Borough of Point Pleasant Beach March 4, 2021 BOA
The March 4, 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, Vice Chair Reynolds, Secretary Schneider, Mr. Pasola, Mr. Loder, Mr. Davis, Mr. McGee and Chairman Struncius
Absent – Mr. Loder, Ms. Crasper and Ms. Villani
Also, in attendance – Karen Mills, Ray Savacool and Dennis Galvin
Memorialization of Minutes
Motion by Vice chair Reynolds, second by Secretary Schneider to memorialize the minutes of February 18, 2021
In favor: Kelly, Dixon, Schneider, Reynolds, Pasola, McGee and Struncius
Opposed: None
Applications
2021-15 Paddle Share LLC – 214 Ocean Avenue – Block 120; Lot 10.01 – Applicant is seeking a D1 use variance for the approval of retail use where same is not permitted in the RR1 Zone. Applicant is seeking proposed stand-up paddle board retail business.
John Jackson, attorney for applicant reviewed proposd use application. Power Point presentation entered as exhibit A3. Brandon Murray applicant would like to have a business that rents paddleboards. The applicant believes this is a good location. Also believes there will be a substantial demand. The only downside is there is no parking provided.
Brandon Murray, applicant, sworn, reviewed his business proposal. He has two other locations up north (Sandy Hood and Jersey City). In Sandy Hook they operate right off the sand and in Jersey City they operate out of a pod. They also offer inflatable boards. Brandon does not believe that parking would be an issue. He has been operating in Sandy Hook for 12 (twelve years). Brandon believes that Lake Louise would be a great place to Paddle board. Chairman Struncius asked for more clarity about the inflatables and what would be the main board rented. (Rigid boards are the main inventory at this time). Mr. Pasola inquired where people would park to load the board into their car? Brandon proposed that his staff would bring the board outside to wherever the person has parked. Paddle boards would have to get secured to the roof; surf boards would fit in the car. Brandon stated that he would install signs to let customers know that they cannot park in the easement or fire lane.
Ray Savacool stated that the municipality is seeking to provide a kayak/paddleboard launch at the end of Harvard.
John Dixon commented that he understands that the lake Louise association received a letter asking permission to use that property for a kayak ramp and it was denied by the lake association; I don’t know if you’re aware of that or not. Ray Savacool replied that he believes the town does not need permission from the association since it is town property.
The applicant is not providing planning testimony. John Jackson believes this use is less intense than a restaurant.
Brandon Murray stated that we could we could honestly enforce the parking all day for you there, Mr. Dixon, you know if someone’s parking on the yellow line we could come outside and tell them you you’re not supposed to be parking here go on our website will deliver it right to your door.
They would be closed on Monday’s. The busiest time is 11:30pm to 3:30pm. we’re not going to have everyone booking for 12 o’clock that that would be a disadvantage to us, though, what we would do is, we would try and spread that out across the entire day like I said, where people are picking up or getting a board delivered every 30 minutes. Mr. Kelly questioned if they would tell the customers that they cannot go to the beach? (Yes) Mr. McGee is concerned that the tourist will do what they want, and will walk around with a 10-foot board on July 4th weekend. Who will be responsible for their safety? Mr. McGee is worried about safety and who will be available for rescue? Brandon stated that would be the coast guard.
Mr. Dixon questioned the signing of waiver for liability and does Lake Louise have liability? Mr. Dixon stated the lake is privately owned and believes it will be a major liability for the people on the lake and the municipality. Dennis Galvin stated they can take the board anywhere. They are selling something; the board does not have to cover this. John Jackson stated that the State of New Jersey owns Lake Louise. Dennis Galvin said to focus on this site and how things come in and out.
Kevin Hayes objection letter entered as Exhibit O1.
Ray Savacool questioned if they had the ability to load boards behind the building? John Jackson stated that they would have to utilize the easement to access the space.
Audience questions/comments
Susan Hayes – Limroth Lane – sworn, questioned Brandon Murray in regards to his statement that there is a major demand for this service. He stated up to 20 customers a day. She questioned if that is pick up and drop off. Brandon stated you can rent it for a day or a week. Susan Hayes stated that every transaction is 2 visits. Susan questioned about educating the customers so they must have parked their car. Susan inquired what the neighbors should expect. Brandon stated most customers will have delivery. Susan Hayes stated he is not from Point Pleasant Beach and seems to believe that parking is easy and wants to know where he gets his information from? Brandon replied Jersey City. Susan Hayes concern is the cars using their easement. She questioned his statement about not having any problem parking his pick-up truck.
Ray Savacool explained the reason there is a yellow line in front of the store is because it is located at an intersection/cross walk.
John Jackson gave his summation.
Deliberations
Kelly – So I’m listening with a great deal of interest, this kind of reminds me of when brave new world started. I would not like to have to park there to deliver a board or having board delivered, especially on a Saturday night at five o’clock when people are not only leaving the boardwalk but coming back for the second time in the day. However, I don’t see any reason why a legitimate business couldn’t be located in that particular area; it will be difficult, I’m not saying it’s not going to be difficult, I don’t know how long you’ll be there. Because ocean avenue on a Saturday night is tough. I hate to see the lakes being used in town, especially with the debris that comes with lake usage.
Schneider – Thank you, Mr. Chairman, and as Mr. Kelly, he makes a good point that is a commercial structure. If other tenants came in, they could put a restaurant there and have hundreds of people come through this location, this is probably for the residents, a better alternative than that, but having said that, I don’t think it’s a great location for this use. I still have my doubts – so many better locations.
Dixon – I just want to start off by saying that Mr. Murray, obviously, is well versed in his business he seems like he wants to do the best that he could to keep it under control, but unfortunately, where he wants to put this business it’s going to have a major negative impact on the area. I know he says he would try to make sure no one parks out front and nobody parks on Limroth, but they’re not the police, they’re not supposed to go out there, confronting people parking and parking on the side there and getting into some type of confrontation with these people about when or where they can’t park – that human nature is I’m going to pick something up at a store I’m going to try to find the closest parking spot. You have kids you have older people; they have a lot of blind spots coming out of Limroth where they have homes right up to the sidewalk. Likes the letter Mr. Hayes wrote – they made good points about the negative impact. There is no near by place to launch the kayaks. There is no parking at this facility.
Reynolds -Alright, well, I acknowledge what’s been said so far as far as blocking water access and ocean county park but based on a strictly. board issue land use issue variants I think what Mr. Pasola has said is true. The building is going to be a business, regardless of what we say or do there’s going to be something in there. Do I think it’s going to be very difficult for his business to survive, yes, I do but they’re all said I think I’d be willing to give them a chance in there, I think that the parking will be lessened and traffic will be lessened with the intensity of the use.
Pasola -We all know that parking around the whole town is a tough situation and, yes, on ocean avenue, especially in the summer it’s a very difficult situation, so I feel no matter what is in that location I feel the parking would be tough. I feel the parking for this would be better than a restaurant. Main concern is the lane; they have agreed to the sign condition. No matter what goes in that location will be a negative impact.
McGee – Thank you, Mr. Chairman, I’ve made my concerns known at the beginning. I know that from a zoning perspective those don’t apply, so I think when it comes to the illegal parking, I think that’s going to be a police issue it’s always a police issue I don’t know that no matter what we put there, there’s not going to be any less of a parking issue as we’re talking about stopping and standing not full-time parking. The product, but to your point, Mr. Chairman, does concern me if this was something like a bicycle shop, which is significantly smaller than a nine- or 10-foot board that isn’t collapsible that’s got to be turned around and moved on and the high traffic sidewalk. With the traffic that comes with them that’s what concerns me That being said, if there’s a way to figure out how to kind of navigate that I’m not sure I’d be fully against it I’m going to sit tight I think and have a listen and before I make a decision.
Davis – I’m going to echo a lot of what’s been said already. Clearly, we have to be very careful about discerning the difference between what we think might be a successful run business versus not successful, how do we answer the zoning question on this and I really, I think, to Mr. Kelly’s point. Putting a putting a fairly low traffic business in this location may not be a bad thing. I think there’s some real opportunity here but there’s a couple of problems with this specific business one is access to water, which is the whole point of the product. The size and bulk of the products that will have to be moved in and out and then the elephant in the room, of course, is the parking situation we’ve approved a number of applications throughout the years that I’ve been on the board where we have difficult parking, we have to rely on the public parking lots, we have to rely on street parking that’s readily available or partially available in the downtown etc. This has no parking and every opportunity to have a very negative impact on access on Limroth, which is a private lane. The letter that we received was that it is a private lane they manage the maintenance on it, and if they’re constantly having to deal with people pulling on to it, even to turn around. This creates a negative impact on zone so I’m leaning pretty hard against this application and, sadly, because I love the business idea, I would definitely be a patron is this business, I like it, I just think this is the wrong spot and I’m very sorry to hear that the applicant paid the rent in advance.
Struncius – I mean that summary of how you just put it is exactly where I’m at, I love the business, I think it’s a great business, I think it’s one that should be in our town and would work in our town I just don’t see it where you’re trying to do it, where there’s not one parking spot on the property and your product is 10 feet long. . You know the boards weigh 40 pounds and have to be moved on and off the property, I think Mr. Dixon talked about Broadway being a better location; if this business was like where the dive shop was or where there is access to water. There’s just no ability to manage this product in your location where every time you go to have a delivery or something like that or someone’s going to walk away with it on wheels and you know they’re going by two other restaurants on either side of you, the lane is there. Mr. Dixon makes a great point that there’s no way human nature doesn’t say you’re going to try to pull up your truck right in front of that yellow it’s just not manageable it’s not enforceable, in my opinion, I again I’m like so much like Mr. Davis in that I think you speak very well to your business, you understand your business, you’re going to succeed, I just think it’s the wrong building because there’s no on-site ability to manage what this product is without it being a nuisance, there was nothing particularly you know you didn’t prove to me the suitability of it and that it wouldn’t have a detrimental impact on neighbors and neighboring businesses because it just seems so hard to manage these things, in my opinion, you know I know Jay you feel a little differently. I just can’t see that side of it.
Motion by Mr. Pasola, second by Mr. Kelly to approve application2021-15 Paddle Share LLC – 214 Ocean Avenue – Block 120; Lot 10.01 with conditions
In favor: Kelly and Pasola
Opposed: Dixon, Schneider, Reynolds, McGee and Struncius
Application denied
2018- 27 – White Sands – 1201 – 1205 Ocean Avenue – Block 27 – Lots 1, 4 & 5 – Applicant wishes to demolish two existing single-family dwellings on Lots 4 and 5 located in the SF5 zone and construct a three-story structure. The first floor will contain 28 additional parking spaces, the 2nd and 3rd floors will contain 19 new guest units. The applicant is also requesting to convert 4 rooms from the existing building to staff support facilities and exercise rooms on two levels. The net gain of guest rooms proposed is 34 in total.
Exhibits entered
A -1 – Application package
A-2 – Use variance plan and flood hazard permit plan. Prepared by Millis Looney, P.E., dated 9/2/2020 with no revision date
A-3- Architectural Plans, prepared by Yezzi Associates, dated, 9/21.2020 with no revision date
A-4 – Aerial Plan, prepared by O’Donnell Stanton and associates
A-5 – Original site plan Exhibit, dated 28, 2019, prepared by Yezzi Associated (Sheet 1)
A-6 – Original Site plan exterior Elevations, dated March 23, 2019, prepared by Yezzi Associates (Sheet 6)
A-7 – Proposed Cook-top exhibit – No oven
A-8 – Screen Wall Detail Exhibit, dated 2/26/2021, prepared by Yezzi Associates. (Sheet SK1.0)
Robert Shea, attorney for the applicant. The Chiaia family has owned this hotel for close to 30 years. The applications before the board site is again another example of what the family has attempted to do over the course of the years, and that is to continually. upgrade the hotel present better combinations to them to their guests it’s probably even you know, certainly in not to disparage any other hotel in. Point pleasant beach but it’s one of the nicer hotels, that is, on ocean avenue will maintain it is obviously owner operated for many, many years, as I indicated and again, this is another example of their attempt to upgrade the facility and present more combinations that their guests can enjoy. New rooms bring the facility a little bit more into the 21st century and again to provide an opportunity for young families to come and stay a little longer than a couple of days. So, the application basically tonight is to demolish two single family homes that are on lot four and five, and just to orient you have those two lots are on Washington Ave. The application is to construct a three-story structure with a garage on the first level. Net gain of 21 rooms. Some of the recommendations that came from the board were to perhaps look towards adding some additional parking spaces, which we did find we have 27 new parking spaces being added.
The first significant change was a reduction in the number of units. We were here last time I think seeking 28/29 units again with down to 24 with that net gain of 21. Concern of buffering of residential properties previously and that has been addressed. Some concerns about the gables and the heights and then the appearance of it so he softens the approach of the of the building with some additional architectural elements and also added an interesting architectural feature on the roof, which is a lighthouse and its nonoperational lighthouse is an architectural element.
The purpose of the observation deck was to really give an opportunity for the guest to view the ocean. No alcohol or food would be allowed up there except for the occasional wedding with a limit of 50 guest.
Believe it or not, by demolishing the homes, we have got to conform with more stringent stormwater mandates, which will actually be a benefit to the town and also to the property to conform with these stormwater regulations.
There are a number of use variances that have been requested, as outlined in my report which we will be getting to after our experts.
Chairman Struncius clarified that at some point they will need to let the board know if the ovens are being removed. Robert Shea just wanted to make the board, you know aware again that is something that if the board so inclined, that we would certainly not have any particular issues whatsoever taking that off the table.
Millis Looney, P.E., credentials accepted, reviewed engineering plans. AE9 flood zone.
Referenced exhibit A2. Proposed development will provide 82% of required parking; up from the existing 62% it provides now. Millis Looney reviewed Ray Savacool’s letter and reviewed requested variances. Exhibit A8 shows block buffer wall. Wall will run from Washington to Philadelphia. Mr. Kelly questioned the setback from the residential property to the west. (Measurement was not available) Mr. Kelly has his concerns about access for the fire department.
Audience questions
Vincent Bachetta – 1301 Ocean Avenue – Unit 7 – questioned the width of the sidewalk. He also was concerned with proposed lighting.
Matt Shcafi – 113 Philadelphia Avenue – He questioned where the trash enclosure will be placed. Matt commented that they store trash behind the residential homes on Washington. Matt inquired about increase in coverage – Lot coverage is increasing by 3,000 square feet.
Ed Kavanaugh – Questioned fencing along Washington and will it be setback? (Yes)
Robert Shea waived the time for the application to be heard.
Motion by Secretary Schneider, second by Mr. Kelly to carry application 2018- 27 of the White Sands – 1201 – 1205 Ocean Avenue – Block 27 – Lots 1, 4 & 5 – to May 6, 2021 without notice.
In favor: Kelly, Dixon, Schneider, Reynolds, Pasola, McGee and Struncius
Opposed: None
Meeting adjourned at 10:30pm
Attest: Karen L. Mills, LUA
Clerk to the Board
