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July 3, 2013


JULY 3, 2013
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: Tom Neumaier, Mitch Winter, Thomas Highton, Jr., John Pasola, Glen Paesano
Also present was Dennis Galvin, Esq., Planning Board Attorney and John Walsh, P.E., T & M Associates, on behalf of Raymond Savacool, P.E., Planning Board Engineer.
Motion by Mr. Paesano, seconded by Mr. Highton and approved by roll call vote of those members present: Planning Board minutes of June 5, 2013 meeting approved. (Members not voting: John Pasola, Mitch Winter)
Clerk stated that Planning Board members, Mitch Winter and John Pasola, who were not present at the first hearing held on June 5, 2013, executed Certifications confirming that they have listened to the tape of the hearing from the June 5, 2013 meeting.

Clerk confirmed receipt of June 39, 2013 letter from Raymond Bogan, Esq., attorney for applicant, wherein the applicant advised that they are withdrawing Phase II of the application and will only proceed and require approval for Phase I in which they propose to fully occupy the existing building on Lot 1 and to restripe the parking lot to provide adequate parking for the use.

Mr. Galvin indicated to the Board that there are 16 uses permitted for this property; normally when there is a change of use, you have to apply before this Board for site plan approval to assure that it would function properly. This applicant wanted to speed up the rental process and is asking for approval and after an analysis of the permitted uses agreed to reducing the permitted uses even further. Mr. Pasola questioned Mr. Galvin whether or not this type of blanket approval request is a common occurrence. Mr. Galvin indicated that in his experience it is not that common.

Mr. Bogan stated that if we space is rented as office space we would not need approval because we would just be replacing the existing tenant. Retail space would be a change as would other permitted uses in zone and we would then apply for a co and determine the square footage of the space and it necessary would be told to apply to this Board for approval. We would agree to limit ourselves to those permitted uses a through g on the list as previously agreed. The purpose of our request is because of the challenge to rent this space, potential tenants turned off when told they would have to wait until we got approval from the Planning Board.

Mr. Pasola questioned Mr. Bogan on whether or not he felt this request for blanket permission for several uses before is the right thing to do and is fair for the residents. Mr. Bogan indicated that he felt it was fair and reasonable, that the applicant has already agreed to restrict certain uses already permitted; residents will know what the uses would be; site was previously a supermarket; in my opinion I think everyone needs to look at the

site and nature of uses. Mr. Winter expressed concern about the Board taking a leap with this because of the parking. Mr. Paesano questioned under the current ordinance what is the number regarding parking. Mr. Walsh stated that based on the entire site and uses including the rehab, the site does not meet the parking requirements, which is 137 spaces based on 75% of building being accessible to the public.

Discussion continued between Mr. Walsh and Mr. Gillilgan as to their computation regarding the parking requirements for the uses on the property including the variance granted for parking in prior approval from 1993; there would be a range depending on the proposed uses as retail is more intense. It was determined that 176-185 parking spaces would be required and 147 are being provided. Mr. Clayton researched prior approvals and the ordinance and provided his information based on square footage of the building at 18, 834 sq. ft., the existing tenants and uses.

Mr. Bogan advised the Board that they met with a few of the objectors regarding the issues that were raised at the last meeting. As a result, the applicant is requesting the Boardís consideration for a further reduction in the parking stalls to from 10 ft to 9 ft 8 in. Looking at Exhibit A-3 presently showing a one way aisle would change to a two way aisle by reducing the size of the parking stalls would provide a better flow of cars and a 25 ft. 2 way aisle all around; additionally, a designated stall for delivery to potential retail at north end of parking lot.

Mr. Paesano questioned the parking for the permitted uses listed in A-G. Mr. Walsh indicated the most intense use in that list would be the retail, i.e. dept. store and also that they would be approving the change of use and also restriping of the parking lot.. Mr. Galvin advised the Board that if they go outside the A-G list they would have to come back before this Board for approval. Further discussion was held regarding change of use and parking requirement. Mr. Walsh stated that in 1993 application was made to the Board and approval granted for the share use of 63 spaces between Meridian and the offices for the bank. In response to Mr. Paesanoís calculations, Mr.Walsh confirmed there is a shortage of 38 spaces.

It was confirmed that there would be no dumpster and with respect to lighting there are four building lights and one parking lot light.

Chairman Neumaier opened the hearing to public comment:
Donna Anderson Landers residing at 820 Oak Terrace was sworn in and stated that she purchased her home approximately five years ago in the quiet library section of town; concerned about Phase I and potential parking; I donít want 37 more cars on my street; there is already an issue on Grove and Lincoln with cars speeding; very upsetting; effecting her property value.
Matt Nagle, residing at 818 Grove Street was sworn in and thanked the applicant for withdrawing Phase II; also expressed concern about why not give the residents a chance; no going back there is nothing awful on the list but what about five years from now; also expressed concern for safety of kids walking in the area; in response to his concern, Mr. Nagle was advised that the parking lot cannot be restriped without approval

Evelyn Ogden, residing at 816 Grove Street was sworn in and expressed her concern regarding the smaller parking spaces except one at the end; warehouse is approved; Mr. Gilligan stated the space is for small delivery trucks; confirmed that there would be no dumpster; expressed concern the restriping of parking lot will push traffic even more onto Timber Lane.
Michael Cilento, residing at 418 Lincoln Avenue was sworn in and stated concerned about traffic increase on Grove and Lincoln Avenue; town cannot handle; presently landscaping company from another town using parking lot; added trash to Lincoln Avenue; Timber Lane is a small lane and it is not fair to residences; urge the Board to vote against application.
Charles Schafer, residing at 813 Grove Street was sworn in and stated he was concerned about vehicular issues; site triangle; landscaper from out of town using Lincoln Avenue; lot needs to be cleaned up
Bea B Huche, 420 Lincoln Avenue was sworn in and stated that he comes down, cleans up trash etc. from his momís property; he helps her take care of the property & collects bags and bags of trash including broken bottles/glass; this proposal would increase the trash in the area .
Eric Lang, residing at 812 Grove Street was sworn in and stated people on Timber Lane living behind existing building; if you allow more parking there would be more worry for children living in the area; concerned about deliveres to Dollar General at times there are 2 or 3 in lot waiting to make delivery

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

Mr. Bogan, in his closing summary, stated that what we are seeking are permitted uses and in that regard we have further restricted those uses. The rental space can be used as an office without any further approvals required; we have tried to do things with the parking lot; not proposing to restrict egress; what we are asking will be an improvement in safety; will redirect car traffic to Arnold Avenue.

Board Deliberation:
Glen Paesano expressed concern about the parking situation; if there was a specific tenant we could consider the actual use; but this way extremely vague
Mitch Winter expressed concern for residents and also feel for the Claytons; this is too broad even with A-G; possibly get rid of retail sales/department stores would feel better; very concerned about retail
John Pasola stated his concern is for the residents in the area; ordinance has been designed to protect them; obviously as we have heard tonight from several residents; I do feel that the Board should adhere to the regular policy.
Tom Highton agree pretty much with everything that has been said; difficult to give blanket approval without any input

Motion by Mr. Pasola, seconded by Mr. Winter and unanimously carried by roll call vote of those members present (Messrs. Pasola, Winter, Neumaier, Highton, Paesano): Application #2013-356 Clayton Family LLC Phase I denied and Board Attorney, Dennis Galvin, Esq. directed to prepare Resolution for adoption by the Board at its next meeting scheduled for August 7, 2013.

Pending Application:
APPLICATION #2013-358524 Arnold Avenue Associates / Site Plan
For Change of Use to allow Wine Point Store
Property: 524 Arnold Avenue, Block 89 Lots 4,5,6,7 &18
Application scheduled for hearing on Wednesday, August 7, 2013.
Per Mr. Galvin, Clerk to confirm with Municipal Clerk that the liquor license has been issued.

There being no further business to come before the Board, on a Motion by Mr. Winter and seconded by Mr. Highton, the meeting was adjourned.

Respectfully submitted,

Diane F. Johnson, Clerk

Published August29, 2013 | Planning Board Minutes | 1664

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