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May 7, 2009


The May 7, 2009 Special Meeting of the Board of Adjustment opened at 7:35 pm. The clerk read the notice of compliance with the “Open public meetings act.” Present were Board members: Mr. Moberg, Mr. Spader, Chairman Struncius and Mr. Reilly Alternates - Mr. Reynolds, Mr. Ardito and Kelly

Motion by Mr. Reilly and second by Mr. Reynolds to memorialize the April, 2 2009 minutes
In favor: Reynolds, Reilly, Struncius Ardito and Kelly

Application #2009-08 – Gerard and Barbara Dervan, Block 160; Lot 3 – Applicant wishes to install an in ground swimming pool.
Applicants Gerard and Barbara Dervan, sworn. If home was located in the SF5 zone it would comply. The home is located n the LC zone which does not allow pools as an accessory use.
Audience questions comments
Mrs. Kaisei, St. Louis – Questioned issue with pool runoff.

Mr. Spader – I have visited the site and I have no problem with this.
Mr. Moberg – It will have no negative impact on the residents in the area. If it was a SF5 home they would not be here.
Mr. Reilly – It is set up as a residential area. I see no problem with it.
1. Recharge pit is to be installed and reviewed by the Board’s Engineer.
2. Pool is to be located as shown on the plans submitted.
3. Pool is to utilize salt water as described to the Board at the time of the hearing.
Motion by Mr. Reilly, second by Mr. Reynolds to approve application #2009-08 with conditions.

In favor: Spader, Reynolds, Reilly, Struncius, Moberg, Ardito and Kelly
Opposed: None
Application approved with conditions
Let the record reflect that Mr. Reilly has stepped down 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.
Carried without notice
John J. Jackson, attorney for applicant. Ron Gasorowski, attorney for applicant. Roger McLaughlin, attorney for the objectors. Ron Gasorowski will handle the cross examination.

Mr. Galvin wanted to clarify that the Board is just considering whether this is a preexisting non-conforming use at this time. The interpretation will be made first and if they proceed after that they will take testimony on if there is a negative impact.
Mr. Gasorowski proceeded with his cross examination of John Maczuga Professional Planner.
Exhibit A-15 - Aerial Photo Circa 1963
Exhibit A-16 – 1956 Aerial
In the following minutes:
RG – Ron Gasorowski
JM – John Maczuga
Ron Gasorowski questioned if the property was zoned Marine Commercial in the early 1970’s (yes). Jenkinson’s North (Previously known as the Inlet Cafe) was a low key concession stand. (Yes). JM was asked if he remembers seeing tables on the beach. (No) Questioned if when looking at A-15 if he sees the tables. (Not sure what it is). Referring to Exhibit A-16 – RG questioned JM if he saw tables on that photo (Not sure what they are and believes whatever it is is not on the property in question). RG refers to environmental Impact statement and the referral to Trend Homes being in charge of subject property. Trend Homes used subject property in calculations to secure the density for Trend Homes when that was not the case. RG stated that Trend Homes told CAFRA they would control the Open Space when that was untrue. RG stated that the operation on subject property was permitted at that time. (Yes) JM said he does not recollect what was exactly operating there at that time. JM stated that the Inlet Café could serve alcohol but he did not know what the Storino’s intent was on the operation.

RG asked JM to review O-8 (Easement agreement). Reviewed document where it states “Jenkinson’s should have exclusive rights with no limitations with fullest utilization of easement”. McLaughlin objected since this information was not previously discussed. RG questioned that in 30 years have any of the residents of Harbor Head ever complained about subject property to him. (Not aware) John Maczuga stated that he was the defacto Planner of Point Pleasant Beach from 1991 – 2003. JM stated that in the twelve (12) year period of time he served as defacto Planner that he does not recall complaints. RG referred to Exhibit A-18 - Elaine’s Petrillo’s letter to Jenkinson’s dated January 3, 2008. RG questioned if increasing your business is a zoning violation. (Yes – in Point Beach) RG stated that the letter specifies site – plan review due to the increase in business, not a violation. RG questioned JM in reference to his knowledge of decibels.
Roger McLaughlin posed some questions for clarity of John Maczuga. Questioned the easement: CAFRA regulations of development and the beach area were used as part of Open Space calculations for the density of Trend Homes. Roger McLaughlin stated that in 2002 this board rendered a ruling to renovate this structure but not expand. (JM concurred)
RM asked if JM had searched through all the municipal records for documentation about this property. (No)
Mr. Moberg stated that looking at exhibits A-15 and A-16, he realizes that the parking lot is empty and that there is snow fencing, so he is figuring that the aerial was taken in the winter and if they are picnic tables (in the aerial) they might be seasonal and removed in the winter. He inquired if John Maczuga would agree with that. (Yes, but that does not mean the use was that intense as it is now).

Mr. Spader inquired in reference to picture number five; “Is the tent in the picture on a platform? Is interested to know what goes on in the tents. John Jackson said he will address that at the nest meeting. (Not sure at this time)
Chairman Struncius wanted to clarify that in 1979 it was the “MC” zone and this was a permitted use and then in 1980 the zone was changed to “RR” where building east of the Boardwalk was prohibited. (Yes)
Chairman Struncius clarified that John Maczuga was referring to the “Elevated deck” when referring to increased decking. (Yes)
Motion by Mr. Reynolds second by Mr. Ardito to carry application #2008-20 to September 17, 2009 without notice.
In favor: Spader, Reynolds, Struncius, Moberg, Ardito and Kelly
Oppose: None

Meeting adjourned at 10:17pm.

Attest: Karen L. Mills, Clerk of the Board

Published June19, 2009 | Board of Adjustment Minutes | 818

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