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AUGUST 1, 2012




Chairman Neumaier stated that this is a regular meeting of the Point Pleasant Beach Planning Board and adequate notice of this meeting was given by publication in the Ocean Star and by posting a copy of said notice in the front office of the Borough Hall.

Members present: Chairman Neumaier, Susan Loder, Tom Migut, Tom Davis, Jason Shamy and Glen Paesano.
Also present was Dennis Galvin, Esq., Planning Board Attorney and Raymond Savacool, Planning Board Engineer.

Motion by Mr. Migut, seconded by Mr. Shamy and approved by roll call vote of those members present: Planning Board minutes of June 27, 2012 meeting approved.

Property: Route #35, Block 113, Lots 2,4,5,12 & 13
Damian DelDuca, Esq., attorney for the applicant stated that their presentation for this application for preliminary and final site plan approval was completed at the last meeting and questioned whether or not there were any additional comments from the Board members.

Mr. Paesano expressed concern over the traffic patterns etc. that were previously discussed; was under the impression DOT approved the access permit but understand that DOT comments regarding this issue are not expected until September 5, 2012; Mr. Galvin explained that any approval granted by this Board would be subject to DOT approval of access permits. Mr. DelDuca advised the Board that his client reviewed the access points and interior circulation including the bypass lane and the bank has concluded that they do not want to make any changes and that the proposed plan before the Board is the best and safest. Discussion continued regarding Mr. Paesano's concerns over the access permits. Mr. Nisotsky and Mr. Harter reconfirmed prior testimony regarding the traffic patterns etc.; DOT requirements, regulations, concerns, approvals etc.

Mr. Galvin reminded the Board that the only variances required all relate to the signs: 1)1 proposed sign is greater than 50sqft; 2)2 proposed freestanding signs where only 1 I permitted; 3)size of 3 directional signs; lot is conforming as to size, setbacks etc.

There being no further Board discussion, Chairman Neumaier opened the hearing to public participation.

Joanne Chiefa, 311 River Avenue; expressed concern about traffic situation; cars get backed up on Route #35 from the Dunkin Donuts; bank could be more hazardous especially on Friday, Saturday and Sunday, she would not want to have to go that bank on a weekend
Mike Chiefa, 311 River Avenue; understands DOT is going to approve the project; hardship; Mr. Galvin indicated the Board must act on the application and if approved would be subject to DOT approval; also questioned the distance on Route #35 north to the Dunkin Donut; Mr. Hart indicated that the DOT would not be concerned about the Dunkin Donut property when reviewing this application especially since there is another piece of property between.
Bill George, 315 River Avenue; if approved and all permits are received is the bank going to stay; I do not see this property being a viable business; we could end up with another vacant bank; Mr. Galvin indicated that no decision of the Board can be based on market conditions for either the Town or the applicant; Mr. DelDuca indicated that his client researched and went through selection process and is willing to spend a million dollars for this project.

There being no further public participation that portion of the hearing was declared closed.

Mr. DelDuca offered the following closing comments: application is requesting preliminary and final site plan approval; project complies with ordinance requirements; extensive testimony was provided on safety, traffic issues, location of access driveways; unique piece of property; would like to see a TD Bank there; off site traffic issues not a basis for denial; 2 waivers are requested: a)no loading zone; and b)driveway location; variances requested all relate to the signs on the property and are not a detriment to the public good; site plan law says you have to approve but even if not; it is a good plan for the property and it should be approved.

Mr. Galvin reviewed conditions for Resolution, if approved:
1. DOT approval - any change, applicant has to appear before Board;
2. Applicant must comply with T&M Report dated June 20, 2012;
3. Revised plan to include fire lane;

Comments/deliberations by Board members:
Tom Migut = bank is a conforming use; I do not think that there will ever be development for a residential home; commercial use coming that is low use; variances are diminious in nature; I am in favor of approval.
Jason Shamy = in favor of application; experts testified; no conflict testimony from our engineer; this is a good project; understand neighbors concerns but DOT has jurisdiction over the access points.
Glen Paesano = in favor of approval; good use of property; only concern was with ingress and egress.
Tom Davis = it is unfortunate that things we are concerned about we have very little control over; did questioned Mr. Savacool regarding the ATM and lighting; agreed that the lights would be on timers every day and coordinated with other lights
Chairman Neumaer = agree with everything Board members have stated

Motion by Mr. Migut, seconded by Mr. Shamy and unanimously approved by roll call vote of those members present: Application for preliminary and final site plan approved and Board Attorney directed to prepare Resolution of approval for adoption at the Board's next meeting.

Clerk advised the Board:
1. no correspondence
2. no pending applications
3. other business:
Spoke with Gregory Cox, Chairman of the Historical Preservation Committee who advised that the Committee has been actively categorizing buildings of historic significance with the Town and would like approximately 15 minutes to meet with the Board at its next meeting scheduled for September 5, 2012. Board agreed.

There being no further business to come before the Board, on a motion by Mr. Shamy, seconded by Mr. Migut and unanimously carried by roll call vote - meeting adjourned.

Respectfully submitted,
Diane F. Johnson, Clerk

Published September10, 2012 | Planning Board Minutes | 1440

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