Contact:
Planning Board Clerk Diane L. LaSalle
Category: ZONING BOARD OF ADJUSTMENT MEETINGS
FOR IMMEDIATE RELEASE West Long Branch, NJ - June 16, 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
May 27, 2010
The regular meeting of the Zoning Board of Adjustment of the Borough of West Long Branch was held on May 27, 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. Bostwick
Mrs. Hughes
Mr. Jelley
Mr. Penta
Mr. Raddatz
Mr. Villa
Members Absent: Mr. Aria
Mrs. Anfuso
Mrs. Blake
Others Present: Michael Irene, Esq.
Bonnie Heard, P.E.
Lisa Norman, C.S.R.
Mr. Bostwick assumed the role of Chair in the absence of Mr. Aria.
REVIEW AND APPROVAL OF THE MINUTES
The minutes of the April 22, 2010, were corrected as follows:
On page 1, Review and Approval of the Minutes, Executive Session meeting vote should reflect that Mr. Villa made the motion and Mr. Raddatz seconded. On page 2, sixth paragraph, first line, “is” should be changed to “are”; Eighth paragraph, the comma at the end of the first line should be omitted; and on the first line of the last paragraph, “Siciiano” should be changed to “Siciliano”. On page 3, eleventh paragraph, fourth line, the extra comma should be removed from the end of the first sentence; thirteenth paragraph, first line, the extra space should be removed from “2010”. On page 4, “Lutheran Church of the Reformation, the last “AYES” vote should be omitted.
Mr. Villa moved to approve the minutes of the April 22, 2010, regular meeting as corrected, seconded by Mrs. Hughes and carried upon the following roll call vote:
AYES: Mr. Bostwick, Mrs. Hughes, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
NOT POLLED: Mr. Penta
MATTERS BEFORE THE BOARD
Nicholas Ravaschiere, 40 and 48 No. Linden Avenue, Block 13, Lots 28, 29 – Expansion of Use, Minor Subdivision (2010-03): Mr. Irene reported that he had received correspondence from applicant’s attorney advising that applicant is awaiting revised plans and requested the matter be carried without notice until the next regular meeting.
Mr. Penta moved that this matter be carried to the June 24, 2010, regular meeting, and that applicant must make notice for the meeting, seconded by Mr. Raddatz and carried upon the following roll call vote:
AYES: Mr. Bostwick, Mrs. Hughes, Mr. Jelley, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
WLB (Suzan) Enterprises, LLC, 379 Monmouth Road, Block 60, Lot 66 – Use Variance (2010-01): Eric Muller, Esq., appeared on behalf of applicant; Daniel Himelman, Esq., appeared on behalf of objector McDonald’s Corporation and Savco.
As a result of comments made by the Board at the March 2010 meeting, Mr. Muller stated that he contacted the Governing Body to determine if there are any future plans by them to surround the subject property with a fence. The Borough Council informed Mr. Muller that the Borough does not plan to surround the property with a fence, and that the Borough does not give easements. Mr. Muller felt that he did not receive definitive answers from the Governing Body to his questions regarding the property.
Ethen Eriske, Managing Member of Suzan Enterprises, LLC, continued testimony. Mr. Eriske stated that his employees will arrive at 11:00 AM and begin serving food at 12:00 Noon. The establishment will remain open until Midnight or1:00 AM, with the employees leaving by 1:30 AM. Mr. Eriske anticipates 80% of his customers to be Monmouth University students. His menu will consist mainly of Turkish sandwiches and gyros. Trash pick-up will be twice weekly, two yard dumpsters, prior to 6:00 AM. The trash hauler will also pick up recyclables. The dumpster area will be enclosed with solid vinyl fencing.
Exhibit A-3, Container Model, was entered into evidence.
Mr. Eriske stated that the second floor of the building will be used as his office and possibly for dry goods storage for the business.
The meeting was opened to the public.
Mr. Himelman asked how many parking spaces are proposed, how many employees for the establishment, and whether tables are proposed. Mr. Eriske replied that eight parking spaces and one handicap space are proposed; there will be three or four employees; and a couple of tables and a few chairs will be set up for customers while they wait for their food. Eating in the establishment will not be prohibited; however, there will be no table service.
In answer to other questions by Mr. Himelman, Mr. Eriske stated that there will be handicap accessible bathroom facilities; the air conditioning equipment will be located in the same location as the trash enclosure, and the second floor will only be used in relation to the restaurant.
There being no one else wishing to speak, the meeting was closed to the public.
The Board requested Mr. Eriske provide a floor plan of the proposed restaurant for their review.
Charles Surmonte, LPE, LS, was sworn in to testify on behalf of applicant. Explaining changes made to the plans, Mr. Surmonte testified that the air conditioning units have been relocated to the extreme southern end of the building.
Exhibit A-4, Revised Plan, was entered into evidence.
The handicap parking spaces have been relocated to the rear of the building, and the proposed parking has been reduced to seven spaces. At the Board’s recommendation, a railing will be installed on the north side from the entrance, extending to the rear. It is Mr. Surmonte’s opinion that the drive in front of the entrance should be one-way.
The meeting was opened to the public. There being no one wishing to speak, the meeting was closed to the public.
Victor Furmanec, PP, was sworn in to testify on behalf of applicant. Mr. Furmanec testified that applicant is seeking a conditional use in a Neighborhood/Commercial Zone for an eating and drinking facility. A variance is requested for parking, 11 spaces are required, seven spaces are proposed. The property is located within 1,000’ of a house of worship, 900’ requested. The facility is far enough away and should have no impact on the activities at the church. Mr. Furmanec is of the opinion that the use is not detrimental to the existing facilities in the area. The site is small, hampered by limitations. The intensity of the use will not adversely affect the neighborhood or the Zoning Ordinance and Master Plan. It is Mr. Furmanec’s opinion that this is an appropriate use, oriented toward afternoon and evening hours.
The meeting was opened to the public.
Mr. Himelman commented that applicant did not attempt to lease to a permitted use and questioned if that would be a hardship caused by him. Mr. Furmanec replied that applicant is proposing a reasonable use.
Mr. Himelman noted that there has been no traffic study done for ingress and egress and questioned whether it would be more prudent to address ingress and egress to the site in a floor plan. Mr. Furmanec responded that applicant is not changing the manner in which it is used. It is a low-intensity use. Applicant is not introducing large traffic volume to the site.
There being no one else wishing to speak, the meeting was closed to the public.
Mr. Bostwick read into the record a letter from Sgt. Kramer of the West Long Branch Police Department dated May 27, 2010. In his letter, Sgt. Kramer stated that he felt there was sufficient parking for one establishment; however, there is not sufficient parking for two businesses.
Mr. Villa moved to carry this matter to the June 24, 2010, meeting, without the necessity for re-notice. Applicant waives all time limitations. The motion was seconded by Mrs. Hughes and carried upon the following roll call vote:
AYES: Mr. Bostwick, Mrs. Hughes, Mr. Jelley, Mr. Penta, Mr. Raddatz, Mr. Villa
NAYES: None
R’Bounce, LLC, 175B Locust Avenue, Block 19, Lot 50 - Use Variance and Waiver of Site Plan – Resolution (2010-04): 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: Mr. Bostwick, Mrs. Hughes, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
NOT POLLED: Mr. Penta
George Parlarios, 71 Oceanport Avenue, Block 12, Lots 7, 1 – Use and Lot Area - Resolution (2010-05): The resolution was read into the record by title only. Mr. Jelley moved to approve the resolution as submitted, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Bostwick, Mrs. Hughes, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
NOT POLLED: Mr. Penta
ADJOURNMENT
There being no other business before the Board, the meeting was adjourned at 9:65 PM upon motion made by Mr. Villa, seconded by Mr. Penta and carried unanimously by the Board.
Respectfully submitted,
Diane L. LaSalle