Borough of Point Pleasant Beach April 4, 2019
The April 4, 2019 Special 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: Secretary Spader, Mr. Kelly, Vice Chair Reynolds, Mr. Dixon, Mr. Schneider, Mr. LePore, and Chairman Struncius
Absent – Davis, DePolo, Crasper and McGee
Also present – Karen Mills, Dennis Galvin and Ray Savacool
Court Reporter – Denise Sweet
Memorialize resolutions
2019-15 – Jenkinson’s – 604 Ocean Avenue – LK, JD, JR, HS, BL and BL
2019-13 – Neu Pas Homes – 117 Chicago Avenue – TS, LK, JR and HS
2019-06 – Ronald/Donna/Keren Teitelbaum – 101 New Jersey – TS, LK, JR, HS, BL and PS
Application #2019-21 – 2005 Route 35, LLC c/o Timothy Caughey – 2005 Route 35 – Block 11.02 Lot 12 & 14 – Applicant seeks to construct 17-unit multifamily luxury dwellings and retain existing building which contains a restaurant, an office and an apartment which requires a use and bulk variances.
John Jackson, attorney for applicant, reviewed application for 17 luxury condominium units. Buildings located on this corner are old and have not changed much over the years. Applicant seeks to make a mixed use development by keeping the existing restaurant.
Gregory Cox, professional architect, sworn, credentials accepted. Grey Cox reviewed the plans. South end of town located on Route 35 and Maryland Avenue. Located in AE flood zone – elevation 10 and Highway Commercial Zone. Referenced existing restaurant and office space. Existing building originally was a fish store built sometime in the late 1920’s. Power Point exhibit entered as A3. Reviewed approved uses for this zone – which includes nursing homes and storage facilities. No height variance required and no bulk variances for existing building. Dennis Galvin stated that you cannot say that conditions are compliant when the use is not permitted. John Jackson referred to page 8 of the power point presentation. Exhibit A-4 virtual animation entered – Presented animation of the project and what it would be like to drive and park under the building. The apartment over the restaurant is a three bedroom. Existing grade is elevation 4. Providing enough height for a handicap van – finish first floor elevation 15.5 feet with 9 foot ceilings. Secretary Spader questioned the roof top deck – sound travels – how high are the sloped roofs – (42 inches) surrounding area is protected from sound traveling out – it can only go up. Vice chair Reynolds stated you will be able to see people walking around on the deck. The roof top deck is 5,555 square feet – the deck will be centered and “L” shaped. There will be no vertical elements. Chairman Struncius inquired which comes first – the building or the units. How did you decide on 17 units? Greg Cox gave the explanation that they had a footprint and then laid out what they thought were marketable units. If they wanted to build something conforming (nursing home, storage unit, office building, bank, service station, department stores,etc.) they could take out the restaurant and build something much larger without a variance. Providing 56 on-site parking spaces
Audience questions
Mike Egan – 310 Maryland – questioned access to the property and where they will exit. Questioned the height – GC replied that if this had been a conforming office building that it could be higher. Questioned if there will be a pool. (No)
Thomas Burkhsrdt – 310 Maryland – Opdyke customers use that parking lot. Where will they park? That will be Opdyke’s concern.
Joanne Wilson – 310 Maryland – Will they be apartments or condos (Condos)
Janet Sanfillipo – 310 Maryland Avenue -will parking spaces be designated for restaurants and condos. (Yes)
Tim Lurie, Professional Engineer, sworn, credentials accepted, reviewed site plan. Lot 12- Urban kitchen- Lot 14 Parking lot. Rear of lot 14 has exit – rear of Urban Kitchen is open to Maryland Avenue. Elevations range from 4 to 5 feet. Proposing two way access under the building. Landscaping along Route 35 with brick wall and signage. Landscaping on edge of Maryland property line – providing pavers to reduce impervious coverage. ADA compliant parking spot. Commercial pick up – 10 by 20 dumpster. Garbage will have to be brought to back of property. Mr. Dixon inquired if they will be using existing sewer line. (Yes- on Maryland Avenue). Tim Lurie feels the line should be able to handle it with no problem. Secretary Spader inquired if there are 4 parking spots in front of the building. Tim Lurie stated that those depicted spots have been eliminated and created paver patio outdoor seating. Tim Lurie reviewed parking plan. Secretary Spader inquired where the employees will be parking. Tim Lurie stated that the requirement for employees has been included in calculations. 22 spaces for restaurant and office use and 34 parking spaces allocated for condominiums. Mr. Dixon inquired if there will be a safety railing for the outdoor paver patio. (Yes) Secretary Spader inquired about the signage for the Urban Kitchen – How will the customers know that it is there? Tim Lurie stated that the restaurant has to be accessed from Maryland Avenue. Tim Lurie stated he will add signs. Vice Chair Reynolds inquired if you need a variance for outside seating. Ray Savacool replied it is part of the site plan approval process. Tim Lurie said it is included in the 69 seats. Wall pack lighting on building – lighting will be to code. Low-level lighting in parapet. John Jackson stated they will agree to hours for the roof top deck. Plans are into the DOT for access approval. Addressed Opdyke’s parking – Opdyke’s no longer rents this lot. Tim Lurie is hired by Opdyke to address their issues.
Audience questions
Tom Eagen – 310 Maryland Avenue – Questioned the traffic exiting on Maryland Avenue. Is there any consideration that Maryland Avenue is a dead end street? TL – replied that if this was a retail use you would certainly have more traffic than is proposed now. Retail generates more traffic than residential.
Ray Savacool guaranteed that the DOT will not allow a left turn through a turning lane. John Jackson offered to have a traffic study done. Mr. Dixon stated that for safety reasons you should not be able to make a left turn there.
Mike Burkhardt, 310 Maryland Avenue – Concerned about restaurant parking
Dennis Galvin reviewed the COAH requirement and stated that 3 COAH units should be provided. The applicant has agreed to provide the units – that gives you an extra special reason. You can also use that as a positive reason. Would be frightened if it was approved without taking care of that business. We are protecting the Borough by addressing that issue. Units are deed restricted for 30 years. Applicants are screened for the units. Recipients have to be between a certain income range – they are fireman, teachers etc. Rooms may be smaller – it is an invisible product.
Christine Nazarro Cofone, Professional Planner, sworn, credentials accepted, explained her Affordable Housing Special Masters title and the COAH requirements of municipalities in New Jersey. When you see new luxury apartment complexes they usually have affordable housing units. Every town has an obligation – the fact that this developer is willing to provide units is a plus. Everyone is going with the Jacobsen number. It isn’t Section 8 vouchers – there are income limits. It could be a young teacher or fireman. It really is affordable housing for people who are employed but not making the salary needed to afford a home. CC stated that this is a transitional piece of property. From a planning point of view, she feels this is key – you could put an office building here or self-storage but this is really not a great site for that. You could not put the elevation on a storage unit. There are no standards because this is a use variance. The HC zone envisions a structure of that massing here. The bulk requirements of the HC zone are not violated with this plan. This plan advances the land use law by providing the affordable housing requirements. It is an inclusionary project which makes it beneficial. The project is aesthetically pleasing and architecturally compatible. Chairman Struncius questioned entering and exiting the property. CC believes it will be less intense than it would be with a conforming application – commercial uses and residential units use do not peak at the same time. Criteria A, I and G are advanced by this application. Negative criteria – Does not see substantial detriment to the zone plan. Roof top decks do need to be controlled – 5 am to 10 pm sounds appropriate for a use like this and can be regulated through the condo documents. Master Plan discusses creating diversity of housing types but it also talks about not having rental housing but these units are proposed to be owner occupied. CC believes that this is a good application and excellent use of this site. Excellent reuse of this site – creates diversity of housing – loves mixed use aspect – residents can walk over and get juice or coffee. Chairman Struncius clarified that if the restaurant wasn’t there that a nursing home could be built as a conforming use. (Yes) CC stated that there is nothing non-conforming about the massing of the structure. Secretary Spader inquired what the operating hours of The Local Urban Kitchen are? (7am till 4pm).
Audience comments
Jaret Sanfilippo, sworn – Beautiful – building is lovely – the existing parking lot is an eye sore but am very concerned about the traffic. Would feel more comfortable if 4 to 6 units were going in.
Thomas Eagen, sworn – biggest concern is the roof top entertainment area. Overlooks this lot from his condo. Potential lighting and noise concerns at night. We now see the fireworks at night and if this is built will have a visual block – also concerned about the traffic.
Secretary Spader believes a traffic study would be beneficial and does not feel comfortable going forward with the vote at this time. Dennis Galvin stated that the DOT will have a lot to say about this application. Secretary Spader said that in 50 years that area has looked like that – I am sort of excited about this application except for that one issue. Dennis Galvin stated that since the application is being presented as a mix use property the lots should be consolidated. John Jackson stated that the applicant will reach out to the DOT to get their input.
John Jackson waived the time for the application to be heard.
Motion by Vice Chair Reynolds second by Secretary Spader to carry application #2019-21 of 2005 Route 35 LLC to June 27, 2019 without notice.
In favor: Spader, Kelly, Reynolds, Dixon, Schneider, LePore and Struncius
Opposed: None
Application carried without notice
Meeting adjourned at 10:50pm
Attest: Karen L. Mills, Clerk of the Board
