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March 4, 2010


The March 4, 2010 Special meeting of the Board of Adjustment opened at 7:43pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Leonard, Palisi, Struncius and Kelly Alternates: Ardito

Application #2010-07 Cosimo/Teresa Santoro 136 Ocean Avenue -Applicant has approval in Resolution 2002-25 to operate a delicatessen and butcher shop. Applicant would like to add pizza ovens to operation.

Steve A. Pardes, attorney for applicant. Teresa Santoro, applicant sworn. Applicant stated that the structure itself will not change; In addition to hot food and deli they would like to add pizza. It will be a family business.

Chairman Struncius inquired why there is no site plan since it is a business which requires parking and garbage pickup. Steve Pardes replied it has always had a commercial use that the last variance was more about occupation of upstairs apartment.

Reviewed Engineering report / Applicant stated -

1. The second floor apartment will never be rented and there is a recorded deed restriction.
2. Everything is the same as previous approval they are just looking to add a pizza oven.
3. One garage space is utilized by the rear tenant; the rest are used by the family.
4. Signage will comply with ordinance.
5. Deliveries will remain the same.
6. Calculates pizza being about 25% of business.
7. Applicant stated three parking spaces will be for customers.
8. Three stools will remain at counter for customers
9. Applicant is anticipating more foot traffic
10. Applicant will open for the summer and see how business is. She is not sure if they will be open year round.
11. Ventilation will be installed to code and vent in the rear.

Dennis Galvin stated that having people sit to eat will change the use. Mr. Palisi stated that the board likes to deal in facts so he said the applicant should lay out everything that she wants. Mr. Ardito said they would like to be able to consider everything that she wants. Mr. Galvin said the nature of the business changes from Deli to Restaurant when you start adding tables and that affects the parking requirement. Ray Savacool stated the under the zoning requirements that for every 4 seats there is a requirement to have one parking space.

Site Survey entered as Exhibit A-3.

Allison Coffin Professional Planner, sworn. Allison Coffin stated that the applicant is looking to modify previous approval by adding a pizza oven. Lot is significantly non-conforming; there is no bulk variances created because of this application. All changes are internal. There will be no detriment to the surrounding area with approval of the application.

Mr. Palisi questioned if the pizza delivery would have an impact on the area; Allison Coffin replied that she did not believe it would impact it any more than delivering for a Deli. Mr. Palisi said that trying to deliver Pizza on July 4th weekend would be a nightmare. Mr. Wolfersberger stated that he did not believe that one more car among 7,000 would not make a difference. Steve Pardes stated that condition could be added that no franchise would be allowed.


Mr. Leonard Pizza limited to one oven; does not believe one pizza oven will overwhelm neighborhood. In favor.

Mr. Palisi Tough spot to be successful in. Does not believe one pizza oven will have impact on area. Believes it is a nice addition to the neighborhood and wishes the applicant well.

Mr. Wolfersberger - has no problem with the application with the conditions; and hopes the business expands past the season.

Mr. Ardito Agrees with everything that has been said and hopes that they get a lot of foot traffic. In favor.

Motion by Mr. Leonard, second by Mr. Palisi to approve application #2010-07 with conditions.

In favor: Wolfersberger, Leonard, Palisi, Struncius, Kelly and Ardito.


1. 3 parking spaces are to be provided 1 for delivery car and 2 for patrons
2. Previous resolution is in full force.
3. Hours of operation are 9am till 10pm
4. Seating will be limited to 5 seats/ No restaurant use
5. The business is limited to one 2 door pizza oven.

Meeting adjourned at 8:51pm

Attest: Karen L. Mills, Clerk of the Board

Published April05, 2010 | Board of Adjustment Minutes | 993

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