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November 5, 2009


The November 5, 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, Mr. Palisi, Chairman Struncius, Mr. Reilly and Mr. Kelly Alternates: Mr. Reynolds and Mr. Ardito Absent: Bill Leonard and Amanda Mercuro

Extension #2008-03 – Harbor Lights- Steve Pardes appeared on behalf of Harbor Lights requesting an extension to demo to December 3, 2009.

Motion by Mr. Wolfersberger second by Mr. Reilly to approve extension of application #2008-03 to December 3, 2009.

In favor: Wolfersberger, Spader, Palisi Struncius, Reilly, Kelly and Reynolds
Opposed: None

Application #2009-18 – Robert A. Quintus - 412 Broadway – Block 161; lot 4.03 – Applicant wishes to extend existing first and second floor decks.

The Board had requested that Robert Quintus appear this evening prior to Memorialization of his resolution to present photos of the brackets and railings that will be used in construction. The board viewed and approved Photos labeled Exhibit “A” and exhibit “B”.

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize application #2009-28 with conditions.

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

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.
Carried from the September 17, 2009 without notice

Steve Pardes, attorney for applicant. Bruce Palmer, applicant stated that they have reduced the height of the home to 28.39 feet and moved the second story of the home back six (6) feet.
Exhibits entered – Photos labeled A-5 through A-15

Bruce Palmer stated that building coverage will be reduced from 56% to 53.5% and impervious will be reduced from 78% to 52.5%.

No audience questions or comments


Reynols – Considering the size of the lot and the safety upgrades. As the plan is right now I would be in favor.

Mr. Palisi – You are doing some good thing to help the neighbors on both sides. You have done enough to eliminate issues and it is a great upgrade. In favor.

Mr. Wolfersberger – I believe if you are building new you should build to code. This is a bungalow area. I would have to vote no.

Mr. Reilly – We are looking at three (3) variance – Height (D-6 variance), stories and building coverage. There are some compelling arguments – Improving the structure; improving the setbacks and reducing impervious coverage which will help the drainage. The family use is appealing but if it is going to be a rental I would not be in favor. I would like the covenant that it cannot be a rental property. I would then be inclined to vote in favor.

Mr. Struncius –The board gave direction and you came back and made a strong effort to consider and meet our concerns (height, setbacks, coverage). I would be in favor.

Mr. Spader – Last time I was pushing for a story and a half and unfortunately what I see here are the same two stories with a flattened out roof. I personally don’t like it too much.
I would not be in favor.

Motion by Mr. Reilly, second by Mr. Reynolds to approve application #2009-15 with conditions.


1. Cedar Impression siding
2. Deed restriction is required stipulating only to be owner occupied.

In favor: Palisi, Struncius, Reilly, Kelly and Reynolds
Opposed – Wolfersberger and Spader

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 from the September 17, 2009 without notice

John Jackson, attorney for applicant. Gordon Gemma, Professional Planner for applicant. Roger McLaughlin, attorney for objectors, continued with cross examination of Gordon Gemma. Roger McLaughlin inquired of Mr. Gemma if he was aware of the applicant ever applying for site plan approval before the Planning Board. Mr. Gemma replied that he was not aware of any application.
Mr. Galvin gives direction to the board about voting on the appeal. Mr. Jackson looked for clarification to make sure that the applicant was being deemed a pre-existing non-conforming use.

Dennis Galvin inquired if anyone on the Board had a doubt that it is a valid pre-existing use? (No reply) Wolfersberger said that as long as it is the structure that is even with the Boardwalk.

Motion by Mr. Wolfersberger to uphold the Zoning Officer’s ruling and proceed with use and site plan approval, then Mr. Palisi asked to add on to the motion that there has been a pre-conditioned use on this property; however, it necessitates, because of its expansion, site plan approval. Mr. Wolfersberger agrees if it moves this application along. Second by Mr. Kelly.

In favor: Wolfersberger, Spader, Palisi, Struncius, Kelly and Ardito.
Opposed: Reynolds

Mr. Jackson asked for the motion to be read back because he does not understand what exactly the motion was. He said the primary portion is that it is a prior non- conforming use. Chairman Struncius said that Mr. Palisi added those words. Dennis Galvin replied that the board found that the restaurant structure was there and they served hot dogs and beer and that Mr. Jackson should proceed with what activities go on for site plan approval.

Anthony Storino, applicant, described the different types of banquets that occur on the beach. He stated that they have had corporate parties, weddings and different types of beach parties for twenty years. The Storino’s have installed a specialty sound system which keeps the decibels at a certain level. The cosmetic upgrades that the applicant proposes are to help keep the sound away from the condos.
Tom Spader requested that the board get a copy of the restrictions council placed on the applicant’s liquor license. Mr. Jackson said he would get that information for the board.

Motion by Mr. Palisi second by Mr. Kelly to carry application #2008-20 to December 17, 2009 without notice.

Meeting adjourned at 10:50pm

Attest: Karen L. Mills, Clerk of the Board

Published December08, 2009 | Board of Adjustment Minutes | 905

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