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FEBRUARY 11, 2008

MINUTES

POINT PLEASANT BEACH
PLANNING BOARD



OPENING STATEMENT
Chairman Ammirata 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.
ROLL CALL
Members present: Chairman Ammirata, Councilwoman Tooker, Mayor Barella, Mary Mossa, Tom Neumaier, Mrs. Koscinski, Tom Spader, Jason Shamy, Jim Harris
Also present was Dennis Galvin, Esq., Planning Board Attorney and Raymond Savacool, Planning Board Engineer.
New members sworn in: Mayor Vincent Barella, Councilwoman Kristine Tooker, Jason Shamy, Jim Harris.
Appropriate Certification to be prepared by Board Attorney for signature by members.
VOUCHERS
Motion by Mr. Spader, seconded by Mrs. Koscinski and carried by roll call vote: Vouchers submitted approved for payment. (Mr. Harris abstained.)
APPOINTMENT OF 2008 APPOINTMENTS - ADOPTION OF RESOLUTION
Motion by Mr. Harris, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Resolution appointment 2008 Planning Board Attorney, Engineer and Officers adopted. (Resolution attached hereto and made a part of these minutes.)
PLANNING BOARD MINUTES - APPROVAL OF:
December 10, 2007: Motion by Mrs. Koscinski, seconded by Mrs. Mossa and carried by roll call vote of those members present: Minutes approved. (Abstaining: Mayor Barella, Messrs. Shamy, Harris; Not Voting: Councilwoman Tooker)
January 14, 2008: Correction: Reference to Mr. Hansen in vote of Secretary, corrected to Mr. Harris. Motion by Mr. Spader, seconded by Mrs. Mossa and carried by roll call vote of those members present: Minutes approved with correction. (Abstaining: Mrs. Koscinski)
January 28, 2008: Motion by Mrs. Koscinski, seconded by Mr. Harris and carried by roll call vote of those members present: Minutes approved. (Abstaining: Mr. Neumaier.)
APPLICATION #2007-327 MASTERSON/ENTWISTLE MINOR SUBDIVISION:
Property: 196-200 Baltimore Ave., Block 125 Lots 20&21, Block 132, Lot 8
Affidavit of Service, Notice, Publication reviewed and confirmed to be in order by Clerk.
Councilwoman Kristine Tooker recused herself from this hearing.
George Murphy, Esq., attorney for applicants, provided the following information:
1. applicants are next door neighbors
2. 24 foot parcel between the applicants respective properties was previously owned by the Borough of Point Pleasant Beach
3. in 1964 the 24 foot parcel was conveyed to predecessors in title; jointly owned since that time;
4. proposal is to subdivide so that each adjacent property owern obtains 12 feet; Masterson's lot would then have a frontage of 62 feet; Entwistle's lot would have a frontage of 78 feet
Mr. Murphy further confirmed receipt and review of Board Engineer's review letter dated December 20, 2008 and applicants agree to the terms of the letter; subdivision would be effectuated by way of deeds; no other changes
Questions from Board:
Mayor Barella confirmed is has been owned jointly since 1964 and questioned what the reason for the change now. Mr. Murphy indicated that there are basically 3 lots; lot between properties always owned joint; clients have been talking about splitting the small lot for sometime; clean up the situation basically.
Mr. Spader questioned about the access to Lake Louise; Mr. Murphy advised that the 24 foot strip has been public property since 1964 and does not know of any access. Mr. Harris questioned what if there is some type of deed restriction. Mr. Savacool stated he had no comments but in response to Mr. Harris' concern, if there are any restrictions etc. of record the property would still be encumbered.

There being no further comments from the Board members, Chairman Ammirata opened the meeting to public participation:
John Szafranski: Questioned how this was conveyed to the parties. Raymond Masterson was sworn in and as background stated originally there was a pump house; Mayor at that time was Mayor Stikeleather; property was purchased jointly at that time by prior owners.
Mr. Harris questioned that once this parcel is subdivided, could the applicants then subdivide their lots; Mr. Savacool advised the respective properties would be non-conforming

There being no further comments from the Public, that portion of the hearing was declared closed.

In closing Mr. Murphy stated that the applicants will abide by comments in Engineer's report; approval would result in two conforming lots and not three; betterment of the neighborhood.






Motion by Mr. Spader, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Application of Masterson/Entwistle for minor subdivision approval granted and Board Attorney directed to prepare Resolution of Approval for adoption by the Board at its next meeting scheduled for March 10, 2008.

APPLICATION #2007-328 MUELLER MINOR SUBDIVISION:
Property: 115 New Jersey Ave., Block 48, Lot 7
Affidavit of Service, Notice, Publication reviewed and confirmed to be in order by Clerk.
Board member, Elaine Koscinski recused herself from this hearing.
Joseph Brennan, Esq., attorney for the applicant stated that his client, Paul Mueller, is the contract purchaser of the subject property, which consists of one oversize lot, which the applicant is proposing be subdivided into two conforming lots.
EXHIBITS PRESENTED:
A-1 Jurisdictional Packet; A-2 Subdivision Map; A-3 Portion of Tax Map; A-4 Enlarged portion of Tax Map; A-5 Aerial photo of property and surrounding properties; A-6 Photo westerly front; A-7 Photo easterly front; A-8 Photo of front.
Paul Mueller, applicant, was sworn in and provided the following information regarding Exhibits:
A-5 aerial photo from Google
A-6 black and white photo of western driveway of property; taken by Joseph Brennan, Esq. 2/8/2008
A-7 black and white photo of eastern side of property; taken by Joseph Brennan, Esq., 2/8/2008
A-8 black and white photo of front of property
On questioning from Mr. Brennan, Mr. Mueller stated:
1. A-3 accurately reflects location of property
2. A-4 is an enlarged version of current tax map
3. A-5 accurately depicts lot marked with yellow
Chairman Ammirata questioned on A-4 the property is showing two additional lines; Mr. Brennan advised the Board they are not relevant to disregard, inadvertently sketched in by him.
4. A-6 accurately depicts view of driveway and garage; confirmed it is his intention to move the driveway over to eliminate an existing encroachment; demolish the garage; applicant stated he is requesting, however, that the garage be permitted to remain until construction completed; would be used for storage of construction equipment etc. construction trailer would be more unsightly
5. A-2 confirmed plans submitted to the Board with his application; non-conformities would be removed; garage, house, which violates set back by six feet; will be demolished; propose entirely new structure which would comply

Mr. Mueller stated for the record that he has received and reviewed the Planning Board Engineer's letter dated January 25, 2008 and concurs with the information therein; will comply with all conditions with the exception of Items #8 and #12, which he would offer the following:
#8 Street Trees: there are presently five street trees; 2 would be in line of driveway; 3 of the 5 would could salvage; remaining property has 21 trees; can salvage 8; trees that would be removed would either interfere with the structures and are located within the footprint; applicant stated he would replace trees if requested
#12 Garage: As previously stated, requesting permission to have garage remain for storage of construction equipment until work completed. On questioning from Mayor Barella, confirmed garage would be used for storage of construction equipment only. Mr. Harris questioned what mechanism would be put in place to insure garage is removed. Mr. Savacool stated that a condition that no C.O. would be issued until the garage is demolished.
Tree Removal:
Mr. Spader expressed concern of diminishing trees from 21 to 8. Mr. Brennan stated the applicant expressed his willingness to save as many trees as possible and work with the Board; he further stated although the applicant had the potential to request a three lot subdivision with one variance; he chose two lots, which would be conforming, proposed homes would be conforming; a requirement of replacing the 21 trees is unreasonable; applicant will work with any Commission regarding the trees.

On further questioning and concerns of Mayor Barella, Councilwoman Tooker, Mr. Spader, Chairman Ammirata, Mr. Mueller stated that location of trees would interfere with the driveway, footprint of proposed homes, foundations, tree branches close to house etc. Mayor Barella questioned how do we best address the issue of the trees, what goes, what stays. Mr. Mueller stated he possibly would be living in one of the new homes, unsure at this time. Mr. Mueller stated he would be willing to work with Township Engineer regarding this issue; he is willing to meet reasonable requirements of Town and the Board. Mr. Savacool indicated he would be uncomfortable on making decisions regarding the trees, where they should go etc. Mayor Barella also brought to the Board's attention, the additional curb cut and parking spaces, location of new curb cut. Mr. Galvin stated the Board is working with applicant regarding the issue of the







garage, tree issue can be negotiated also; possibly 5-6 trees with 8 inch caliber; put in landscaping plan at time of construction if subdivision approved. Mrs. Mossa questioned, since it is difficult to understand exactly what trees are going to be removed and why, can we ask for an overlay of trees so that we get a better picture; Councilwoman Tooker also indicated it would help her. Mr. Spader indicated possibly a professional tree service could come in - some trees very old - could be diseased, maybe get an inventory of number of trees and the condition.

At the request of the Board, applicant agreed to continue the hearing for one month until the Board's meeting of March 10, 2008 to allow the applicant to prepare and submit a landscaping plan, overview of trees, location of second curb etc. Applicant agreed to waive any time period requirement in which the Board must act on this application. At the request of the Clerk, applicant agreed to have plans submitted no later than February 27, 2008 for distribution to the Board members for review prior to the hearing date.

There being no further questions from the Board, Chairman Ammirata opened the hearing to public participation.
Cara Perl, residing at 119 New Jersey Avenue; requested confirmation that the driveway, which encroaches on her property is going to be straightened, the garage which encroaches on her property is going to be removed; Mr. Mueller confirmed yes and also that the garage, which would be used for storage of equipment, would be removed after construction. Ms. Perl also questioned what was going to happen to the bush and big tree at the end of the driveway. Mr. Mueller responded that they were on her property.
David Perl, residing at 119 New Jersey Avenue; questioned also the moving of the driveway and confirmed garage was for use in construction before being removed.
Ralph Molinari, Esq.; stated he loves older homes and questioned whether the applicant investigated the possibility of trying to save the house; Mr. Mueller stated he did, in fact, investigate that avenue and the cost of remodeling, updating existing home was not financial feasible.

There being no further comments from the Public, that portion of the hearing was declared closed.

Motion by Mr. Harris, seconded by Mr. Shamy and unanimously approved by roll call vote of those members participating in the hearing: Application to be carried and hearing continued to the Board's next meeting scheduled for March 10, 2008. As per the Board's decision, no additional notice for the continuation of the hearing required by the applicant.

APPLICATION #2007-319 RISDEN'S BEACH CORP. PRELIMINARY MAJOR SUBDIVISON
Property: 1000-1002 Ocean Ave., Block 45 Lots 4&5
Affidavit of Service, Notice, Publication reviewed and confirmed to be in order by Clerk.
Board Member Chairman Ammirata recused himself from this hearing as a result of a certain newspaper article and to avoid any possible impropriety.
Vice-Chairman Neumaier will chair the hearing.
Mayor Barella stated that prior to being elected Mayor, he was aware of negotiations between the Borough of Point Pleasant Beach and the applicant regarding possible purchase of the property and deferred to the applicant's attorney, Wayne Peck, Esq., regarding his participation in this application. On behalf of the applicant, Mr. Peck there is no objection to Mayor Barella's participation.

Wayne Peck, Esq., attorney for the applicant, stated the applicant is proposing to subdivide the property into five single family residential lots. His client is ready to get out of the parking and bath house. The application does not involve or include any change to the beach access.

Mr. Galvin stated the application did not include required information regarding list of members of the Corporation holding 10% or more interest. Mr. Peck indicated Risden's Beach Corp. is still under the Estate of William Risden and was not sure if any member held 10% or more.. As requested by Mr. Galvin, Mr. Peck will obtain and submit this information to the Board.

Marc Leber, P.E. was sworn in and stated he is a licensed civil engineer, planning consultant, professional planner employed by Two River Engineering, Colts Neck; gave professional background; credentials accepted.








Marked into Evidence by Mr. Leber under direction of Mr. Peck:
A-1 Six colored photos of site taken 12/5/07, 2/7/08 by his office; he is familiar with the site;
A-2 Municipal tax map; street address of 1000-1002 Ocean Avenue; Lot 4&5; each lot approximately
12,500 each for a total of 25,000 square feet; nearest cross street - New Jersey Avenue 60 foot
Right of way; water drainage from site to Ocean Avenue
A-3 Colored rendering of subdivision map; showing proposed subdivision for five residential lots
Each 5,000 sq. ft.; no driveway onto Ocean Avenue; driveway off New Jersey Avenue and one
Shared driveway for lots 5 with no lot frontage; 5 lots could front on New Jersey Avenue and
They would still be each 5,000 sq.ft.; Lot 5 requires variance for lot frontage; Lot 4 requires
Front yard setback of 8.89 ft. where 25 ft. is required
A-4 ID - architectural plans prepared by Melillo & Bauer showing 2 dwellings fronting on beach;
Proposing 4 bedroom single family homes; confirmed on questioning from Mr. Savacool that
The plans were conceptual only. No access from site to County Road - Ocean Avenue. Mr.
Harris commented on the spaces between the buildings.
A-5 Site triangle exhibit sheet showing use of AASTRO (American Association of State
Transportation Officials) traffic site on Ocean Avenue; Ocean County has site triangle requirements of 30 ft from right of way, minimum and 100 feet; this site triangle would encumber lot by almost 25%; when making application to Ocean County will be requesting County to approve the use
Of the AASTRO plan vs. site triangle
A-7 Plans submitted with application prepared by Two River Engineering; 100% impervious coverage;
No existing landscaping on property

Mr. Leber comments regarding Board Engineer's review letter of August 28, 2007:
Page 1 informational
Page 2
1. application will not effect the beach or access; Mr. Savacool questioned what about car access; Mr. Peck indicated people access will remain the same;
2. beach lot is not impacted as part of this application;
3. agrees /statement of fact;
4. Lot 1 front setback conforms with New Jersey Avenue but not to Ocean Avenue
Page 3 - Engineering Comments
1. 4 parking spaces will remain on New Jersey Avenue after driveways are cut
2. access to site will be off New Jersey Avenue; applicant agrees to replace curbs and sidewalks
3. applicant will comply when extending water/sewer mains; pavement restoration etc.
4. not proposing to extend easement or existing boardwalk;
5. site triangle previously addressed
6. applicant will comply 1 car in garage and 2 in proposed driveways based on 4 bedrooms
7. any air conditioning condensers will be setback requirements;
8/9/10 applicant will comply
11. existing garage and sidewalk on south side of property will be removed;
12. applicant will agree to change type of trees as recommended in report to a type of evergreen; will also meet with engineer as to the type of material to be used on site as opposed to sod or grass;
Adminstrative Comments:
Applicant will comply by obtaining all other necessary approvals.
There being no questions from the Board members at this time, Chairman Ammirata opened the hearing to the public for questions only of the engineer.
PUBLIC PARTICIPATION
John Safransky, residing at Yale Avenue; questioned how Lot 5 would be distinguished; how it will be separated from the boardwalk; no apparent physical barrier. Mr. Peck responded by stating that if the Board requires some type of physical barrier, the applicant would agree; Discussion held regarding possible CAFRA requirements; installation of fence as a barrier on the west side of the easement.
June Brown, residing at 900 Ocean Avenue; asked for clarification on the rendering exactly where the existing building was located; Mr. Leber indicated it is approximately 9 1/2 ft from property line; new would be 25 ft. from the same line.
Elaine Hennessy, residing at 619 New Jersey Avenue; questioned where the 40 cars that usually park in lot are going to go; Mr. Peck indicated they would have to find parking elsewhere; A-3 shows 2 houses close to boardwalk; questioned whether or not Mr. Leber thought this would be a problem; Ans. No; two houses along property line along boardwalk will they have access to beach; Ans. Boardwalk will end with Lot 4; deck that is there now is attached to the existing building; questioned if they thought this would be a problem with the dunes; owners putting in a platform of some sort; happens a lot; Mr. Peck indicated that property is separately owned.








Max Gagnon, residing at 304 Parkway; use of parking lot and bathhouse will be gone; beach will remain; someone going to beach will have no use of public facilities; Mr. Peck stated patrons can go to Risden's Beach and as such would have access to use Risden's other bathroom facilities; no change that the facilities could remain; Ans. No.
Seth Sloane, residing at the Beach Condos; questioned setbacks of Lot 4 and Lot 5; Ans. Lot 4 8.89; Lot 5 would be 5 ft and 25 ft from boardkwalk (not a front yard); questioned how far from curb to building on Lot 4; Ans. 12 ft; also have 12 ft. from curb to property line; questioned # of parking spots to be provided; Ans. Required 2.5 for a 4 bedroom;
Due to time restrictions, the public participation portion of the hearing was closed.
Mr. Spader questioned on Lot 5 is the front setback going to be 25 ft or 30 ft. Mr. Peck stated you don't apply because there is no frontage on street; discussion was held regarding front and rear yards; 25ft is front; 30 ft. is rear.
Motion by Mr. Harris, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members participating in the hearing: hearing to be continued at the Board's next meeting scheduled for March 10, 2008; applicant agreed to waive any time periods in which the Board must act on the application.
Chairman Ammirata returned to Chair the meeting.
MISC. MATTERS:
Correspondence:
1. Ocean County Planning Board minutes from their 1/16/08 meeting; no action taken on property within the Borough;
2. copy of modification request to CAFRA by Chef's International regarding pile location
3. copy of Waterfront Development Permit for property at 805 Long Point Lane for legalization of existing dock structures and an extension; noted and filed
4. budget account status for 2007 and current status for 2008; noted and filed; any future budget account status reports received by Clerk are to be copied for Board members
Pending Applications:
1. Red's Lobster Dock; application to amend previously approved site plan to replace ripped canopy with wood roof;
2. Chef's International; application to amend previously approved site plan for new roofing and addition of sliding glass doors
Discussion re. scheduling applications; due to carryover of two of tonight's applications; new applications to be scheduled for April meeting subject to submission requirements.
Other business:
Walsh Subdivision: Letter dated 1/28/07 received from applicant requesting an extension of the time period in which they have to finalize subdivision for signature and filing; copy of letter, original resolution of approval and Court Order upholding the Board's approval provided to Board members; it was noted that the Order provided that the applicant install pavers where the concrete driveway is to be removed; Motion by Mrs. Koscinski, seconded by Mrs. Mossa and unanimously approved by roll call vote of those members present: one year extension granted until October 9, 2008.

Personnel Matter: Request by Diane Johnson for Board's consideration for a salary increase; Chairman Ammirata and Vice-Chairman Neumaier to discuss the request with Mrs. Johnson and report back to Board members. Mr. Harris recommended that any decision made should be retroactive to the first of the year.

There being no further business to come before the Board, the meeting was adjourned.

Respectfully submitted,


Diane F. Johnson,
Clerk/Secretary


Published March14, 2008 | Planning Board Minutes | 528


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