Contact:
Planning Board Clerk Diane L. LaSalle
Category: ZONING BOARD OF ADJUSTMENT MEETINGS
FOR IMMEDIATE RELEASE West Long Branch, NJ - April 14, 2010
NOTE: The minutes of this meeting may be corrected and/or amended by the Board and will be approved at the next regular meeting. The corrections and/or amendments will be reported in the minutes of the next regular meeting.
REGULAR MEETING OF THE
ZONING BOARD OF ADJUSTMENT
OF THE BOROUGH OF WEST LONG BRANCH
March 25, 2010
The regular meeting of the Zoning Board of Adjustment of the Borough of West Long Branch was held on March 25, 2010, at 7:30 PM at the West Long Branch Borough Hall. Adequate notice of the meeting was posted and published in accordance with the Open Public Meeting Law.
Members Present: Mr. Aria
Mrs. Blake
Mr. Bostwick
Mrs. Hughes
Mr. Penta
Mr. Raddatz
Mr. Villa
Members Absent: Mrs. Anfuso
Mr. Jelley
Others Present: Michael Irene, Esq.
Bonnie Heard, P.E.
Lisa Norman, C.S.R.
REVIEW AND APPROVAL OF THE MINUTES
Mr. Bostwick moved to approve the minutes of the January 21, 2010, regular meeting as submitted, seconded by Mr. Penta and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Villa
NAYES: None
NOT POLLED: Mr. Raddatz
MATTERS BEFORE THE BOARD
R’Bounce, LLC, 175B Locust Avenue, Block 19, Lot 50 - Use Variance and Waiver of Site Plan – 2010-04: Robert Hicks, Esq., appeared on behalf of applicant. Due to lack of notice, Mr. Hicks requested this matter be carried to the April 22, 2010, meeting. Mr. Hicks waived all time requirements.
Mr. Raddatz moved to carry this matter to the April 22, 2010, regular meeting, subject to applicant issuing notice and granting stipulation of time, seconded by Mr. Aria and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
Nicholas Ravaschiere, 40 and 48 No. Linden Avenue, Block 13, Lots 28, 29 – Expansion of Use and Minor Subdivision (2010-03): Mr. Irene explained that this matter was originally submitted to the Planning Board; however, because “D” variance relief is necessary, has been brought to this Board. The application was not amended, and questions regarding all parties in ownership have arisen. This matter does not appear to be ready to be presented to the Board at this time. This matter should be carried to a date subject to the application being amended and subject to the applicant consenting to stipulation of extension of time to act, and failure of applicant to do so will result in dismissal for lack of jurisdiction.
Mr. Aria moved to carry this matter to the May 27, 2010, regular meeting with subject to applicant issuing notice and granting stipulation of time, seconded by Mr. Bostwick and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
WLB (Suzan) Enterprises, LLC, 379 Monmouth Road, Block 60, Lot 66 – Use Variance (2010-01): Mr. Aria stepped down from hearing this matter. Erik Muller, Esq., appeared on behalf of applicant. Daniel Himelman, Esq., appeared on behalf of MacDonald’s and Savco, owner of the MacDonald’s location. Ms. Heard was sworn in to testify as Board Engineer.
Exhibits A-1, Use Variance Plans prepared by Charles Surmonte dated 3/10/10; and A-2, Two-sided Photo Board consisting of 11 Photos, were entered into evidence.
Mr. Muller explained that applicant, owner of 379 Monmouth Road, proposes to provide a food service to the surrounding community, 70%-80% will consist of delivery, 20%-30% will be take-out, with limited tables for eat-in. The property consists of a two-story building, the second story will be used for office and storage space for applicant. The building has been empty for approximately one and a half years and was previously used as a dry-cleaner business. It has been fully renovated by applicant.
The property is located in the Neighborhood/Commercial (N/C) zone and is surrounded on three sides by municipal uses. There are several food uses within close proximity of this establishment.
Ethen Eriske, Managing Member of Suzan Enterprises, 379 Monmouth Road, was sworn in to testify. Mr. Eriske stated that he previously owned the gas station next door and purchased the building during that time. At the time of purchase, there was a dry cleaner establishment on the first floor and an organized club-type use on the second floor. The property was in very poor condition when he purchased it for $160,000, and he completely renovated and repaired the property for approximately $200,000. The building is currently empty and not being used. He proposes to use the property for a Turkish-style food establishment, very simple with a couple of small tables, mostly take-out and delivery. He targets his primary customers to be Monmouth University students. He proposes hours of operation to be 12:00 PM to 1:00 AM, seven days a week. The business will consist of one cook, one or two delivery people, one cashier.
Mr. Eriske testified that six or seven of the parking spaces on site are currently being used by the municipal employees. There are no easements on record for the use of the driveway, which is used by the municipality to access their garages in the rear. Discussion ensued regarding a definitive easement agreement with the Borough of West Long Branch for access rights by applicant.
With regard to parking, Mr. Eriske stated that there are eight parking spaces, seven of which are used by municipal employees. He has permission from the next door gas station owner for his four employees to park on that site. Mr. Eriske will provide the Board with a confirmation letter from the gas station owner to that effect. He anticipates approximately 30 deliveries out to the community per day.
The meeting was opened to the public.
Mr. Himelman asked Mr. Eriske if he was aware zoning at the time he purchased the property, and what his intentions for the property at that time. Mr. Eriske replied that the zoning of the property was not clear. He did intend to utilize the property as a dry cleaning business, but decided differently because there are at least two other dry cleaners in close proximity of his property. He did not try to use the building for its permitted use.
There being no one else wishing to speak, the meeting was closed to the public.
Applicant will comply with the sign ordinance.
Victor Furmanec, P.P., was sworn in to testify on behalf of applicant. Mr. Furmanec described the property as a 4,000 s.f. building situated at the intersection of Monmouth Road and Cedar Avenue. There is no driveway providing access to the property. There are six parking spaces only accessible by driving onto the adjacent Public Works property and two spaces on the north side parallel to the building.
Mr. Furmanec testified that the area is mixed use, commercial and residential. It is his opinion that the proposed use fits in well with this neighborhood as evidenced by other residents in the area in terms of its operation and use characteristics.
With regard to the Master Plan, the property was zoned R-22; however, the site was not suitable for residential use and has historically been used as commercial. Eleven parking spaces are required for the proposed use, eight spaces are provided. Four employees will park at the next door gas station.
Variances required:
• Lot area, 4,059 s.f. existing
• Lot width, 150’ required, 52.5’ existing
• Front yard setback, 35’ required, 0’ existing
• Side yard setback, 10’ required, south 6.7’ existing
• Total side yard setback, 25’ required, 24’ existing
• Building coverage, 40% required, 25.2% existing
• Impervious coverage, 65% required, 100% existing
• Loading zone
• Buffer
It is Mr. Furmanec’s professional opinion that the primary detriment to the public is the parking
situation, otherwise, he sees no substantial detriment to the public.
Mr. Bostwick moved to carry this matter to the May 27, 2010, regular meeting without the need for renotice; applicant waives all time requirements, seconded by Mr. Penta and carried upon the following roll cal vote:
AYES: Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
Mr. Aria resumed his seat on the Board.
Lutheran Church of the Reformation, 992 Broadway, Block 79, Lots 1,2,3,4, Bulk Variances (2010-02): Peter Koenig, Esq., appeared on behalf of applicant; John J. Hopkins, Esq., 7 Chestnut Place, appeared as an objector. Ms. Heard was sworn in to testify as the Board Engineer.
Mr. Koenig explained that due to a prior resolution of the Board dated march 2002, there was a 0’ lot line along the south property line for a parking lot. There is a 4’-5’ vegetative buffer zone to the residential property to be planted with noise and sight obscuring vegetation.
Bill HJomza, former President of the Church Council, was sworn in to testify. Mr. Homza stated that 6’ arborvitae or similar shrubbery will be recommended to the Church Council for a solid landscape screen. The screen will not be less than 6’ high at maturity.
Mr. Hopkins was satisfied with this proposal and had no further objection to the application.
Mr. Koenig continued that applicant proposes work on two entrances on the Broadway side of the building. At the main entrance, applicant proposes to bring the front doors outward in the direction of Broadway to create a larger vestibule which can facilitate handicap access. The original main entrance to the building will be eliminated and replaced with a bay window and bookshelves.
Ron Appleton, member of the Church for over 30 years and builder, was sworn in to testify. Mr. Appleton stated that applicant proposes to replace many of the windows with energy efficient stained glass. The vestibule will be expanded to make it more handicap accessible. The main entrance doors will be moved slightly toward Broadway on the existing concrete porch area. The original main entrance which is no longer used will be closed and the doors will be replaced with a bay window and shelving. This will provide additional security for the church members. The bay window will not encroach on what is in the area now. No changes are proposed for the site. Mr. Appleton testified that the entrance on the parking lot side is handicap accessible.
The meeting was opened to the public. There being no one wishing to speak, the meeting was closed to the public.
Comments from the Board were as follows:
Mr. Bostwick felt that applicant is enhancing the exterior and bringing it up to code, as well as making it more energy efficient.
Mr. Aria sees no detriment to the community. By closing the original entrance, applicant will make it safer for the children in the Church community. Applicant is also making the building more energy efficient.
The meeting was opened to the public. There being no one wishing to speak, the meeting was closed to the public.
Mr. Raddatz moved to approve the variances requested in this application, “D” variance relief for expansion of the use, bulk for front yard setback, and waiver of site plan with the condition of adding the buffer, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mrs. Blake, Mr. Villa, Mr. Aria, Mr. Bostwick, Mr. Penta, Mrs. Hughes, Mr. Raddatz
NAYES: None
52 North Linden Avenue, LLC, Block 13, Lot 26 – Bulk Variances: The resolution was read into the record by title only. Mr. Villa moved to approve the resolution as submitted, seconded by Mr. Penta and carried upon the following roll call vote:
AYES: Mr. Bostwick, Mr. Penta, Mr. Villa
NAYES: None
NOT POLLED: Mr. Aria, Mrs. Blake, Mrs. Hughes, Mr. Raddatz
Frank and Marilyn Riley, 76 Rivington Avenue, Block 4, Lot 11 – Bulk Variances: The resolution was read into the record by title only. Mr. Penta moved to approve the resolution as submitted, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mrs. Hughes, Mr. Penta, Mr. Villa
NAYES: None
NOT POLLED: Mr. Bostwick, Mr. Raddatz
Lee’s Garage, Inc., Block 13, Lots 11, 12, 13, 14, 14A and 15 – Regarding Applicability of the Permit Extension Act of 2008: The resolution was read into the record by title only. Mr. Aria moved to approve the resolution as submitted, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
Martin McDonald Development Group, LLC, Block 23, Lots 1, 2, 3, 22.01, 24, 25 and 26 – Regarding Applicability of the Permit Extension Act of 2008: The resolution was read into the record by title only. Mr. Aria moved to approve the resolution as submitted, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
EXECUTIVE SESSION
The meeting as convened at 10:35 PM by motion made by Mr. Aria, seconded by Mr. Bostwick and carried upon the following roll call vote to enter Executive Session for the purpose of discussing a personnel issue:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
The meeting was reconvened at 10:50 PM.
ADJOURNMENT
There being no other business before the Board, the meeting was adjourned at 10:51 PM upon unanimous consent of the Board.
Respectfully submitted,
Diane L. LaSalle