Borough of Point Pleasant Beach The January 21, 2021 Regular Meeting of the Board of Adjustment opened at 7:00pm via the zoom platform. 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. Loder, Mr. McGee and Mr. Davis
Absent – Crasper and Pasola
Also present: Karen Mills, Clerk, Ray Savacool, Engineer and Dennis Galvin, Esq.
Memorialization of Minutes
Motion by Vice chair Reynolds, second by Secretary Schneider to memorialize the minutes of December 17, 2020 minutes –
In favor: Kelly, Schneider, Loder and Struncius
Opposed: None
Applications
2021-06 – Amanda Gomes/Natural Beauty Hair Salon – 516 Bay Avenue – Block 90/Lot 12 – 12.05 – Applicant looking to open Hair Salon – Services are not permitted in the GC Zone.
Amanda Gomes, applicant, sworn, reviewed her application and use request. Amanda Gomes looking to open an organic hair salon. It is a natural hair Salon since she has allergies to chemicals and fragrances. Her Salon will be open to 8pm to attract foot traffic and be convenient for people who work. She has a retail sales component plus 5 chairs for the hair salon.
Dennis Galvin commented on this being an important location in town since being open to 8pm is important to activate business. Amanda thinks this will be supportive in producing foot traffic downtown. Amanda thinks this is the perfect location to get you hair cut and then head out to shop or eat at a restaurant.
Daniel Wheaton, PP and PA in New Jersey, credentials accepted, reviewed application and Engineers memo. Dan stated that this is a very narrow space and more suited for a hair salon over other uses. Mr. Kelly questioned if there will be any fumes? Amanda stated the fumes will not be a problem because the products she uses are organic and do not produce fumes; the fumes usually come from nail salons and she will not be doing nails.
No audience questions/comments
Deliberations
Kelly – Glad to see some one is interested on doing something on that property. When the Master Plan changed, we had so many real estate offices – and now they are not permitted but I don’t see many hair salons.
Schneider – It is a narrow store so not many uses would be interested and being open to 8pm is a big plus. Get your hair done and grab a drink. In favor.
Reynolds – I think my point was made that they are already in the GC – the sign will be different and you will notice the salon going on – no problem
Dixon – familiar with the building – it would be difficult to rent because it is so narrow– this is a good idea with no negative effects.
Loder- In favor of the application
McGee – I concur – thinks it is great that a business is opening on Bay and open till 8pm
Davis – I think this application reminds me of the MC zone that never came to fruition – no one is parachuting in to those spaces. It can’t help but benefit the zone and do not see negatives.
Struncius – I agree with what has been said by the board – believes the 2017 ordinance change meant to curtail too many of one business. This building can sustain this type of business with the parking lot behind. The size of the building for permitted uses makes it difficult.
Motion by Vice chair Reynolds, second by Mr. Loder to approve application #2021-06 – Amanda Gomes d/b/a Natural Beauty Hair Salon – 516 Bay Avenue
In favor: Kelly, Schneider, Reynolds, Dixon, Loder, McGee and Struncius
Opposed: None
Application approved
2021-02 – Last Wave Brewery – 601 Bay Avenue – Block 91.01/Lot 29/30 – Applicant looking to expand use of existing Brewery to include second building and outdoor seating.
John Jackson attorney for applicants, reviewed application and request to have permanent outdoor seating and open an assessor brewery in the next-door brewery.
Karen Mills, Clerk read Mike Menzella’s concerns into the record.
Chairman Struncius inquired what time the brewery is open to.
Bert Roling, applicant, sworn, gave history of his operation. Bert Roling stated that last service is at 8:35pm and they are closed by 9 pm. Restrictions are noon to 10 pm; hours will remain the same. Chairman Struncius commented that expansion expands capacity and inquired if they will consider closing at 9pm. Bert Roling replied that they could work with this condition. 9pm has been working great; they are not looking to be a bar. Request that last call is at 9pm. The applicant does not serve food but patrons are aloud to bring their own food. The ABC does allow chips and nuts to be sold but they do not. The applicant has specific regulations about sporting events; they are allowed 26 events per year. Music is currently piped out on speakers. Front portion of existing building is for tasting; rear is for brewing. Originally made 6,000 gallons of beer; this year they made 30, 000 gallons of beer, most of it is going out in distribution. The applicant needs more production space. Their beer is sold in most local establishments and liquor stores. They would like to occupy the rear 2/3 of 529 Bay Avenue. Power Point presentation marked as exhibit A-3. Growlers are filled on demand; also 4 packs are available for sale. Bert Rowling stated that as a growing brewery we get people from all over the state; hopefully driving them into the town also and contributing. We discount a dollar off their first pint if they have a receipt from another local store. Spoken with the Mayor and he will install a bike rack out front. Page 7 of presentation depicts how the properties will work together; no major construction. There will be a variety of tables and high tops. Barrels in front will clearly delineate consumption area and outside; fence along rear will also delineate area. There is an area in the rear with a fork lift to load trucks. Rear of 529 will be mostly production for sour micro beer. Everything will run through the tasting room; there will be no bar area in 520 Bay. Ultimately, they want to filter patrons through the front entrance; they want o make sure that the patrons are safe. Nick and Bert are now part of a full-time 5-person team.
Mr. Dixon questioned how the Board can approve a beer garden when they can not approve extension of the liquor license. John Jackson replied that the use needs to be approved before the state approves the expansion; a brewery license is different than a liquor license. Dennis Galvin stated the boards focus is the zoning aspect. The capacity would be 218 after COVID-19 restrictions lift – more than double. Mr. Kelly is worried about the safety of the patrons sitting outside in the rear of the property.
Tim Lurie, PE/PP, sworn, credentials accepted, reviewed the proposed plan. Applicant requesting parking variance – parking is supplemented by the surrounding municipal parking.
Tim Lurie believes this use will bring people to the area to benefit the downtown businesses. As a planner Tim Lurie believes this is a beneficial use to the area. The proposed outdoor seating is very similar to the seating approved for COVID 19 seating. Tim Lurie believes this is a natural configuration that lends itself to a “U” shaped format to allow the buildings to be occupied without being sectioned off. This area is surrounded by public parking lots which allows people to spread out and traverse to this site and pass other establishments. Tim Lurie does not see any detriment to the surrounding area; they are utilizing existing impervious area. Chairmen Struncius inquired how the 5 existing parking spaces will function? Are they employee spots? One of the 5 spots will be handy-cap accessible. The cleaning service utilizes the spots in the morning but in the afternoon, they are used for turn over spots. Chairman Struncius believes that cars and people coming and going might be a safety issue. Ray Savacool also believes it is problematic; it is slow moving traffic; it is not ideal and separation would be more ideal. Chairman Struncius stated that if this was to be approved it would have to be monitored. Mr. Dixon inquired if the entrance could be from the main building; all people directed to the front door would eliminate this concern. Ray Savacool stated that we do not want people walking down the street with pints. Bert Roling said that is monitored closely and no on leaves with an open container. Vice Chair Reynolds questioned if there could be a one-way flow; seems to be the way a micro-brewery is supposed to function. Bert Roling stated they get a lot of traffic that wants to go directly to the beer garden and they do have a staff member that monitors the situation; believes this is a better configuration. Ray Savacool questioned that outdoor is open through the COVID exception; typically, in breweries, patrons walk into the building to see the selections. How do you see this working – Table service? Bert Roling replied that this is something they were going to feel out. Canopy is for sun control and the tent will be removed after COVID restrictions are lifted. Chairman Struncius would like to see the layout of the other building. John Jackson stated they will supply that. Ray Savacool stated there is a limited toilet facility, and questioned if they be adding facilities with the increase in patronage. Bert Roling stated that the guide lines are 2 water closets which they already provide. Tim Lurie stated that the rear fence requested is for 4-feet, not 6-feet. Ray Savacool commented that the rear has became a hop over point and would like to see the fence extended to the Valentine property. Bert Roling replied that he will extend the fence to eliminate access from the rear. Mr. Kelly stated there are high schoolers coming through that parking lot all of the school year and her would like to see a 6-foot fence in the rear; Secretary Schneider and Mr. Dixon agreed. Mr. Dixon would like to see the music limited; no live music. Mr. Dixon believes the capacity is too high and would like to see it cut down. Chairman Struncius believes you can limit amplification to two people, no percussion and limit the capacity to the seating.
John Jackson stated that the lots will not be consolidated. String lighting – nothing more intensive. Tent is for the winter and will be removed. John Jackson inquired if the applicant would agree to the condition of only acoustic guitar and no drummer and limited amplification. Bert Roling agreed to that condition and agreed to closing at 9pm. After the season the music will stop outside at 7pm.
Dennis Galvin reviewed conditions. Fence to be 6 feet; music to be limited to 2 guitar players; music to end at 7pm outdoors off season.
Deliberations
Kelly – I brought up many concerns and they were addressed. Still concerned with the vehicles parking in front. I have been in breweries in Texas and they were gorgeous with beautiful landscaping. I would like to see that here; it is very stark. I appreciate everything that has been done since the pandemic. I am torn with this one.
Schneider – Main concern is that it will be difficult to control the patrons. They have run a good clean operation. With the conditions in place probably will approve it but I have concerns with crowd control.
Dixon – Well run business and I hope it will stay that way. I have no concerns with using the building in the rear but I do have an issue with the capacity. Will listen to other board members.
Reynolds – first off as a board we should be proud that we approved tis application and it has been successful and there has been a big push to revitalize the downtown. Believes this will improve downtown foot traffic. I believe it is a good idea; given the microbrew crowd – it is a much more mellow crowd. There are no shots or food. I do not see any detriment and am leaning toward approval.
Loder – I am in line with what every one else has said. I am in favor.
McGee – I also agree and believe the micro brew crowd is one of community. It is a family establishment and family run. Bert and his team run a quality business and I believe this will draw people to town and other establishments.
Davis – I concur with everything that has been said. This has been a positive all the way around and believe this is a perfect fit for what is coming downtown and would be completely supportive except for a couple things. I am concerned with the parking. I believe when COVID is over we are going to see a high impact. We have a vague number of bathrooms without an interior plan which I believe we should be seeing prior to approval. We need to make sure that we have protection and control.
Dennis Galvin didn’t expect the number of small concerns. He believes the small concerns should be addressed and then we can proceed more comfortably.
Chairman Struncius agrees that the parking should be addressed. Vice chair Reynolds inquired if the parking spaces could be limited to the cleaning crew and employees.
Struncius – I do think we have a first-class existing establishment with conditions that help mitigate the outdoor space. We have a little courtyard environment – which we can make an exciting area – with plants and uniqueness. It has the ability for control with one way in and out. I think the brewery environment can be a flagship business for our downtown with puppies and strollers being part of the feel. The need for expansion is because it is successful; they are selling their beer within the state. We have successful manufacturing right here in Point Pleasant Beach. It is important how we control the environment and is all part of this process. If this was a little grass knoll it would be so great.
Additional conditions – Use is conducive to a brewery and not a bar and the patrons are not to use the parking spaces.
Mr. Dixon would like it carried to February 18, 2021 and wait to get the details buttoned up.
Motion by Mr. Dixon, second by Mr. McGee to carry application 2021-02 of Last Wave Brewery – 601 Bay Avenue – Block 91.01/Lot 29/30 – to February 18, 2021 without notice.
In favor: Kelly, Schneider, Reynolds, Dixon, Loder, McGee and Struncius
Opposed: None
Motion by Mr. Reynolds, second by Mr. McGee to add a special meeting date of March 11, 2021.
In favor: Kelly, Schneider, Reynolds, Dixon, Loder, McGee and Struncius
Opposed: None
Meeting adjourned at 10:30pm
Attest: Karen L. Mills, LUA
Clerk of the Board.
