June 27, 2019
The June 27, 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, Mr. Dixon, Mr. Davis and Chairman Struncius
Absent – Reynolds, Schneider, LePore, DePolo, Crasper and McGee
Also, present – Dennis Galvin, Charlie Cunliffe and Karen Mills
Denise Sweet – court Reporter
AGENDA
Application #2019-21 – 2005 Route 35, LLC c/o Timothy Caughey – 2005 Route 35 – Block 11.02 Lot 12 & 14 – Applicant seeks to construct 16-unit multifamily luxury dwellings and retain existing building which contains a restaurant, an office and an apartment which requires a use and bulk variances.
Carried from April 4, 2019 without notice
Mr. Davis has signed a certification that he listened to the audio from the previous meeting and is eligible to vote in this proceeding.
John Jackson, attorney for applicant stated that he had taken the opportunity to meet with the neighbors to address their concerns and have revised the plan.
Tim Lurie, applicant’s engineer, still under oath, reviewed the changes to plan. Units have been reduced from 16 to 14; Additionally, reconfigured the western portion of the property. In addition, a walkway has been provided on east side of restaurant; with reduction of units the parking requirement is now 30 where 32 is provided; delineated residential parking with different color paver from the restaurant parking; 24 spaces provided for restaurant. Overall 52 spaces are required for project where 56 are provided. Still at 49.7 building coverage where 50% is required and we have 69.8% impervious where 70% is required. Will replace sewer pipe if necessary; would like to coordinate with board engineer to video the pipe. Additionally, located sign in upper western portion of site; Including signage for both Point Beach Lofts and Local Urban Kitchen. Landscaping will be provided. Perennial planting, trees and shrubs will be provided. Garbage dumpster will be in rear of restaurant and be a shared use.
Chairman Struncius clarified that entrance/exit was moved westerly. Mr. Davis questioned the standard that was used since this was not a permitted use. Dennis Galvin agreed there is no standard so using the term compliant is not appropriate. Tim Lourie explained how he determined appropriate amount of parking spaces.
Charlie Cunliffe, acting board engineer, reviewed concerns about improvements with sewer easement, making sure there is no overflow parking in the isles. Deed of consolidation would need to be filed. Inquired about pedestrian access to restaurant from parking area. Tim Lurie explained how it would be accessible. Charlie Cunliffe concerned with drainage issues on west side of property and wants sidewalks installed subject to DOT approval. Tim Lurie added that there are also proposed bike racks. Chairman Struncius clarified the zoning – John Jackson stated that Christine Nazzaro-Cofone testified this area is like a little island of High Density/ Highway commercial – with residential around it.
Tom Eagan – 310 Maryland Avenue – questioned egress on Maryland Avenue side (still the same) Questioned if the restaurant is separate from the main structure. (yes)
Scott Kennel, Traffic expert/Engineer, credentials accepted, testified to what a 14-unit apartment complex will generate. Scott Kennel utilized the NJOT trip rates – morning – 6 out- 6 in on a daily basis it could be 50 trips in and 50 trips out. He believes that the site will be less intense because it is residential opposed to Opdyke utilizing it as a commercial entity. The plan is in with the NJOT for formal review. Scott Kennel believes there will be de minimis impact on Maryland Avenue. Chairman Struncius inquired if these statements include the commercial aspect of the property. Scott Kennel stated the NJOT is very strict about access points on highways to limit conflict points. Chairman Struncius commented that cars coming from the south will make left turns into the lot. Mr. Dixon stated that cars coming out of Maryland Avenue onto Route 35 trying to make a left will be tough. Chairman Struncius was concerned that the pottery place has items in the site triangle that might be of a concern. Scott Kennel replied that the NJOT has to enforce the site triangle – they cannot generate a dangerous condition. Scott Kennel stated that he didn’t do an actual traffic study he used NJOT formula to calculate. Mr. Davis felt that an actual traffic study would have been a better way to go for this application.
Audience questions
Hans Burkhart, 310 Maryland Avenue – Inquired what Opdyke will be doing. Scott Kennel has no knowledge of Opdyke business plan. Hans inquired where Opdyke’s trucks will turn around. (Do not know)
Tom Eagan, 310 Maryland Avenue – Egress and ingress are both on Route 35 and on Maryland Avenue there are two separate? Tom Eagan feels more traffic will be generated from the restaurant than the residential. Tom Eagan stated there is now a formal entrance to the restaurant where there wasn’t before. Scott Kennel replied there will be an adjustment to accessibility to this site and that the traffic generated for Maryland Avenue will be closer to Route 35 and this provides a safer plan.
Greg Cox, sworn, stated that the client had an opportunity to meet with the neighbors – the outcome was the applicant reduced the total number of units to 14 units (bedrooms remain the same). They changed around the interior – shifted some walls, windows and balconies – now have 1, 2- and 3-bedroom units. Proposed are 2 affordable housing units. Exterior of the project remains the same – all changes were internal.
John Jackson concluded his case.
Audience Comments
Tom Egan, 310 Maryland Avenue – closest neighbors – will not see open space anymore – will see three story building – concerned about aesthetics and breezes. Won’t be able to see the fireworks anymore. Worried that overflow parking will park in our private lot. Very difficult to police the situation. Restaurant concerns me the most – the traffic comments didn’t really address that issue. The traffic flow will now be coming our way. No one really talked about the beach access which has heavy pedestrian traffic.
Mr. Davis is struggling to find grounds to approve this application – and being there is only 6 board members would like to give Mr. Jackson the opportunity to carry the application.
John Jackson will hold his summation until there is a full board.
Motion by Secretary Spader second by Mr. Dixon to carry application #2019-21 – 2005 Route 35, LLC c/o Timothy Caughey – 2005 Route 35 – Block 11.02 Lot 12 & 14 – to August 1, 2019 without notice.
In favor: Spader, Kelly, Dixon Davis and Struncius
Opposed: None
Meeting adjourned at 10:45pm pm
Attest: Karen L. Mills, Clerk of the Board
Borough of Point Pleasant Beach 

