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MARCH 10, 2008




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.
Members present: Chairman Ammirata, Councilwoman Tooker, Mayor Barrella, Mary Mossa, Mrs. Koscinski, Tom Spader, Jason Shamy, Jim Harris and Mike Brodeur.
Also present was Dennis Galvin, Esq., Planning Board Attorney and Raymond Savacool, Planning Board Engineer.
Chairman Ammirata advised the public that revised plans were submitted by the applicant amending the application for a five lot subdivision to a four lot subdivision. Clerk advised the Board members plans were received/picked up by her on Monday, March 3, 2008. Plans were received by Board Engineer, Raymond Savacool on Tuesday, March 4, 2008 as evidenced by Mr. Savacool's letter to the Board dated March 7, 2008. Mr. Galvin advised the Board that he discussed this matter with Wayne Peck, Esq., attorney for the applicant and it was agreed the hearing would be carried to the April 14, 2008 meeting to allow Mr. Savacool sufficient time to conduct a proper review of the revised plans for submission to the Board for their review prior to the hearing date. Mr. Peck was present on behalf of the applicant and confirmed the applicant's agreement to carry the hearing until the Board's April meeting. Mr. Peck did enter into evidence the transmittal letter of Two River Engineering confirming the plans were delivered to the Borough Hall on February 29, 2008. Marked into evidence as A-101 March 10, 2008, transmittal letter dated February 29, 2008 of Two River Engineering. Discussion was held as to whether the applicant should be required to renotice property owners.

Motion by Mrs. Mossa, seconded by Councilwoman Tooker and unanimously approved by roll call vote of those members present: Hearing on Risden's application carried to the April 14, 2008 meeting without the necessity of the applicant having to renotice.

Motion by Mr. Spader, seconded by Mr. Harris and unanimously carried by roll call vote of those members present: Minutes approved.
Motion by Mrs. Koscinski, seconded by Mr. Harris and carried by roll call vote of those members present: Resolution adopted memorializing approval granted. (Not Voting: Councilwoman Tooker, Mr. Brodeur.)
Motion by Mrs. Koscinski, seconded by Mrs. Mossa and carried by roll call vote of those members present: Resolution adopted granting one year extension of prior approval. (Not Voting: Mr. Brodeur.)

Property: 115 New Jersey Ave., Block 48, Lot 7
Hearing continued from March 10, 2008 meeting
Letter dated February 18, 2008 received from F. Douglas Doscher not admissible, considered "hearsay".
Board members recused from hearing: Elaine Koscinski, Michael Brodeur.
A-9 Subdivision Map
A-10 Large Development Plan, trees colored coded
A-11 Borough's list of type of street trees
Joseph Brennan, Esq., attorney for the applicant, advised the Board they were withdrawing their letter of February 25, 2008 as information contained was incorrect; trees not subject to Street Tree Ordinance. Drawing shows 21 trees and locations of curb cuts resulting in the elimination of one street parking space.
Mr. Mueller, applicant, stated the following:
1. survey of 115 New Jersey Avenue was prepared by Richard Butryn, L.S.; locates house, garage, driveway, patio; number of trees; trees are colored coded and prepared by me;
2. pink area: shows proposed houses, approx. 1,644 sq. ft, smaller than permitted envelope; pink area in the rear of each lot shows location of 2 car garage
3. green area: represents driveways, patios and walkways
Numbered Trees:
1,2,3 to be removed; within footprint of proposed garages
4, 5 would remain
6, 7 holly trees; 7 is the bigger would remain; 6 will be removed
8 to be removed; roots/truck within footprint of garage

9 to be removed; within footprint of house
10 would remain
11 to be removed; within footprint of walkway
12 to be removed; roots would encroach into basement
13 to be removed; middle of driveway
14 would remain
15 would remain; one of the larger trees on the property
16,17 to be removed; within footprint of house
18 will try to preserve
19 to be removed; roots within footprint of house
20,21 to be removed; would be in driveway

Applicant stated he will try to replace 2 possibly 3 trees up front and can plant possibly 6 more trees; 5 on west side and 4 on east side; will plant and locate; 2-4 trunk size; 8 inch discussed last meeting; this size tree is rare, very expensive (estimated cost $3,500 per tree) and survival rate less than 50%.

Discussion was held on type of trees, sizes etc. Discussion was also held regarding impervious coverage; Board members requested clarification on trees to be removed; confirmed side yard set back to be 7 1/2 ft (Ordinance requires 5 ft) providing area for planting new trees. Possible decorative circle around trees. In response to questioning from the Board, Mr. Mueller stated that no thought was given to waiting on what a prospective buyer might want. In response to questioning from Board members, Mr. Galvin advised that in the future if the new owner wanted to take down any of the trees he could unless deed restrictions were placed on the property. Unusual situation to a deed restriction on a tree to tree basis.

There being no further discussion by Board members, Chairman Ammirata opened the meeting to public participation.
Max Gagnon, residing at 304 Parkway; sworn in and questioned since Mr. Mueller is an employee of the Town whether or not Mayor Barrella and Councilwoman Tooker should recuse themselves. Mr. Galvin agreed.
Rosemarie Iantosca, 205 New Jersey Avenue; sworn in and questioned whether the existing old house was coming down; Ans. Yes; building 2 new homes; Ans. Yes
David Cavagnaro, 118 Parkway; sworn in and questioned whether the Board had the authority to main trees 12 feet from curb; Ans. Mr. Galvin stated there could be deed restrictions placed possibly 10 foot buffer; technically anyone coming before the Board can remove trees before making application; issue of private property; understands the Municipality is working on possible adoption of an Ordinance.
Elaine Hennessy, 619 New Jersey Avenue; sworn in; questioned the Board if they were aware of the value of the holly tree being removed; approx $10,000; we should be trying to find a way to keep these trees; impact environment, oxygen etc.; some species of trees have roots that grow down and do not spread out; would like to see as many trees on this property preserved and not cut down.
Nancy Skinner, 114 Atlantic Avenue; sworn in and stated it is her backyard; appalled trees are going to be removed; heavy equipment coming in; effect roots of trees that are to stay; what about plans for the proposed houses; Ans. Mr. Galvin advised Mrs. Skinner that the application is a fully conforming application; houses would be within building envelope, applicant working with Board members regarding the trees even though we have no ordinance.
Anthony Lombardo, 309 Arnold Avenue; sworn in and wanted clarification that if someone builds a house, existing trees can be removed.
Ben Dispoto, 311 Parkway; sworn in and questioned type of jurisdiction; Mr. Galvin indicated that the Board can accept testimony; Mr. Harris stated that the Board is asking concessions from the applicant regarding the trees; Mr. Galvin stated Board votes and conditions are contained in Resolution. Mr. Dispoto stated that if the Board approves this plan, he would ask that tree restrictions be included .
Darell Day, 307 Yale Avenue; sworn in; agrees with other gentleman; no Ordinance for trees; Mr. Galvin indicated the Municipality is talking about implementing one.
David Pearl, 119 New Jersey Avenue; sworn in; stated he would like to maintain integrity of street; questioned distance of 5 ft from his fence.
Kristen Hennessy, 604 New Jersey Avenue; sworn in and questioned the total number of trees; Mr. Galvin stated 14 are to be removed; 9 will be planted; net loss of 5; discussion held regarding number of trees to be removed, remain and new trees to be planted. Mr. Brennan stated the applicant does not have to preserve any trees; as a result of hearing; applicant agreed to plot out the trees on the lot etc.
Eleanor Mack, 625 New Jersey Avenue; sworn in, stated this is all about the trees and an ordinance, procedure for implementing ordinance explained. Also, Mr. Harris stated that the Historic Preservation Committee is trying to create a registry of historic property within the Municipality.

Annmarie Jones, 111 New Jersey Avenue; sworn in; expressed concern about loosing so many trees and more importantly concerned about potential flooding onto her property; what recourse will she have once the new houses are built. Mr. Savacool explained that there is a Grading and Drainage Plan in effect; builder will have to submit his topography plans for review and approval by the Borough Engineer; Mrs. Jones expressed concern about what happens down the road, what recourse will she have if a problem develops, she has a little house presently no runoff onto her property but we are low and what will happen in the future. Mr. Galvin explained the Drainage Ordinance has been in effect a couple of years and has been successful.
DonnamarieAdelizdiaz, 711 Atlantic Avenue; sworn in and questioned if new homes being built would be at the flood elevation, which would raise the foundation; exposing a lot of the foundation; Mr. Savacool indicated the first floor is to be at ten feet; Mr. Mueller indicated he would put plantings around the foundations.
Ann Lightburn, 307 New Jersey Avenue; sworn in; stated she shared concerns of other people regarding the elimination of the trees; recommend the Town implement a Tree Ordinance as quickly as possible.

There being no further comments from the public, Chairman Ammirata closed that portion of the hearing.
Mr. Galvin reviewed the applicant's statements: trees 4,5,7,10,14,15 will remain; 18 will try best to keep; will plant 5 new trees on lot 7.02 and 4 new trees on lot l7.01; trees will be 2-4 inch caliber to be planted prior to issuance of Certificate of Occupancy; foundation plantings to be completed prior to issuance of Certificate of Occupancy; curb cut approval to be obtained from the Governing Body.

Motion by Mr. Shamy, seconded by Mrs. Mossa and unanimously approved by roll call vote of those members present: Application #2008-328 for minor subdivision approval and Mr. Galvin directed to prepare Resolution for adoption at the Board's next meeting to be held on April 14, 2008. (Members not voting: Mayor Barrella, Mrs. Koscinski, Councilwoman Tooker, Mr. Brodeur.)

1. Minutes of the Ocean County Planning Board meetings of February 6, 2008 and February 20, 2008; no action taken on property within the Municipality; noted and filed
2. Application #2006-304 Shrimp Box Site Plan
Letter dated February 22, 2008 received from applicant's attorney Peter Kearns, Esq., requesting extension of prior approval; letter outlined delays incurred by applicant; applicant requesting one year extension; discussion held
Motion by Mrs. Koscinski, seconded by Mrs. Mossa and unanimously approved by roll call vote of those members present: request for extension granted; Mr. Galvin directed to prepare Resolution; resolution granting approval to include applicant must pay appropriate fees associated with extension requests
Personnel: Motion by Mr. Spader, seconded by Mrs. Koscinski and unanimously approved by roll call vote of those members present: Diane Johnson salary to be increased from $550.00 per month to $575.00 per month and increase to be retroactive to January 1, 2008. (Mayor Barrella and Councilwoman Tooker not voting.)
Application #2007-329 Red's Lobster - Amended Site Plan
Application #2008-330 Chef's International - Amended Site Plan
Application #2008-331 Estate of Kirk - Minor Subdivision
Discussion was held regarding scheduling hearing dates. Due to the fact Risden's Application was carried to the April 14, 2008, Board determined the pending applications would be scheduled for hearing at the Board's May 12, 2008 meeting.
Discussion was held about Board members availability for the Risden's hearing scheduled for April 14, 2008. Board members Mrs. Koscinski and Tom Spader advised they would not be in attendance. Chairman Ammirata confirmed that he would continue to recuse himself and that Vice-Chairman Tom Neumaier would chair the hearing. Mike Brodeur confirmed he would listen to the tape from the first hearing held on February 11, 2008 to be eligible to participate in the hearing.

Clerk also advised the Board an application was just received for extension approval for the D.L. Holding Major Subdivision, previously received final approval for a twelve lot subdivision under Application #2006-305 by Resolution dated April 10, 2006.

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

Respectfully submitted,
Diane F. Johnson,

Published April18, 2008 | Planning Board Minutes | 550

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