Borough of Point Pleasant Beach REGULAR MEETING
The May 20, 2021 regular virtual 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, Mr. Dixon, Secretary Schneider, Mr. Loder, Mr. Davis and Ms. Crasper
Also, present: Dennis Galvin, Ray Savacool and Karen Mills
Court Reporter – Denise Sweet
Absent – Pasola, Struncius, McGee and Villani
Memorialization of Minutes
Motion by Mr. Loder, second by Secretary Schneider to memorialize the minutes of April 15, 2021
In favor: Kelly, Reynolds, Schneider, Loder, Davis and Crasper
Opposed: None
Memorialize Resolutions
Motion by Secretary Schneider, second by Mr. Kelly to memorialize the action and vote approving application 2021-10 of 612 Forman Avenue, LLC – 612 Forman Avenue – certifying it as a pre-excising non-conforming three family property. (2 in front and 1 in the rear of the property)
In favor: Kelly, Reynolds, Schneider, Loder and Davis
Opposed: none
Applications
2021-13 – Jacqueline Cassidy – 3 Danby – Block 121; lot 2.05 – Applicant is appealing the Zoning officer’s determination that the roof top deck aggravates the pre-existing non-conformities.
Jacqueline Cassidy, applicant, sworn, reviewed her request for a roof top deck. They have 2 roofs and would like to put it on the smaller roof. Existing dwelling does not conform to required setbacks. The deck itself does not violate any ordinance requirements. Ray Savacool explained that the roof already encroaches, so this slightly intensifies the encroachment.
No audience questions
Deliberations
Kelly – Walked the property – doesn’t look there is any significant problem with it. Does not look like it will block any light or air.
Schneider – It is very small – no problems with it.
Loder – I think the changes are deminimis – in favor
Davis – Overall foot print remains the same – it is deminimis – in favor
Crasper – No issues with application
Reynolds – No change to the foot print and it is underneath the height requirements. I agree with the board – no issues
Motion by Mr. Loder, second by Mr. Kelly to approve application #2021-13 of Jacqueline Kennedy at 3 Danby with conditions.
In favor: Kelly, Schneider, Loder, Davis, Crasper and Reynolds
Opposed: None
Application approved with conditions
2021-11 – McDonald’s – 504 B Sea Avenue – Block 177- Lot 1 – Applicant wishes to improve services by installing updated menu boards.
McDonald’s proposed 12 trees staggered in a 6 by 6 formation to replace removed tree to shield the light. This is to address the objection by the neighbor and Mr. Roy their attorney. The neighbor is prepared to remove the objection. Mr. Brian Wolfson represents McDonalds.
Douglas Grisco, Professional Engineer for McDonalds, credentials accepted, reviewed proposal. New menu boards will adjust the light to the time of day. Boards are pre-programmed to go into sleep mode. Menu board is 20sf; pre-browse board is 9.8 sf.
Reduction in square footage from existing signage. Gap on Charleston will be filled with arborvitae to block light spillage to be reviewed by board engineer. Ray Savacool is concerned with the site lighting; concerned with the tilt of the pole lights. Dennis Galvin stated you can see their lights from the ocean. Douglas Grisco stated the lights can be adjusted. Hours of operation are 7am till 11pm. Mr. Davis inquired if the light level on the boards can be adjusted if needed? (Yes)Mr. Kelly requested a condition of no advertising; limit to the menu board – no animation.
Dan Linnell – representative from ATT – sworn, stated that the boards do not have animation – just changes for the orders.
Audience questions
Alan Paley – 513 Delaware – questioned if the pre-browse board changes. (No)
Questioned if the volume can be lowered. (Yes)
Paul Ricci, professional Planner, sworn, credentials accepted, reviewed positive and negative criteria.
No audience questions
Deliberations
Kelly – commends owners – this is one of the nicest drive throughs
Schneider – Thinks this is a testimony to McDonalds that only one neighbor came out.
Loder – I Agree with Mr. Schneider that the applicant is willing to work with the neighbors. Looking favorably on this application
Dixon – very well-presented application and will make the area nicer for the residents
Davis – Agrees the criteria for a “D” variance has been met. Site lighting being adjusted and arborvitae being planted. Do not see a negative impact in any way.
Crasper – several reasons to approve this application. Improvement in landscaping and lighting.
Reynolds – McDonalds has been a longstanding business intown. Greatly appreciate they have spoken to the neighbors and addressed their concerns.
Motion by Mr. Kelly, second by secretary Schneider to approve application 2021-11 of McDonalds with conditions.
In favor: Kelly, Schneider, Dixon, Loder, Davis, Crasper and Reynolds
Opposed: None
Application approved with conditions
2021-14 – 524 Arnold Avenue Associates, LLC. – Block 63; Lots 4 through 8 – Applicant is requesting a use variance to deter from resolution allowing storage for Wine Point in the basement and to have businesses allowed along with storage.
Jillian McLeer, attorney for applicant, reviewed application. The applicant is looking to utilize basement for 3 separate storage areas and change signage. John Bezerra, applicant, sworn, stated he purchased the building in 2008. John Bezerra stated he has been renting the basement out since 2015. He also has a freezer that he uses for his business in the basement. The basement tenants receive minimal deliveries.
Ray Savacool clarified that the original approval stated the basement would be used for storage for the wine outlet.
John Bezerra stated the hot yoga sign from front and side will be removed – Benjamin Moore and the wine outlet will remain. No signage will be placed on the second level.
No audience questions
Mike Cannon, Professional Engineer, sworn, credentials accepted, reviewed his variance plan. The property is adding 3 parking spaces by removing a utility pole. The delivery vehicles are generally small trucks and they can certainly accommodate the radius turning movements in this parking lot from the corner of the parking stalls we have approximately 27 feet.
Gregory Cox, Professional architect/Professional planner reviewed proposed signage. One of the signs is a hanging sign located 10 feet back from intersection but seen from traffic light. Feels the sign is more in keeping with new sign ordinance and with the style of the building. Hanging sign is 5.8 square feet which is reducing square footage of existing signage. Monument sign is allowed to be 50 square feet, and it is 23.4 square feet which is way under allowable.
Mr. Kelly asked for clarification of placement of hanging sign – Greg Cox replied that It would be located above the break and the arm of the sign would be on the tutor section of the building, but, as you can see here would be more than eight feet above the street. Sign will be hanging on west side of building and the paint sign will be below and closer to intersection. Hanging sign will be one foot off the building – 8 feet above side walk.
From a planning point he would like to put the issues together. Do not believe there would be a negative impact on the Master Plan by allowing storage in the basement. Hasn’t created any parking or traffic issues. Highlight’s “G” of special reasons – having ability for storage space is an appropriate use for a basement in the downtown area. Not a competing use for any uses in the downtown. The signage highlight item “I” providing a pleasant visual environment and item “J” highlights existing architecture. Advances the purpose of the Master Plan and also, we are adding parking. There will be no permanent employees in the basement. Not an area to be occupied like a store – not the intention.
Mr. Davis is concerned that once the variance is granted there is no control on how those spaces will be utilized. A new owner might use the space for chemicals storage – how do you keep a lid on it and keep the enhancement to the zone. Greg Cox replied that what is allowed to be stored is noted in the building code. Believes it would be up to code enforcement to enforce. Mr. Davis inquired how we craft the verbiage to ensure that control. Dennis Galvin is not quite sure but that space cannot be used for a store. Storage is boxes on a shelf. John Bezerra stated there is a fire inspection yearly to ensure compliance. Dennis Galvin replied that we are afraid of unknowns. Ray Savacool stated that flammable products and manufacturing is not allowed; used for only commercial storage so it doesn’t become a self-storage facility.
Jillian McLeer stated the applicant is fine with the proposed verbiage. Mr. Kelly stated the owner should be supervising his tenants. Jillian McLeer reminded the board that John Bezerra will also have personal storage and then strictly commercial storage. We do not want anyone full time sitting in the basement. It is storage – you come in and get what you want and leave.
No audience questions
Deliberations
Kelly – To me storage implies dark concrete walls and general space; I remember this building being well lit. I can certainly understand why someone would want to use it for storage. I think it should be used accordingly.
Schneider – As you can see the structure is well maintained. There will always be an issue with parking. I think the signage is an improvement. I find this totally acceptable.
Loder – The thing bothering me is the applicant put a freezer in there without approval. I will see what other board members comment.
Dixon – I understand small businesses having a difficult time and here we have a basement using it for storage. Not selling anything out of there. What happens down the road will be controlled with conditions. Leaning towards approval.
Davis- I believe with the restrictions in place it is all well and good. Time to enhance the signage for this building; it is the iconic entrance for the town. We have an have an applicant who has maintained the building. As long as storage is kept under control, I have no issues.
Crasper – With the restrictions in place for the storage I really have no issues.
Reynolds – I think this is an efficient use of space; with the conditions in use restricting flammables, I have no issues. Never knew it existed – have no objections to this.
Conditions
- The three existing signs above the brick shall be removed.
- The storage area will be limited to John Bezzera’s personal storage and commercial storage.
- There shall not be any full-time employees working in the basement.
- There shall not be any flammable or hazardous materials stored in the basement.
- There shall be no manufacturing of any kind in the basement.
- This approval is subject to the Applicant obtaining all required building permits for the use of the basement storage area.
In reference to litigation; Resolution #2019—07 – Ippolito Corporation – 1414 Ocean Avenue – Resolution was amended to include board members deliberations and readopted.
In reference to the litigation with the Ippolito corp. Dennis Galvin stated he was directed by the Judge to revise the resolution to include more board member deliberations. You look at the very end after all the information is before the conclusions of law, you’ll see that your names are listed.
Motion by Mr. Dixon, second by secretary Schneider to re-adopt resolution #2010-07 of the Ippolito corporation with deliberations amended.
In favor: Kelly Schneider, Reynolds, Dixon and Davis
Opposed: None
Resolution amended
Meeting adjourned at 10:20pm
Attest: Karen L. Mills, LUA
Clerk of the Board
