Contact:
Planning Board Clerk Diane L. LaSalle
Category: ZONING BOARD OF ADJUSTMENT MEETINGS
FOR IMMEDIATE RELEASE West Long Branch, NJ - July 15, 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
June 24, 2010
The regular meeting of the Zoning Board of Adjustment of the Borough of West Long Branch was held on June 24, 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
Mr. Bostwick
Mrs. Blake
Mr. Jelley
Mr. Raddatz
Mr. Villa
Members Absent: Mrs. Anfuso
Mrs. Hughes
Mr. Penta
Others Present: Michael Irene, Esq.
Bonnie Heard, P.E.
Lisa Norman, C.S.R.
REVIEW AND APPROVAL OF THE MINUTES
The minutes of the May 27, 2010, were corrected as follows:
On page 2, WLB (Suzan) Enterprises, LLC, third paragraph, third line, a space should be inserted between Midnight or 1:00 AM. On page 4, Adjournment, the time should be changed from “9:65 PM” to “9:36 PM”.
Mr. Jelley moved to approve the minutes of the May 27, 2010, regular meeting as corrected, seconded by Mr. Aria and carried upon the following roll call vote:
AYES: Mr. Aria, Mr. Bostwick, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
NOT POLLED: Mrs. Blake
MATTERS BEFORE THE BOARD
Nicholas Ravaschiere, 40 and 48 No. Linden Avenue, Block 13, Lots 28, 29 – Expansion of Use, Minor Subdivision (2010-03): Applicant has requested this matter be carried to the July 22, 2010, regular meeting. Mr. Villa moved that this matter be carried to the July 22, 2010, regular meeting, seconded by Mr. Aria and carried upon the following roll call vote:
AYES: Mr. Aria, Mrs. Blake, Mr. Bostwick, Mr. Jelley, 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 application. Mr. Bostwick assumed the role of Chair. Eric Mueller, Esq., appeared on behalf of applicant; Daniel Himelman, Esq., appeared on behalf of objector McDonald’s Corporation and Savco.
Mr. Mueller explained that applicant has developed a floor plan as requested by the Board. In addition, to reflect the Board’s concerns, a few corrections were made to the use variance plan.
Exhibits A-5, Revised Use Variance prepared by Charles Surmonte, dated July 10, 2010; and A-6, Floor Plan, were entered into evidence.
Mr. Mueller advised the Board that he discussed with Mr. Himelman his client’s concerns, which were 1) hours of operation, 2) use of upstairs office, and 3) actual amount of seating. In addressing those concerns, applicant agreed to limit his hours of operation to employees starting sometime between10:30 AM – 11:00 AM for preparation and opening the doors to customers at 12:00 Noon for lunch. Discussion ensued between the Board and applicant regarding the opening time, and it was decided that the opening time for customers should be 11:30 AM in order to alleviate a potential problem of customers arriving early and waiting at the door until Noon. Mr. Mueller stated that the actual amount of seating will be eight.
Ethen Eriske continued testimony. Describing A-6, Mr. Eriske explained that the customers will enter through the front entrance and approach the counter. He described the location of the cash register, display refrigerators and overhead menus. Trash receptacles will be placed in the kitchen area by the salad and prep area for the chef and at the front door for customers. The counter will be flip-style top and there will be a rear entry door. The basement will be closed off by a door. Mr. Eriske continued to describe the chef’s work area. The food would take approximately 10 minutes to prepare, during which time the customer will be able to sit and wait for his order. Mr. Eriske plans to have two round tables and eight chairs.
The Board expressed concern about the location of the restroom.
Mr. Bostwick reported that he received a letter from Charles Shirley, Fire Marshal, dated July 13, 2010. In his letter Mr. Shirley stated that “the restaurant’s refuse area is located in a 6’ by 10’ area attached to the rear of the structure. Depending on the type of construction, the refuse container(s) must be stored either 5’ or 10’ away from the building. The 6’ wide area does not appear appropriate and would invite improper storage of waste and rubbish and possibly putting the structure at risk.” Mr. Mueller had not received a copy of Mr. Shirley’s letter prior to this evening. He will discuss this matter with Mr. Surmonte in an effort to address the Fire Marshal’s concerns.
Mr. Bostwick also reported receiving a letter from Sgt. Brian Kramer, West Long Branch Traffic Bureau dated May 27, 2010. In his letter, Sgt. Kramer stated that there is sufficient parking for one occupant (food establishment). He did not believe that the parking is adequate for two businesses and that any variances granted at this location should be limited to one business due to the impact it will create on the parking lot and driveway area of the recycling yard.
The meeting was opened to the public. There being no one wishing to speak, the meeting was closed to the public.
Upon questioning by the Board, Mr. Eriste stated that the hours of operation will be 10:30 AM for employees, 11:00 AM for customers; closing will be at 1:00 AM for customers, 1:30 AM for employees. The restaurant will be open Sunday through Monday. Mr. Eriske has agreed to deed restrict opening time, seating capacity and office use as part of the resolution, if granted.
Charles Surmonte, LPE, LS, continued testimony with regard to the revised Use Variance. Regarding ingress and egress, applicant is proposing a 30” high cross member rail along the existing sidewalk for about 20’ adjacent to the entry. A detail is shown of the proposed refuse enclosure. Mr. Surmonte will contact Mr. Shirley to discuss his comments regarding the trash enclosure and possibly constructing a masonry wall between the building and the trash enclosure. The enclosure will be self-opening and self-closing, which would be operated by the driver.
Mr. Surmonte indicated that the plan now reflects a designated space for delivery service.
The meeting was opened to the public.
Mr. Himelman stated that based upon the representations of applicant and the restrictions he is willing to accept, his client withdraws all opposition to the application.
There being no one else wishing to speak, the meeting was closed to the public.
Applicant will comply with Borough ordinance for any signs erected.
Mr. Bostwick moved to approve this application with stipulations as discussed, seconded by Mr. Villa and carried upon the following roll call vote:
AYES: Mr. Bostwick, Mrs. Blake, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
Mr. Aria resumed his seat on the Board.
Anthony J. Camassa, 55 Oceanport Avenue, Block 108, Lots 3 & 4 – Use Variance (2010-06): James Siciliano, Esq., appeared on behalf of applicant. Ms. Heard was sworn in as Board Engineer.
Mr. Siciliano explained that this is an application for a certificate of continued use as a professional office. This property was re-zoned in 1997 from Neighborhood/Commercial (N/C) to R-10, changing this property from a permitted use to non-conforming. Applicant has retired from the business and is now seeking a certification of his office building as a professional office building so that he can market it as such and sell it.
Frank Camassa, Jr., Real Estate Broker for Camassa Agency and nephew of Anthony J. Camassa, was sworn in to testify on behalf of applicant. Mr. Camassa has worked at this property for 28 years.
Exhibit A-1, Survey, was entered into evidence.
Referring to A-1, Mr. Camassa described the current site as a multi-level professional office building consisting of four wings that total approximately 2,800 square feet. The site currently has 20 parking spaces. The property measures 100’ x 150’. There are two front entrances and space for four offices.
Exhibits A-2, Photo of Building; A-3, Photo of Office Building as it exists today; A-4, Photo of Office Building in its current condition; A-5, Original Plans for Office; A-6, Plans for Office Building; A-7, Photo of Southside of Building and A-8, Photo of Southside of building, were entered into evidence.
Mr. Camassa testified that the property exceeds the parking requirements of the Borough ordinance for a professional building.
Mr. Camassa explained that prior to the zoning change to R-10, this building housed a few different professional uses such as a mortgage company, condominium and management company.
When the property was re-zoned, it was Anthony Camassa’s obligation to receive a certification from the Zoning Officer within one year of the zoning change. The Zoning Officer has now informed Mr. Camassa that the time period has run out for him to issue the certification and that he must now seek relief from this Board. Applicant was not informed in 1997 that he required this certification, therefore, he never received one.
Mr. Camassa described similar uses on Oceanport Avenue as a bakery directly across the street. Adjacent to the bakery is the Energy Aid Company and adjacent to that is a house, but also a landscaper. A car wash is located on the corner and across the street are a guitar emporium and a used car lot. All of these businesses were affected by the zone change.
The Camassa Agency has relocated to Locust Avenue in anticipation of applicant selling the property. An investment company is currently utilizing one of the offices in the building. Mr. Camassa believes that the future use would be for two offices because of the two entrances.
Mr. Aria referred to Sgt. Brian Kramer’s letter date April 20, 2010, which stated that the current plans submitted do not include a designated area for handicap parking. Sgt. Kramer requested applicant provide a space designated for handicap parking and markings.
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 commented that the business has been there for a long time and there have never been any complaints from neighbors. The property has been well maintained. He felt that if it is going to continue as a business or professional office, he did not see a problem with issuing the Certificate of Occupancy.
Mr. Aria sees no reason why this cannot be operated without creating a problem for the neighborhood. He commented that there are several businesses in the R- 10 zone, and felt that it would be better to continue as a business in that area. He would be very much in favor of granting this application.
Mr. Aria moved this application be granted, seconded by Mr. Jelley and carried upon the following roll call vote:
AYES: Mr. Aria, Mr. Bostwick, Mrs. Blake, Mr. Jelley, Mr. Raddatz, Mr. Villa
NAYES: None
OTHER BUSINESS BEFORE THE BOARD
Mr. Aria reported on a letter received by the Zoning Board from a private environmental contractor asking for a receptor evaluation. The letter asks for information regarding from West Long Branch current and potential ground water use based on a 20-year planning horizon using the municipal and water supply planning data, none of which this Board has. This Board does not have this information and is not required to submit same to the contractor.
ADJOURNMENT
There being no other business before the Board, the meeting was adjourned by unanimous consent of the Board at 9:30 PM.
Respectfully submitted,
Diane L. LaSalle