Board of Adjustment

March 7,2024 The March 7, 2024 Special Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Kelly, Dixon, Reynolds, Driber, McFadden and Dealmeida Absent – Davis, Neill and Struncius Also, present – Ben Montenegro, Esq, Board attorney and Ray Savacool, Board PE and Karen L. Mills clerk to the Board. Court Reporter – Denise Sweet Memorialize minutes Motion by Mr. Kelly, second by Mr. Driber to memorialize the minutes of November 16, 2024 – In favor: Kelly, Dixon, Driber, McFadden and Dealmeida Opposed: None Motion by Ms. McFadden, second by Mr. Dixon to memorialize the minutes of December 21, 2024 – In favor: Kelly, Dixon, Driber, McFadden and Dealmeida Opposed: None Motion by Mr. Dixon, second by Ms. McFadden to memorialize the minutes of January 18, 2024 – In favor: Kelly, Dixon, Reynolds, Driber, McFadden and Dealmeida Opposed: None Memorialize resolutions Motion by Ms. McFadden, second by Mr. Kelly to memorialize the action and vote denying application 2018- 27 – White Sands – 1201 – 1205 Ocean Avenue – Block 27 – Lots 1, 4 & 5 – Denial In favor: Kelly, Driber and McFadden Opposed: None Motion by Mr. Dixon, second by Mr. Kelly to memorialize the action and vote denying application 2023-35 –of Richard/Anne Colavita – 1707 Beacon Lane Denial – In favor: Kelly, Dixon, Reynolds and Driber Opposed: None Agenda 2024-12 - Arnold Shores LLC – 641 Arnold Avenue – Block 17.01; Lots 23 & 30 – Applicant wishes to expand hotel use with Spa, 68 seat restaurant with 5 seat wine bar. Spa requires d(1) variance. John Jackson, attorney for applicant, reviewed application and requested variances. Exhibit A-3 entered – Power Point Applicant would like to have a restaurant on the lower level. Previous application was for retail use/public market. Ray Savacool explained that the applicant is looking to expand a non-conforming use which requires review from the board. Client proposes to have high end restaurant which they believe will complement the downtown. They believe it will be difficult to secure a retail tenant. Most of the businesses are supported by public parking. Parking in rear will strictly be for hotel. Refuse will be removed daily; restaurant will have 70 seats. Rear of lower level will have a spa to compliment hotel. Ryan Murphy, Esq. representing Scot Dolan (637 Arnold Ave. LLC). Does not believe that the applicant should be able to move forward. Stated he believes that the notice is deficient; believes he has changed the use with the restaurant. Believes a D1 variance is needed. Application should not have been deemed complete; an amended site plan should have been submitted to reflect garbage, parking and lighting. Your ordinance requires a site plan. Mr. Jackson has not required for the application to be bifurcated. Ryan Murphy requested a board vote on whether the board accepts jurisdiction and chooses to proceed. Motion by Mr. Dixon, second by Ms. McFadden to accept the notice and proceed this evening. In favor: Kelly, Dixon, McFadden, Dealmeida and Reynolds Opposed: Driber The board voted to proceed with the hearing, noting Ryan Murphy’s abjection Paul Rugaber, applicant’s PA (PDR design), sworn credentials accepted. Gave an over view of the design and different features. Brick façade in the front and an addition in the rear for access. Proposal for entry on left side on front elevation. Seating for 7o seats including the wine bar. Existing egress to remail. (Utilizing what is there). New stairwells have been added in rear. Spa area and bathroom added on first floor. Building is fire rated. Restaurant will be accessed from Arnold Avenue – parking will be in municipal lots. Full basement for water and drainage. Venting will be through second floor/roof – reviewed kitchen layout. Nothing exterior will be required. Ray Savacool inquired where the venting will be in second floor – not depicted on plan. Also inquired how the plans got changed without board approval. Dennis Driber questioned that at one time there was not supposed to be any windows on the east side? John Jackson stated that fire rated windows were approved. Ray Savacool replied that the fenestrations approved would let light in and not be operational. John Jackson stated that the windows in the rear are different from what was approved. The applicant has agreed to remove the rear windows. Audience questions/comments Ryan Murphy questioned parking requirements. Paul Rugaber replied that he is not aware of any due to public parking. Jason Shamy, neighbor inquired where the a/c units will be located. (On roof behind parapet wall). They are not depicted on the elevations. Jason Shamy inquired if the elevations-built match what was approved by the board. (No – did not verify that) Does not know why the change happened or came about. Inquired if there will be any signs or change in lighting. (NOT SHOWN ON PLANS) Greg Cox – owns adjacent building – referred to first floor elevation – inquired if the first-floor windows will remain the same. Will the owner except the conditions that the history of the building and the windows remain as is. Questioned that the spa patrons will be transversing across a gravel parking lot. (yes) Ben Montenegro questioned the parapet wall height (4 feet) Ryan Murphy, Esq. renewed his objection to moving forward without an updated site-plan. Donald Slaght, principal owner/applicant, sworn, explained his affiliation with the project. Introduced the other applicants, Darryl/Kristie Monticello and his wife Sarah Slaght. Don Slaght explained the new design and how much work has been completed at this time. He explained he has a new chef who is now serving breakfast and does a pop-up menu at Bam Bam. John Dixon questioned that originally the approved open market that would have low traffic – now you want a restaurant that will be open late at night with food deliveries and laundry for the hotel. The neighbor wanted the extended wall for hotel traffic/noise now you will have constant deliveries. This will be a more intense use. I would like to see the parking lot paved with a drainage system. The stone will be difficult for some to access. Garbage was discussed at length – cans will be taken out directly to River Avenue daily. Jay Reynolds questioned how many garbage cans can fit in a 4 -foot by 6-foot area? (6) Ryan Murphy objected to John Jackson testifying in reference to the garbage. The board has many concerns in regard to the garbage. John Jackson replied that they can work on a better refuse area. It will be a BYOB restaurant and seeking an out of state wine license. We would be allowed to have that particular label of wine for sale. Also, might have a meat slicer to offer something while the patrons wait. Audience questions/comments Ryan Murphy questioned if they believe that 6 garbage cans will be sufficient for garbage? Don said that is what they use at Bam Bam. Does Bam Bam operate a hotel on site(no) Don said they will only serve dinners 5 days a week. Proposed hours of operation (Does not know yet) Don said hours might change and they might serve lunch. Does not know how many employees. Estimating being open 5 days a week from 5pm until 9pm but that might change. Ryan Murphy questioned if the hotel will have staff. (No) Have you run a hotel before. (No) Economically not feasible to have a hotel employee. Questioned if they have state approval with the DCA? Believes this is a new D1 use. Questioned what they will do if they cannot get a hotel license. Also questioned the statement about wedding parties. Also noticed the spa and kitchen are adjacent to each other. Will this affect the function of either. (They do not believe so) Jason Shamy questioned this use compared to an open market. He inquired if someone can just come in and sit at the wine bar? (Yes) A lot of testimony on trash was compared to Bam Bam and you feel they will be similar. (yes) Don Slaght replied that they manage their own recycling at Bam Bam. Jason Shamy inquired how many people eat in at Bam Bam on a Wednesday night? (does not know) He inquired if there is room inside the building for trash? Jason Shamy is concerned that in the future with a different owner that things are in place for enforcement. Also questioned how the windows got changed without board approval. Motion by Mr. Driber, second by Ms. McFadden to carry application #2024-12 of Arnold Shores LLC – 641 Arnold Avenue – Block 17.01; Lots 23 & 30 to April 4, 2024 without notice In favor: Kelly, Dixon, Driber, McFadden, Dealmeida and Reynolds Opposed: None Meeting adjourned at 10:35pm Attest: Karen L. Mills, LUA Clerk of the Board.