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June 27, 2012


Minutes of the June 27, 2012 Special Planning Board Meeting

Opening statement of the Sunshine Law was read
Roll call – Migut, Davis, Shamy, Neumaier, Koscinski, Loder, Corbally, Paesano and Mills
Absent – Thomson
Also present – Dennis Galvin, Ray Savacool and Denise Sweet, court reporter

Motion by Mr. Shamy, second by Mr.s Koscinski to approve he minutes of the April 4, 2012 meeting.
In favor: Migut, Shamy, Neumaier, Koscinski, Loder, Corbally and Mills
Opposed: None
Motion by Mrs. Koscinski, second by Mr. Migut to approve the minutes of the May 2, 2012 meeting.
In favor: Migut, Shamy, Neumaier, Koscinski, Loder, Corbally and Mills
Opposed: None

Motion by Mr. Davis, second by Mr. Shamy to approve payment of vouchers to T & M Associates and the Galvin’ Law Firm
In favor: Migut, Davis, Shamy, Neumaier, Koscinski, Loder, Corbally, Paesano and Mills
Opposed: None

LOTS 2, 4, 5, 12 & 13

Damian DelDuca, attorney for applicant. Referenced site plan by Bohler Engineering marked exhibit A-3. Variances - (4) needed for signage, the size of the directional signs and requires a design waiver (2) for driveways. Applicant has reduced impervious coverage since the informal review.
Will present testimony addressing the Board’s concerns for traffic and safety; this property is unique due to the shape and location. The Board had previously requested to close the south bound access, have talked to TD Bank and they will not consider it due to the fact that it will affect their business. Application has been submitted to DOT and the applicant is awaiting approval; DOT has jurisdiction over the access points. The DOT’s main concern will be adhering to their access codes.
Raymond Savacool, Board Engineer, sworn. Dave Wisotsky, BA and Masters in Civil Engineering, has testified before over 100 land use boards and in over 30 TD Bank applications, credentials accepted. Exhibit A – 3 – Colored rendering of site plan; 2931 square foot TD Bank. Dave Wisotsky explained layout of Bank. Bank will have 7 – 8 employees per shift, total of 14 employees. Drive through hours during the week are 7:30am till 8pm, Saturday – 7:30pm till 6pm; Sunday – 11am till 4pm. Trash is removed by private carrier every day; there will be no dumpster location. The only loading and unloading that occurs is the armored truck and maybe a delivery. There is an ATM located near the front door and one by the drive-in on the south side; there are 26 parking spaces proposed. There will one entry on the southbound 35; there will be egress and ingress on Route 35 north. Ray Savacool stated his concerns for the cars entering a little faster than they should; what will be done to make sure they slow down? Dave Wisotsky believes that the southbound entrance has appropriate site distance. Dave Wisotsky mentioned that they will have bike racks on the site. Mrs. Koscinski questioned where the fire zone is? Dave Wisotsky replied that there isn’t one, but will supply one if that is a condition of approval. Mr. Shamy questioned how many vehicles can be backed up in the queue of the drive through before the south bound ingress and bypass is blocked? (Approximately 6 cars)Dave Wisotsky said they have had discussions about widening the bypass lanes. Chairman Neumaier gave a suggestion to alter the sidewalk to create a barrier to discourage a cut through. Councilman Corbally stated that he is having a tough time with the north side egress and ingress; Ray Savacool explained there is room in the northbound lane for both entering and exiting the bank and continuing north on 35. Mrs. Koscinski inquired if there is a divider between the two (ingress and egress on the north bound side). Dave Wisotsky stated that they will consider it. Applicant has added two shade trees and 260 shrubs to the plan for headlight screening and aesthetics. Using LED lights which will also help with green certification. Ray Savacool requested a housebound shield on the bypass lane light. Technical variance requested for the two free standing signs due to the unique layout of the property and there are three directional signs where one is permitted.
Dennis Galvin stated that he heard green certification mentioned and would like to know what they are implementing for certification. This site is in a tough location for bicycles to access; there are many other criteria that need to be met for green certification. This will be addressed later in testimony. Ray Savacool asked for clarity on the additional landscaping on the west side of the site.
Public Questions
Bill George, 315 River Avenue – Questioned the lights being on all night. He does not see this plan as being a positive for quality of life.

Don Harter, Principal of Atlantic Traffic and Design Engineers, Lehigh University graduate, BS in Engineering, has worked on 15 Commerce/TD Bank applications. Reviewed DOT issues; they would not permit an egress in the south bound lane. They also require an edge clearance of twelve feet. DOT determined this to be a minor application (under 500 trips per day). They foresee queuing not to surpass four cars. Addressed the cut through issue; had observed the area on June 8th and 9th of 2012 and witnessed 19 cars cut through (in a one hour time period) Dunkin Donuts property on both days. Don Harter believes that this site would not be an ideal cut through location because it is too close to the turn around. Has created a twenty foot wide driveway for the ingress on the south side; believes that you are forced to slow down because of the geometry. North bound ingress does not expect much of the jug handle traffic; believes the traffic will be from the northbound traffic. Will ask DOT if an island can be put in between this egress and ingress on the north bound side. Glen Paesano questioned if the DOT could delay the northbound signal to allow the turnaround and northbound lane to be stopped at the same time for people to exit the bank lot? (Does not expect the DOT to allow that for a private business). Don Harter only expects one or two cars to exit the site at a time. Don Harter stated that he believes this is a safe and efficient access plan and the parking spaces are sufficient for the banks needs. Glen Paesano inquired what the line of site is from the turn around to the north bound entrance; (Over 100 feet) His concern is people driving 35 miles per hour and beating the light and someone pulling out of the bank lot and there being a collision. Chairman Neumaier questioned if the Bank was willing to obtain the additional land to make it a safer site, (no, the bank is not willing to pay more to lease this site).
Audience questions
Mrs. George, 315 River Avenue – Told the traffic expert to come watch the traffic on Saturday and Sunday at 11am. She said she has enough trouble getting over from River Avenue.
Glen Paesano inquired if there would be crosswalks? How do people access the site if they do not drive? Chairman Neumaier stated it is a dangerous area for a crosswalk. Don Harter replied that he believes this is a safe site and is only dealing with the onsite issues.
Mark Cahill, Professional architect with Bergmann Associates. He has a graduate degree from the University of Pa and has worked the last two years on bank applications, credentials accepted. Plans were developed with his direction; Mark Cahill reviewed his plans (Ex A-4) Mark Cahill reviewed the signs, their size and placement; reviewed heating and cooling system and green aspects of application. Glen Paesano inquired how long it will take to build (Approximately 15 weeks) and also inquired if it is code compliant for building near the ocean. They didn’t check that out but they have a building package if required that they have used in Miami Dade County that is compliant.
No audience questions of architect
Damian Delduca waived the time to be heard and commented that he would mention the board’s concerns to the bank for the next meeting. He is not at liberty to agree to anything without first consulting with the applicant

Motion by, second by to carry application # 2012-351of TD Bank to August 1, 2012 without notice.
In favor: Migut, Davis, Shamy, Neumaier, Koscinski, Loder, Corbally, Paesano and Mills
Opposed: None

Meeting adjourned at 10:40pm
Attest: Karen L. Mills, Certified Planning Zoning Secretary

Published August02, 2012 | Planning Board Minutes | 1427

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