PLANNING BOARD

JANUARY 9, 2012 A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 pm., in the Municipal Complex. Present: Messrs. Doherty, Campbell, Meyer, Forte, Kaye, Magovern, Hoffman, and

Windas Absent: Ms. Sheridan and Ms. Provenzano Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on December 20, 2010 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Kovats administered the Oath of Office to Mr. Campbell and Mr. Magovern. Mr. Kaye made a motion to nominate Mr. Windas as Chairman, which was seconded by Mr. Meyer and unanimously approved. Mr. Windas made a motion to nominate Ms. Provenzano as Vice Chair, which was seconded by Mr. Forte and approved unanimously. Mr. Meyer made a motion to waive the reading and approve the minutes of the December 12, 2011 regular meeting, which was seconded by Mr. Forte and approved by the following vote: In the Affirmative: Messrs. Meyer, Forte, Magovern, Hoffman, and Windas Opposed: Abstain: Messrs. Doherty, Kaye, and Campbell Mr. Meyer made a motion to waive the reading and approve the resolution appointing Douglas Kovats, as Planning Board Attorney, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs. Doherty, Kaye, Campbell, Meyer, Forte, Magovern,

Hoffman, and Windas Opposed: Abstain: Mr. Doherty made a motion to waive the reading and approve the resolution establishing the Open Public Meetings Act procedures, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs. Doherty, Kaye, Campbell, Meyer, Forte, Magovern,

Hoffman, and Windas Opposed: Abstain: Mr. Hoffman made a motion to waive the reading and approve the resolution granting approvals to Michael LoConte, 1607 Ocean Avenue, which was seconded by Mr. Meyer and approved by the following vote: In the Affirmative: Messrs. Meyer, Magovern, Hoffman, and Windas Opposed: Abstain: Messrs. Forte, Doherty, Kaye, and Campbell WALTER & CAROL MURRAY – 314 FOURTH AVENUE Appearing with Mr. and Mrs. Murray was their attorney William Shipers and architect Mary Hearn.

PLANNING BOARD

JANUARY 9, 2012 Mr. Murray stated his application is to replace the existing rear cottage with a new one and make it age-restricted so that his mother-in-law could live there. The existing cottage currently does not have heat. Ms. Hearn stated that by rebuilding the rear cottage they would remove the non-conforming side and rear setbacks as well as the many code violations. The new cottage would have a porch similar to the existing one, an open living room, kitchen, bedroom, bathroom, small dining area, a study, an attic with pull down stairs, and would be built on a crawl space. The new cottage would comply with the setback requirements, including the setback from the porch to the rear of the front house which is 39 feet. Ms. Hearn stated the letter from Birdsall Engineering stated a variance would be required for the overall size of the structure. She read the portion of the ordinance pertaining to the size, which she feels does not clearly define how the size is determined. Is it measured from the outside walls or interior walls? The existing structure is 519 sq ft. and the proposed is 672 sq ft. measured from the outside walls and does not include the porch. She also stated there was a note about only being permitted to have two structures on the property and there is an existing shed. The shed is only 8x8. Mr. Murray stated it is one of those shed kits you would buy from Home Depot. Ms. Hearn stated she would not consider it a structure because it has no foundation and therefore the Murrays would like to keep it. She stated they will install a drywell and comply with the recommendations listed in the Environmental Commission’s review letter. Mr. Kovats asked what type of materials would be used. Ms. Hearn stated the cottage would have new siding to match the front house and will use energy efficient materials and appliances. Mr. Shipers stated they understand they must file a deed for the age-restriction and are willing to do so. Mr. Forte asked Ms. Hearn why she doesn’t reduce the size of the structure by 1 foot to comply. Ms. Hearn felt the proposed size was appropriate for her client’s needs. Mr. Kaye asked where the air conditioning unit would be placed. Ms. Hearn stated it would comply with the setback requirement. Mr. Kovats stated he interprets the ordinance to read the size of the structure would be measured from the outside walls and agrees with Birdsall’s letter that a variance is required for the size. Public Gene Creamer, 318 4th Avenue, stated Mr. and Mrs. Murray are wonderful neighbors but he has some concerns about the application. He asked if the application were approved is it creating a conditional use on the lot. Mr. Kovats stated the applicant is seeking a “D3” variance and the age-restricted ordinance does create a conditional use. Mr. Creamer stated he thought conditional uses could not seek a variance. Mr. Kovats explained the “D3” variance and explained how he disagrees. Mr. Creamer stated the applicant received approvals from the Zoning Board of Adjustment in 2006 to build the front house and there was a condition in the resolution that the resolution be filed at the County which was done by the Board Attorney, however there was also a note that a deed should be filed, which was not done.

PLANNING BOARD

JANUARY 9, 2012 Mr. Kovats read the resolution and believes the conditions were met when the resolution was filed and that a deed is not required. Mr. Creamer wanted to know if the Planning Board could super cede the Zoning Board’s approvals if they approve this application. Mr. Kovats stated the Board would not be super ceding the Zoning Board they would be simply permitting a use which is allowed by ordinance. Mr. Creamer stated item number 10 on page 3 of the application asks if a conditional use is required and “no” is checked off when it should be “yes”. Mr. Shipers explained Mr. Murray completed the application prior to seeking counsel. Mr. Murray agreed and stated he understands he is asking for approval of a conditional use. Mr. Creamer began to discuss his concerns about the ordinance. Mr. Windas advised Mr. Creamer that it is not the Board’s jurisdiction to look at the validity of the ordinance. Being there were no further comments, Mr. Windas closed the public portion. Board Comments Mr. Meyer stated he does not consider the shed to be a structure and it should be a non-issue. Mr. Campbell agreed. Mr. Forte stated this application would improve the area. Mr. Magovern stated he is all for it. Mr. Kaye stated the Board heard a lot of technicalities but feels that having a new house for a senior citizen is a good thing. Mr. Windas stated the ordinance was created for this particular reason and he is in favor of the application. Mr. Hoffman made a motion to approve the application, which was seconded by Mr. Kaye and approved by the following vote: In the Affirmative: Messrs. Doherty, Kaye, Campbell, Meyer, Forte, Magovern,

Hoffman, and Windas Opposed: Abstain: Mr. Forte made a motion to adjourn the meeting, which was seconded by Mr. Kaye and approved unanimously.

PLANNING BOARD

FEBRUARY 6, 2012 A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 pm., in the Municipal Complex. Present: Messrs Campbell, Meyer, Kaye, Magovern, Hoffman, and Ms.

Provenzano and Ms. Sheridan Absent: Messrs. Doherty, Windas, and Forte Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Meyer made a motion to waive the reading and approve the minutes of the January 9, 2012 regular meeting, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs Campbell, Meyer, Kaye, Magovern, and Hoffman Opposed: Abstain: Ms. Sheridan and Ms. Provenzano Mr. Meyer made a motion to waive the reading and approve the resolution granting approvals to Walter & Carol Murray, 314 Fourth Avenue, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs Campbell, Meyer, Kaye, Magovern, and Hoffman Opposed: Abstain: Ms. Sheridan and Ms. Provenzano SEAPORT REDEVELOPMENT PLAN AMENDMENTS Mr. Kovats explained the Mayor and Council have made some amendments to the Seaport Redevelopment Plan which must be reviewed by the Board. One of the changes was adding language that allows the TDRC to give waivers. Mr. Kovats felt this may violate the Municipal Land Use Law and would like to prepare alternate language. Mr. Kovats expressed concern about the addition of “specialty shops” under the permitted uses for the Marina and Maclearie Park. The Board felt the term “specialty shops” is too broad and should be explained in more detail. Vice Chairwoman Provenzano suggested adding art and craft galleries as a permitted use in the Marina. She also suggested defining the term “novelty shop”. Councilman Magovern felt the term “drive-in” restaurant should also be removed from the permitted uses in the Marina. Mr. Kovats stated he would also like to recommend to the Mayor and Council that the parcel amendments which were approved at a previous meeting be incorporated into the plan at the same time as these changes. Vice Chairwoman Provenzano made a motion to authorize Mr. Kovats to prepare a writing to the Mayor and Council on behalf of the Board listing their comments regarding the amendments, which was seconded by Mr. Hoffman and approved unanimously. 501 MAIN STREET Appearing for this application was the applicant’s attorney Charles Kelly. Mr. Kelly and Mr. Kovats spoke regarding unresolved issues per the review letter from Birdsall Engineering as well as the fact there was no review letter from the Technical Design

PLANNING BOARD

FEBRUARY 6, 2012 Review Committee. Mr. Kovats felt it would be in everyone’s best interest if the applicant went through the entire TDRC review process which is required by ordinance. Mr. Kelly agreed. This application was postponed until the March 19th meeting. Public – None Mr. Meyer made a motion to adjourn the meeting, which was seconded by Ms. Sheridan and approved unanimously.

PLANNING BOARD

MARCH 19, 2012 A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 pm., in the Municipal Complex. Present: Messrs Campbell, Meyer, Windas, Kaye, Magovern, Hoffman, and Ms.

Provenzano and Ms. Sheridan Absent: Messrs. Doherty and Forte Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio, and

Borough Engineer, Tom Rospos At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Hoffman made a motion to waive the reading and approve the minutes of the February 6, 2012 regular meeting, which was seconded by Mr. Meyer and approved by the following vote: In the Affirmative: Messrs. Campbell, Meyer, Kaye, Magovern, Hoffman, and Ms.

Provenzano and Ms. Sheridan Opposed: Abstain: Mr. Windas 501 MAIN STREET LLC – 501 MAIN STREET Appearing on behalf of the applicant was Attorney Charles Kelly, Engineer James Kennedy and Architect Richard Villano. Mr. Kelly explained they received approvals from the Board last spring for phase 1 of the project and are now here for phase 2. This project is to renovate the building on a former used car lot. The renovations would create an ice cream, coffee, and dessert type café. Mr. Kennedy explained they reviewed the comments from the Technical Design Review Committee and made the following changes: the concrete seating area will have paver bands throughout, two planter areas were added, a seepage pit was added for the gutters and roof leaders, the trash and recycling area is at the back of the property and is smaller, there will be six parking spaces, one of which will be handicap, bicycle racks that will match those to be placed throughout town by the Belmar Business Partnership, the outdoor seating area will be fenced in, and the impervious coverage will be reduced. Ms. Provenzano asked if the soil was ever tested since it was a used car lot. Mr. Kelly stated he knows tanks were pulled in the 1980’s and assumes they got the approvals from DEP. Mr. Kaye asked about signage. Mr. Kennedy stated there will be one wall mounted sign above the entrance and lettering on the awnings. Mr. Kennedy stated originally they had planned on doing all improvements in phases however now everything will be done at once, including the new curbs and sidewalks. He stated there is existing lighting on site that should be adequate. They’ve also added some lighting on the building near the entrance and the back doors. Mr. Magovern asked if the business would be seasonal or year round. Mr. Kelly stated it would be year round. Mr. Kaye asked what food they would serve. Mr. Kelly stated they would serve coffee, yogurt, ice cream, and other dessert type foods.

PLANNING BOARD

MARCH 19, 2012 Mr. Rospos asked if the concrete would be tinted. Mr. Kennedy stated it would be standard gray concrete. He further stated the impervious coverage is being reduced by 10% with the addition of planters. Mr. Kovats asked if the existing chain link fence would be removed. Mr. Kennedy stated only the trash and outdoor seating area would be fenced in. Ms. Provenzano stated she is concerned about the rocks in the seepage pit being thrown by children and asked if a different material could be used. Mr. Kennedy stated he could look into larger rocks or other planting materials for that area. Mr. Kelly submitted a photo showing the style of table and chairs that would be outside. Mr. Villano stated the building would be beige stucco with teal accents. They framed out the windows and added striped awnings, an awning above the entryway, column accents on the roof, and a sand colored stoned base to make the architecture of the building more aesthetically pleasing. Public Comments None Board Comments Mr. Campbell stated he was at the TDRC meeting and thinks the changes look great. Ms. Sheridan appreciated the fact they addressed everyone’s concerns and made changes. Ms. Provenzano agreed they incorporated everyone’s concerns. Mr. Magovern appreciated their hard work on trying to do what’s best for this lot. Mr. Kaye stated it looks good. Mr. Hoffman stated he likes it. Mr. Windas stated he can’t wait for it to open. Mr. Kelly stated they will be working to get it open by Memorial Day. Ms. Provenzano also stated she is glad that all improvements are being done at once. Ms. Provenzano made a motion to approve the application, which was seconded by Mr. Kaye and approved by the following vote: In the Affirmative: Messrs. Windas, Campbell, Meyer, Kaye, Magovern, Hoffman,

and Ms. Provenzano and Ms. Sheridan Opposed: Abstain: B&H BELMAR 2010 LLC – 800 12TH AVENUE (JAEGER LUMBER PROPERTY) Appearing for this application was Attorney George McGill, Engineer Rich DiFolco, and Brian Jaeger and Doug Sterner. Mr. McGill explained their application is to demolish six buildings and replace them with one metal framed building. There are four variances being requested, three of which are for existing conditions. There will be a new 6 ft. board on board fence between the property and the residential area. The parking will be enhanced by adding a new parking on the west side of the main building. The fourth variance is four a design waiver for the chain link fence along the front of the building which is existing and will remain. Mr. Jaeger stated the existing buildings are old and cramped. The new proposed building is more of a larger state of the art metal shed. The new parking layout will be easier for their customers to get through.

PLANNING BOARD

MARCH 19, 2012 Ms. Provenzano asked what color the building would be. Mr. Jaeger stated it will have a gray metal roof with a stone color metal siding. She asked if there would be plantings along the wood fence. Mr. Jaeger replied yes. Mr. Sterner, manager of the business, stated the hours of operation will not change. The new parking lot will help with the school traffic and parking. Mr. DiFolco stated the existing buildings range from 20-25 feet in height; the new building would be 24 ft. The variances being requested are for the existing front yard setback, existing side yard setback, the height of the new building, and existing impervious coverage. He explained the impervious coverage is increasing however they plan to install an underground drain system for runoff in the newly configured parking areas. The existing curbs and sidewalks will be repaired along 12th Avenue. There will be a landscaping buffer on the west side of the property and on the east side near the neighboring properties. There is adequate lighting existing on the site and they do not operate at night so there is no need for additional lighting. Mr. DiFolco read through the report from Mr. Rospos line by line and addressed each one of his comments by stating they would comply or they have already complied. Mr. Magovern asked if the new building would have a fire impression system. Mr. DiFolco replied no but would have alarm devises throughout. Mr. Rospos suggested using depressed curb in the new parking lot near 12th Avenue so that water could drain into the grass area. Public Comments Patricia Newman, 807 and 809 11th Avenue, stated her and her son’s houses are currently lined up the existing buildings and now the new shed building would be further out. Mr. DiFolco agreed and stated the new building would be 22 feet from the street. She asked if the existing storage trailer would be removed. Mr. Jaeger replied yes. She asked if the new building would have bathrooms. Mr. Jaeger replied no. She stated she has had numerous problems with employees and customers urinating outside and leaving trash and debris along the fence. Mr. Jaeger stated the main building has bathroom facilities and he would address the issue. Mr. Windas felt that cleaning up the site and new signage would help with her concerns. Ms. Newman expressed concern about animals living in those buildings. Mr. Jaeger stated he would have an exterminator go through them before they are demolished. She felt the new fence and hedges will be an improvement. Beth Rotchford, 1200 Bayview Avenue, stated she is thrilled about this project. Board Comments Mr. Meyer stated the aesthetics, traffic, buffering, and drainage will all be improved. Ms. Sheridan stated they are proposing vast improvements. Mr. Campbell stated it will now be professional looking and an improvement. Ms. Provenzano stated the property will now be improved and more secure. Mr. Magovern stated the plan is good. Mr. Kaye stated he is thankful they want to keep their business in town. Mr. Hoffman stated it is a good project.

PLANNING BOARD

MARCH 19, 2012 Mr. Windas stated he is in favor of removing dilapidated buildings and believes the improvements will not have a big impact on the neighborhood and the property will look cleaner. Mr. Meyer made a motion to approve the application, which was seconded by Mr. Campbell and approved by the following vote: In the Affirmative: Messrs. Windas, Campbell, Meyer, Kaye, Magovern, Hoffman,

and Ms. Provenzano and Ms. Sheridan Opposed: Abstain: Mr. Meyer made a motion to adjourn the meeting, which was seconded by Ms. Sheridan and approved unanimously.

PLANNING BOARD APRIL 16, 2012

A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs Campbell, Doherty, Meyer, Kaye, Hoffman, Magovern, and Ms. Sheridan

and Ms. Provenzano Absent: Mr. Forte and Mr. Windas Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio, and Borough

Engineer, Tom Rospos At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. ORDINANCE 2012-09: AMENDMENTS TO THE ACCESSORY DWELLING ORDINANCE: Mr. Kovats explained the original ordinance allows for renovations or reconstructions of rear dwellings with the restriction they be age restricted for seniors. The Zoning Board prepared a writing to the Mayor and Council expressing concern that there aren't people taking advantage of this ordinance. The Mayor and Council suggested amending the ordinance to remove the age-restricted language from it which would allow property owners to renovate or reconstruct their rear dwelling but could rent it to anyone. The ordinance would not allow construction of a rear dwelling without there being one there previously. If there wasn't one then a property owner would have to apply for a "d' variance before the Zoning Board of Adjustment. Ms. Provenzano stated she is in favor of the age-restriction. Mr. Kaye approves changing the ordinance but was concerned about enforcing group rentals. Mayor Doherty explained the Council has received comments from the Zoning Board and those who have the age-restricted rear dwellings regarding lack of use and issues with trying to get senior tenants. The Council wants to allow people to renovate their property without the need to tear down their rear house. Councilman Magovern stated if someone renovates their rear house they are more likely to rent to someone who will not damage it like a group rental might. Mr. Meyer stated most of the "shacks" have been removed and what are left are those that need to be renovated. Ms. Provenzano asked what would happen to the already approved age-restricted rear dwellings. Mr. Kovats stated they could come back to the Planning Board to ask for the deed restriction to be removed. Councilman Magovern stated there are always landlords who may look for loopholes but this ordinance would benefit Belmar by allowing people to fix up their rear homes. Mayor Doherty stated it would also allow people to keep their rear homes who use it as additional income so they can maintain living in their front homes.

ROSE WILLIAMS/JULIANNA DURANTE - 114-116 17TH AVENUE – EXTENSION REQUEST: Ms. Durante and her contractor James Alburtus were present to discuss their request for a one year extension on the variance approvals which were granted for the construction of a new home. Mr. Kovats explained the sub-division application was approved in August 2005, each year up to April 2011 a one year extension was granted. The sub-division was perfected; however the dwelling at 114 17th Avenue has not been constructed yet. He explained the Board is limited to the timeframe for granting extensions and is concerned with whether or not the Board can grant another extension. Ms. Durante stated the existing house is still there and has been rented for the past 12 years to the same person. Her intent was to demolish this house and build a new one to sell and they would occupy the house on the other lot (116 17th). For financial reasons she does not have the money to build the new house and be able to wait to sell it. She knows of properties in her neighborhood that have been on the market for five years. Mr. Kovats asked when the project might be started. Ms. Durante was unsure. Mr. Alburtus stated one house was removed and rebuilt and is very well maintained. He also stated the existing house is also well maintained. Mr. Alburtus stated the variances granted in 2005 were for the side yard setback on each lot to allow for 3 feet instead of 5 feet so that the shared driveway between the two lots could be enlarged. Ms. Durante stated the house still existing has new windows, siding, and a roof, so some improvements were made, it just wasn't rebuilt. Mr. Alburtus also stated they were granted a variance for building coverage for that lot as well. He also stated at that time Floor Area Ratio was not in effect. Mr. Kovats explained he believes the Board does not have jurisdiction to grant another extension. They could always come back before the Board to ask for those variances again. No public comments Mayor Doherty made a motion to deny an extension request which was seconded by Mr. Campbell and approved unanimously. JOSHUA VALLARIO – 407 10TH AVENUE Mr. Kovats explained the application for Joshua Vallario, 407 10th Avenue has been postponed until the May 21, 2012 meeting per the applicant's request. There will be no further notification. Mayor Doherty suggested sending out a letter to those within 200 feet by regular mail as a courtesy. MICHAEL O’CONNOR – 607 12TH AVENUE – EXTENSION REQUEST: Mr. Kovats explained the original application was for subdivision approval in 2007. An extension was granted in 2008. The approvals were to subdivide the lot into two lots and either demolish the existing structures or relocate them onto one of the newly created lots. The deed for subdivision was filed but the conditions of the approval were not met as far as the status of the existing structures. Mr. O'Connor stated he perfected the subdivision and planned to demolish the existing structures prior to building new structures, however did not want to do that until he was ready to build and due to financial reasons he has not been ready to do so. He stated he has a buyer for the two lots now and the buyers have requested that all structures be demolished prior to the closing on each lot. The closings are scheduled to take place in June 2012.

Mr. Kovats asked who would make sure adequate utilities will be installed for each lot. Mr. O'Connor stated he would make it the responsibility of the buyers. Mr. Kovats suggested that if an extension were to be granted by the Board that all conditions of the approvals be addressed prior to changing of title. Mr Kovats suggested that he be authorized to speak with the O'Connor's legal counsel to discuss this matter. Mrs. O'Connor stated she has health issues that have also caused them to not be able to build as they would have liked. Mr. Kovats stated he will work with the applicant in regards to the language to be placed in the contracts for the change of title that would protect the conditions of the resolution. 701 SEVENTH AVENUE ASSOCIATIES INC. - 701 SEVENTH AVENUE: Appearing for this application was attorney George McGill, Esq. and Ken Pringle, Esq., and Rich DiFolco, engineer. Mr. McGill stated they are seeking preliminary and final site plan approval to convert the rear portion of the building from storage use to office use. He stated he spoke to Mr. Kovats regarding the parking requirements in the seaport redevelopment zone and they both feel a parking variance would not be required since the building is not being enlarged or expanded it's just a change of use. Mr. Pringle explained the building was built in stages beginning in 1905. The plan is to renovate the existing rear portion from storage space to offices. The newly created offices would be for his employees currently located at 602 Main Street as well as creating additional spaces which could possibly rented out in the future. The front portion of the building houses their law firm now and is jammed pack by all of the employees. This would allow for them to combine and spread out throughout the building. There would be two entrances at the rear portion in the event they wanted to make the separate offices available to be leased out. There would be a newly created foyer that would enter into a lobby. Most employees park in the parking lot now or along Railroad Avenue. The parking lot will be increased by four spaces. The parking lot will have a mix of asphalt and pavers to give it a courtyard look rather than a parking lot look. Would like to install solar panels on the flat roof eventually. Will have bicycle racks near sidewalk. The existing UPS pickup box will be relocated. The trash enclosure will be at the rear of the building. Mr. McGill stated the overhead door on the back side of the building facing Eighth Avenue would be removed at the end of the renovations to allow for construction vehicles to use while construction is going on. Mr. Pringle stated after construction it will be closed up with a blank wall. Mr. Di Folco clarified there is an increase of six parking spaces, not four. Mr. Di Folco went through Mr. Rospos review letter. The impervious coverage would be the same as existing; there would be no increase or variance being requested. The proposed underground drainage pipe running along the west side of the parking area will go to the end of the parking area into a catch basin near the trash area. The bicycle racks would match those to be purchased by the Borough for Main Street. The plans will be amended to reflect all of the issues in the engineer's review letter. The trash area will be screened by landscaping. There will be a fence along the west side of the property. HVAC units will be on the roof. Public: none Mr. Di Folco stated the proposed lighting will match those throughout the Borough. There will be two; one at the sidewalk near the trash area and the other at the right of way on 7th Avenue.

There will also be some building lighting near the entrances. The sidewalks along Seventh Avenue will also be replaced. Mr. McGill stated they are requesting design waivers for several items on the checklist required for submission. Requesting that these items not be required for submission as stated in their application. Board Comments: Mr. Meyer stated it will dress up the area very nicely. Mr. Campbell stated it looks great. Mr. Kaye stated he is happy to see a business staying in Belmar. Ms. Sheridan made a motion to approve the application which was seconded by Mr. Meyer and approved by the following vote: In the Affirmative: Messrs Campbell, Doherty, Meyer, Kaye, Hoffman, Magovern, and Ms.

Sheridan and Ms. Provenzano Opposed: Abstain: Mr. Meyer made a motion to adjourn the meeting, which was seconded by Ms. Sheridan and approved unanimously.

PLANNING BOARD APRIL 24, 2012

A special meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs Campbell, Doherty, Meyer, Windas, Kaye, and Magovern Absent: Ms. Sheridan, Ms. Provenzano, Mr. Forte, and Mr. Hoffman Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio, and Borough

Engineer, Tom Rospos At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on April 16, 2012 and by posting a copy of said notice at the Municipal Complex on the same date. RAYMOND LANBGEIN – 511 MAIN STREET Raymond Langbein Jr. appeared before the Board on behalf of his parents who own the property at 511 Main Street. Mr. Langbein stated he would like to open a garden center and nursery behind the existing Belmar Paint Store. It would be a separate entity just on the existing property which is underutilized. The operation would be from March through October or November. Will have plants, flowers, grass, topsoil, mulch, garden tools, and like products. Would add a greenhouse and some canopy type shade structures for protection and growth of certain plants. There will be minimal impact on the town as far as trash pickup and utilities. Jason Fitcher, engineer for the applicant, read through the Borough engineer's review letter. He stated they will be using the existing paved area. Mr. Langbein has plans for the future, if the business is successful, to expand into the paint store to increase the retail area and add an additional greenhouse. Also have plans to take over the existing taxi stand building to use for administrative offices and sales which is on the adjacent property, which they own. There is no timetable for these improvements yet. Mr. Fitcher stated the canopies would be easily removed. There would be no footings or structural posts in the ground. They would be aluminum posts with a canvass type canopy. There will be no signage on the canopy. Mr. Kovats suggested that once the materials and design of the canopies are chosen that it be sent to the TDRC for review. Mr. Langbein agreed. Mr. Fitcher stated the canopies would be 10 feet high. David Keady, Mr. Langbein’s business partner, stated the greenhouse is 20x25 and would be a plastic type material with a roll-up door. Mr. Kovats suggested once the final design is chosen that it be submitted to the TDRC for approval. Mr. Langbein agreed. Mr. Fitcher stated the existing property would require 16 parking spaces where 9 exist. The proposal would require 19 parking spaces and they are proposing 10 spaces and added one handicap parking space. They also own lot 6 which is a parking lot used by Klein's restaurant but their lease agreement also allows them use of the parking lot for their business. Mr. Kovats suggested a condition be that a writing be prepared indicating 9 spaces can be used on lot 6 and will be designated for such use. Mr. Langbein agreed. Mr. Fitcher stated the existing site is 100% impervious now and will not change, however the plants will help absorb the water. There will be no detrimental affects to the neighborhood from

water runoff from watering the plants. Mr. Langbein stated they will use tripod sprinkler systems that are movable around the site. Mr. Kovats asked that they submit plan for the sprinklers to the TDRC. Mr. Fitcher stated there are two existing flood lights on the rear of the paint store now which would remain and be sufficient lighting since operational hours would be during the daytime and seasonal when the sun is out longer. Mr. Langbein stated he does not envision any other lighting on site except for holiday light should they choose to operate for the Christmas season. Mr. Fitcher stated they have an existing trash area and will operate it the same way. It would not be visible from the street. Mr. Kovats explained the parcel designation for this property is an area in need of redevelopment not rehabilitation therefore; under the redevelopment plan the Board can only grant approvals for the nursery to be a temporary use which typically has a time limit of three years. However, Mr. Langbein can petition the Mayor and Council for more time or to change the redevelopment plan. Mr. Langbein stated he hopes the business will be successful and can be expanded so he will most likely petition the Mayor and Council to allow this on a permanent basis. Mr. Kaye asked about having an area for pickup only for convenience. Mr. Fitcher stated someone could back up to the gated area for temporary pickup. Mr. Kaye suggested that area be labeled as a loading area or pick up area only no parking. Mr. Meyer asked if the greenhouse and canopies are temporary. Mr. Langbein stated the canopies would be removable, however the greenhouse would stay up and be used for storage in the off season, but it could be removed if needed. Mr. Magovern asked if the existing security fencing would remain. Mr. Langbein replied yes. Mr. Campbell stated the impervious would be better because plants and mulch would absorb water. Mr. Windas asked if any other site improvements would be done. Mr. Langbein replied no and further stated they will clean up the property and add plants etc to enhance the site. Mr. Langbein stated he proposes to do a future walkway to the building on lot 6 when he expands. Mr. Keady stated the blacktop will be cut up to add paver sections to use as display for mulch and plants and they will be responsible for controlling runoff and cleanup of site. Mr. Kovats pointed out that per the TDRC review memo downspouts would be added to the rear portion of the paint store to collect water in a rain barrel. Mr. Langbein agreed. Mayor Doherty asked where at in discussions they were with the Borough in regards to redoing their parking lot at the same time the Borough is redoing their parking. Mr. Langbein stated he is still in negotiations with his tenant of the lot and is working on an agreement. Mr. Rospos asked if repairs will be done to the pavement near pedestrian area. Mr. Langbein replied no but stated he will try to fix it up. Public: None Board Comments:

Mr. Campbell stated he likes the idea and hopes they do well. Mr. Magovern stated he likes to have a diversity of business and the Langbeins are good business people and hopes they do well. Mr. Kaye stated he would vote in favor of the application but does not think it will do well. Mayor Doherty agreed with Mr. Magovern. Mr. Windas stated he is in favor of the application as the site is currently unsightly and this will make it better. Mr. Meyer made a motion to approve the application, which was seconded by Mr. Campbell and approved by the following vote: In the Affirmative: Messrs Campbell, Doherty, Meyer, Windas, Kaye, and Magovern Opposed: Abstain:

PLANNING BOARD MAY 1, 2012

A special meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs Forte, Campbell, Magovern, Doherty, Kaye, Windas, and Ms. Provenzano and

Ms. Sheridan Absent: Mr. Meyer and Mr. Hoffman Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio, and Borough Engineer,

Tom Rospos At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on April 23, 2012 and by posting a copy of said notice at the Municipal Complex on the same date. CHEF'S INTERNATIONAL: BELMAR MARINA NINTH AVENUE PIER & MINIATURE GOLF COURSE Appearing for this application was Attorney John Jackson, Architect Gregg Sonnenfeld, Architect Glenn Lynn and applicant Robert Cooper, President of Chef's International Inc. The application is for a proposed seasonal restaurant on the Ninth Avenue Pier in the Belmar Marina and an 18 hole miniature golf course also in the Belmar Marina. Mr. Jackson explained Chef's International will have a lease and developer's agreement with the Borough of Belmar in order to construct and operate both businesses. Anticipate moving forward quickly in order to open this summer. Mr. Cooper stated Chef's International operates nine restaurants between New Jersey and Florida. The proposed restaurant would mimic their Point Pleasant location, The Wharfside. All aspects of the restaurant including the kitchen and bathroom facilities will be mobile and removable. As part of the developer's agreement they have agreed to use local businesses for construction materials and local contractors whenever possible. Mr. Cooper explained the plans for the seasonal restaurant to be located on the pier. The entire outer area of the pier will be for public and emergency vehicle access. The restaurant will have a mobile kitchen with a main bar, band area, round bar, and portable bathroom facilities. There will also be a pizza oven, lobster pot, and raw bar in a centralized area across from the kitchen. Will also be installing a floating dock and walkway along the water. The area will be fenced in so the public can access the remainder of the pier. The hours of operation per the lease with the Borough will be 7 days a week; Sunday through Thursday 11:30-midnight and Friday and Saturday would stay open until 1 am, and Sundays where the Monday after is a holiday they will be open until 1 am. Live music will be provided however it will only be single, duo or trio groups with low level instruments, no heavy percussion. All of the furniture will be a charcoal color. All trash will be handled by the staff on a daily basis to ensure there is no trash blowing around the marina or into the water. Will also have nets to scoop out trash from the water. Anticipate hiring 60 people to operate the business over the season. Working with the Borough Police Department now on a security plan. The developer's agreement also provides shared parking with the Borough in the existing marina parking area. The agreement also provides them with five boat slips for transient boaters to access the restaurant. Will install bicycle racks for customers as well. Submitted a draft menu as an example of the types of food that will be offered. The office, coolers, storage and trash area will be located in the grass island in the parking lot and will remain throughout the year; everything else will be removed at the end of the season. The restrooms will be easily accessible from the dining area. Mr. Cooper explained the miniature golf course would be at the south end of the marina behind the existing comfort facility. It will consist of 18 holes with wood, bridges, water and lighthouse features. Will be open until 10 pm, year round, weather permitting. Working with Harris Golf for the development of this project. Mr. Kaye asked if permanent buildings would ever be constructed. Mr. Cooper replied no. Mr. Kaye asked if there would be any food available at the miniature golf course. Mr. Cooper stated they have not discussed it yet but anticipate providing some form of refreshments via a snack bar.

Mr. Campbell asked how they would control the transient slip boaters from docking for longer than allowed. Mr. Cooper stated it is a problem and have dealt with it before. If necessary the Police Department would be notified. Ms. Sheridan asked if any restrooms would be provided for the miniature golf course. Mr. Cooper stated there would not be any but would have signs that state bathrooms are available on the pier. Mayor Doherty stated the Borough could work with them to gain access to the comfort facility as well. Mr. Forte asked what the open area next to the pizza oven and raw bar would be used for. Mr. Cooper stated he may place high top tables in that area or leave it open. Ms. Provenzano asked where signage would be located. Mr. Jackson stated they will work with the Borough to install signage at the entrance of the pier and near Route 35 as in compliance with the Borough's ordinances. Mr. Kovats suggested a condition of approvals be that a signage plan be submitted to the Technical Design Review Committee. Mr. Kovats asked for the total number of tables and chairs. Mr. Cooper stated the proposed plan shows 270 seats with occupancy of approximately 480 people. Mr. Windas asked how overnight security would be addressed. Mr. Cooper stated there would be signage and video cameras. He has also considered using a night watchmen service since it is an open area. Mr. Sonnenfeld stated the area of the restaurant is approximately 10,650 square feet. There are four fabric structures as depicted on the plans and are proposed over the main bar, the band stand, the seating area and the round bar. The poles for the fabric structures will be permanent but the fabric will be removable. Mr. Jackson explained the fabric structures need to be ordered therefore if they open this summer they will have to use a festival type tent on a temporary basis. Mr. Sonnenfeld stated there are existing pole lights which they have incorporated into their plan and added four additional lighting fixtures and lights inside the fabric structures, as well as LED string lights draping across the area. The Borough installed utilities on the pier which they will connect to with approval from the Borough's engineer. Will only need water, sewer, and electric; no gas. Mr. Kaye and Mr. Campbell asked if smoking would be permitted in the seating area. Mr. Cooper replied yes. Mr. Campbell suggested there be a non-smoking area for families since that is the clientele they wish to have. Mr. Rospos asked if the entire miniature golf course would be fenced in. Mr. Cooper replied yes. Mr. Jackson stated they would submit the design of the fence to the Borough's engineer for approval. Public: Tony Reppetti, 810 River Road, stated he did not hear any discussion on the parking lot and if it's adequate. Mr. Rospos estimated approximately 300-400 parking spaces existing in the marina parking lot now. He was concerned people would park in his parking lots which are across the street. Mayor Doherty stated he should notify the Borough if people are parking in his lot. He also explained the plaza parking lot will be renovated and the parking area behind Borough hall will also be renovated to increase parking. Mr. Reppetti asked how the occupancy of the restrooms will be determined. Mr. Sonnenfeld stated it will be addressed at the time construction permits are submitted and will meet all codes. Mr. Reppetti asked if the miniature golf course would be handicap accessible. Mayor Doherty replied yes. Mr. Reppetti asked about the noise level from live music. Mr. Jackson stated the lease with the Borough states they must comply with the Borough's noise ordinance. Connie Dallaportas, 1002 Main Street, stated there are no parking guarantees in town, its first come first serve and Mr. Reppetti has the right to call the Police Department if someone parks on his property. Nobody should prohibit new businesses coming in to town because of this. Board Comments: Mr. Forte stated it is a nice design and will be good for the town and his only issue would be smoking being permitted in the eating area and suggested there be a non-smoking area. Ms. Sheridan and Mr. Campbell agreed with Mr. Forte.

Ms. Provenzano stated she is in favor of the application and supports it. Mr. Magovern stated parking will always be an issue and feels it is a good problem. Mayor Doherty and Mr. Kaye stated they are also in favor of the application and are looking forward to the businesses opening. Mr. Windas stated the proposed plans are exactly what the Borough has been waiting for and is in favor of the application. Mr. Kaye made a motion to approve the application which was seconded by Mayor Doherty and approved by the following vote: In the Affirmative: Messrs Forte, Campbell, Magovern, Doherty, Kaye, Windas, and Ms.

Provenzano and Ms. Sheridan Opposed: Abstain: Mr. Jackson asked if a special meeting could be held to adopt the resolution quickly. Ms. Claudio stated the next meeting is May 21st. Mr. Cooper asked if one could be done sooner if possible. The Board will hold a meeting on May 7th at 7 pm. At approximately 9:15 p.m. the Board took a five-minute recess. RICHARD HUNT - 139 TERRACE ROAD - MINOR SUBDIVISION Appearing for this application was Attorney Mark Kitrick, engineer and planner Jeffrey Spalt, and applicant Richard Hunt. Mr. Kitrick stated Mr. Hunt would like to subdivide the property to create two lots with two new homes, one on each lot. The proposal will provide attractive new homes in the neighborhood. Mr. Hunt stated he has owned and lived at the property for approximately 15 years. The original house was constructed in 1947. Mr. Kitrick submitted photographs of the existing site and house. Mr. Hunt stated the home is in need of repair due to hurricane Irene. Mr. Kitrick stated the Borough engineer made reference to a drainage pipe across the property. Mr. Hunt stated the pipe was relocated approximately 5-6 years ago and is now located on the far eastern side of the property along the property line. Mr. Kitrick stated there was an easement drafted for this but was never filed and he would be willing to make it a condition of approvals that the easement be recorded. Mr. Kitrick submitted a proposed architectural elevation for the proposed new homes although the official design has not been decided on yet. Mr. Hunt stated he would live in one of the homes. The homes would be approximately 4,000 sq ft, four bedroom homes with garages. Mr. Hunt stated the homes he proposes to build would be consistent in character with the neighborhood. Mr. Spalt stated the existing lot is 20,492 square feet size lot consisting of land and the Shark River. The property is in the R-100 zone which requires a minimum lot size of 10,000 sq ft. The proposal is to create two lots; 10878 sq ft. and 10664 sq ft. Only variances for lot frontage on lot "b" and rear yard setback for both lots are being requested. The required rear yard setback is 75' and the proposed for lot "a" is 56.4 feet and for lot "b" is 38 feet. Mr. Spalt explained the rear yard setback requirements are usually high to create distance between properties however these properties have the Shark River at the rear. Will be able to comply with building coverage, impervious coverage and floor area ratio in regards to construction of the new homes. Mr. Spalt felt the property is suitable to be developed with consistency and the design fits with the neighborhood. Adequate light and open air is provided and a desirable visual environment is created. Gives an attractive transition from the redevelopment zone to the R-75 and then the R-100 zone. Granting approvals would not detrimentally affect the Borough's master plan. If a single-family home was built on the single lot it could be on a footprint of 2500 square feet and would not be aesthetically pleasing because it would be a long rectangular style house.

Mr. Spalt explained there's an issue with whether or not the water area is including in the property size because he could not find any documentation about riparian rights. If it's not included then lot "b" would be less than 10,000 sq ft and the rear yard setback at the narrowest point would drop to 19 feet. He stated they will address all concerns and items in the engineer's review letter. Mr. Kaye asked how much bigger the new houses would be compared to the existing home. Mr. Spalt stated the existing home has a footprint of 1800 sq ft and the proposed are 2000 sq ft. Mr. Forte asked what the regulation is regarding garage doors. Mr. Kovats explained the ordinance states you cannot have a garage door facing the street unless it is 70 feet back. Mr. Kitrick stated they will comply with the ordinance. Mr. Spalt stated they could modify the property to make the garages detached to alleviate the issue and extend the driveway or turn them so the garage doors do not face the street. Ms. Provenzano expressed concern about approving the application without having the knowledge on the riparian rights and the configuration of the driveways and garages. Mr. Spalt stated the driveway and garages can be easily configured to comply. Mr. Spalt stated he does not see any detriments and feels the proposal fits in with the neighborhood better than someone building a single-family house on the lot and maximizing the size as much as they can. Mr. Kovats asked how the subdivision benefits the neighbors across the street along the canal. Mr. Spalt stated there would be two new homes across the street rather than having one block of mass on the property with one large home. Public Comment: Charles Duerr, 84 Terrace Road stated he would like to see it kept to one lot. Mr. Kaye asked Mr. Duerr how he would be affected if someone built to the maximum on the lot. Mr. Duerr stated it wouldn't bother him because he feels an architect would build a beautiful home. Kathleen Duerr was concerned about the driveways and garages also. Mr. Kitrick stated his expert testified that the garages would not face the street and there would be no impervious coverage variance. She was concerned about parking on the street. Mr. Spalt stated the residential code requires two parking spaces which would be provided. Connie Dallaportas, 1002 Main Street, does not understand why people would object to someone spending money to beautify an area for private homes. Margaret Plummer, 137 Terrace Road, stated the house is in total disrepair and understands he is trying to do something about it but is concerned about the amount of vehicles, boats, and motorcycles already stored on his property. It's a beautiful piece of property and could be with one home. Parking is an issue in the street. Concerned about how her view would be affected if a detached garage was built. Board Comments: Mr. Forte did not feel comfortable voting without seeing how the homes would actually be depicted. Ms. Sheridan was concerned about finding out what riparian rights there are. Mr. Campbell stated he likes the idea but is uncomfortable voting without knowing what the riparian rights are. Ms. Provenzano stated she feels a prime piece of property is being intensified with two large buildings and doesn't serve the neighborhood well. She would prefer one house. Mr. Magovern stated the rear yard setback is going to be an issue and doesn't see the State DEP approving this. Mayor Doherty stated it would be a dangerous precedent to subdivide a lot like this when there doesn't seem to be a clear benefit to the neighborhood.

Mr. Kaye agreed with his fellow board members and felt a smaller single house would be better than two large homes or one large home. Mr. Windas felt the proposed garages in the front yard would be a detriment to the view down the street. Mr. Campbell made a motion to approve the application which was seconded by Ms. Provenzano and was denied based on the following vote: In the Affirmative: None Opposed: Messrs Forte, Campbell, Magovern, Doherty, Kaye, Windas, and Ms.

Provenzano and Ms. Sheridan Abstain: Ms. Sheridan made a motion to adjourn the meeting, which was seconded by Mr. Forte and approved unanimously.

PLANNING BOARD MAY 7, 2012

SPECIAL MEETING

A special meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:00 p.m., in the Municipal Complex. Present: Messrs. Meyer, Hoffman, Forte, Magovern, Doherty, Kaye, Windas, and Ms. Provenzano

and Ms. Sheridan Absent: Mr. Campbell Also Present: Doug Kovats, Board Attorney and Board Secretary April Claudio Mr. Meyer made a motion to waive the reading and approve the minutes of the April 16, 2012 regular meeting, which was seconded by Ms. Sheridan and approved by the following vote: In the Affirmative: Messrs. Meyer, Hoffman, Magovern, Doherty, Kaye, and Ms. Sheridan Opposed: Abstain: Mr. Windas, Mr. Forte and Ms. Provenzano Ms. Provenzano made a motion to waive the reading and approve the minutes of the April 24, 2012 special meeting, which was seconded by Mr. Meyer and approved by the following vote: In the Affirmative: Messrs. Meyer, Magovern, Doherty, Kaye, Windas, and Ms. Provenzano Opposed: Abstain: Mr. Forte, Mr. Hoffman, and Ms. Sheridan Ms. Provenzano made a motion to waive the reading and approve the minutes of the May 1, 2012 special meeting, which was seconded by Mr. Doherty and approved by the following vote: In the Affirmative: Messrs. Forte, Windas, Magovern, Doherty, Kaye, and Ms. Sheridan and Ms.

Provenzano Opposed: Abstain: Mr. Hoffman and Mr. Meyer Mr. Kovats explained two changes to the resolution for Chef’s International. One being, the notation that natural gas would be used for the cooking facilities when they will actually be using propane. The second being a typographical change. Ms. Provenzano made a motion to waive the reading and approve the resolution as amended, granting approvals to Chef’s International Inc., for the Belmar Marina Ninth Avenue Pier and miniature golf, which was seconded by Mr. Doherty and approved by the following vote: In the Affirmative: Messrs. Forte, Windas, Magovern, Doherty, Kaye, and Ms. Sheridan and Ms.

Provenzano Opposed: Abstain: Mr. Hoffman and Mr. Meyer Public Comments None Mr. Doherty made a motion to adjourn the meeting, which was seconded by Mr. Meyer and approved unanimously.

PLANNING BOARD MAY 21, 2012

A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs Campbell, Windas, Meyer, Kaye, Hoffman, and Ms. Sheridan Absent: Mr. Forte, Mr. Doherty, Mr. Magovern and Ms. Provenzano Also Present: Doug Kovats, Board Attorney and Board Secretary April Claudio At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Meyer made a motion to waive the reading and approve the minutes of the May 7, 2012 special meeting, which was seconded by Ms. Sheridan and approved by the following vote: In the Affirmative: Messrs Campbell, Windas, Meyer, Kaye, Hoffman, and Ms. Sheridan Opposed: Abstain: Mr. Campbell made a motion to put the following resolutions into a Consent Agenda which would require only one vote for all of the resolutions, which was seconded by Mr. Windas and approved unanimously. Resolutions:

- Granting approvals to 701 Seventh Avenue Associates, 701 Seventh Avenue - Granting approvals to Raymond Langbein, 511 Main Street - Denying the extension of approvals for Rose Williams, 114-116 17th Avenue - Denying the minor subdivision application of Richard Hunt, 139 Terrace Road

Mr. Campbell made a motion to approve the Consent Agenda as listed above, which was seconded by Mr. Windas and approved by the following vote: In the Affirmative: Messrs Campbell, Windas, Meyer, Kaye, Hoffman, and Ms. Sheridan Opposed: Ms. Sheridan abstained from the vote for the Langbein, 511 Main Street resolution. Mr. Meyer abstained from the vote of the Richard Hunt, 139 Terrace Road resolution. Mr. Hoffman abstained from the vote of the Langbein and Hunt resolutions. Mr. Windas abstained from the vote of the 701 Seventh Avenue Associates and Rose Williams resolutions. The reason for the abstentions was due to the members being absent when these matters were originally heard by the Board. There were no applications appearing before the Board. Public Comments None Mr. Kaye asked that Code Enforcement be notified about the sign put up at 511 Main Street which was done without approval. Mr. Campbell made a motion to adjourn the meeting, which was seconded by Mr. Meyer and approved unanimously.

PLANNING BOARD JULY 16, 2012

A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs. Meyer, Windas, Doherty, Kaye, and Hoffman Absent: Ms. Sheridan, Ms. Provenzano, Mr. Magovern, and Mr. Campbell Also Present: Doug Kovats, Board Attorney and Board Secretary April Claudio Mr. Forte did not participate as a Board member as he was the applicant listed on the agenda. At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Meyer made a motion to waive the reading and approve the minutes of the May 21, 2012 special meeting, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Doherty, Kaye, and Hoffman Opposed: Abstain: Mr. Kovats explained that although Mr. Forte is an Alternate Member of the Planning Board he is permitted to seek approval from the Board as a private citizen. Forte - 114 8th Avenue Mr. Kovats explained to the Board that this application is similar to an applicant coming back before the Board seeking relief from a condition of their approvals. Mr. Forte received approval from the Board in 2010 to rebuild his rear structure under the condition it would be age-restricted for rentals to only people 62 yrs. old or older. The rear dwelling was rebuilt per the Board's approval. Since then the Mayor and Council amended the accessory dwelling ordinance, Ordinance 2012-08, which removes the age-restriction language from the ordinance. Mr. Forte explained he would like to lift the age-restriction. There will be no changes to the front house. He submitted three photos, two of the rear structure prior to reconstruction and one showing the structure as it is now after reconstruction with the garage and loft as approved by the Board. Mr. Kaye asked if there will be anymore construction in the rear building. Mr. Forte replied no. Mr. Kaye asked if he has a tenant yet. Mr. Forte replied yes, a single woman. Mr. Hoffman asked why there are two electric meters on the structure. Mr. Forte explained one is for the garage and the other is for the tenant. Mr. Kaye asked how many rooms are in the apartment. Mr. Forte stated there are one bedroom and a kitchen and living area with a bathroom. Public Comment: Eugene Creamer, Fourth Avenue, stated he read Ordinance 2012-08, and doesn't believe the proofs of the ordinance have been met. The section he was referring to was section "B" which states the applicant has to show proof of eligibility to fall under this ordinance and show there are existing accessory dwellings in the neighborhood or in the R-75 zone. He was also concerned about condition "C" which states the structure must be in compliance with all applicable codes. He would assume he is in compliance with building codes since he has a C.O. but what about adaptability and visibility codes. He was also concerned the applicant violates the deed that was filed in which the beneficiary is the public. Feels it is not good policy to remove the availability of housing for seniors. He questioned whether or not the Planning Board can even remove the deed that was filed.

PLANNING BOARD JULY 16, 2012

Mr. Forte stated he did receive a Certificate of Occupancy from the Borough. Mr. Kovats asked Mr. Forte if he is aware of any visibility standards. Mr. Forte replied no. Mr. Kovats believes the Borough has not adopted any visibility codes or requirements. Since the applicant has obtained a Certificate of Occupancy he feels the applicant has complied with the condition of approvals. As far as the public being listed as a beneficiary, he believes that is covered under the noticing requirements Mr. Forte is obliged to comply with, which Ms. Claudio has confirmed was done. No Board Comments. Mr. Kovats explained if approved, the applicant must file a new deed. Mr. Hoffman made a motion to approve the application which was seconded by Mr. Doherty and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Doherty, Kaye, and Hoffman Opposed: Abstain: Mr. Meyer made a motion to adjourn the meeting which was seconded by Mr. Doherty and approved unanimously.

PLANNING BOARD OCTOBER 22, 2012

A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs. Meyer, Windas, Campbell, Magovern, Kaye, and Hoffman and Ms.

Sheridan Absent: Mr. Doherty, Ms. Provenzano and Mr. Forte Also Present: Doug Kovats, Board Attorney and Board Secretary April Claudio At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Meyer made a motion to waive the reading and approve the minutes of the July 16, 2012 regular meeting, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Magovern, Kaye, and Hoffman and Ms.

Sheridan Opposed: Abstain: Mr. Campbell and Ms. Sheridan Mr. Meyer made a motion to waive the reading and approve the resolution granting approvals to Robert Forte, 114 8th Avenue, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Magovern, Kaye, and Hoffman and Ms.

Sheridan Opposed: Abstain: Mr. Campbell and Ms. Sheridan Public: None Mr. Campbell made a motion to adjourn the meeting, which was seconded by Mr. Hoffman and approved unanimously.

PLANNING BOARD DECEMBER 17, 2012

A regular meeting of the Planning Board of the Borough of Belmar was held on the above date at 7:30 p.m., in the Municipal Complex. Present: Messrs. Meyer, Windas, Campbell, Magovern, Kaye, Hoffman, and Doherty; and

Ms. Provenzano and Ms. Sheridan Absent: Mr. Forte Also Present: Doug Kovats, Board Attorney, Board Secretary April Claudio, and Borough

Engineer Paul Calabrese At approximately 7:30 p.m. the secretary stated that adequate notice of this meeting of the Planning Board was sent by fax to our official newspapers, the Coast Star and the Asbury Park Press on November 12, 2011 and by posting a copy of said notice at the Municipal Complex on the same date. Mr. Meyer made a motion to waive the reading and approve the minutes of the October 22, 2012 regular meeting, which was seconded by Ms. Sheridan and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Campbell, Magovern, Kaye, Hoffman, and Ms.

Sheridan Opposed: Abstain: Mr. Doherty and Ms. Provenzano Mr. Hoffman made a motion to waive the reading and approve the resolution setting the 2013 meeting dates, which was seconded by Mr. Kaye and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Campbell, Magovern, Kaye, Hoffman, and

Doherty; and Ms. Provenzano and Ms. Sheridan Opposed: Abstain: I2 VENTURES LLC – 612 FIFTH AVENUE Appearing for this application was attorney George McGill, architect Paul Lawrence, engineer Rich DiFolco, traffic engineer John Rea, and the developers, Sonny Loran and Barry Depeppe. The application is to construct a mixed use building at the corner of Fifth Avenue and Main Street along the Shark River with a parking lot and new private boat slips. Mr. McGill explained the proposed application is similar to what was original approved by the planning board for this site but on a smaller scale and only involve the one property not the three properties as proposed years ago by Diamond Developers. Mr. Lawrence explained the floor plans which includes commercial units, an enclosed parking area, and office for the boat slips, a restaurant, and a public bathroom. The second floor would consist of luxury apartments and an outdoor seating deck for the residents only. There will be twelve, two bedroom apartments and four, three bedroom apartments for rent. The third floor would match the layout of the second floor. Ms. Provenzano stated she would like to see more detailed floor plans. Mr. DiFolco asked for a waiver on the environmental impact statement citing that one was submitted for the previous application for this site which would be the same for this new project. He stated the restaurant would be 4,689 sq, ft., the two other commercial units would be 823 sq. ft. and 795 sq. ft., the office would be 880 sq. ft., and the parasail office would be 588 sq. ft. The building would also have a public bathroom, storage units for the tenants, walkways along the property, five angled parking spaces on Fifth Avenue and 63 parking spaces on site in the parking lot.

PLANNING BOARD DECEMBER 17, 2012

Ms. Provenzano expressed concern about the parking spaces near the corner of Fifth and Main. Mr. DiFolco stated the spaces could be parallel rather than angled and then would be reduced to only three spaces. Mr. Meyer stated the problem with vehicles in that area is only three months out of the year. Mr. Campbell liked the change to three parallel spaces. Mr. Calabrese and Mr. Doherty suggested just eliminating the five street spaces. Mr. DiFoloco suggested limiting them to only be accessible during non summer months. Mr. McGill thought reducing the spaces to three and making them parallel is a good compromise and the traffic expert can speak about that. Mr. DiFolco read through the Borough Engineer’s review letter and addressed each item. He stated there is no signage currently being proposed but any signage will be submitted for review and approval first. The existing bulkheads will be continued to be repaired. Some utility poles and wires will be removed and/or relocated. The plans will be revised to show fire hydrants. There will be two street trees removed to allow for the parking spaces. The heating and a/c units will be on the roof. The lighting on the poles will be standard lighting; similar to what’s throughout the Borough now. There will be no light spillage onto neighboring properties. The flood elevation requirement is 12 feet and the building and parking lot are proposed at 13 feet. The impervious coverage is reduced by 1% and there will be a drainage system on site. Mr. Forte felt that the environmental impact statement from 2008 would not be comparable because no information or plans were submitted showing the original plan and EIS and how it would be comparable. Mr. DiFolco disagreed stating the new proposal has less impact, less units, and less parking. Ms. Provenzano stated she has no objection to granting the waiver. Ms. Sheridan asked if there will be pump outs for the boat slips. Mr. Depeppe stated they are not required but there will be water and a cleaning area. Mr. Forte asked what the hours would be for the public bathrooms. Mr. Depeppe stated it would be similar to the Borough’s schedule for the bathrooms on the boardwalk. Mr. Rea stated the three parallel parking spaces could be time limited. He stated the traffic only backs up there when the bridge is open. Council member Magovern suggested alternating diagonal and parallel parking. The Board agreed to amend the plans to show there would be three parallel parking spaces. The plans will also show the sidewalk area being bumped out more. Mr. Calabrese agreed that the waiver for the environmental impact statement is acceptable. Public Sori Gottdenker, 609 Fifth Avenue, asked if the frontage on Main Street could be limited to 20 ft. Mr. Depeppe stated the store fronts are proposed at 30 ft and 35 ft. Ms. Gottdenker was also concerned about the parking. Board Comments Mr. Meyer stated it is a very well thought out proposal and the property is an eyesore. Ms. Sheridan stated it will look very nice. Mr. Campbell it will be a welcoming site when coming into Belmar and he looks forward to it. Ms. Provenzano stated the proposal is an outstanding use of the property. Mr. Doherty stated it looks good. Mr. Magovern stated the developer has done a great job at other properties in town and will do the same for this one. Mr. Kaye stated it looks great and wants to see more flag poles at the site. Mr. Hoffman was impressed with the application.

PLANNING BOARD DECEMBER 17, 2012

Mr. Windas stated it is a great project and a great gateway into town. He also thought this is a better proposal than the one from 2008. Mr. Windas made a motion to waive the requirement to submit an environmental impact statement, which was seconded by Mr. Meyer and approved unanimously. Mr. Kovats pointed out there are no variances being requested for the site and they are simply seeking site plan approval. Ms. Provenzano made a motion to approve the application, which was seconded by Mr. Hoffman and approved by the following vote: In the Affirmative: Messrs. Meyer, Windas, Campbell, Magovern, Kaye, Hoffman, and

Doherty; and Ms. Provenzano and Ms. Sheridan Opposed: Abstain: Mr. Meyer made a motion to adjourn the meeting, which was seconded by Ms. Sheridan and approved unanimously.