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8/20/13 Planning Board Meeting Minutes

AUGUST 20, 2013
7:15 P.M.
A regular meeting of the Egg Harbor City Planning Board was held on August 20, 2013 with Chairman Gerhard Mueller presiding. Other members in attendance were Vice Chairman Richard Colby, Mayor Lisa Jiampetti, Council President Edward Dennis, Regular Members Miriam Mueller, Alternate #1 Jack Peterson, Alternate #2 Gladys Torres, Solicitor Jim Schroeder, City Planner Tim Michel, Engineer Ryan McGowan and Secretary Donna Heffley. (Not present were Regular Member Dennis McKenna and City Official Keith Adams).

Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Adams no, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna no, Mr. Peterson yes, Mrs. Torres yes, Mr. Mueller yes, Mr. Schroeder yes, Mr. Michel yes, Mr. McGowan yes, and Secretary Donna Heffley yes.

The Chairman called the meeting to order and made the following announcement.

This meeting was advertised pursuant to the NJ Open Public Meeting Act. N.J.S.A. 1:4-6seq. Notices were sent to official publications for the Planning Board; the Press of Atlantic City, the Egg Harbor News and the Atlantic Current. A copy of the notice was posted on the bulletin board of the Egg Harbor City Municipal Building.

The Chairman directed the Secretary to enter this public announcement into the minutes.

Approval of Minutes: June 18, 2013
Upon motion made by Mr. Colby, seconded by Mr. Peterson and carried. Mrs. Mueller noted on the first page last paragraph there was a typo reading October 18, 2013 and should be October 18, 2012. The minutes were approved subject to the above correction.

Approval of Resolutions: none

Chairman Mueller announced there will be a change in the order of business on the agenda. The second Applicant under new Business will be heard first tonight.

New Business: 13-03PB
Arnen Nazaryan & Ashot Yegoryan (Car Sales)
302 White Horse Pike
Egg Harbor City, NJ 08215
Block 103, Lots 15, 16, & 17A
Request for Waiver from Site Plan Review and Approval
Highway Commercial Zone

Brian Callaghan, Esquire with Callaghan Thompson & Thompson represented Mr. Nazaryan and Mr. Yegoryan. Mr. Nazaryan and Mr. Yegoryan were sworn in by James Schroeder, Esq.
Mr. Callaghan gave the property location as 302 White Horse Pike in Egg Harbor City, Block 103, Lot 15, 16 and 17A. The Applicant is here tonight for a request of site plan waiver. The previous use of this property was Kowalski Tire. The Applicants proposed use is auto sales, repair of sales vehicles and detailing. There will be no body repair or painting done on the premises. The existing building has been painted, cleaned and will be power washed. Mr. Nazaryan was asked to explain why there are six automobiles on the site at this time. Mr. Nazaryan noted the cars have been parked on this lot because he is paying rent while waiting for approvals for his business. He has not sold any cars to date at this location. Mr. Callaghan reviewed employee parking, handicapped parking, customer parking and parking of automobiles for sale as shown on the survey submitted by the Applicant. Trash and recycling will be stored inside the building. No storage bins or trash will be stored outside of the building. Mr. Callaghan noted it was recommended in Mr. Michel’s report to shield all outdoor lighting from neighbors. The Applicant has agreed to place shields on any outside existing light poles. Mr. Callaghan noted there will not be any deliveries by large trucks or tractor trailers. The gentleman purchasing the automobiles at auction will be driving them back to the site. The Applicant will store extra cars at a warehouse in Egg Harbor Township. The object here is to have everything self-contained on site with no overflow off site. The clothing bin that is on the site will be removed and arrangements are being made for removal. Mr. Callaghan noted that landscaping and the requirement of the ten feet offset is the issue at hand. Mr. Callaghan would like to ask for a revocable license from the City because there is a grass strip along the outside curb cut. The Applicant would like to put in landscaping along the outside property line, between the curb and sidewalk. Landscaping would be low, 2 to 2 1/2 feet so it would not block anyone’s view. This landscaping will make the property look much nicer and provides the Applicant with enough on-site parking.

Mr. Michel reviewed his report dated April 9, 2013 concerning 302 White Horse Pike in Egg Harbor City. Mr. Michel noted his concern about the six vehicles parked on site which was has been addressed by the applicant; however he stated that the site should not be used until all approvals are granted. Mr. Michel noted the previous use was auto repair and service. Redevelopment Parcel 5 permits pre-existing permitted uses. The pre-existing zoning was Highway Commercial which allows for auto sales and a service establishment which is consistent with the proposed auto repair (mechanical), auto sales and auto detail business. The use would appear to be permitted but certain standards need to be complied with if for automobile sales and service establishment pursuant to the ordinance. Mr. Michel reviewed the minimum requirements for automotive sales and service establishments and what is being proposed by the Applicant. The Applicant is entitled to a site plan wavier by the planning board if the board determines that the development would not result in any significant impact on the site or surrounding area. An Applicant must provide sufficient information to demonstrate that the proposal will be in compliance with all requirements of this chapter. The Applicant has submitted a survey of premises dated July 7, 2013, showing the existing building, curbing, and pavement and other site details. Mr. Michel noted there are still issues that need to be addressed such as; if the property was a gas station in the past the Applicant must demonstrate to the satisfaction of the Planning Board that there are no underground storage tanks in the public right-of-way. Mr. Michel noted evidence must be submitted showing that there is no further action required by NJDEP. Mr. Michel also noted that more detail is needed on the plan to show trash/recycling location and trash pickup. Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be arranged so as not to obstruct or deter the visibility of drivers or pedestrians. No blinking or flashing lighting system shall be permitted. The proposed lighting is not shown on the plan that was submitted and must be included. Mr. Michel asked about storage of over stock of automobiles. The Applicant noted he owns a ware house in Egg Harbor Township where extra automobiles will be stored. Mr. Michel addressed the Applicants survey showing driveway aprons on London Avenue, White Horse Pike and the Terrace with cars parked in front of them. One of the requirements is that there is a clearly defined access to the property. Mr. Michel said what will control traffic coming into and out of the site. Cars should not be parked in front of any driveway apron. Mr. Michel also noted that more detail must be shown on the plan. Mr. Michel also addressed other issues needing more detail such as parking arrangements.
Ryan McGowan gave a review of his report dated August 15, 2013. Mr. McGowan reviewed the technical aspects noting the survey plan delineates what appear to be 27 parking spaces on the existing lot. It is not clear whether the spaces shown are existing or are they proposed to be striped. Mr. McGowan stated what is required by Egg Harbor City Code concerning parking spaces. Mr. McGowan reviewed the section of Egg Harbor City Code which outlines the minimum requirements for new and used automobile sales and service establishment’s. He addressed that the Applicant intends to display cars along (within 25’ of) the front property line. The placement of vehicles in close proximity to U.S. Route 30 could impede the site triangle for vehicle’s exiting the site onto U.S. Route 30. The proposed site circulation pattern should be clarified. Mr. McGowan recommended bollards and the use of curb stops be considered to better delineate parking spaces on the site and to offer protection to the neighboring property.

Chairman Mueller addressed the Applicant stating that a site plan will be required in order to address the comments from the City’s Professionals; a plan showing more detail such as lighting, barrier free parking and access, grading, basic stripping needs, dimensioning and stacked parking. Mr. Mueller suggested that the Applicant and his Attorney work with the City Engineer and the City Planner for guidance to insure these items are addressed on the plans.

Mr. Dennis asked if the Applicant has any plans to place a fence in the back of the property to keep it separated from the adjacent residential area. Mr. Callahan noted that a 6 foot fence already exists in the rear of the property.

Mr. Schroeder stated the Applicant has asked for a continuance for a month to confer and asked if there were any objections.

Mr. Colby noted that on the application in two places the owner was listed as John Cornell at 224 Buffalo Avenue but the lease shows the name John Coyle.

Mr. Nazaryan stated John Coyle is the correct name.

Mr. Colby expressed his concerns about the application and the importance of a site plan being prepared. Mr. Colby would like the plan to show arrows for a one way traffic system, arrows painted on the asphalt, and where a tow truck will be kept if they have one. Mr. Colby discussed parking for customers and barrier free parking.

Mr. Schroeder wanted it to be clear that there will be no auto body repair work done at this location.
The Applicant will only be repairing vehicles they are selling.

The Chairman asked if there were any questions from the Public. There were none.

New Business: #13-01PB
47D3, LLC
Dollar General
1314 White Horse Pike
Egg Harbor City, NJ 08215
Preliminary and Final Site Plan Review

Tuvel the Attorney with Gibbons P.C. represents the Applicant. Mr. Tuvel had four witnesses; John Palus, Professional Engineer from Dynamic Engineering, Justin Taylor, Traffic Expert from Dynamic Engineering Traffic, John McDonough, Professional Planner and Landscape Architect, Applicant David Young 47D3 LLC, Dollar General. All Witnesses were sworn in by James Schroeder.

Mr. Tuvel provided the Board with the property location and a brief history of the proposed site for the Dollar General Store. Mr. Tuvel noted they have been working with the City’s Professional’s which has led to a resubmission of plans with revisions. Dollar General is a neighborhood retail store. Hours of operation will be seven days a week from 8a.m. to 10 p.m. Mr. Tuvel noted Wells Fargo who owns the adjacent property has been provided with all plans and reports concerning this project.

There are many site improvements that will be taking place in association with this project such as raising the site, drainage, and remediation of the site due to some soil contamination.
John Palus Professional Engineer had 3 Exhibits, an Aerial color photo, Exhibit A-1, Site Plan Rendering, color version, of the site plan submitted with proposed landscaping overlay, Exhibit A-2, and Building Elevations, Exhibit A-3. Mr. Palus provided the location of the site and described the surrounding businesses, vacant land and residential areas. Referring to Exhibit A-1 Mr. Palus reviewed the undeveloped land, vegetation, drainage patterns and soil types. Exhibit A-2 indicates a proposed 9,111 square foot Dollar General Store which will be in the Highway Commercial Zone; however the RC bulk standards apply to this property. Mr. Palus noted they are proposing 31 parking spaces two of which will be barrier free spaces. Parking space size complies with the City Ordinance. Mr. Palus reviewed loading areas and when deliveries will be made. He also described the trash enclosure area surrounded by a chain link fence with privacy slats, the HVAC system surrounded by a four foot chain link fence with privacy slats, and additional buffering on the south side with heavy vegetation and another 4ft fence due to the residential house located close to this side of the property. Access to the site will be provided by a proposed 25ft. driveway off of the White Horse Pike that would be ingress only which NJDOT has already approved. Mr. Palus discussed proposed sidewalks along White Horse Pike, storm water management and location of pervious pavement. Mr. Palus described the proposed Landscaping of the site. Mr. Palus discussed raising the site 4 feet in order to facilitate stormwater management. He also explained how the basin will be constructed. Lighting was described and locations were given. The Attorney mentioned they will work with the Board and Professionals to see which lights should remain on for security purposes. The Attorney wanted it on the record that Dollar General has 2 to 3 employees per shift. Mr. Palus discussed the modifications and upgrades that will be made to the proposed building in order to improve the overall appearance of the structure. He also discussed signage for the building, utilities and parking.

The Traffic Engineer Justin Taylor reviewed his report dated August 30, 2012. This study was conducted to develop trip generation and parking generation rates for Dollar General Stores. This study was conducted to insure adequate parking, ease in circulation for customers and deliveries. Mr. Taylor also discussed signage for the building with respect to the traveling public. The Applicant will be requesting a variance for signage. Mr. Taylor also updated the board on the NJDOT permit.

John McDonough, Professional Planner and Landscape Architect distributed a 3-part Exhibit. Exhibit A-4A is the aerial photograph, Exhibit A-4B is a ground photograph of the site itself and Exhibit A–4C are ground photographs of the surrounding area. Mr. McDonough described the site as shown on Exhibit A-4A. This property has been vacant since the 1930’s. He noted the site is quite suitable for the proposed development. On Exhibit A-4B Mr. McDonough described each photograph. Photo 1 is of New Orleans Avenue, subject site on the right, Photos 2 and 3 are of the subject site, Photo 4 is of the subject site on left and White Horse Pike. Photos 5, 6, and 7, are photographs of surrounding businesses and Photo 8 is of the Paper Street on 13th Avenue. He reviewed the following:
• Business hours from 8 to 10
• Zoning
• Relief variances that will be asked for
• Parking spaces provided (31) versus parking spaces proposed (34)
• Front yard parking setbacks
• Wall signs (two signs on front instead of one and the size of the lettering for safety and visual impact)
• Free standing sign variance for location and size.

The meeting was adjourned for a short recess at 9:10p.m.

Mr. Michel reviewed his report dated August 14, 2013. Mr. Michel noted the Applicants plans now show the wetlands located on the site. Mr. Michel reviewed a number of items that should be considered for completeness which are noted in his report and has been sent via e-mail to the Attorney, Jason Tuvel. Under land use considerations, Mr. Michel stated this is clearly a permitted use in the zone. Mr. Michel reviewed parking /loading and noted parking should be adequate. Mr. Michel referred to a letter from the neighboring property owner Wells Fargo Bank dated August 20, 2013. Planning Board Members and Professionals received a copy of this letter. Mr. Michel reviewed this letter which concerns the proposed parking count variance and the request that a variance to permit a diminished parking count should be conditional upon the continued use of the property in the same or substantially similar manner as currently operated by Dollar General and described in the March 29, 2013 Traffic Impact Study, prepared by Dynamic Traffic. In the event of such a change of use the then owner of the subject property or tenant should be required to return to the Planning Board to submit proofs for a parking count variance for the new use, or provide mitigation in the form of additional parking spaces or reduced floor area. Mr. Michel continued to review his report noting deficiencies in the Applicants plans and changes that should be made. Mr. Michel wanted it noted on the record items 1 through 9 under Architectural Design Standards of his report repeat what the ordinance says and those items should be addressed. Mr. Michel reviewed the variances and waivers that are being requested by the Applicant dated April 16, 2013.

The City Engineer Mr. McGowan began his report dated August 15, 2013 and reviewed Completeness. Mr. McGowan listed deficiencies found with the Applicants plans. Under Completeness Mr. McGowan noted proposed street profiles and cross sections of 13th Terrace should be shown. 13th Terrace should be improved and utilized as part of this application. Site lighting was also reviewed. A sanitary sewer easement is proposed by the Applicant in the area of the existing sanitary sewer main. A written legal description should be provided and filed with the County to permanently dedicate this easement to the City. A performance guarantee should be posted as a condition of approval. Under the Technical Review Mr. McGowan noted the Applicant still needs Pinelands approval; at this time their certificate of filing is inconsistent. Mr. McGowan addressed building and structure design, entrances and exits, offsite parking, lighting, proposed driveway entrance and street improvements. The Applicant is requesting a waiver from providing improvements to 13th Terrace. Mr. McGowan noted sidewalks along the White Horse Pike and New Orleans Avenue are required and should be provided. The Applicant is requesting a waiver from the requirement of constructing sidewalks along New Orleans Avenue. Mr. McGowan noted the stormwater requirements need to be revised slightly to reflect the actual conditions of the proposed basin; the Applicant has requested that the stormwater management plan be provided as a condition of approval. Mr. McGowan would like to see a plan prior to approval. Mr. McGowan noted additional materials must be submitted concerning groundwater mounding. Mr. McGowan reviewed only general comments that have not been addressed by the applicant. The Applicant should clarify the ability of the Jellyfish MTD to operate with the proposed invert elevations. The Applicant has provided a diversion structure as part of stormwater management. The inverts provided in the connection with the Jellyfish manufacturer do not match the inverts provided on the plans. The Applicant has stated that the plans will be revised to correct this inconsistency. Mr. McGowan discussed site grading, the requirement for a street opening permit for the proposed gas service and any additional work proposed within the City Right-of-Way. Mr. McGowan recommends that the Board require the Applicant to post a performance guarantee, a maintenance guarantee and an inspection escrow in accordance with 170-49 and 170-50. Mr. McGowan continued reviewing additional comments within his review letter. The Applicant should address whether dam safety rules may apply to the basin as currently designed. The Applicant should investigate the minimum depth of water for consideration of a structure as a dam. A construction detail of the proposed basin retaining wall should be submitted. The included detail is labeled Not for Construction. The Applicant has requested that this be submitted as a condition of approval. Mr. McGowan reviewed the additional comments of his report dated 8-15-13.

Chairman Mueller asked if the adjoining neighbors of this site had any comments at this point in time.
The neighbor Cheryl Rundio who resides at 25 New Orleans Avenue was sworn in by Mr. Schroeder.

Mrs. Rundio expressed her concerns about the storm drain that is close to her property line.
Mrs. Rundio asked when the stormwater drains down from the Dollar General Site how much runoff is there going to be; how much water is going to sit in the basin and will this affect the foundation of her home.

Mr. Tuvel noted the Applicant wants to make sure there is no adverse impact on the neighboring property and will submit calculations to Mrs. Rundio and the City Engineer to insure there will be no adverse effect due to stormwater runoff.

The Engineer Mr. Palus addressed the above questions and stated there will be no impact on the neighboring property. Stormwater management is reviewed by Pinelands on how it will affect the surrounding area. The Board Engineer will be given all of information regarding Pinelands findings to insure there is no negative impact on your property.

Mr. Rundio restated her question about the water held in the retention basin. Mr. Palus noted the water will drain within 72 hours and explained the workings of the draining system.

Mrs. Rundio expressed her concerns about the noise level from the air conditioning units.
Mr. Palus noted the units are surrounded by a four foot fence with privacy slats and must comply with current DEP regulations with noise levels at the residential property line.

Mrs. Rundio expressed her concerns about deliveries.

Mr. Palus stated deliveries will be made by tractor trailer in the designated loading area, once a week around 8 a.m. and will take about 45 minutes.

Mrs. Rundio expressed her concerns about the trash enclosure and landscaping.

Mr. Dennis had questions concerning the drainage and the retention basin. Mr. Dennis noted that Egg Harbor City is built on clay layers and there have been problems with retention basins in the past. His main concern is that eventually this retention basin will fail if not constructed properly when dealing with the clay issue.

Mr. Dennis noted the plan shows a concrete enclosure and suggested a decorative block that would be more appealing to the eye.

Mr. Dennis inquired about the maintenance plan for the retention pond.

Mr. Colby expressed his concerns about the drainage of this basin and the potential problems that could occur and would like the applicant to address these potential problems.

Mr. Palus addressed these concerns. He noted there will be testing to insure that the basin works properly in accordance with State requirements.

Mr. Mueller expressed his concerns about failed retention basins and wants assurance that the engineer will stand behind his design and take responsibility if the stormwater management system fails.

Mr. Peterson inquired about how they conducted their testing. Mr. Peterson explained borings must be done below 50 feet in order to get the entire picture. A back hoe must be used.

Mr. Palus noted they will work with the City Engineer to address the Boards concerns.

Mr. Dennis asked if the Applicant would consider putting a stockade fence versus a chain link with privacy slats between Dollar General and the residential neighbor.

Mr. Tuvel stated he will discuss this with the Applicant.

Mr. Dennis expressed his concerns with the porous asphalt and the maintenance plan to insure it work efficiently.

Mr. Palus noted a detailed report will be given at the end. The vacuuming of this concrete must be done and a maintenance manual will be provided. An operations manual will be required and Mr. Dennis noted he is requesting this guarantee in the final approval.

Mr. Dennis discussed Sidewalks on New Orleans Avenue and stressed that sidewalks are a requirement in Egg Harbor City for everyone. Mr. Dennis is encouraging the Board not to waive the sidewalks for this project.

Mr. Colby agreed with Mr. Dennis noting that New Orleans is the only street in that section of Egg Harbor City that crosses the railroad tracks and therefore sees more traffic than any other street and that includes foot traffic.

Mr. Mueller noted he believes that this will be the consensus of the board; sidewalks will be a condition.

Mr. Tuvel stated the Applicant has agreed to put in sidewalks on New Orleans Avenue; this will be a Condition of Approval and they will withdrawal their waiver request.
Mr. Dennis expressed his concerns about the overall look of the building and commended the Applicant for making certain upgrades to improve the design.

Mr. Tuvel noted the Applicant has been trying to enhance the outside of the building and will try to make additional enhancements but cannot promise anything.

Mr. Dennis inquired about the pollution they keep mentioning on the site. Mr. Young, the Applicant, addressed this issue and stated the pollution is from petroleum products. Mr. Young discussed the remediation process.

Mrs. Torres Alternate #2 left the meeting at 10:34.

Mr. Dennis discussed the possible development and improvements of 13th Terrace and their benefits.

Mr. Tuvel stated that stormwater issues are the basis as to why 13th Terrace is not being improved.

Mr. Tuvel spoke with the attorney for the Wells Fargo Property and he is in agreement that 13th Terrace should not be improved and each property should have their own access points because they are in the highway commercial zone.

Mr. Mueller noted bringing a tractor trailer through a parking lot is not a good idea. It would be safer for tractor trailers to come into the back of the site away from parked vehicles.

Mr. Dennis discussed the option of vacating 13th Terrace.

Board Members and Professionals continued discussion on vacating 13th Terrace

Mr. Colby suggested the side of the building have some sort of overhang for protection from the rain.

Mayor Jiampetti expressed her concerns about insuring clear visibility at the corner of the White Horse Pike and New Orleans Avenue because it is a very dangerous high traffic area. The Mayor noted if the tree is removed it will improve visibility.

Mr. Mueller noted it was 11:00 and asked the Applicant if they would mind continuing the meeting next month. This was agreed.

Mr. Tuvel would like to schedule a Special Meeting to be held on September 16, 2013 at 6:30pm.

Mr. Dennis made the motion to hold the Special Meeting on September 16, 2013 at 6:30pm seconded by Mr. Peterson and carried.

Mr. Schroeder stated this will be noticed in two newspapers, held in the court room, and no further notice is necessary.

For ease in reading the revised plans, Mr. Mueller asked the Applicant to submit 11 X 17 revised copies for Planning Board Members. A regular sized set of plans should be submitted to our Planner and Engineer. A regular sized set of plans should also be submitted to the City for its files.

Council Report: Mr. Dennis discussed the Conifer Project (The Rittenberg Site) and the recent request for an environmental study of the site. This project will be beginning soon it will be an age restricted building and will be a beautiful asset to the City.

Adjournment: Upon motion made by Chairman Mueller, seconded by Ed Dennis and carried the meeting was adjourned.

Respectfully Submitted
Donna Heffley/Planning Board Secretary