February 3, 2022

FEBRUARY 3, 2022 BOA MINUTES

 

The February 3, 2022 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:  Mr. Kelly, Mr. Dixon, Vice Chair Reynolds, Secretary Schneider, Mr. Pasola, Mr. Loder, Mr. Davis and Chairman Struncius

Absent – Crasper, McGee and Villani

Also, present:  Karen Mills, Clerk, Ray Savacool, Engineer and Dennis Galvin, Esq.

Memorialize Resolution

 

AGENDA

2021-21 – Crecenzo Group, LLC – 308 Channel Drive/311 Broadway – Block 167; Lot 4 & 5 –                     

             Applicant is seeking a “D” variance and “C” variances to construct 9 Townhouses.

            Carried without notice from January 6, 2022

Let the record reflect that Chairman Struncius and Mr. Davis have listened to the October 21, 2021 meeting and signed a certification and qualify to vote.

John Jackson, attorney for applicant.

                John Taikina, Professional planner continued his testimony regarding positive/negative criteria. He believes this area is more suited to residential over commercial.  Believes this is a transition to the commercial.  Does not believe that it is out of character and adds to the mix of uses and does create any substantial detriment. Exhibit A-4 – updated Power Point. Does not believe it will create any shadows. There will not be as much traffic as with a commercial use. Believes these will be utilized by boat owners and older people. Mr. Pasola reviewed the many variances and cannot believe it will not create a negative impact. John Taikina believes the occupants will want to engage the passer buys and interact with them. They will not want privacy and will enjoy having their front stoop near the sidewalk. Mr. Dixon inquired if they performed a shadow study (No). Stated that the Master Plan mentions diversity of housing, lowers the rental population. Mr. Pasola questioned that if this is what Mayor and Council want you would think they would change the zone. Mr. Dixon questioned that you are talking residential homes which would be 50%; You are taking want you want from multiple zones and choosing what you want.  Mr. Jackson commented that they chose this density to accommodate affordable housing requirement.  Mr. Dixon believes the applicant should have designed less units to be less dense.

Chairman Struncius stated that they keep referencing MC2 zone which they are not in nor do they meet the requirements of the MC2 zone. There is very strong wording and requirements for the M2 zone.  Here you are bordering residential neighbors’- your arguments analysis is knocked down when you see what the MC2 zone is about.

Mr. Pasola questioned John Taikina about him not believing this would change the MC Zone. (No)

Audience questions

Janet George, 318 Broadway – Planner indicated that this project would have no negative impact to the residential properties across the street. She pointed out her home which is directly across the street – she inquired about a shadow test because this building is really 4 stories. Chairman Struncius inquired if she could see the boats from her home. (yes)  I sit on my porch and enjoy the sunsets. How can this tall structure not affect my home and view? I believe that this will promote rentals not home ownership. What justification besides financial justifies the density?  How do you justify a 1700 square foot house – this will be a party avenue.

Brian Clancy, Dasti and Associates, special counsel for the Borough of Point Pleasant Beach.

John Jackson stated he sent a letter objecting to this representation. He has concerns and does not believe his representation is appropriate and does not believe he was appointed by a deliberative effort. Does not know who is behind it.

Chairman Struncius, not the jurisdiction of the board to govern Mayor and Council; We make zoning decisions.

Ben Montenegro, stated that Mr. Dasti’s notice of appearance was entered back in November 2021 and John Jackson should have addressed this issue to the governing body.

Mr. Pasola believes this issue is between John Jackson and the Mayor and Council.

Chairman Struncius stated that we are ruling on zoning and moving forward. There are other levels that he can challenge it at. We are still going to proceed.

John Jackson questioned Brian Clancy. Brian Clancy stated that all answers are under attorney/client privilege.

John Jackson requested an adjournment.

Ben Montenegro believes the adjournment request is reasonable.

Brian Clancy stated that he is fully authorized and duly appointed and ready to move forward.

Mr. Pasola made a motion to adjourn the meeting, second by secretary Schneider.

In favor: Mr. Kelly, Vice Chair Reynolds, Secretary Schneider, Mr. Pasola, Mr. Loder, Mr. Davis and Chairman Struncius

Opposed:  Dixon

Motion by Mr. Loder second by vice chair Reynolds to carry the application to May 5, 2022 with notice

Mr. Kelly, Mr. Dixon, Vice Chair Reynolds, Secretary Schneider, Mr. Pasola, Mr. Loder, Mr. Davis and Chairman Struncius

Opposed:  None

Applicant waives the time for the application to be heard.

Meeting adjourned at 9:45pm

Attest: Karen L. Mills, LUA

             Clerk of the Board