minutes of February 5, 2009 meeting.
In favor: Wolfersberger, Leonard, Palisi, Reynolds, Ardito and Kelly
Opposed: None
Motion by Mr. Reilly, second by Mr. Ardito to memorialize the minutes of February 19th, 2009 meeting.
In favor: Wolfersberger, Struncius, Reilly, Ardito and Kelly
Opposed: None
Application #2009-01 – Joseph A. Miele – 66 Harvard Avenue; Block 131; Lot 3 – Applicant wishes to construct a three story single-family dwelling.
Carried without notice
Steven A. Pardes, attorney for applicant. Joe Miele has applied changes to his plans to comply with the board’s suggestions. Joe Miele, applicant, stated that he appreciated the Board’s criticism and believes the home is nicer now with the changes and is pleased. He now has a small reasonable deck in the rear of the home. He has made a modification to reduce impervious coverage under 50%. A/c units will be moved to the third floor and that will help with the building coverage. Joe Miele thanked the Board for their comments. James O’Brien, architect stated that there is much less open deck on the roof now and the a/c units will placed on the roof and be completely screened. The redesign has resulted in the elimination of a few variances. (Impervious coverage and side yard variance) Building coverage is now34.43%. Ray Savacool is still concerned with the enclosed space on the third floor; Ray Savacool stated that anything with a seven foot high clearance is habitable space. He believes that in the future they could bring up sheet rock and finish off the space. The architect gives his word that they will not do that.

No audience questions/comments

Mr. Reynolds – Thanks the applicant for taking into account their concerns. Not concerned with the habitable space, in favor.
Mr. Reilly – I will echo what Jay said. My inclination is to support this application.
Mr. Leonard – I appreciate that you closed off some openings but I still see this as a third story instead of habitable space and that is against the ordinance. I am not in favor.
Mr. Wolfersberger - I am not in favor or opposed. I will decide when the vote comes.
Mr. Palisi – I appreciate you coming in and I understand your frustration with the process. I think you have done an outstanding job in listening to us. I think the proposed application is now an outstanding addition to the town. With the mechanicals now being upstairs I believe the third floor space is now not habitable.
1. There will be no more than 500 square feet of finished space on third floor.
2. Siding will be a neutral color.(Mohawk)
3. Home will be built as described to board.

Motion by Mr. Reynolds second by Mr. Reilly to approve application #2009-01 with conditions.
In favor- Palisi, Reilly. Reynolds, Ardito and Kelly
Opposed – Wolfersberger and Leonard
Application approved with conditions

Application #2006-10 – (Tower Cottage) Anthony and Maureen Haddad, 203 Forman Avenue; Block 81; Lot 25 - Applicant is looking to amend previously approved application to add food service.
John J. Jackson, attorney for applicant. Applicant wants designation as a B & B and wants to be open yearly and serve meals. Applicant has come upon a statute (Breaker’s statute) that states that as long as there is one hotel opened yearly in a town that A class five county allows B & B’s to be opened yearly.
Allison Coffin, Professional Planner, credentials accepted. Building has been recently reinstated to have a historical facade. Clarified the difference between Rooming house and Bed and Breakfast Inn. Both uses permit short term lodging and serving of meals; Differences are deminimus. 2005 Master Plan review found Bed and Breakfast Inn’s to enhance the community and to be encouraged. Property has been historically used as a rooming house. Restoration is absolutely beautiful and there are no cooking accommodations in the rooms. She believes there is no detriment to the public. Bed and Breakfast is geared to the short term stay and will not result in any negative impact to the community. Serving a morning meal and afternoon tea to five (5) couples will have no impact to the surrounding community. She believes this meets the Medici standard of proof.
Jim Malone, Resident and President of the Point Pleasant Beach Historical Society. I think this is a wonderful historical building from the 1880’s that we can all be proud of. He believes that the only way that these businesses can survive would be with food service. The society thinks this is a wonderful project and supports it.
Anthony Haddad, applicant, sworn. Anthony Haddad states that the food shopping is done at Costco, Shop-Rite and Foodtown and does not anticipate large Sysco trucks making deliveries. Any deliveries would be small and the size of a milk truck. Anthony stated that there have only been a couple of bags of garbage. Garbage is kept in rear of building under the deck. Pictures of food entered Exhibits A-3, 4, 5& 6 Picture A- 7 is of Breakfast area. Pictures of the rooms - A-8, 9, 10 and 11. A-12 – picture of kitchen. One cooked Hot meal will be served for Brunch and then a High Tea in the afternoon. Cooking will be done on the owner’s kitchen.
John Gunn, Quality inspector of Bed and Breakfast Inn’s Association of New Jersey. Prior owner of a Bed and Breakfast in Avon. There are 80 members of the Association which require an inspection of the Inn’s every two years. The Tower Cottage has surpassed many requirements; it reflects a Historic theme and is very welcoming and has a “Wow” factor. Breakfast is a defining element of a Bed and Breakfast.
Audience Questions/Comments

Kathy Galinskie - She states that the Inn is a Class “A” rooming house which does not allow food service. She inquired what percent of the home are original materials. Mr. Haddad explained that the interior was replaced exactly as it was but needed to add new materials to bring it up to the safety codes required by the town. She also questioned what constitutes “High Tea”. (Tea, coffee, light pastries, fruit, cheese and crackers)
Greg Galinskie – There are a lot of differences to the area since this was originally built. We thought that food would not be served. I cannot monitor what he is serving. He did a nice job redoing the home but he did not have to have a Bed and Breakfast. I do not want to wake up early because of delivery trucks.
Bonnie Zimmer – Stated that previous issues were parking, serving food and having a commercial property in a residential neighborhood.
Mitch Winter – Questioned in the event that his is approved he worries that Commercial Kitchens might be required. (Not required)
John Mak, 211 Forman Avenue – Asked for types of food service clarification. (Brunch and High Tea)
Carol Vaccaro – I have been to the Cottage and the place is beautiful and a welcomed addition to the town.
Michael Cipolletti – I own 125 Trenton Avenue and my property is located in the rear of the Tower Cottage and there are no greasy smells and loud deliveries. There is no over flowing dumpster and I am the one who sees the back yard. There has been no noise.
1. No evening meals
2. One gourmet breakfast per guest is to be served up to noon and one light meal in the afternoon.
3. Deliveries to be of a residential nature, (UPS, milk delivery, water delivery) not to occur prior to 8am.
4. No massage or related services to be provided.
5. No expansion of kitchen; kitchen will not be upgraded to a commercial kitchen.
6. Applicant is to secure all required licenses

Mr. Leonard – He believes that the applicant thought food service was addressed at first variance. He also believes the applicant is honest with his representations. Mr. Leonard feels good about the application with added conditions.
Mr. Wolfersberger – The only concern he has is the commercial deliveries and since that has been addressed he is in favor with the conditions.
Mr. Reilly – I think this is a beautiful addition to the town. I am comfortable that we have answered the neighbors’ concerns. A good Bed and Breakfast is a valuable thing in a town. A B & B done well can attract a much nicer clientele than other businesses. In balance I am in support of this.
Mr. Palisi – Hopefully the conditions added will relieve some of the neighbor’s worries. This is a jewel. We want to attract the type of clientele that we feel good about.
Mr. Reynolds – I echo everything else that has been said. It is gorgeous opposed to a flop house. This is a tremendous asset to the town.
Mr. Ardito – Thank you for coming back with the Bed and Breakfast application opposed to the rooming house. Thank you to the neighbor’s with their concerns. I believe the conditions we laid out will make them a good neighbor. I will be in favor
Mr. Struncius – I believe this use is particularly suited to the area. Our Master plan encourages Bed and Breakfast. I do not think this affects what is there now. I do not see a huge negative impact on the public. Things have not been skimped on; the applicant did a nice job. We have added conditions to alleviate the neighbor’s concerns. I am in favor

Motion by Mr. Reilly to approve application #2006-10 with conditions, second by Mr. Ardito
In favor: Wolfersberger, Leonard, Palisi, Struncius, Reilly, Reynolds and Ardito
Opposed: none

Meeting Adjourned at 10:10pm

Attest: Karen L. Mills, Clerk of the Board

Published March20, 2009 | Board of Adjustment Minutes | 760

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