The Bayonne Zoning Board of Adjustment has rejected an application to appeal the Zoning Officer’s decision regarding the operation of a jet ski rental business out of the Elco Fisherman’s Marina at 50 Marina Drive at Boatworks.
According to the Zoning Officer Tracey Tuohy’s ruling, jet ski rentals are not a permitted use, rather a new use that would need a variance to operate at the marina. The board voted to uphold that decision at its Feb. 28 meeting.
Attorneys testified on behalf of both applicants, Elco Fisherman’s Marina, LLC and Fly Jet Ski, LLC, that the board should overrule the Zoning Officer and allow the business to continue to operate without a variance. Attorney Edward Purcell represented the marina and attorney Richard Schneider represented Fly Jet Ski.
At the start of the meeting, Chairman Clifford Adams clarified to the public in attendance the board was only ruling on whether to overrule or uphold the Zoning Officer’s decision. This was the second part of the hearing which first took place at the December meeting of the board before being carried to the January meeting. However, that meeting was cancelled and the application was carried to February.
At the first hearing, Purcell said that the jet ski rental business is a permitted use at the site since there was a 2002 resolution of approval by the Bayonne Planning Board which recognizes the marina. Ahmed Youmes, President of Fly Jet Ski, LLC, said there are fourteen jet skis and six tour guides, with each tour accompanied by a tour guide. Stephen Vita, manager of the marina, said it’s his opinion that a commercial jet ski rental business is the same as renting to the others they are renting to, including recreational boaters, transient boaters, fishing tours and other boat slip renters.
Jet ski rentals on Newark Bay?
At the February 28 meeting, Elizabeth McManus, professional planner, testified that the marina was a public amenity. According to McManus, the marina was approved per the resolution in 2002, and it was privately operated and publicly available. The resolution states that “the retention and enhancement of the site’s existing marina encourages a recreation amenity for the entire Bayonne community,” not just for residents of Boatworks.
“This is, I would say, very differentiated from what is sometimes intended as a private amenity on a property,” McManus said. “This is very clearly intended as use that’s open to the general public.”
According to McManus, other documents at the time support this including: a city planner report from 2002, a planning report from the re-developer from the same time, and the master deed of the property.
McManus said the resolution references “boat slips, docks, piling bulkheads, and other facilities located in a marina unit for the normal operations of a commercial unit.” She suggested the wording means jet skis are included.
Additionally, McManus argued that public marinas such as the aforementioned one commonly allow jet skis. According to McManus, jet skis can be rented at marinas across the state, and rental operations exist in Jersey City and Hoboken.
“Jet ski rentals are all located at marinas here in New Jersey,” McManus said. “They are not located on a separate use that would not be classified as a marina… There are a number of marina facilities across New Jersey that offer boat rentals as well as jet ski rentals… The situation that we have here in Bayonne, where we have a marina providing slips for boats as well as jet ski rentals is not unusual. This is simply how these types of facilities are provided here in New Jersey.”
‘Not a new use’
In response to Purcell, McManus said that the jet ski rentals are not a new or additional use.
“It’s not an additional use, it’s like an additional commercial tenant,” McManus said. “It’s simply another facet of the same use.”
McManus argued site plan approval or a variance was not needed to allow jet ski rentals at the marina: “If I’m opening a coffee mug store and adding a tea cup collection, it’s not a change of use. It’s simply coupling a similar use within the building.”
Attorney Donald Onorato, representing the Boatworks Condominium Association, asked the board to uphold the Zoning Officer’s decision. Onorato had previously examined the applicant’s witnesses at the December meeting, arguing the marina was part of the Condo Association and that zoning changes would need to be made for the jet ski rentals to operate.
Onorato asked McManus if jet skis are specifically mentioned in the 2002 resolution, to which she confirmed it was not. He then brought forward another planning witness, Michael Pessolano, who testified that the Zoning Officer’s rejection was warranted because jet ski rentals are a new zoning use.
“The addition of a jet ski rental business here at the marina is a wholly new use, constitutes an expansion of a non conforming use,” Pessolano said.
As such, a variance must be obtained, he argued. He added that jet ski rentals are an expansion not enhancement of the marina.
“The introduction of this wholly different operation from the marina, which was envisioned to accommodate pleasure boats, as a night and day type of difference,” Pessolano said.
Board rejects zoning appeal
In response, applicant attorneys questioned how boat marina is recreational use for everyone in Bayonne since not everyone owns a boat. They argued that anyone can rent a jet ski thus making it for the public. Pessolano didn’t agree, and said that the 62 boating slips were open to everyone, even though it is a limited amenity.
During the public hearing, resident Gail Godesky asked board to vote down the appeal: “There are other safety issues that need to come into play.”
Adams agreed with the Zoning Officer that if not specifically stated, it’s not permitted. Vice Chairman Nicholas DiLullo and Commissioners Louis Lombari, Joseph Pineiro, and Cindy Sisk-Galvin agreed, all adding that they would be voting against the appeal for the same reason.
Commissioner Arrigo De Ros also agreed with the Zoning Officer’s original decision, adding that he had safety concerns about the jet ski operations. Commissioner Ehab “Jimmy” Gamal was in favor of the jet ski service in Bayonne, but wanted to postpone the vote to have a zoning report drawn up by city officials. When the board noted it was going forward with a vote, Gamal opted to abstain.
The board voted 0-6, with Gamal’s abstention, to reject the appeal of the Zoning Officer’s decision. Now, if the Fly Jet Ski seeks to stay in open in Bayonne, it will need to go before the Zoning Board again for a variance.
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