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March 5, 2014


The March 5, 2014 regular meeting of the Point Pleasant Beach Planning Board opened at 7:30 pm. The Clerk read the notice of compliance with the "Open Public Meetings Act. Present were Board members Mr. Gagnon, Mr. Ritchings, Mr. Winter, Tom Migut, Mr. Highton, Ms. Devon, Mrs. Mutter and Councilman Cortes
Absent: Loder, Paesano and Pasola
Also present: Karen Mills, Dennis Galvin and Ray Savacool

Motion by Ms. Mutter, second by Ms. Devon to memorialize the minutes of February 5, 2014
In favor: Gagnon, Ritchings, Winter, Migut, Cortes, Highton, Devon and Mutter
Opposed: None

Application #2014-365 – Fire Co #2 – 614 Laurel Avenue – Block 76; Lot 16 – Applicant is looking to replace storm damaged message sign with smaller LED sign. Courtesy review
Max Gagnon and Tom Migut stepped down from this application.

Paul Grannick, attorney, for applicant. Guy Dempsey, President Point Pleasant Beach Fire Co. #2, sworn.

Dennis Galvin explained that this is a courtesy review. Referenced 40:44D-31 – anytime a quasi-governmental agency is going to make improvements with capital funds they are to appear before the Planning Board to discuss the improvements and hear comments and input. They do not have to follow what is recommended.
Present sign damaged during the storm. Presently each letter needs to be hung while standing on a ladder. An electronic signed can be changed from inside the building. The sign will be slightly smaller than current sign.
The Fire Department is only going to be utilizing the sign to announce upcoming fundraisers and public service announcements (emergency information, voting, flu clinic, etc.). The sign will have a day/night setting. The sign will be self-adjusting. The sign will scroll but flashing will be utilized for emergencies. Sign will shut off at mid-night.
Dennis Carmody – 612 Trenton Avenue – commented that he thought the sign would be better in another location. (Electric lines run underground but would be too hard to move)
No recommendations from the Board

Application #2014-366 – Payton Point, LLC – 49 Inlet Drive – Block 175; Lot 19 & 20 – Applicant proposes to install a 12,000 gallon above-ground fuel tank upon the aforementioned property for marine fuel sales.
William Cleary, applicant and attorney. John Meale, Professional Engineer/Planner. Has previously appeared before Barnegat Twp., Howell Twp. and Stafford Twp. prior, credentials accepted.
William Cleary went on to explain that he is looking to add an above ground fuel tank to his mix use property. They have continuously dispensed fuel via fuel trucks but this is not an efficient process. The applicant is looking for the following variances and waivers -

A. For an existing and proposed rear yard setback of 14.1 feet to the building and 11 feet to the proposed stairs to access a second floor deck, whereas 25 feet is required.
B. For an existing and proposed side yard setback of 2.7 feet, whereas 10 feet is required.
C. For a waiver to permit thirteen (13) parking stalls 9’ x 18’ in size, whereas 10’ x 20’ parking stalls are required.
D. For 15 foot parking aisles and lanes, whereas 20 feet parking aisles and lanes are required.
E. For a waiver for not providing landscaping, lighting, pavement and curbing on the property.

William Cleary went on to say that the office needs to be expanded in order to repair damage caused by Super Storm Sandy and to make the property more harmonious with the proposed tank. The 90 square foot addition to the office is reflected in the proposed site plan. Variance for the rear yard setback is for a staircase that as currently constructed would interfere with the proposed tank. The tank has internal safety features and procedures to prevent spills in the event of natural disasters. The property will be continuously monitored and managed.

John Mele, P.E., P.P., applicant’s engineer, stated that the vapors or fumes from the tank would not present any harm or danger to persons. The rear yard setback requirement contains a two-foot relief for exterior stairs.

The Board finds that the proposed new tank will have sufficient safety protocols to protect the public in the event of a natural disaster thereby reducing the possibility of spills and that the tank is not visible to its neighbors or from the street. The expansion of the office and the relocation of the stairs increase the functionality of the site and the Board agrees the requested variances are necessary.

The Board finds the site plan has substantially met all requirements of the ordinance and represents the best design possible for this site and that the negative impacts arising from this proposal will not have a substantial negative impact on the surrounding property owners.
The benefits of this proposal outweigh its detriments.

Findings of fact
No comments
Motion by Mr. Winter, second by Mr. Highton to approve application #2014-366 of Payton Point LLC with conditions
In favor: Gagnon, Ritchings, Winter, Highton, Cortes, Devon, Mutter and Migut
Opposed: None

Application approved with conditions


1. The applicant agrees to comply with the Board’s Engineer’s letter of March 5, 2014.
2. The landscape plan will be reviewed and approved by the Board’s engineer.
3. Fueling may be conducted only during the daylight hours (between dawn and dusk).
4. At the time of memorialization, the applicant will submit a pavement plan for the Board’s review and approval. The applicant will reduce impervious coverage by using pavers as appropriate.
5. The applicant will present information regarding the overfill protection plan to the Board’s Engineer for his review and approval.
6. The applicant is to construct the tank and pumps in the manner described to the Board at the hearing.
7. The applicant will install curbing along the south property line.
8. The tank will be screened, and the plan will be amended to show the screening.

Meeting adjourned at 9:10pm
Attest: Karen L. Mills, Clerk of the Board

Published March28, 2014 | Planning Board Minutes | 1809

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