April 7, 2005

MINUTES

The April 7, 2005 Special meeting of the Board of Adjustment opened at 7:35pm. The clerk read the notice of compliance with the "Open Public Meetings Act". Present were Board Members: Moberg, Wolfersberger, Simon, Cangelosi, Palisi and Tooker Alternate: Leonard Absent: Struncius and Dyer

Motion by Mr. Leonard, second by Mr. Wolfersberger to approve the minutes of March 17, 2005.

Vote: Moberg, Wolfersberger, Palisi, Cangelosi, Tooker and Leonard..Yea
Opposed: None

Motion by Mr. Leonard, second by Motion Mrs. Tooker to memorialize application #2005-04, Wayne Sardoni, 315 Carter Avenue

Vote: Moberg, Wolfersberger, Palisi, Struncius, Cangelosi, Tooker and Leonard..Yea
Opposed: None

Motion by Mr. Cangelosi, second by Mr. Leonard to memorialize Application #2004-50, John C. Ruggier, 309 St. Louis Avenue

Vote: Moberg, Wolfersberger, Palisi, Struncius, Cangelosi, Tooker and Leonard..Yea
Opposed: None

Motion by Mr. Leonard, second by Mr. Wolfersberger to memorialize Application #2004-51, John Hughes & Kimberly Malone, 400 Niblick Street

Vote: Moberg, Wolfersberger, Palisi, Struncius, Cangelosi, Tooker and Leonard..Yea
Opposed: None

Motion by Mr. Wolfersberger, second by Mr. Palisi to memorialize Application #2004-53, John Ciancia, 1612 East Street

Vote: Moberg, Wolfersberger, Palisi, Struncius, Cangelosi, Tooker and Leonard..Yea
Opposed: None

Application 2004-21, James & Collie Marsetti, 1505 St. Louis Ave. Bl. 14, Lot 14; Applicants wish to alter existing porch by enclosing it & creating roof top deck; also, add a story to rear with roof top deck; Floor plan indicates two kitchens for mother/daughter use. Carried without notice (vote)

Mr. Moberg stated that all testimony has been heard. All Board members that were not present at meetings had heard the tapes and signed affidavits. Mr. Galvin said that the Board should close and go into deliberations. The Marsetti’s did not wish to make a statement.

Open Deliberations:
Mr. Moberg: We have been on this application for months. He does not look at this application favorably because it is not a true mother/daughter.
He is afraid the two kitchens might lead to a two family situation because of the narrow doorway.

Mr. Struncius arrived at 7:49pm. Mr. Galvin informed the board that Mr. Struncius will not be voting on this application but may comment.

Mr. Leonard: We looked negatively on the second kitchen. I wasn’t for it then, and I am not still in favor. Mr. Cangelosi: Asked for Mr. Galvin for clarification of the condition that upon the parents not living there anymore that the kitchen would be removed. Mr. Galvin: Said that it is not recommended. In previous applications the conditions could not be upheld. Mr. Palisi: Is it possible to put a deed restriction? Mr. Galvin: Yes Mr. Palisi asked Mrs. Marsetti if she was willing to have a deed restriction Mr. Marsetti: Absolutely Mr. Palisi: They have made many concessions and I appreciate it. I would be in favor with the deed restriction. Mr. Struncius: My concern was the lot coverage. When I saw the revised drawings and saw the effort to comply, I felt there was a lot of good things and a lot of adjustments. I felt the addition and improvements were aesthetically pleasing. Mr. Cangelosi: I do not believe improvements will be detrimental to the neighborhood. I believe you have demonstrated a hardship and taken necessary steps to comply. I would be in favor. Mr. Wolfersberger: I am uncomfortable with the narrow door between the kitchens. Mr. Galvin read Cox, 7-5.2 into the record. You always have to consider both sides. Mr. Palisi: You cannot regulate integrity. Mr. Galvin reminded everyone that a use variance requires five affirmative votes.

Motion by Mr. Palisi, second by Mr. Leonard to approve application #2004-21 with the following conditions.
1.The Applicant must comply with having only one utility meter for the home.

2.There must be a deed restriction for mother/daughter use.

3.The Applicant must comply that there be no door separating the living areas.

4.The Applicant must comply that rear area sliding door must remain tow panels.

Vote: Moberg, Wolfersberger, Palisi, Cangelosi, Simon and Tooker …Yea
Opposed: Leonard………………………………………………………Nay
Application approved with conditions

Application 2004-52, Kenneth Poray, 705 Ocean Avenue, Block 67, Lots 2 and 3: Applicant wishes to change existing non-conforming use (real estate/insurance) to retail service. Carried without notice

Exhibits entered A-1 Elevations, A-2 Site-plans, A-3 Exterior Improvements & Logo’s
A-4 Application, A-5 pictures (Pictures taken April 6, 2005). Mr. Poray, representing self, sworn. Eric Wagner, licensed architect in New Jersey since 1988. Has been involved in a large range of projects from commercial to educational. The board accepts Mr. Wagner’s credentials. Mr. Wagner went on to explain the improvements planned for the property; paving for handicap where the rest of the parking lot will remain gravel. The handicapped parking space will tie into the existing pavement to conform to the handicap ordinance. Signage will be located where existing sign is. There will be two wall-mounted lights to improve lighting to driveway. One change will be signage on driveways. He said there were concerns from the neighbors, and they would like to have Forman Avenue as an exit only. Where the Ocean Avenue entrance would still be entrance and exit. Mr. Wagner went on to explain the interior layout from serving counter location to different types of seating. The rear of the counter will contain a hand sink and coffee maker. Sheet A-2 depicts the east and south elevation, which all are pre-existing. They would like to put signage on the existing balcony and the Forman side of the building. Ken Poray commented how the Forman Avenue corner of the lot used to look like a jungle and since has been cleaned up and the old window treatments have been repaired. Ray Savicool commented that the parking lot is in poor shape and needs to be addressed because of the intensity of use of the facility. Ken Poray: I do not plan to expand over 20 parking spaces. Mr. Galvin: I think the point is that the gravel is depleted. Will you be willing to add gravel? Mr Poray: absolutely Mr. Savicool went on to address his engineering report point by point. I would like to know the intensity of use. Are we selling newspapers, bagels? What is the overall market plan for the facility? Mr. Poray:We will be selling bagels and muffins for breakfast. Salads and sandwiches for lunch. Water, soda, smoothies. It will be similar to Starbuck’s. Try to keep it simple but on the premium side. Mr. Savicool: What are your anticipated hours of operation. Mr. Poray: 6am until 8,9,10 or 11pm. Depending on demand. Mr Galvin: The Board would like to know the exact hours of operation. Mr. Poray: 11pm Mr. Palisi: What months of operation? Mr. Poray: Year round. When winter comes we might adjust the hours accordingly. Mr. Palisi: What about deliveries from service vendors. Mr. Poray: I will be piggy backing on other deliveries from Sisco. Mr. Moberg: On other cases we have limited hours of deliveries. No deliveries before 8am. Mr. Cangelosi: You will be open to the public at 6am, will workers be in the building at other times? Mr. Poray: I have two employees here. Maryann has experience at Dunkin Donuts and would be better able to answer that question. Maryann Meyer, sworn. Maryann stated that she would open the premises around 5:30am. Mr. Cangelosi: Will baking be done on the premises Mr. Poray: No, just warmed by microwave. Mrs. Tooker: You will be having deliveries of fresh baked goods in the morning. That would have to be before you open. That would be another delivery situation. Mr. Galvin: Not before 8am Mr. Poray: They will deliver twice a week Mrs. Tooker: You can not have bagels delivered twice a week. Mr. Poray: Can we ask for a waiver on the number of deliveries. Mr. Cangelosi: If we are going to sit here and insist that you deliveries are after 8am we are fooling ourselves because we all know what happens. Truck drivers do not care about the BOA. They deliver when they want to. We all should understand that deliveries will happen before 8am. Mr. Poray: I am trying to work with neighboring businesses and piggyback on their deliveries. I could have it delivered somewhere else and I could pick it up later in the day. Sisco delivers to businesses all over town. Mr. Moberg: Sisco does not carry fresh baked products. Mr. Cangelosi: You are fortunate to have a large lot. I would prefer the trucks come on the premises to deliver to keep Ocean Avenue open. Mr. Savicool: Are you aware of any covenants or deed restrictions? Mr. Poray: I am not aware of any. Mr. Poray assured the board that his garbage would be stored in the shed located on the property and be picked up by private carter. Ray Savicool stated that the parking is sufficient for the property. Mr. Struncius: You agree that you will at no time have paid parking. Parking will be for customers only. No $25.00 cup of coffee for the night. Mr. Savicool: The county requires site triangle easement. Will you be willing to grant such an easement? Mr. Poray: Yes Mr. Palisi requires that the ordinance that requires evergreen planting between commercial and residential property be enforced. Mr. Struncius: Will you be willing to work with the board engineer on your lighting plan so you do not have to come back. Mr. Poray: Yes Mr. Savicool: Applicant needs waiver because impervious coverage exceeds ordinance. Mr. Palisi: You are asking us to grant a variance to invade a residential district with a commercial business. It is up to you to convince us that you are doing everything in your power not to infringe on the neighbors. You will not make life miserable for your neighbors. Mr. Moberg: That will be a condition that a row of 4 foot arborvitae will be planted along the entire west side of the property. Mr. Savicool stated that he would like to see one way in the parking lot and one way out. Otherwise he would need a curb cut. If Ocean Avenue will be in and out he will need a waiver because the curb cut is not wide enough. Mr. Palisi is not happy with all traffic being directed to exit on Forman. Mr. Struncius agrees. Ray Savicool: If you are going to allow two way access on Ocean Avenue you will have to widen it. The driveway should be widened to 25 feet to encourage more people to use Ocean Avenue. Mr. Struncius inquired whether the light on the signs would be neon or blinking. Mr. Poray assured the board that they were not. Mr. Poray said that he would work with the township to make sure the lighting was acceptable and within the lighting ordinance. Mr. Palisi: Is there anything thing we can do to ensure he maintains the gravel lot? Mr. Galvin: It is up to the borough to ensure he maintains it. Mr. Moberg: Mr. Poray indicated he will add additional gravel to the lot to fix existing pot holes.

Any audience questions:

Robert Solt, sworn. Wanted to inform Mr. Poray of the winds during a northeastern. He recommends that he makes sure his signs are secure.

Mrs. Tooker: I am concerned with the hours. People slamming car doors in the early morning getting out and talking. I understand a coffee place has to open early. I think the hours should be clarified.

Mr. Galvin read the conditions. When ice cream was mentioned, Mr. Poray commented that he also plans to sell ice cream. Mr. Struncius said that is another issue because now he will need to have a freezer. He wants to make sure everything is clarified. Mr. Palisi stated that he does not want owners of the property in the future to be able to open a glorified 7-11.

Deliberations:
Mr. Struncius: You have been very amiable to working with the board and everything we have asked. My only concerns are deliveries. I think it will be minimal from negative impact. I do not see anything too detrimental. Positive – Improving property. Everything you have been brought has been professional. Mr. Moberg: Few other stipulations, No entertainment, also no cooking, no live music and no external fans. Mr. Wolfersberger: 10,000% improvement to what exists now. I am concerned it is a resort residential area. At this particular juncture I have not seen concerned residents. I am inclined to go along with this with the conditions. Mr. Leonard: Improvement to area. Positive criteria out ways the negative.

Motion by Mr. Leonard, second by Mr. Struncius to approve application #2004-52 with the following conditions.

Conditions
1. The applicant is to file a deed of consolidation.
2. The applicant’s signage must comply with the ordinance.
3. The applicant is to re-stone the gravel lot.
4. No deliveries before 8 am
5. The hours of operation not to exceed 6am to 11pm
6. Restrict this property for use to as a coffee shop and incidental sales of off-premises
baked goods, newspapers, salads, non-grilled sandwiches, smoothies, teas, non-
alcoholic beverages, similar in nature to currently existing Starbucks cafes. This
grant is not intended to create permission for a luncheonette, a restaurant, a
newspaper hut, an ice cream parlor or any type of retail store, including book stores
7. The applicant gives up any right it has or may have had to operate a pay parking lot.
8. The plan is to be revised to show curb stops as directed by the Board’s Engineer
9. The applicant will provide a site triangle easement to Ocean County.
10. Landscaping plan to be reviewed and approved by the Board Engineer, which include the addition of Arborvitaes 4 feet high Westerly property line.
11. The applicant is to submit a lighting plan for review and approval by the board
Engineer.
12. Subject to the applicant obtaining County approval.
13. 25 foot driveway width for access on Ocean Avenue.
14. External illumination by means of GOOSE NECK LIGHTING for the sign
15. The applicant will replace existing pavement with pavement or concrete.
16. Plans to be revised to show location of ice cream case and freezer to be reviewed an approved by board engineer.
17. No entertainment and no live music
18. No cooking or grilling facilities, except that heating by microwave is permissible.

Vote: Simon, Moberg, Struncius, Cangelosi, Wolfersberger, Tooker and Leonard…..Yea
Opposed: None

Application approved with conditions

Application 2005-06, Frank Chiaia, White Sands Hotel, 1100-08 Ocean Avenue, Block 29.01, Lot 1; Applicant enlarged existing rooms on first floor by adding a 9’5" x 19′ addition. Two rooms on the second floor were also enlarged with a 12′ 9" x 23′ 6" addition & rooftop terrace/deck. A roofed storage area was constructed between building 300 and 400.

Exhibits entered: A-1 Application, A-2 Site plan dated 12/21/04, A-3SP –2 12/21/04, A-4 Demolition plan, A-5 Floor plan, A-6 Enclosure details. Robert Shea, attorney for applicant. Christina Ranura, principal of White Sands and daughter of Frank Chiaia present. Mr. Moberg: The White Sands was before us five years ago for starting construction without permits and we were told it would not happen again. Now the board wants to know why? Mr. Shea: Mr. Chiaia was under the impression he could enclose previously used area. The reality is when the building Department stopped by and issued the stop work order he did apply for permits. Mr. Yezzi, licensed architect and planner, sworn. Mr. Yezzi briefly explained proposal. SP-1 explained the enclosure over existing pavement between buildings. Mr. Shea: Are activities under enclosure going to change at all? Mr. Yezzi: No Mr. Struncius: What segment of your application does that affect Mr. Shea: It is just for bringing it to the boards attention. We want to make it part of the plan because it can be considered expansion. Mr. Yezzi: Some of these items on the list can be considered a wish list. Mr. Struncius: As you continue could you explain how it effects the variances. Mr. Palisi: You say it does not affect anything, doesn’t that affect building coverage? Mr. Yezzi: It affects about 1.5% building coverage. Mr. Simon: In your opinion if this had gone through proper channels it would of had to been inspected. Mr. Yezzi: Yes Mr. Moberg: They are considering this 300′ by 400′ enclosure a shed? Does the applicant know that the maximum size shed is 10′ by 20′ Mr. Yezzi: Yes Mr. Palisi: This is a incredible credibility issue with this property over the years. I have granted more forgiveness than I have to my kids at home. I am going to ask you to go above and beyond with you explanations so there are no issues with credibility to the testimony you are giving now. Mr. Shea: We are here, what is on the plans is on the plans. Should he of started the work, no. It is what it is. This is not something that happens on a weekly issue. Mr. Yezzi: We have advised the owners that please in the future before you do anything to call. Mr. Palisi: I am disappointed that Mr. Chiaia isn’t here. I looked him right in the eye last time he was before us and asked him specifically not to due this again. Mr. Shea: Christina is here, he has handed the reigns over to his children. I am 99.9% sure that this will not happen in the future. Mr. Simon: You constructed a roof top deck without a permit? Mr. Yezzi: Yes, we did the plans after it was constructed and submitted them to the building department. Mr. Struncius: There is a 5% overall increase in lot coverage. Mr. Yezzi: If you add the pool enclosure it rounds out to about 7%. Mr. Yezzi: Next we want to convert a meeting room to a manager’s office Mr. Palisi: Did we approve it for a sleeping area? Mr. Shea: No, it was a conference room attached to rooms. Mr. Yezzi: Then the work stop order was issued and the rooms were not completed. Mr. Palisi: Will they be rented out in the off-season? Mr. Shea: I do not know if they rent off-season. Mrs. Tooker: Do they have kitchens? Mr. Yezzi: No these don’t have kitchens Mr. Struncius: How many other third floor living spaces are there? Mr. Yezzi: Only one. This space was a pre-existing condition. Mr. Moberg: It was inhabitable space and now it isn’t. Mr. Struncius: Was that attic space or approved living space. Mr. Shea: That was living space since it was the Mary Frances. Mr. Savicool: Existing coverage is around 53%. Mr. Shea: I agree with the engineer’s figures. Mr. Struncius: Because this is something that we want clearly defined, when you come back could you lay that out for us. The buildings equal this and the decks equal that. We want a better understanding on what is true building and what are canopies and decks. Mr Cangelosi inquired when the work stop order was issued. Mr. Shea replied sometime in November. Mr. Cangelosi asked if any work has been done since. Mr. Shea replied that no work has been completed since.
Mr. Palisi stated that the White Sands is a wonderful property, but that they way they go about things leaves a bad taste in a lot of people’s mouths.
Mr. Shea states that the board’s decision should not be punitive. The application should stand on its own. The improvements are deminimus. Mr. Struncius: I wish we were just reviewing drawings. It is a burden on us because we have to separate feelings and emotions that just shouldn’t be coming into play. We should just be reviewing drawing. I just wish it were done differently.

Audience questions

John O’Grady, 1209 Ocean Avenue, sworn. He is upset because he was not noticed. Mr. Galvin informed him that he does not live in the notice jurisdiction of within the 200′ from the property in question.

Howard Levine questioned why the owner was not present? Mr. Galvin informed him that it is not necessary for the owner to be present.

Motion by Mr. Leonard, second by Mr. Palisi to carry application #2005-06 to June 16, 2005 without notice.

Vote: Simon, Wolfersberger, Palisi, Cangelosi, Moberg, Struncius and Tooker…Yea
Opposed: None

Meeting adjourned by Chairman Moberg at 10:45pm

Date: April 7, 2005 Attest: Karen L. Mills
Clerk of the Board