November 4, 2021

         November 4, 2021

 

The November 4, 2021 Regular 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: Mr. Kelly, Mr. Dixon, Mr. Loder, Vice chair Reynolds, Mr. Pasola and Ms. Crapser

Absent –   Struncius, Schneider, McGee, Davis and Villani

Also, present –Karen Mills, Clerk, Dennis Galvin, Board attorney ad n Ray Savacool

Court Reporter – Denise Sweet

 

Memorialization of Minutes

Motion by Mr. Loder, second by Mr. Kelly to memorialize the minutes of September 16, 2021 –

In favor: Kelly, Loder, Dixon and Reynolds

Opposed:  None

 

AGENDA

#2021-28 – Diane/Robert Power – 167 Ocean Avenue – Block 129.02’ Lot 10 – Applicant requesting to add deck to front of dwelling requiring bulk variances.

Robert and Diane Powers sworn. Robert Powers explained the deck and how it will visually improve the look of the dwelling. It will give them an area to sit and enjoy the evening.

Secretary Schneider inquired the setback to the stairs?   3.28 feet to stairs

Mr. Dixon inquired about the flood elevation? The deck itself is self-supporting. Also, will get reviewed by the construction department.

Deliberations

Kelly –  This is one of the nicer homes on Ocean. No problems with this.

Dixon – Lines up with the other homes; have no problem with this application.

Schneider – Well maintained house; have no problems.

Reynolds – Familiar with the area; have no issues

Loder – Looking to be in favor of this application.

Villani – I am also in favor

Struncius – agree

Motion by Mr. Loder, second by Mr. Dixon to approve application #2021-28 – Diane/Robert Power – 167 Ocean Avenue with conditions.

In favor:  Kelly, Schneider, Reynolds, Dixon, Loder, Villani and Struncius

Opposed:  None

 

Application approved with conditions

 

#2021-27 – Andrea Tuzzo/ Brian Mehl – 708 Grove Street – Block – 202; Lot 19 – Applicant installed an 8-foot fence where only 6-feet is allowed in rear yard and is requesting to be allowed to keep it. 

John Jackson, attorney for applicant reviewed the fence request.  Applicant is requesting to keep the fence they installed without a permit. It is eight feet in height where 6 feet is allowed.   The fence is separating their property from commercial.  Power point presentation entered as A-3. Photographs show the rear yard.

Brian Mehl, applicant, sworn, reviewed the request and the reasons. He supports the success of the businesses but does not want to view it.

Charlie Cunliffe, Board Engineer stated they need an additional variance for 6 feet in the side yard.

Robert Neill, neighbor, sworn, 706 Grove, stated that he has no objection because he will be looking to do the same thing.

 

Deliberations

Kelly – Under this circumstance  I am not upset but because it is commercial, I will approve; other problem is when we forgive this as a board the neighbor now wants one. This is what we try to avoid. In this case I see the need.

Schneider – I see the commercial situation and see the need.

Reynolds- I think it makes perfect sense. It adds a layer of security. I think there should be an ordinance to change the fence height where there is commercial.  It is a unique area.

Dixon –  I agree with my colleagues – 8 foot fence is good.

Loder – The only issue I have is that you installed the fence without getting approvals. Leaning to vote with my colleagues.

Villani – A little torn because you are asking for forgiveness and I believe trees would block the noise.  I think greenery would have been prettier.

Struncius – Thinks those are excellent points. You just went ahead and put it up. I might have approved it with the commercial component. The process was backwards.

Motion by vice chair Reynolds, second by secretary Schneider to approve application #2021-27 of Andrea Tuzzo/ Brian Mehl – 708 Grove Street with conditions

In favor:  Kelly, Schneider, Reynolds, Dixon, Loder, Villani and Struncius

Opposed:  None

Application approved with conditions

 

 

#2021-25 – Sandy Foukarakis d/b/a Revive – NJ, LLC – 727 Arnold Avenue – Applicant is requesting to have an medi-spa intravenous and intramuscular administration of hydration and supplementation center within existing spa.

John Jackson, attorney for applicant reviewed the application.

Sandy Foukarakis, applicant, sworn, stated she is a Point Pleasant Beach resident, certified physician’s assistant and has a Masters degree.  She and her partner have 11 other locations. Background is emergency management. This is a cash business, no insurance accepted. The IV treatment provides the following:

1. The supplemental nutrients and vitamin treatments that Revive-NJ offers are for people who have low energy, need to recover from an athletic event, to help recover from dehydration and more.

 

2. Each treatment is on average about 45 minutes to 1 hour long. The longest treatments are 2 hours long.

 

3. The hours of operation for the proposed medical spa will be Monday through Friday 8 a.m. to 7 p.m. and Saturday and Sunday 10 a.m. to 6 p.m. Treatment is by appointment only.

 

4.  The proposed medical spa expects to see up to 16 patients a day.

 

5. The Applicant will bring the medical waste to her primary place of work in sharps containers and have Stericycle dispose of the waste.

 

6. The only prescriptions that will be written to patients are for blood work.

 

Professional Planner, John Taikina, sworn, credentials accepted, stated the following.

  1. Requesting a use variance for an intravenous and intramuscular medical spa.
  2. The medical spa is available to patients by appointment only, no walk-ins will be accepted.
  3. Taikina opined that the proposed medical spa is complimentary to the existing spa within the property.
  4. Taikina also opined that the medical spa use is particularly suited for the GC Zone because of its location and because it is consistent with the objectives of the zone.

Conditions

  1. The operating hours of the medical spa shall be Monday through Friday 8 a.m. to no later than 7 p.m. and Saturday and Sunday 10 a.m. to 6 p.m.

 

  1. The medical spa’s medical professional shall not prescribe narcotics to their patients.

 

  1. The Board finds that this use approval is an accessory to the existing spa and if conditions change, the Applicant must come back to the Zoning Board for relief.

 

  1. All medical waste will be removed from the site by the Applicant and will be properly disposed.

 

  1. The medical spa’s medical professional shall not prescribe narcotics to their patients.

 

  1. The Board finds that this use approval is an accessory to the existing spa and if conditions change, the Applicant must come back to the Zoning Board for relief.

 

  1. All medical waste will be removed from the site by the Applicant and will be properly disposed.

 

 

Deliberations

Kelly – Have no problem with this.

Dixon –  I think it is a great idea.

Schneider – I agree – Just can’t all the uses in the zoning. This won’t hurt the town at all.

Reynolds –  I believe it will be transparent to the public. I believe the medical waste will be minimal. I know people that have done it and think it a good thing.

Loder – My colleagues have covered everything and I will be in favor.

Villani – I love the location and think you will get a more affluent group of people and this will be an asset.

Struncius – This was originated as a hangover treatment and it has evolved into more uses. It fits within the spa environment with the health aspects. Cannot think of anything negative.

 

Motion my Mr. Loder, Second by Mr. Dixon to approve #2021-25 – Sandy Foukarakis d/b/a Applicant is requesting to Revive – NJ, LLC – 727 Arnold Avenue – with conditions

In favor:  Kelly, Schneider, Reynolds, Dixon, Loder, Villani and Struncius

Opposed:  None

Application approved with conditions

 

Meeting adjourned at 10:25pm

            Attest: Karen L. Mills, LUA

                         Clerk of the Board