Borough of Point Pleasant Beach MARCH 11, 2021 SPECIAL MEETING
The MARCH 11, 2021 special meeting of the Board of Adjustment opened at 7:00pm. The clerk read the notice of compliance with the “Open public meetings act.” Present were Board members: Mr. Kelly, Mr. Dixon, Mr. Pasola, Secretary Schneider, Mr. Loder, Mr. McGee, Mr. Davis and Chairman Struncius
Also, present: Dennis Galvin, Ray Savacool and Karen Mills
Absent – Dixon, Crasper and Villani
Agenda
Memorialization of Minutes
Motion by Secretary Schneider, second by Mr. Loder to memorialize the minutes of March 4, 2021 virtual meeting
In favor: Kelly, Schneider, Reynolds, Pasola, Loder, McGee and Struncius
Opposed: None
Applications
Application # 2021-12 – Jenkinson’s South Inc. c/o Anthony Storino – 604 Ocean Avenue & 501 Boardwalk – Block 83.02; Lot 2 – Applicant seeks use variance approval to change the use of an existing game stand to food stand with counter service. No change to existing footprint.
John Jackson, attorney for applicant. John Jackson noted that there has been an appearance entered by Christopher Dasti, Esq. by letter of March 11, 2021 stating that he is representing the Borough in this application. John Jackson objects to the borough participating in this matter, and wants that put on the record. We do not understand how the Mayor and Council can object. Mr. Galvin thinks that is a good point and that maybe we should put this off for further research. You have a good point to see if Christopher Dasti was properly authorized. Mr. Jackson cited cases to back his concern; but wants to proceed with the application. John Jackson believes this is a violation of Jenkinson’s civil rights. John Jackson requests that the Borough is not allowed to intercede in this matter and Christopher Dasti should put on the record what council members authorized his appearance.
Dennis Galvin believes that the Board should not move forward this evening; he believes that John Jackson should have informed him prior to the meeting about his concerns.
John Jackson believes that in view of the public Chris Dasti should put on record who appointed him to appear this evening.
Chairman Struncius wants to hear Dennis Garvin’s recommendation before anyone speaks.
Dennis Galvin suggests that Christopher Dasti should weigh in on the matter. Dennis believes that he should do some research on this; the next meeting date would be April 1, 2021.
Christopher J. Dasti, stated he was directed by the governing body; they wanted to retain council to represent them in this matter. The matter was discussed in close session. He has every authority to be here before the governing body. Referenced the Stafford and North Brunswick case which a use variance was being requested and would affect the “Master Plan”.
This is an expansion of use which contradicts the “Master Plan”. John Jackson stated that if the Council discussed something in closed session, there should be a resolution and minutes.
Dennis Galvin stated that Chris Dasti is on the special council list and does not need to be appointed. Dennis Galvin has no idea how to respond to this issue at this time. Chairman Struncius would like to adjourn the matter for two weeks and make sure that we are proceeding in the appropriate way. Mr. Pasola stated that if the Board attorney is not comfortable proceeding in this mater that he also is not comfortable. The Chairman agrees.
Dennis explained that to avoid conflict and law suits more research should be done.
Motion by Mr. Loder, second by Secretary Schneider to carry application # 2021-12 of Jenkinson’s South Inc. c/o Anthony Storino – 604 Ocean Avenue & 501 Boardwalk – Block 83.02; Lot 2 – to April 1, 2021 at 7pm without notice.
In favor: Schneider, Reynolds, Pasola, Loder, McGee, Davis and Struncius
Opposed: None
Application carried without notice.
Meeting adjourned at 8:15pm
Attest: Karen L. Mills, LUA
Clerk of the Board
