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June 4, 2014


The June 4, 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, Chairman Migut, Mr. Highton, Ms. Devon, Mrs. Mutter, Councilman Cortes and Mr. Paesano
Absent: Loder and Winter
Also present: Karen Mills, Dennis Galvin and Ray Savacool
Memorialization of May 7, 2014 minutes – Motion by Ms. Mutter, second by Ms. Devon

In favor: Gagnon, Highton, Migut, Cortes, Mutter and Devon

Opposed: None

Memorialize Resolutions

Motion by Ms. Mutter, second by Councilman Cortes to memorialize the action and vote approving application ##2014-373 of the Poached Pear with conditions.

In favor: Gagnon, Ritchings, Highton, Mutter, Cortes, Devon and Migut
Opposed: None

Motion by Mr. Highton, second by Ms. Mutter to memorialize the action and vote approving application #2014-374 of Steven Batistas d/b/a Dough with a Hole with conditions

In favor: Gagnon, Ritchings, Highton, Cortes, Mutter and Migut
Opposed: None

Motion by Ms. Devon, second by Ms. Mutter to memorialize the action and vote approving application #2014-368 of Cellco d/b/a Verizon Wireless with conditions

In favor: Gagnon, Highton, Cortes, Devon, Mutter and Migut
Opposed: None

Application #2014-370 – Application #2014-369 – The Clayton Family, LLC – 813 Arnold Avenue – Block 200; Lot 1 – Applicant seeks to restripe the existing parking lot on the westerly side of the building in a manner consistent with the parking lot on the easterly side.

James H. Clayton applicant and attorney, sworn, credentials accepted stated that this application is quite strait forward. Applicant is looking to only re-stripe the parking lot.

Charles Gilligan, Professional Engineer, sworn, credentials accepted reviewed Engineer’s review letter. He stated that nothing is being done to east side of parking lot. There will 54 parking spaces and requesting a design waiver to have the spaces 10 by 18 feet to help create the pedestrian isle. There will be one entrance off of Arnold Avenue and three (3) exits off of Timber Lane. This will help create some order for the lot. Councilman Cortes questioned if there will be any loading zones. (No) Mr. Paesano questioned why there is just one entrance off Arnold but three (3) exits on Timber Lane. Charles Gilligan believes it is the best way to direct traffic.

Audience questions

Evelyn Ogden, 816 Grove Street – Pictures entered as N-1 (series of pictures) taken by herself a week ago. Depicts the lot in question. Believes the new plan will be a free for all. She would like curbing to direct the cars.

Matt Nagle, Grove Street – Questioned the requested waivers. Also inquired if they build a new
building will they be asking for waivers again (no). Is worried about the cars driving fast and children playing; believes a curb would end concerns.

James Clayton would have no objection to putting up plantings and a no right turn sign; but does not want to go to the expense of curbing which should alleviate the concern.

Some board members would like to see six (6) spaces removed so cars can turn around in the parking lot instead of turning around on Timber Lane which is not part of the parking lot.


Mr. Gagnon – Believes curbs would make Timber Lane too narrow and would be a problem in the winter with the snow plough.

Ms. Mutter – Does not want to see curbs but would like the six (6) spaces removed so cars can turn around in the lot.

Mr. Highton – Also does not feel it needs to be curbed but believes traffic should be redirected back on to Arnold Avenue.

Mr. Ritchings – Believes there is enough room for 50 cars now; believes this will improve the lot. It is an existing lot and this will make it more organized.

Councilman Cortes – Believes paving and striping will make it better. In favor of concrete islands like there is on the east side that will define the ingress and egress. Have previously had complaints of unloading from Dollar General. (Does believe that is taken care of)

Chairman Migut – Does believe the parking lot should be better designed. Timber Lane should not be used to turn around.

Motion by Chairman Migut, second by Councilman Cortes to deny application #2014-369 of The Clayton Family, LLC.

In favor: Cortes, Paesano, Devon, Mutter and Migut
Opposed: Gagnon, Ritchings and Highton

Application denied

Application #2013- 362 – B & H 1997 LLC (Jaeger Lumber) – 411 Central Avenue – Lot 3; Block 106 Applicant wishes to remove older existing warehouse building and lumber storage area with covered roof and replace with 5 lumber storage sheds. (This is the lot on the North side of the street)

Carried without notice from the April 2, 2014 meeting

Mr. Paesano and Mr. Highton have stepped down from this application.

Ray Bogan, Esq, attorney for applicant, reviewed requested variances and highlights from previous hearings and he stated that the applicants have revised the plans to decrease, height, building coverages and setbacks.

Robert C. Burdick, P.E., P.P., sworn, reviewed the revised plans and stated the following:

A. Shed 1 has been moved 8 feet further away from the entrance. The height has been reduced to 18 feet at the edge and 19.5 feet at the peak.

B. Sheds 2 and 3 shifted 5 feet from the property line and will now be 7 feet from the eastern property line. The height of sheds 2 and 3 will be reduced to 18 feet at the edge and 19.5 feet at the peak.

C. Shed 4 will not change in height or location.

D. Shed 5 was reduced in size to provide a 4 foot setback at Central Avenue and a 2 foot setback at the north side. The height will remain the same.

E. Shed 6 has been moved away from the entrance and also moved 4 feet from the property line on Central Avenue.

F. The size reduction of the sheds will decrease impervious coverage from 94.09% to 92.77%.

G. The landscape plan has been revised to show that additional street trees are to be planted along Central Avenue.

H. Concave mirrors will be installed at the entrance of the facility.

I. Recharge pipes have been added at each of the drive aisles east to west and the 7 foot recharge area along the east side of the property will have landscaping and will be maintained by the applicant.

J. The north side of the property will be planted with white pine trees will be planted on Borough property if permission is granted from Council. In the event Council does not grant permission to plant white pine trees on their property, the applicant will install living walls similar to what is proposed at the front of the property.

K. The siding on the east end will be horizontal siding and additional windows will be added to make the building look more residential.

L. The size of the trellis for the living wall will be eight feet in height and 8 feet in width.

M. The aisle lighting on the site has been eliminated. All of the lighting will be located in the west area where the central loading and unloading area is conducted.

N. The applicant will install a 6 foot high fence in the front yard between the buildings.

O. There is no on-site parking. The customers will temporarily park in the delivery and pick up area.

P. Customer parking is located at the main facility south of the site.

Q. Trash pick-up is at the main facility south of the site.

R. The applicant will comply with all flood hazard regulations.

Audience questions/comments

Kathy Wohlfeil, Central Avenue – Still has concerns about losing her view of the sky and the buildings blocking her light. She believes that the sheds are still massive without any slope and that they will be box like and unacceptable.

George Meyer, 404 Central Avenue asked how many years it will take for the living walls to grow. He was informed that English ivy is fairly fast growing and will take about 3 to 4 years. Does not feel that there has been any effort to create a structure that is aesthetically pleasing and believes that these structures belong in an industrial park.

Cindy Groff, Central Avenue - Inquired what the required front yard setback is for Lot 2 and asked if he thought that a house would block the light. She was informed that the setback requirement is 25 feet and that it would block the light and air. Is still concerned about the safety issues.

Linda Meyer, 404 Central Avenue - asked where the chain link fence would be located. She was informed that the chain link fence will go in between the buildings and the vinyl fence on the east side will be white vinyl fencing. She believes that the buildings are too high and that the buildings should be setback further.

John Maguire – Thinks the setback should be much further back with trees that stay green all year round.

Ray Bogan, Esq. closing arguments


1. The applicant is to install landscaping, including the living walls and street trees as shown to the Board at the time of the hearing.

2. The applicant is to use trees in consultation with the Shade Tree Commission.

3. The applicant is to maintain the plantings and the living walls and will replace any plant material that fails within thirty (30) days of being notified by the Zoning Officer during the planting season.

4. The applicant must obtain the governing body’s approval of the proposed plantings on the Borough’s property. In the event the Council rejects this proposal, the applicant will plant a living wall along the length of the building.

5. The applicant agreed to use residential hardy board siding on the exterior façade as described to the Board at the time of the hearing.

6. The applicant is to install concave mirrors for safety purposes, in consultation with the Board’s Engineer.

7. There is to be no storage in the loading area, the Board understands that there will be temporary staging to allow for loading.

8. The fencing is to be white vinyl along the east side of the site.

9. The applicant is to install street trees along Central Avenue and Cook Avenue.

10. The applicant is to install a low-volume audible alarm in consultation with the Board’s Engineer to notify the public when the forklifts cross the road between the properties.

11. The applicant is to comply with the Board Engineer’s letter of May 30, 2014.

The Board was aware that some of the neighbors still had concerns about the height of the sheds blocking the light and air on their properties however the Board determined that the light and air would not be negatively impacted any more so than the large dilapidated storage shed that is presently on the property.

The Board is pleased that the applicant made adjustments to the proposal to decrease the height and size of some of the sheds and also was pleased that the sheds will be moved further back from the property line and that the overall proposal will represent an aesthetic improvement to this location.

Mr. Ritchings – Wished the applicant had submitted a compliant site-plan. Would have liked to hear more about the volume of lumber moved through the property to see if this many buildings was necessary. Believes the applicant has proposed the maximum building coverage of the space.
Mr. Gagnon - understands that there is not much space and believes the applicant has listened to the board and made changes but would still like to see an alarm on the front gate to notify the public that a fork lift is coming through. (Applicant agreed to placement of alarm)
Ms. Devon – Agrees with Mr. Gagnon and agrees that the applicant has listened to the Board and made necessary changes and will be in favor.
Ms. Mutter – I think it is an aesthetic improvement and will now be in favor.
Chairman Migut – If something had been done with the setbacks he would have been in favor. The setback makes the building look ominous and tall.
Councilman Cortes – Looked for clarification on where the setback is measured from. Clarified that the building is fourteen (14) feet from the curb.

Motion by Ms. Mutter, second by Ms. Devon to approve application #2013-362 of B & H 1997 LLC (Jaeger Lumber) – 411 Central Avenue – Lot 3; Block 106 with conditions.
In favor: Gagnon, Cortes, Devon and Mutter
Opposed: Migut

Application approved with conditions

Meeting adjourned at 10:00pm

Attest: Karen L. Mills, Clerk of the Board

Published July03, 2014 | Planning Board Minutes | 1913

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