Contact:
Planning Board Clerk Diane L. LaSalle
Category: ZONING BOARD OF ADJUSTMENT MEETINGS
FOR IMMEDIATE RELEASE West Long Branch, NJ - May 21, 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
April 22, 2010
The regular meeting of the Zoning Board of Adjustment of the Borough of West Long Branch was held on April 22, 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. Jelley
Mr. Raddatz
Mr. Villa
Members Absent: Mrs. Anfuso
Mr. Penta
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 March 25, 2010, regular meeting with the following change, on page 4, first line, “HJomza” should be “Homza”, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Raddatz, Mr. Villa
NAYES: None
NOT POLLED: Mr. Jelley
Mr. Villa moved to approve the minutes of the March 25, 2010, Executive Session meeting as submitted, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Raddatz, Mr. Villa
NAYES: None
NOT POLLED: Mr. Jelley
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. Ms. Heard was sworn in to testify as Board Engineer.
Mr. Hicks explained that R’Bounce is a children’s recreational and party facility. Applicant plans to add to an existing room located in the rear of the building eight video games and an air hockey machine, which constitutes the space as an arcade. This arcade would add a benefit to his customers, will not be open to the general public and will only be usable by the customers of the R’Bounce facility.
Richard Joseph Neale, principle of R-Bounce, LLC, was sworn in to testify on behalf of applicant.
Exhibit A-1, Floor Plan of Existing Facility, was entered into evidence.
Mr. Neale testified that his facility consists of inflatables for children’s recreational use. He would like to install video game machines for use by his customers, which will be located in a 40’ x 20’ area located at the rear of his store. He plans to start with eight to 10 machines; approximately 20 machines can fit comfortably in the area, depending upon the size of the machines. The machines will be token operated, however, the customer must purchase a bracelet for the R’Bounce facility prior to obtaining tokens.
Mr. Neale stated that his facility is inspected by the State of New Jersey and that all employees are certified. The facility is monitored both by camera and manned. He described the business as a clean, respectable place.
The hours of operation for R-Bounce is 10:00 AM to 5:00 PM daily during the winter months, and 10:00 AM to 8:00 PM during the summer months. Customers’ ages range from toddler to age 16.
No additional exterior changes or signage are proposed. There will be no change in parking. Employee parking is located in the rear of the building.
Mr. Aria read into the record a letter from Charles Shirley, Fire Official, dated January 13, 2010,, stating that he has no issues or objections to this application.
The Board discussed limiting the square footage and leaving the layout and number of games to the fire codes.
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 grant the “D” variance relief for 800 s.f. for use as the game room, waiver of site plan, and conditioned that it will not exceed 800 s.f. located in the rear of the property as depicted on A-1, hours of operation will remain, the room will be monitored and manned and open only to customers of the main facility, seconded by Mr. Aria and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
George Parlarios, 71 Oceanport Avenue, Block 12, Lots 7, 1 – Use and Lot Area (2010-05): Mrs. Hughes stepped down from hearing this matter. James Siciliano, Esq., appeared on behalf of applicant.
Exhibit A-1, Site Plan dated December 2, 2009, was entered into evidence.
Mr. Siciiano explained that applicant purchased the property as-is several years ago. He has not been comfortable with the front entrance, and the major part of this application is to create a new entrance utilizing the existing setback. Also proposed is an outside deck on the north side of the building for dining and smoking area. There is currently no place to allow smoking, and the proposed deck would eliminate the congregating of patrons outside the front entrance to smoke.
Dimitrios G. Parlarios, Principle of Zachary’s Restaurant, was sworn in to testify. Mr. Parlarios stated that his father purchased the property in 1996 in the exact condition that it is today, interior and exterior, as a turn-key operation.
Exhibit A-2, Photo of Front of Restaurant, was entered into evidence.
Mr. Parlarios explained that the front entrance is very difficult to identify and customers are confused as to where the front entrance is located. Applicant proposes to spruce up the entrance and give it a new look. A minor update of the interior is also proposed. A deck is proposed off the north side of the restaurant (dining room) and will be utilized for outside dining and for smoking. This will isolate smokers from the doorways without disturbing other patrons. Mr. Parlarios stated that this location is the only possible area for this deck.
Exhibit A-3, Front North of North End, was entered into evidence.
Mr. Parlarios stated that this application is not proposed to expand the dining area in terms of tables or seats, it is not an expansion of the restaurant—it is cosmetic and rearrangement. No changes are proposed to the parking lot and landscaping in the area of the parking lot.
Exhibit A-4, Photo of View of Neighbor to the North that Deck Would Face (auto repair business), was entered into evidence.
Mr. Parlarios testified that customers have been requesting this type of area (smoking deck) for many years.
With regard to the storage sheds located in the rear of the property, Mr. Parlarios stated that one is for landscaping and maintenance equipment and the other is used as a prep kitchen.
It was noted that there was no one present in the audience at this time.
Jack A. Purvis, AIA, was sworn in to testify on behalf of applicant. Mr. Purvis had prepared Exhibit A-1, and described the new front entrance. He commented that applicant is trying to expand the entry vestibule. Mr. Purvis also described the smoking deck.
Mr. Purvis testified that applicant is seeking to change the exterior with a new façade. He will update the interior with new furniture, paint and wallpaper. There will be no change in the amount of parking or the number of seating. The deck will have no heat and will not be winterized. It will be level with the floor elevation.. There will be no access to the deck from outside. The driveway on the north side will be narrowed.
Exhibit A-5, Photo of Front Entrance, was entered into evidence.
Mr. Aria read into the record a letter dated January 17, 2 010, from Brian Kramer, Police Traffic Safety Bureau, stating that parking requirements are accessible.
Applicant will conform to the condition of the Board Engineer regarding handicap accessibility.
Variances required are as follows:
• “D” variance for expansion of non-conforming use
• Lot area, .9 acres proposed, one acre required
• Pre-existing setback
• Lot coverage, 87% existing, 88% proposed
• Accessory structures, pre-existing
• Buffers, pre-existing, non-conforming
• Fences, pre-existing
• Loading spaces
All HVAC equipment located on the roof will be screened.
At this time, Mr. Siciliano stated that applicant will amend its application to include variances identified in the Board Engineer’s report. Applicant will comply with the completeness items.
Comments from the Board were as follows:
Mr. Raddatz felt that this is a good proposal, that it will help the restaurant and the flow of the people. He expressed concern about the amount of people standing on the smoking deck. He would be in favor of approving this application. Mr. Parlarios replied that if the deck gets too crowded, the dining tables would be removed. The deck is limited to 20 patrons.
Mrs. Blake questioned the use of ashtrays. Mr. Parlarios stated that appropriate ashtrays will be available on the deck and in front of the restaurant.
Mr. Villa moved to approve the application based upon the stipulations that the Board has added, seconded by Mr. Raddatz and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
Mrs. Hughes resumed her seat on the Board.
Lutheran Church of the Reformation, 992 Broadway, Block 79, Lots 1,2,3,4 - Resolution (2010-02): The resolution was read into the record by title only. Mr. Raddatz moved to approve the resolution as submitted, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mrs. Blake, Mr. Villa, Mr. Aria, Mr. Bostwick, Mrs. Hughes, Mr. Raddatz
NAYES: None
NOT POLLED: Mr. Jelley
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mrs. Hughes, Mr. Penta, Mr. Raddatz, Mr. Villa
ADJOURNMENT
There being no other business before the Board, the meeting was adjourned at 9:35 PM upon unanimous consent of the Board.
Respectfully submitted,
Diane L. LaSalle