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February 4, 2010

Minutes

The February 4, 2010 Special meeting of the Board of Adjustment opened at 7:32pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Palisi, Struncius, Reilly, Spader and Kelly Alternates: 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 December 17, 2009 meeting

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

Charles Surmonte, Licensed Professional surveyor. Hired by applicant to update site plan; Referred to A-5. Exhibit entered as A-30 prepared by Charles Surmonte. Existing building and proposed building have exact same footprint. Front face of building is 76 feet. North of building the walkway is 13 feet wide, south walkway is 10 feet way. Rear deck at same elevation of restaurant is 35 by 95 feet. That structure sits on lot three (3). Roof is identical; only change (A-27) is corner of building will have a more appropriate entrance. Ron Gasorowski stated that if the application is approved there will be no change to the building or size of the deck. Temporary deck located on beach where Father Alfonse holds his concerts which is located on lot 2 and 3. Site plan entered as O-12.Roger McLaughlin questioned if the survey was prepared showing how the property complies with the zoning requirements schedule. Charles Surmonte replied that he did not. Roger McLaughlin inquired if the temporary decking lying on lot 2 directly on the beach could pose a hazard? (Charles Surmonte stated that he had not thought about that; but yes if a storm hits)

Ray Savacool’s letter dated December 18, 2009 written to Mr. Jackson entered as O-13. Roger McLaughlin asked Charles Surmonte to review letter. Property sits in RC zone and there is an easement that sits on the North side of Harbor head. All dimensions are located on Sheet 2. Building design and materials questions were deferred to architect. Mr. Wolfersberger questioned the acceptance of both structures as being pre-existing? Mr. Galvin explained that the applicant is trying to get an approval of an expansion of a non-conforming use.


RG – Ron Gasorowski RM – Roger McLaughlin GG – Gordon Gemma


Gordon Gemma, Professional Planner, credentials an accepted. The zoning officer has stated that the decking on the beach is an expansion of a pre-existing non- conforming use. Ron Gasorowski inquired how the deck is utilized with existing use. Gordon Gemma stated that the deck is used as an adjunct to existing use; Gordon Gemma believes it is an expansion of a non-permitted structure. His opinion is that it is more of a “C” variance than a “D” variance. Gordon stated that for a “D” variance the applicant must make a showing of neg /pos criteria and give special reasons and show why the property is uniquely suited. Ray Savacool questioned if Gordon Gemma thought there is a difference from Boardwalk use and a Wedding Use. Reference to the Sanitary Code they are under the same use. Ray Savacool referenced the parking as far as the wedding patrons taking parking away from the people parking for the Boardwalk? Gordon Gemma said the people that park utilize all aspects of the boardwalk. You do not know if they just patronize the one Restaurant; they might leave and walk down the Boardwalk. Ron Gasorowski questioned if there is anything in the ordinance that prohibits a restaurant from having a dance floor and music? Gordon Gemma replied that there isn’t anything prohibiting it. RG inquired if the beach deck impeded anyone’s view of the ocean from the boardwalk. GG – No RG – Inquired about the negative criteria. GG – Aesthetic improvements alone are enough to justify a “use’ variance. Neg criteria – The applicant’s noise expert stated that use met the noise requirements. RG – questioned if the majority of the concerns were in relation to the music. GG – Yes RG – Isn’t it true that the applicant agreed to restrictions when renewing their liquor license as far as the hours of operation and the type of instruments that are played. . GG – Yes RG – The residents of Harbor Head chose the dates of noise testing and were present at the time. GG – Yes

Roger McLaughlin questioned Gordon Gemma in reference to his testimony.

Ron Gasorowski – Document entered as A-31 – document states number of employees and hours worked. Examined plans for proposed building bathroom facilities - 4 stalls and 1 handicapped facility for women and 4 ( 2 urinals and 2 stalls) for men.

Dennis Galvin had a few questions about the use and required parking and how the applicant is determining they were not creating a use for more parking. Dennis Galvin wanted to confirm that the area in the designated post and rope area is the only area designated for the functions. RS said there will not be any additional tables added to the area. RS marked A-30 – shows existing post and rope – that is the area the applicant is looking for approval. Mr. Wolfersberger wants to know the exact area that is designated (dimensions). Mr. Palisi inquired if that is all they are looking for or are they going to want tents? RG – stated that Dennis Galvin is absolutely right and he will have the exact dimensions for the next meeting. Mr. Spader inquired why the temporary decking was not removed this year. RG stated that they will have an answer at the next meeting. Mr. Spader also inquired why the deck isn’t secured in case of a storm. Dennis Galvin replied that securing the deck is one of the conditions if the application is granted. Mr. Spader stated that it should be secured like Father Alfonse’s stage; he believes safety should come first. Mr. Ardito questioned if the decking will have a capacity limit? (Yes) Chairman Struncius questioned if the number (280) meant seats or people. Ron Gasorowski stated they will have all the answers at the next meeting.


Motion by Mr. Reynolds second Mr. Ardito by to carry application #2008-20 to May 6, 2010 without notice.

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


Meeting adjourned at 10:20pm


Attest: Karen L. Mills, Clerk of the Board


Published March24, 2010 | Board of Adjustment Minutes | 982


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