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September 17, 2009


The September 17, 2009 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. Spader and Mr. Leonard Alternates: Mr. Reynolds, Mr. Ardito and Mr. Kelly

Motion by Mr. Leonard and second by Mr. Reynolds to nominate Jim Wolfersberger as acting chair.

In favor: Spader, Kelly, Leonard, Reynolds and Ardito

Motion by Mr. Spader and second by Mr. Kelly to memorialize the minutes of the August 20, 2009 BOA meeting.

In favor: Spader, Kelly, Leonard, Wolfersberger and Ardito
Opposed: None

Letter from John Christoudias requesting an extension of time to demolish his hotel. Steven A. Pardes, attorney. Applicant has had difficulty acquiring financing for the project. He now has a commitment from a financial institution but needs a little for time to secure. Applicant is requesting a 60 day extension. Mr. Christoudias will have one person residing in the motel for security.

Motion by Mr. Leonard, second by Mr. Reynolds to grant a thirty (30) day extension to application #2008-03 of John Christoudias.

In favor: Leonard, Kelly, Leonard, Wolfersberger, Reynolds and Ardito
Opposed: None

Application #2008-34 – James Finlay – 417 Washington Avenue – Block 24; Lot 9 – Applicant did construct a 10’ by 16’ storage shed and wishes it to remain.

Applicant’s notice was deficient (failure to properly notify residents on 200 foot list)

Application #2009-15 Bruce J. Palmer – 7 Water Street – Block 120; Lot 17.05 – Applicant wishes to demolish existing single family dwelling and construct a new two-story single family dwelling.

Steven A. Pardes, attorney for applicant. This application is a use and we would like to present the application but reserve the right to postpone the vote until we have seven (7) voting members. John Palmer, applicant, sworn. Subject property has been in the family for 25 years. Home has never been rented. Solely used as a getaway home. Applicant wishes to raise home and construct a new home. Existing home is falling apart. Roof of home is only held by 2 by 4’s; Windows are sagging. Pictures entered: P3A- Side of home (tight crawl space) P3Band P3C – similar pictures depicting – columns under the home, 24 inch on center (they are imploding). P3D and P3E – Showing roof and electrical box. Applicant discussed placement of home and mechanicals and impact on neighbors. A-4B -picture showing stairs(4)A-4C – Shows Water Street and the homes that are already 2- stories, A-4D. John Palmer stated that the home will not be used as a rental.

Mr. Kelly inquired how many bedrooms? (3) New home (4). Mr. Leonard inquired the distance from neighboring homes? Ten (10) feet. Mr. Leonard has concerns about putting a two-story home on a 2,000 square foot lot. Mr. Ardito inquired about the pitch of the roof and inquired if the applicant could go to a lower pitch roof? (Yes) Mr. Spader questioned if the applicant thought the area was congested? (Yes)Mr. Wolfersberger commented that the applicant is starting out brand new and believes the applicant should meet the building coverage requirements. Mr. Leonard inquired if they had considered recessing the second floor? Mr. Spader asked if they had considered a 1 ˝ stories? Mr. Spader feels they are trying to do too much with a small piece of property. The applicant feels there are a number of homes in his area that he is in line with. The applicant stated that he is willing to reduce the roof line.

Frank Barbuto, Water Street – He is a neighbor and he would like to see improvements on the Street instead of an old bungalow.

Motion by Mr. Leonard, second by Mr. Reynolds to carry application #2009-15 to November 5, 2009 without notice.

In favor: Spader Leonard, Kelly, Wolfersberger, Reynolds and Ardito.

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.

Application carried without notice from the May 7, 2009 meeting

John J. Jackson, attorney for applicant. Overlapping issues in this case; Non-conforming use and expansion of use. Concerns of the Board are the applicant is utilizing entire beach for activities. He proposes to proceed with the site plan application and this might resolve other issues. Roger McLaughlin, states the problem that he has is that there are issues that might require further approvals and has a problem with melding it all together.

Lieutenant Harry DiCorcia stated that during the course of the summer there were three (3) noise complaints. 1st complaint was prior to 10pm, warning was issued, 2nd unfounded and the 3rd they changed the direction of the speakers.

Gordon Gemma, Professional Planner, sworn. Gordon Gemma described the site in question and what a pre-existing non-conforming conditional use is. The issue here is when was it permitted and when it wasn’t. In 1980 the property was in the RC zone then in 1991 the zone was changed to the MC zone. The question would be was the use ever abandoned or was the use standard. For a use to be abandoned there would have to be intent by the land user not to utilize the use for a period of time. Gordon Gemma stated that no use has ever been abandoned by the landowner. Prior to 1993 there was use of the facility and use of the beach. Gordon Gemma stated that pursuant to ordinance that a restaurant is permitted as long as the operation of the restaurant does not affect off street parking. The objection from the objectors does not reference parking it references noise. The applicant has conceded that the restaurant and the bar are permitted uses. Gordon Gemma states the uses permitted in NJ administrative code 12:56-14.01A defines a restaurant as any place that provides drinking and eating for human consumption either in or at any of its premises in the form of catering, box lunch banquet or curb side. Referring to Elaine Petrillo’s letter in reference to the expansion of use to the catering; Catering is permitted. John Jackson then inquired if the decks and structures predated the ordinance then they should be permitted? Gordon Gemma replied that they should. John Jackson inquired then do the activities (banquets/catering) occurring on the beach fall into this category and Gordon Gemma replied that it does.

Roger McLaughlin questioned Gordon Gemma. He asked Gordon Gemma if he thought the enlarged aerial of the beach had picnic tables. Gordon stated that he cannot tell what they are from A-4 but there was much more testimony beside the picture to lead him to believe what activities took place on the beach. Roger Mc Laughlin then asked if the applicant put decks, dance floors, lights, tables, loud speakers on the beach if Gordon Gemma believed they would be permitted. Gordon replied that some of those items are not prohibited. Gordon Gemma inquired if they are temporary structures. He stated that you have to look at the language of the ordinance to see what is and is not or was not permitted. He believes that these activities were taking place historically.

Motion by Mr. Leonard second by Mr. Ardito to carry application to November 5, 2009 without notice

In favor: Spader, Leonard, Kelly, Wolfersberger, Reynolds and Ardito
Opposed: None

Meeting adjourned 10:35PM

Attest: Karen L. Mills, Clerk of the Board

Published October20, 2009 | Board of Adjustment Minutes | 885

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