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December 17, 2009


The December 17, 2009 Special Meeting of the Board of Adjustment opened at 7:50pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Mr. Wolfersberger, Mr. Palisi, Mr. Struncius, Mr. Spader, Mr. Reilly and Mr. Kelly Alternates: Mr. Reynolds and Mr. Ardito

Memorialization of December 7, 2009 minutes – Motion by Mr. Reilly, second by Mr. Wolfersberger to memorialize the December 7, 2009 minutes.

In favor: Wolfersberger, Spader, Struncius, Reilly, Reynolds and Ardito

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the action and vote approving application #2009=15 of Bruce Palmer with conditions

In favor: Struncius, Reilly, Kelly and Reynolds

Motion by Mr. Reilly, second by Mr. Reynolds to memorialize the action and vote denying application #2008-33 of Robert and Allison Ingenito.

In favor: Wolfersberger, Spader, Struncius, Reilly, Kelly, Reynolds and Ardito

Vice-Chairman Mike Palisi arrived at 8pm.

Let the record reflect that Mr. Reilly has stepped down from the following application.

Mr. Palisi has signed a certification that he is up to date on prior meetings making him eligible to vote this evening.

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 September 17, 2009 meeting

Ron Gasorowski is lead attorney for Jenkinson’s this evening.

Exhibits entered:

A-21 – Memorandum of Understanding signed in 2008 by Harborhead and the applicant.
A-22 – Borough resolution approving Jenkinson’s 2009 Liquor license
A-23 – 2008 Approval by Mayor and Council approving liquor license
A-24 – CMX
A-25- Mounted Photographs (6) of existing structure
A-26 – Elevations of proposed structure
A-27 – Colored rendering

Roger McLaughlin objects to A-5 (Proposed fence plan) being utilized as a site plan. Ray Savacool responds to objection.

Mr. Wolfersberger is not concerned with landscaping and drainage, I am just concerned with the placement of buildings.

Dennis Galvin explained the Board’s options. He recommended letting the applicant move forward and decide the site-plan issue later.

Gary Lapore, BA Architecture, Registered Architect, BA fine Arts and a Masters in Architecture, 13 Architectural stamps in 13 different states. Gary Lapore reviewed and explained pictures mounted on Exhibit A-25. Gary Lapore explained what an “elevation” is as referenced on exhibit A-26.

Gary Lapore went over the elevations explaining how they have redesigned the building to help cut down on the noise to Harborhead. The foot print is the same; Natural elements and materials have been utilized. There is now only one single garage opening located on the Southwest side of the structure. Mr. Ardito inquired about the relationship of the garage door in regards to Harborhead. Gary Lapore stated that the garage door is located directly across from the Sweet Shop. The door located closest to harbor Head is the door to the storage room. Gary Lapore stated that the public eating and drinking was moved to the furthest southern location.

Roger McLaughlin inquired if Gary Lapore had designed other facilities with a garage door opening in a residential area. Gary Lapore replied that he had in numerous locations. Roger McLaughlin went on to question about the other aspects of the structure. Ron Gasorowski inquired that “aren’t most commercial structures located on the ocean designed with an open floor plan to enjoy the ocean atmosphere?” Gary Lapore replied that yes, they are designed that way to enjoy the views and the ocean breeze.

Alexander Litwornia, noise and sound expert, sworn. Professional engineer in New Jersey, Florida, and New York. Experienced in Traffic, transportation and environmental planning. Prior Construction Engineer for Burlington County. Qualifications - Certified as a noise expert by NJ Dept of Environmental Protection at Rutgers.

Al Litwornia’s explanation of noise is “Unwanted sound”. Allowable sound - 65 decibels from 7 in the morning until 10 at night; 50 decibels from 10 at night until 7 in the morning. Previously gave testimony in 2008 before Mayor and Council. Al Litwornia stated that he was employed to run sound test at the Boardwalk. Mr. Wolfersberger inquired if the music was playing at the time of testing. (Yes – there was a wedding occurring) Al Litwornia stated the following facts:

a. He ran two tests during the summer at the Direction of Mayor and Council.
b. The testing dates were chosen by the objectors.
c. At the time of testing there were 2 police Officers present.
d. At the time of testing Jenkinson’s was not violating the noise ordinance.
e. The applicant has installed equipment that regulates the noise level of the music.
f. Infinity systems came from Florida to install the sound system.
g. Only people with a security code can access the system to change the volume.
h. The machine is called a “Limiter”.
i. The dates of testing were chosen by the objectors

RM – Roger McLaughlin
AL – Al Litwornia
RG – Ron Gasorowski

Roger McLaughlin inquired if a solid wall would reduce the sound more so then a garage door? AL replied - To a degree but I do not know if it would make a substantial difference. A considerable amount of the noise is coming from the Boardwalk traffic; that noise can be louder than the people sitting inside the structure. RM – Inquired if the amount of people on the beach would increase the sound? AL – replied that people do generate noise but the sound that is measured and subject to violation is created by the audio system. Noise created by people talking is not governed by the DEP. AL - stated that never was there a violation with the people (approximately 250 in attendance) at the wedding. A discussion took place in reference to ambient sound (everyday noise). AL – also the noise is dependent on which way the wind is blowing. The surf can be loud if the wind is coming in from the east; it can appear quieter if the wind is blowing in from the west.

Motion by Mr. Reynolds, second by Mr. Wolfersberger to carry application #2008-20 to February 4, 2010 without notice.

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

Meeting adjourned at 10:55pm

Attest: Karen L. Mills, Clerk of the Board

Published February03, 2010 | Board of Adjustment Minutes | 952

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