Judge’s Ruling on Use Variance Approval for Former CVS Site Expected This Year


(Picture by Ryan Morrill)
A conclusion on regardless of whether the Ship Bottom Land Use Review Board should really have granted a use variance for the shuttered CVS Pharmacy in April 2019, when the application for a relatives-model entertainment center was up for thing to consider, could occur in advance of the end of the yr. The matter is now ahead of Ocean County Superior Court Decide Mark A. Troncone subsequent a consolidation of lawsuits opposing the use variance acceptance.  
The information was shipped for the duration of the board’s Sept. 16 assembly by Kevin Quinlan, conflict lawyer for the board. Stuart Snyder, board lawyer, and Robert Butkus, a sitting board member and a councilman, equally recused them selves from any dialogue about the software thanks to ongoing litigation. Board member Ed English, also a councilman, was not present for the assembly on the Zoom platform.  
Wainwright Amusement LLC, which also owns and operates Fantasy Island Amusement Park in Beach Haven, utilized for a use variance for the defunct CVS, positioned around the Causeway Circle, simply because entertainment is not a permitted use in the borough’s common industrial district. Options for the web page include an up-to-date, technological-savvy amusement middle at the web-site, found at Seventh Road and the Boulevard. The lot’s dimensions involve a 200-foot frontage on Extensive Beach Boulevard with a 160-foot depth and a complete good deal space of 32,000 square feet. 
The use variance acceptance was the initial phase in bringing additional family members leisure to Ship Bottom. The next involved a fairly advanced point out gaming license procedure. The ordinance governing amusement licenses is separate from what the land use board could contemplate when it debated the use variance application.  
In his Aug. 27 ruling, Troncone remanded the matter again to the land use board, declaring the board’s selection to approve the use variance was not certain plenty of in the resolution memorializing the acceptance, in accordance to Quinlan. The granting of a use variance need to satisfy sure criteria, which includes, but not constrained to, distinctive causes it’s for the general public very good and that it’s reliable with a municipality’s learn program.  
As a final result of Troncone’s buy, only land use board members who voted in favor of granting the use variance had been needed to reaffirm the approval of a a lot more distinct resolution memorializing the decision, according to Quinlan. Frank Cooper, who chairs the board, Vic Basile, James Bishop, Buddy Dixon and John Hay authorised the new resolution.  
In the resolution, the board outlined its particular reasons for granting the variance, like its locale in the commercial district as nicely as testimony by planners and the applicant that there experienced been variations in the style of businesses and functions in the borough since the licensing ordinance was enacted. 
“The proposed use is not detrimental to the grasp strategy and ordinance but promotes the objectives of advancing Ship Bottom’s location as a loved ones resort as it has evolved since adoption of the current ordinance,” the resolution reads. “The proposed use signifies a far better planning on the web site than other uses, which could not exist on the residence with out a variance.” 
The board mentioned the testimony of an skilled for the applicant that the earlier use was “more powerful, and greater targeted traffic in the space.” It also notes CVS provided a public profit that especially “advanced the purpose of Ship Base remaining a household resort.” 
“The Land Use Evaluation Board is uniquely suited to assess the changes in the group and the interpretation of zoning ordinances, which have progressed above time,” according to the resolution.  
Quinlan said when Troncone procedures on the board’s selection, he could uphold the use variance acceptance, dismiss the situation or “it could be a break up conclusion.” 
A split conclusion would final result from the borough’s licensing ordinance, which given that the early 2000s has minimal the amount of amusement licenses to two in the borough. Hartland Golf and Arcade and Our Countless Summer, located at reverse finishes of the borough’s approximately 1-mile strip of the Boulevard, every very own a single of these licenses.  
In June 2019, two months right after a vast majority of the land use board granted the use variance, Councilmen Peter Rossi, Tom Tallon and Joe Valyo voted to authorize the council’s lawyer to commence proceedings to attraction an application by Wainwright Amusements that would include things like arcade-design online games. Councilman David Hartman, whose relatives owns and operates Hartland Golf and Arcade, experienced recused himself from the vote. English and Butkus, the two sitting down users on the land use board, abstained. Neither English nor Butkus heard testimony on the amusement application when it was right before the land use board. 
— Gina G. Scala
ggscala@thesandpaper.net

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