Borough of Point Pleasant Beach December 4, 2019 PB Regular Meeting minutes
The December 4, 2019 meeting of the Point Pleasant Beach Planning Board opened at 7:00 pm. The Clerk read the notice of compliance with the "Open Public Meetings Act. Present were Board members: Mr. Ritchings, Vice Chair Russell, Chairman Ammirata, Councilman Migut, Mr. Babbini, Mr. Bixby and Ms. Villani
Absent: Mr. Tighe and Mr. Gant
Motion by Mr. Russell, second by Mr. Bixby to memorialize the minutes of November 6, 2019
In favor: Russell, Babbini, Bixby and Ammirata
Opposed: None
Motion by Mr. Babbini, second by Vice chair Russell to Memorialize Application #2019-411 of Cassie Childers Trust – 809 Trenton Avenue – Block 91.03; Lot 1 – Applicant requesting to sub-divide 1 lot into three lots.
In favor: Russell, Babbini, Bixby and Ammirata
Opposed: None
Application #2019-413 – (Bezzerra) 524 – 526 Arnold Avenue – Block 89; Lot 4,5,6,7, and 8 – GC zone – Applicant requesting relief from prior conditions imposed by resolution #2013-358 because the applicant is looking to utilize the basement for storage for other businesses.
Jillian McLeer, attorney for applicant, reviewed the applicants request to amend a condition on a prior resolution. Power Point Presentation entered as exhibit A-3.
Mr. Bezerra, applicant, sworn stated that he has been utilizing the storage space for two other businesses. Original resolution states the storage space was to be utilized for Wine Point. Mr. Bezerra has a plumbing company and T-shirt company operating out of the basement along with his freezer for his business. Mr. Bezerra stated that the plumbing company has employees utilizing the space a few times a day, the T-shirt company might do shipments a few times a month. T-shirt company has been there since May of 2016 and the plumbing company has been there since 2018. Mr. Bezerra stated that no customers frequent the businesses; it is just employees utilizing the area.
Mr. Bezerra stated that per his agreement with Joe Leone that employees park off site. Mr.
Bezerra stated that there is no signage. When Wine Point moved in, he removed the center stair case. Jillian McLeer thinks the condition is vague and that it wasn’t specific storage to the Wine Outlet.
Ray Savacool stated that the Zoning officer stated that the use is a principal use that should be heard by the Zoning Board. He is running a separate business apart from the Wine Outlet and storage is not permitted in the zone as benign as the business is. Councilman Migut clarified the reference. Ray Savacool stated if it was retail that it would be a permitted use and the board could hear it.
Councilman Migut stated that the Planning Board cannot give permission for a non-permitted use. Ms. Villani believes that storage in the previous resolution was meant for the Wine Outlet. Councilman Migut said there was no affirmative act by the board. Chairman Ammirata said that it is not our jurisdiction to talk about a non-permitted use. Councilman Migut believes that the matter should be tabled.
Mr. Bezerra stated that a third of the basement used to be utilized for retail; they decided to change the basement to storage. Chairman Ammirata stated that if it was Wine Point it would be permitted. Mr. Savacool stated he crossed the line when he decided to have a separate entity down there.
Jillian McLeer stated that it will be a financial burden to go before the zoning board. Chairman Ammirata said the matter should be tabled and get clarification on what board it should go to.
Councilman Migut made the motion to table the matter. Ray Savacool stated that the issue was originally made by the fire official. The Board can remove the condition but that does not give Mr. Bezerra the right to operate other businesses in the basement.
Jillian McLeer said they are looking for an interpretation of the condition. Councilman Migut stated that allowing a non-permitted use in the zone is a “D” variance and cannot be heard by the Planning Board.
Motion by Councilman Migut, second on the motion by Mr. Bixby to carry application #2019-413 – (Bezzerra) 524 – 526 Arnold Avenue – to January 8, 2020 without notice.
In favor: Ritchings, Babbini, Russell, Migut, Bixby, Villani and Ammirata
Opposed: None
Meeting adjourned at 8:10pm
Attest: Karen L. Mills, LUA
Clerk/Secretary of the Board
Clerk of the Board
