Board of Adjustment

June 9, 2025 The June 9, 2025 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: Davis, Dixon, Reynolds, McFadden, Kelly, Clayton, Neill and Struncius Absent – McGee, Dealmeida and Loder Link to meeting - https://www.youtube.com/watch?v=kXmG1y53oJI Agenda #2025-18 – Jenks South Inc – 604 Ocean Avenue – Block 83.01; Lots – 1.01 & 4 - Applicant seeks bulk variance relief to install larger roller coaster, a new indoor ride along with gift shop and arcade flex space. Also seeking conditional use for boardwalk amusement buildings, devices, rides and structures. John Jackson, attorney for applicant, stated they are seeking a d (3) variance approval to construct a new roller coaster (to replace existing), construction of a 4,300 SF building addition and a d (2) variance for expansion of a nonconforming use for a proposed roof top deck/new access stair for existing residential apartment with site plan modifications to the existing site. Exhibits entered A1 – Variance Application A2 - Site Plan by Jeffrey J. Carr, Lindstrom Diessner & Carr, P.C. (last rev. 4/8/25); Schematic Design Brochure by Alloy5 Architecture (3/20/25); Rollercoaster Plans by Visa International (1/14/24); Rollercoaster Elevations A3 – Power Point Packet (25 pages) A4 – Board Engineer Report dated 5/27/25 Jeffrey J. Carr, P.E., P.P., sworn, credentials accepted, stated that he is a licensed engineer/professional planner in the State of NJ and in preparation for his testimony reviewed the Application, subject property, relevant Ordinances/Master Plan, viewed the surrounding neighborhood, and the Board engineer’s report dated 5/27/25. The subject site contains Lots 1.01 & 4, total lot area of 48,150 SF; the parcel is located in the RC (Resort Commercial) zone. The site has street frontages on Ocean Avenue and Trenton Ave. He described the proposed roller coaster to be constructed on site to replace an existing roller coaster. He noted the replacement is an improvement to the site in terms of modernizing the amusement park roller coaster and improving aesthetics at the site. He believes the proposal will significantly improve the aesthetics of the site while modernizing and improving the overall amusement use at the site. He described the existing non-conforming residential apartment above the arcade which is proposed to remain, with a proposed relocated roof top deck; which he opined is an improvement to aesthetics and function. He noted that the habitable living space of the apartment is not being expanded as part of the project. He confirmed the conditions that the Applicant does not meet (as set forth in the Board Engineer report) requiring the need for d(3) variance relief for the project). He further confirmed the need for the d(2) relief required for the roof top deck accessory to the existing non-conforming residential apartment use. The proposed site lighting and agreed as a condition to amend the plans to provide a lighting plan that shall be subject to the review and approval of the Board Engineer. He believes that the application meets the criteria for the D (3) conditional use variance required because the site properly and adequately accommodates the proposed development in a way that allows for modernization of the site; improved aesthetics; improved functionality for users of the amusement complex; while creating no detriment to the surrounding properties. He believes that the proposal provides special reasons for the D (2) and D (3) relief required (together with bulk non-conformities) as the application advances purposes of zoning as set forth in NJSA 40:55D-2 (a)(c)(g) and (i)– noting that the proposed use of the site for the amusement complex with existing residential apartment above is particularly suited based on  its location in the beach/boardwalk area and the existing development of the site for same. It provides for a functional and aesthetic improvement to the site and takes advantage of the unique location; while the nonconformities create no detriment to the overall site plan design or function. The zoning benefits advanced outweigh any detriment from the variance relief required from full Ordinance compliance. He believes that there are no negative impacts created by the deviations from strict compliance with the zoning ordinance and that the benefits advanced by the proposed development outweigh any detriments. Anthony Storino, applicant, sworn, stated he is a principal of the Applicant. He noted that the intent of the project is to replace the existing roller coaster with a new, more modern and better roller coaster as depicted on the plans/elevations submitted and he described the proposed building addition and interactive experience/attractions as presented on the plans proposed. He noted that the existing bathroom trailer would be removed as part of the project, with new bathrooms built as part of the addition. These bathrooms would open and available to the public during the hours of operation for the amusement park. In reviewing the floor plans for the addition, he noted that the mezzanine area is for employees only for operations (not a public access space). Lastly, he indicated that the existing residential apartment above the arcade would remain in its current location with a proposed modification to relocate the rooftop deck with stair access. He believes the new deck is more functional and improves overall aesthetics. No persons from the public appeared to comment on the application. Deliberations Davis – The clean up of the building on Trenton takes away a parking space but we get an ADA compliant bathroom. The only negative I see is the enclosure by the bathroom. I think the open air is important. Dixon – I like the idea of closing the ramp to Ocean Avenue. Losing the employee parking. Everything they do is first class. I am sure it will be a really nice project. Reynolds – Glad the ramp is being closed – most of my questions were answered. Time for that side of the boardwalk for upgrades. Always a first-class operation. Kelly – Glad the ramp is being closed; seems no one wants to walk to the corner. McFadden – One of the major faces of our town. Glad to see the improvements. I only see positives in this application. Clayton – I agree with the board’s comments – positives outweigh negatives Neill – In favor – increasing bathroom capacity and improving one of the attractions. Struncius – I agree closing off the entrance will improve safety – certainly positives are very strong with all the improvements. Building, sidewalk and upgrades of rides. Conditions  Applicant agreed to modify the plan to improve the corner planter on site, subject to the review and approval of the Board Engineer.  Applicant agreed to modify the plan to identify the detail of the asphalt driveway to be removed.  Applicant agreed as a condition to repair/replace as necessary, subject to the review and approval of the Board Engineer, curbing and sidewalk at the site.  Applicant agreed to modify the final plans to show the details/dimensions of the architectural boat projection proposed.  Applicant to condition to provide a detail on the final plans for the proposed retaining wall (height, color and style subject to review and approval of the Board Engineer).  Applicant agreed as a condition to provide architecture plans for the proposed building addition and schematic design of the interior rollercoaster.  Applicant agreed as a condition to adjust the location of the building/Himalaya ride to the north, specific location to be subject to the review and approval of the Board Engineer to address the comment in the Engineer’s report at Page 5, paragraph 4d.  Applicant agreed as a condition that the final construction shall be as depicted on the plans/renderings presented to the Board (as to design and materials). Motion by vice chair Reynolds, second by Mr. Kelly to approve application #2025-18 – Jenks South Inc – 604 Ocean Avenue with conditions In favor: Davis, Dixon, Reynolds, Kelly, McFadden, Clayton and Struncius Opposed: None #2025-19 – AFMV, LLC – (Jenks) – 700 – 708 Ocean Avenue – Block 66 lots 1 – 5 – Applicant seeks to install electric parking gate at driveway access, replace existing lighting on site signs, re-stripe existing parking lot and relocate wheel stops to provide additional ADA parking onsite, expand boardwalk to provide access from existing boardwalk to the portable bathroom trailer with larger trailer, and provide emergency beach access. The Applicant seeks d (3) variance approval to reconstruct the existing parking lot with site improvements to include the installation of an electric parking gate at the driveway access on Ocean Avenue, the replacement of existing lighting and site signage, the restriping of the parking lot and relocation of existing wheel stops, expansion of boardwalk to access an expanded portable bathroom trailer and provisions for additional emergency beach access. Exhibits A1 – Variance Application A2 - Site Plan by Jeffrey J. Carr, Lindstrom Diessner & Carr, P.C. (dated 10/14/24; last rev. 4/2/25); A3 – Power Point Packet (7 pages) BOA1 – Board Engineer Report dated 6/6/25 Jeffrey J. Carr, P.E., P.P., sworn, credentials accepted, stated that he reviewed the Application, subject property, relevant Ordinances/Master Plan, viewed the surrounding neighborhood, and the Board engineer’s report dated 6/6/25. The subject site contains Lots 1-5, total lot area of 62,498.89 SF. The parcel is located in the RC (Resort Commercial) zone and has street frontages on Ocean Avenue and Trenton Avenue. He described the location and layout of the existing improvements. He described the proposed revisions to the parking lot/site plan, including - the installation of an electric parking gate at the driveway access on Ocean Avenue, the replacement of existing lighting and site signage, the restriping of the parking lot and relocation of existing wheel stops, expansion of boardwalk to access an expanded portable bathroom trailer and provisions for additional emergency beach access. He described the existing one-story frame building with restaurant/stands on the boardwalk together with parking lot. He described the size/location of the existing bathroom trailer and noted that the proposed trailer is larger with better amenities/efficiency for the public. He noted that the trailer will be directly accessed from the boardwalk with the modifications proposed by the plan. He described the signs to be replaced in their existing location and same size. He described the lighting to be replaced and upgraded. He agreed as a condition to provide a lighting plan that shall be subject to the review and approval of the Board Engineer. He noted that with the proposed re-striping of the parking lot, the site will meet all ADA requirements while also improving the traffic flow/circulation on site and at the ingress/egress driveway. He indicated that the existing site provides for 151 parking spaces, including 2 handicap spaces; while the redesigned lot will provide for 142 parking spaces, including 5 handicap spaces. He believes the proposal will significantly improve the aesthetics and safety of the site with the redesigned/restriped parking lot and the electronic gate would be more efficient and safer for those utilizing the parking lot. He described the modification to the site plan that provides for a 10’ wide access ramp on the beach side of the boardwalk which improves emergency access; this is a benefit to public safety. He believes that the proposed 24’ wide drive aisle (25’ required) is safe and adequate for the proposed use and confirmed that the proposed sign replacement will be back lit (not neon) which requires relief where the sign ordinance requires external illumination. Applicant agreed as a condition to place the sign on a timer, sign to be turned off no later than midnight. He believes that the application meets the criteria for the D (3) conditional use variance required because the site properly and adequately accommodates the proposed development in a way that allows for modernization of the site; improved aesthetics; improved safety at the parking lot; ADA compliance; better bathroom facilities/access for the public; while creating no detriment to the surrounding properties and that the proposal provides special reasons for the D (3) relief required (together with bulk non-conformities) as the application advances purposes of zoning as set forth in NJSA 40:55D-2 (a)(c)(g) and (i)– noting that the proposed use of the site for the restaurant/boardwalk stands/parking lot is particularly suited based on its location in the beach/boardwalk area and the existing development of the site for same. It provides for a functional and aesthetic improvement to the site and takes advantage of the unique location; while the nonconformities create no detriment to the overall site plan design or function. The zoning benefits advanced outweigh any detriment from the variance relief required. No persons from the public appeared to comment on the application. Deliberations Davis – Fairly straight forward – although a departure from the ordinance it will be improved signage. ADA compliance for bathrooms and parking lot and I view it as a safety improvement. Dixon – Mr. Davis covered what I was going to say. Overall improvement for the area – ADA compliant bathrooms and improved signage. Reynolds – Agree with what has been said – overall improvements and safety. Believes the gate should not make noise. (residential area) Kelly – Agree with improvements McFadden – I like everything about this application. Would like more emergency access ramps. Clayton – Application is overall improvements. Neill – Everything has been said - Also in favor of improvements Struncius – No comment Conditions 1. The applicant shall comply with all items set forth in the Board Engineer Report dated 6/6/25 unless specifically exempted herein. 2. Applicant shall provide a final as-built plan with an updated/corrected zoning chart to the Board’s Engineer for his review and approval. 3. The Applicant shall be responsible for the mitigation of any negative drainage impacts on adjacent properties which mitigation/drainage plan shall be consistent with and subject to the review and approval by the Board’s Engineer. 4. The Applicant shall comply with the special conditions, as delineated within the body of this resolution, and agreed to by the Applicant at the time of hearing. Motion by Ms. McFadden, second by vice chair Reynolds to approve application #2025-19 – AFMV, LLC – (Jenks) – 700 – 708 Ocean Avenue with conditions In favor: Davis, Dixon, Reynolds, Kelly, McFadden, Clayton and Struncius Opposed: None Application approved with conditions Meeting adjourned at 10:20pm attest: Karen L. Mills, LUA Clerk of the Board.