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APRIL 1, 2009

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, Mary Mossa, Jason Shamy, Jeff Dyer, Tom Neumaier and Jim Harris.
Also present was Raymond Savacool, Planning Board Engineer and Dennis Galvin, Esq., Planning Board Attorney.

VOUCHERS
Motion by Mr. Harris, seconded by Mr. Neumaier and approved by roll call vote of those members present: Vouchers submitted approved for payment.

MINUTES
Motion by Mr. Dyer seconded by Mr. Shamy and carried by roll call vote of those members present: Planning Board minutes from March4, 2009 regular meeting approved. (Not Voting: Chairman Ammirata, Tom Neumaier.)

APPLICATION #2009-338 JOE LEONE'S SITE PLAN - ADOPTION OF RESOLUTION
Motion by Mr. Dyer, seconded by Mrs. Mossa and carried by roll call vote of those members present: Resolution adopted approving the site plan application. (Resolution attached hereto and made a part of these minutes.)

APPLICATION #2009-336 SHRIMP BOX AMENDED SITE PLAN
Clerk advised the Board Affidavit of Publication and Affidavit of Service on property owners reviewed and approved.
Peter Kearns, Esq., appeared as attorney on behalf of the applicant and expressed his apology and regrets for the situation that has developed regarding the patio approval for the Shrimp Box originally granted in 2006. Original approval provided 14 seats would be permitted at the service bar to be included as a portion of the total outside seating for the site and was subject to all other necessary Municipal, County and State approvals including the liquor license. It was a total oversite on my part not bringing to the attention of the Planning Board during the hearing that the Mayor and Council placed a restriction on the liquor license and that there would be no seating at the service, which was brought to our attention when my client applied for a building permit.

Discussions were held between myself, the Mr. Gertner, Borough Attorney and Mr. Galvin, Planning Board attorney. To insure the Planning Board would have approved the site plan if they had known about the restriction, it was determined that we appear back before the Planning Board. We will still have to go back to Mayor and Council. This situation has developed simply as an unintentional oversite.

Mr. Galvin confirmed to the Board that prior Governing Body approval to extend the liquor license specifically stated that there would be no "bar seating". If you had known about the restriction would you have approved of the plan submitted by the applicant. Mr. Dyer stated that he was a member of the Council at that time and he does not remember there being a big issue on this subject.

Deliberation and discussion was held by the Board members and it was the consensus that the omission of this information by the applicant at the original hearing was not intentional. Mr. Galvin advised that a new resolution would be prepared based on the newly discovered information.

Motion by Mr. Dyer, seconded by Mrs. Mossa and unanimously approved by roll call vote of those members present: Previously approved amended site plan allowing for fourteen seats at the bar was upheld. Resolution to be prepared and adopted at the Board's next meeting scheduled on May 6, 2009.

MUNICIPAL STORMWATER MANAGEMENT PLAN
Clerk advised the Board that proper Notice was given in the newspaper for this hearing as well as proper service was made on adjoining Municipalities and Ocean County.

Raymond Savacool, Planning Board Engineer stated:
1. the Storm Water Management Plan is an element of the Master Plan;
2. Rules require Municipalities to adopt a Municipal Stormwater control ordinance; Plan as part of the Master Plan allows for this
3. initial Plan was adopted by Municipality in 2005; regulations and updates came in from County;
4. confirmed that this is a planning document and not an Ordinance





Hearing was opened to the public; there being no public participation that portion of the hearing was declared closed.

Motion by Mr. Shamy, seconded by Mr. Neumaier and unanimously approved by roll call vote of those members present: Municipal Stormwater Management Plan approved; resolution to be prepared and adopted at the Board's next meeting on May 6, 2009.

APPLICATION #2009-337 VAN SCHOICK MINOR SUBDIVISION
Property: 204 Curtis Avenue, Block 118, Lot 2.01
Clerk advised the Board Affidavit of Publication and Affidavit of Service on property owners reviewed and approved. Additionally, confirmation was received that all outstanding taxes, water and sewer charges have been paid and are current.

Steven Pardes, Esq., attorney for the applicant stated: property consists of two houses on one lot; applicant wishes to subdivide the property so that there will be one house on each lot; one existing deficiency - rear set back for proposed lot 2.09; simple subdivision.

In response to Planning Board Engineer, Raymond Savacool's, review letter dated March 23, 2009, Mr. Pardes stated:
1. confirmed what was submitted to the Board;
2. confirmed the zoning table on Page 2 of the report; each new lot will be in excess of 5,000 sq. ft. required within the zone; maximum building coverage for both new lots are considerable less than required as is the impervious coverage; on proposed Lot 2.09, stated the stone driveway extends from the property line all the way;

Chairman Ammirata excused himself from the hearing as he just noticed from the aerial photograph that this property is next to Gold's Gym, where he is employed.

Mr. Pardes continued with Page 3 of the report:
Additional comments:
1. applicant will comply and get approval from the Tax Assessor for the new lot designations;
2. confirmed, if approved, the applicant will perfect the subdivision by the filing of a map; existing access easement on lot 2.02 will be referenced;
3. asphalt driveway will remain; easement will be prepared making Lot 2.09 the serviant property with Lot 2.09 the right to use the driveway
4. entire stone driveway will be shown;
5. each existing house is a two bedroom with 1.5 parking spaces required; at least four cars will fit in driveway on Lot 2.09; two or three cars will easily fit on Lot 2.08;
6. utility crossover easements will be prepared and recorded;
7. existing inlet located at the northeast corner of the property which collects water; applicant will prepare easement;
8. existing curbs will remain; no development of the property intended; simply proposing to subdivide with new lot line;
9. applicant will comply by posting performance guarantee and inspections fees;
10. reaffirmed that, if approved, an existing nonconformance would be eliminated; two structures on one lot

Board Questions/Deliberations:
Mrs. Mossa questioned the size of the other lots in the area; Mr. Pardes responded that regardless of other lot sizes, each newly created lot for this subdivision well exceeds the minimum requirement.

Mr. Neumaier stated that if Lot 2.09 is sold off, the existing house demolished then the rear set back would be eliminated. Mr. Neumaier questioned whether the driveway easement would pass with title. Mr. Pardes confirmed yes and if his client sells one lot he will have control over the driveway and could abandon the easement.

Vice-Chairman Neumaier opened the hearing to public participation. There being no public participation that portion of the hearing was declared closed.

Motion by Mr. Dyer, seconded by Mr. Harris and unanimously approved by roll call vote of those members present: VanShoick subdivision application approved and Planning Board Attorney directed to prepare Resolution of Approval for adoption at the Board's next meeting scheduled for May 6, 2009.

Chairman Ammirata returned to chair the meeting.

General Public Participation
Joseph Gastelu requested information from the Planning Board pertaining to the possibility of having an outside patio area located at his business by the 7/11 and Marlins. Mr. Galvin advised Mr. Gastelu that he should contact Elaine Petrillo, zoning officer, for information and whether or not it would be permitted.

CORRESPONDENCE
1. Copy of letter dated March 19, 2009 from Thomas and Anne Walsh to Mayor and Council requesting release of bond posted for subdivision approval due to financial hardship; noted and filed

PENDING APPLICATIONS:
Clerk advised Board application was received from D.L. Real Estate Holding for an additional one year extension of their prior major subdivision approval for property located at Block 179.02 Lot 10.01-10.02. Per Mr. Galvin, previous Municipal Board approvals are automatically extended until 2010 under the Permit Extension Act approved by the State of New Jersey on September 6, 2008.

Application #2008-333 Wenz Subdivision:
Motion by Mr. Shamy, seconded by Mr. Dyer and carried by roll call vote of those members present:
Adoption of Reaffirmation of Resolution of Memorialization previously approving application. Resolution attached hereto and made a part of these minutes. (Mary Mossa and Jim Harris not voting.)

There being no further business to come before the Board, on a motion by Mr. Spader, seconded by Mrs. Mossa and unanimously carried by roll call vote - meeting adjourned.

Respectfully submitted,


Diane F. Johnson,
Clerk/Secretary


Published May11, 2009 | Planning Board Minutes | 798


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