Waypoint project shot down again

By MAUREEN L. CAWLEY
Staff Writer
WILDWOOD – After six months of deliberation and appeals, the zoning board again withheld approval for the 23-story Waypoint Beach Club project, which was proposed by developer Larry Howard to replace The Binns and Bonito motels on Ocean Avenue between Spenser and Spicer avenues. Submitted plans for the DooWop-style condotel included 185 residential units and 114 motel units, a five-story parking garage, a ballroom, retail space and restaurants.
The plans came before the board again on Monday, Nov. 28 after Howard’s attorney Stephan Nehmad appealed the board’s decision to withhold approval for the project, contending that board member, William Mitchell, had a conflict of interest.
Nehmad asked the board to discard Mitchell’s negative vote because his wife, Mary Mitchell, had spoken against the project at a public hearing in September.
The board voted unanimously to discard Mitchell’s vote and to vote on the project again.
In the mean time, two board members stepped down, and two more appointments were made. Paul Reidenbach’s request for a leave of absence was just accepted by commissioners on Wednesday, and alternate board member Dan Fleming, who had voted for the project in Sept. moved into his seat.
Architect, Todd Kieninger replaced Richard Osman in September. As a result, he was asked to listen to tapes of the testimony on the project so that he could participate in the re-vote.
Residents of Spencer Avenue attended Monday’s meeting with their attorney Brock Russell, though they were not permitted to testify.
Zoning board attorney William Kaufman said that no further testimony would be taken on the project.
“That is the chairman’s (Raymond McGrath) ruling,” he told Russell. “You and Mr. Nehmad had ample time to speak.”
Because of laws regarding zoning use variances, the seven member board needed to approve the project with a five vote majority. The project only received four of the necessary votes in September.
Variances were requested for height, building coverage, lot coverage, floor area ratio (density) and setbacks. The allowable building coverage in the hotel zone is 75 percent; the proposed Waypoint project covered 86.8 percent. The allowable lot coverage is 80 percent; the impervious surface on the proposed project was 89 percent.
The six board members who voted in September did not change their mind in the interim. Four board members: McGrath, Steve Lerario, Dennis Krause and Dan Fleming voted for the project. Dorothy Gannon reinstated her belief that the project needed too many variances.
“Somewhere along the line we need to comply with the ordinances,” she said.
Board member Elaine Biliris, who cast the deciding vote in September, restated her opposition to the project with greater conviction the second time around.
“There is no rear yard to speak of. There is no front yard either. The building is too big,” she said. She expressed displeasure with the appeal and the need for the re-vote.
“There is no reason for me to change my vote,” she said.
All eyes were on Kieninger cast the final and deciding vote.
“It’s a fantastic design – very elegant. But it is too tall for this property,” Kieninger said, expressing his belief that building of this size were better suited for Ocean Avenue and in the vicinity of the convention center. “I vote ‘no,’” he said.
Some of the Spencer Avenue neighbors had come expecting the worst, and they were pleasantly surprised.
“I am thrilled to death,” said Michael DellaVella, who owns a condominium in the Rising Sun complex that directly abuts the site, proposed for the project.
“I am extremely surprised,” he said. Original plans for the project included a six story wall to be built four inches from their property line, and Della Vella and his neighbors have been fighting approval of the project from when they learned of the application in June.
DellaVella and his neighbors have expressed frustration with the project and the approval process from the onset. He was notified of the developer’s plans by a neighbor just a few days before the public hearing. As the result of a bureaucratic glitch, he and the other residents received no written notice, as required by law.
Many missed the first public hearing on the project and were told initially that they had missed their chance to speak. Eventually, they were allowed to voice their opposition to the board.
“Wildwood has not welcomed us here,” DellaVella said. “It has not accepted us as neighbors or as friends.”
DellaVella contends that the recently reconfigured motel zone, allows for high rises to be built too close to new residential developments, compromising residents’ quality of life and property values. He is considering selling his condo.
In spite of that, he is jubilant, and invited his neighbors to steak dinner following the vote.
“When they reshuffled the deck,” he said, referring to the changes on the board, “We thought it was over. This is great.”
He expects that a new application will be submitted in the future, and he and his neighbors vow to fight anything that does not conform to the zoning laws.
“No matter what, I am dedicated to this fight,” he said.

Maureen L. Cawley can be e-mailed at maureen.cawley@catamaranmedia.com or you can comment on this story by calling 624-8900, ext. 250.