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April 2, 2009

Minutes

The April 2, 2009 Special 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. Moberg, Mr. Wolfersberger, Mr. Palisi, Chairman Struncius, Mr. Leonard and Mr. Reilly Alternates: Reynolds, Ardito and Kelly

Motion by Mr. Reynolds, second by Mr. Moberg to memorialize the action and vote approving application#2009-01 of Joseph Miele with conditions.

In favor: Palisi, Reilly, Reynolds, Ardito and Kelly

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the action and vote approving application 2006-10 (3) of Anthony and Maureen Haddad with conditions.

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


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.

This is a continuation of the December 4, 2008 meeting. Bill Reilly has stepped down from this application.

John J. Jackson attorney for the applicant. Roger McLaughlin attorney for the objectors.
John Jackson stated there was a zoning map from 1978 which shows the applicants property being located in the MC Zone. Then in 1990 the Land Use plan had a recommendation to place the Beach front in the RC zone. It changes 19-08.4 which states no building east of the Boardwalk.


Exhibits Entered:

O – for Objector
A – for Applicant

A-13 Copy of Newspaper Article – 7/7/1949
A-14 Survey 1/22/2004


O-1 Ordinance 1980-12 of the Borough Of Point Pleasant Beach
O-2 CAFRA Environmental Impact Statement for Harborhead
O-3 Figure 3 – Aerial Photographs, from CAFRA EIS (Ex. O-2)
O-4 Figure 4 – Site Conditions Map, from CAFRA EIS (Ex. O-2)
O-5 Page 4 of CAFRA EIS (Ex. O-2)
O-6 Final Plat of Major Site Plan, Harborhead, prepared by Ernst, Ernst, & Lisendon, dated March, 1980
O-7 NJDEP Violation Notice dated July 7, 1997, addressed to Jenkinson’s Pavilion, re:Block 180, Lo 3

O-8 Consolidation & Resubdivision Plan 3/28/80
O-9 Resolution of Subdivision – 1980-25 6/9/1980
O-10 Copy of liquor license transfer

Roger McLaughlin, opening statement.

The applicant is looking to be a pre-existing non-conformity. The applicant wants the board to rule that the whole beach is at their disposal to do with what they wish. Roger McLaughlin stated that the burden of proof is solely placed on the applicant. Evidence must show exactly what the use was at the time the regulations were adopted that prohibited that use. Applicant must show that it was a continuous use. Even if the applicant proves the use the applicant must be limited to the use that they had at that time. The use could not be expanded from the restaurant into a banquet Hall. The use is limited to what it was when it was established. He will call residents of Harborhead that have been there since the beginning. The witnesses will testify to what the use of the North Pavilion was in the early 1980’s and what it has become. Second part of the case will be the testimony of John Maczuga, Engineer.

Witness’

Lucille Buonocore – stated she lives at 13 Harborhead drive. She has owned the condo since 1982 but has only lived there the last six years. She is the first unit next to the pool; she has a direct line of site to the Pavilion. The Pavilion was just a hotdog stand in 1982 that closed by 6pm. Beer and soda was served. She stated for the first couple of years it operated as a hotdog stand then in the late 1990’s they started having a band on Sunday afternoons from approximately 3pm till 7pm; then they started having small parties, but in the last three or four years they have been having multiple weddings and sweet sixteen parties. Sometimes there are two or three hundred people; they had a beer party that had five or six hundred people.

Brenda Werner – stated she resides in unit #21, which faces the beach. It is utilized as a vacation home. She stated her son worked there in the early 80’s; at the time it was a very low key place to grab a hotdog and a beer. The Pavilion opened when the beach opened and closed when the beach closed. She stated that there was no decking on the beach. In the mid to late 80’s the parties started. The whole atmosphere changed; it got loud and there were hundreds of people. She stated that on a Saturday there are two weddings. She stated that she has no knowledge of what occurred in the 50’s and 60’s.

Dale McMullen –She stated she owns unit #6. It is located on the upper level directly across from Jenkinson’s North. She has owned it since 1996. She comes down at the end of June through Labor Day. When they first bought the unit the Pavilion was closed by five or six o’clock. It was very quiet; the Pavilion had a little decking that was utilized for lunch. There was very appropriate beach music. The activities have changed dramatically; first couples of years were not that bad and then around 2000 the deck started expanding and they added more tables. There was a wedding here and there, now the weddings are four times a weekend. The decking used to be removed; the deck on the beach has expanded and does not get removed. When the parties take place we cannot even talk to the person next to us on our deck.

Dennis Omahen – He purchased unit #24 in 1999. His wife and children spend the summer at Harborhead. In 1999 the North Pavilion was a restaurant and bar; there was some decking. The facilities were for the patrons; there was some low key music for the patrons. There were not any parties going on; it has expanded into a commercial entity with DJ’s and MC’s with multiple events occurring. The majority of the events go into the evenings. He is not clear on how much decking was there.

John Maczuga, Professional Planner/Engineer – There was an issue on what capacity he would be testifying in. It was determined he would testify as a licensed Professional Planner. 1991- 2003 he was a principal with Bay Point engineering who was the Borough Engineer; at that time he had prepared a number of Borough Ordinances. Prior to that he was a principal with Ernst, Ernst and Lisendon, who was hired to prepare the site plan for the Harborhead project. He had testified as a Planning expert for the Harborhead project. June 9, 1980 the Planning Board approved the Harborhead project. Reference to exhibit 0-8, 0-9 and 0-10.

As of April 15, 1980 there was ordinance passed that prohibited building east of the boardwalk. Jay Reynolds questioned the validity of the ordinance 1980-12, due to the fact that the copy presented was the first reading. John Maczuga stated the applicant remained in the RR zone until the passage of ordinance 1993-26 in December 15, 1993; that made several zoning changes to the subject property.

Mr. Maczuga Referred to exhibit O-3 – aerial photo dated 1980. He stated that the property was the same as the property in 1979. Building located on Lot three was a one-story Pavilion surrounded by decking. His recollection was that the Pavilion was utilized as a concession stand. In Mr. Maczuga’s report the specifics referenced pertained to land use. There was no information documented in the report as to what was served, what the hours were and what was occurring on the property. His references were strictly kept to land use. He also stated that at the time of the report that it very well could have been off season, he could not recollect what time of year it was.
Mr. Maczuga states that the building today is the same footprint but there are other substantial differences. He believes that decking has been added and the use is much more intense now. Mr. Maczuga does not believe that the applicant ever received approvals to encompass the modifications that have been made since 1980.

Mr. Wolfersberger stated that he recollects a stand up bar at the North and South end. They served beer…period. Mr. Reynolds stated that in 1976 he knows that there was a bar.

Mr. McLaughlin states that the first liquor licenses was transferred May 1, 1979. He believes the question is the non-conforming use and non-conforming structure. The objectors believe that it should operate as a restaurant and bar but the use should not be operated outside of the Pavilion and on the beach. They believe additional decking was attached to the Pavilion without the benefit of permits and variances.




Motion by Bill Leonard second by Leroy Kelly to carry application to May 7, 2009 without notice.

Meeting adjourned – 10:45pm

Attest: Karen L. Mills, Clerk of the Board


Published May12, 2009 | Board of Adjustment Minutes | 801


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