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9/16/13 Planning Board Meeting Minutes

SEPTEMBER 17, 2013
7:15 P.M.

A regular meeting of the Egg Harbor City Planning Board was held on September 17, 2013 with Chairman Gerhard Mueller presiding. Other members in attendance were Vice Chairman Richard Colby, Mayor Jiampetti, City Official Keith Adams, Council President Edward Dennis, Regular Members Miriam Mueller, Dennis McKenna, Alternate #1 Jack Peterson, Alternate #2 Gladys Torres, Solicitor Jim Schroeder, City Planner Tim Michel, Engineer Ryan McGowan and Secretary Donna Heffley.

Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Adams yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, 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: August 20, 2013
Upon motion made by Mrs. Mueller, seconded by Mr. Colby and carried the August 20, 2013 minutes were approved.

Resolutions: none

New Business: Mr. Mueller announced the first order of business the application 13-04PB Cedar Creek
Partners, LLC has been withdrawn and will be continued at a later date.

Mr. Mueller announced the second order of new business.

Bank of America
205 Philadelphia Avenue
Egg Harbor City, NJ 08215
Block 201, Lot 12.02
Request for Waiver from Site Plan Review and Approval

Attorney Scott Collins with Riker, Danzig Scherer, Hyland and Perretti represented the, Applicant, Bank of America. Bank of America proposes to construct a vestibule ATM at the property located at 205 Philadelphia Avenue. It is an existing store front; there are no changes proposed to the site plan or to the building envelope so the Applicant is requesting a waiver of site plan.
Jeff Martell Licensed Professional Engineer with Stonefield Engineering was sworn in as a witness.
Mr. Martell summarized plans for the site at 205 Philadelphia Avenue. The Applicant is proposing to construct one ATM in a small vestibule area with security and no exterior facade changes. The Applicant will be occupying the left commercial suite in this building. The only changes to the outside of the building will be to the lower window frames which are wooden and are not suitable for ATM security levels and will be replaced to meet security requirements. In time the door will also be replaced. The Applicant will be replacing the sidewalk landing in front of their suite to comply with current ADA standards. There will be no exterior changes, no lighting changes, no site changes, and no signage at this time; just an interior fit out of an existing commercial suite for the purposes of an ATM.

Mr. Michel reviewed his report dated September 11, 2013. Mr. Michel discussed the replacement of the windows and that they must match the existing ones, if not the Applicant should replace all the storefront windows with matching design.

Mr. Michel discussed corrections to be made on the plans and reviewed trash and recycling enclosures.
Mr. Collins noted there will be very little trash generated. There is a maintenance crew that will be taking care of the suite.

Mr. Michel discussed signage and noted any proposed signage will have to comply with the ordinance.

Mr. McGowan reviewed his report dated September 13, 2013 and addressed his concerns with the replacement segment of sidewalk immediately adjacent to the building entrance. Mr. McGowan discussed what will be necessary to ensure proper ADA compliance in the construction of a compliant ramp and landing at the entrance.

Mr. McGowan reviewed lighting. All future plans to be submitted must be signed and sealed engineering plans.

Mr. Mueller expressed his concerns with the windows and asked if all of the windows will be replaced.
Mr. Collins stated they are going to match the existing windows however they will work with our Professionals to address this concern.

Mr. Colby expressed his concerns with security and surveillance of the property.
Board Members and Professionals discussed security of the site.

Mr. Peterson addressed his concerns with the lighting on the outside of the building and to consider replacing the old lighting with new updated fixtures.
Mr. Collins noted he will take these comments back to the Applicant.

Motion for a waiver of site plan was made by Mayor Jiampetti, seconded by Mr. McKenna
Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Adams yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mrs. Torres yes and Mr. Mueller yes.

Mr. Mueller called the next applicant. 13-03PB Atlantic Auto World
Armen Nazaryan & Ashot Yegoryan
302 White Horse Pike
Egg Harbor City, NJ 08215
Mr. Mueller asked the Applicants if they were an LLC or a Corporation because last month when they were present before the Board they had an Attorney represent them.
Mr. Nazaryan stated they are not an LLC or corporation and will represent themselves.
Mr. Mueller informed the Applicants if they were an LLC or a Corporation they would need an Attorney in order to continue their application before the Board.
Mr. Schroeder swore in the Applicants.
Mr. Mueller noted since they were here last month the Board is aware of what the Applicant is asking.
Mr. Michel reviewed his report dated September 11, 2013.
Mr. Michel and Mr. McGowan had met with the Applicant and reviewed their reports and asked for revisions to be made to the plan.
Mr. Michel noted he asked the Applicant if the site was previously a gas station and for proof there is no further action required by NJDEP.
Mr. Nazaryan stated the owner of the property John Coyle will provide this information by the end of the week.
Mr. Michel reviewed trash, signage, outdoor lighting, deliveries, curbing, landscaping, parking, traffic, parking, and signage. Mr. Michel also noted the clothing bins on the site should be removed. Their present location in the London Avenue right of way and will not work with the orientation of the parking and circulation on site.

Mr. McGowan reviewed his report dated September 13, 2013. Mr. McGowan reviewed comments that still needed to be addressed by the Applicant. Mr. McGowan noted items that need to be clarified on the plan submitted concerning striping of parking spaces, traffic flow patterns, site circulation pattern, drive aisle between the parked cars along U.S. Route 30 and the existing building and surrounding concrete should be clarified.

Mr. Mueller interrupted Mr. McGowan and made the announcement that he had just been informed that the Applicant, Atlantic Auto World, was indeed an LLC. Mr. Mueller stated there would be no further action or testimony either by the applicant or the Board this evening, and that the Applicant needs an attorney present for any further representation.
Mr. Schroeder noted there was an LLC opened on June 12, 2013 and that they need an attorney present. The Applicants left the court room.

Other Business: None

Public Portion: No one was present.

Council Report: Mayor Jiampetti announced The Cedar Creek Drama Club has offered to rake leaves for Senior Citizens and disabled citizens in Egg Harbor City. If anyone would like to sign up please contact City Hall for more information.

Mr. Dennis updated the Board on projects that have been completed throughout the City.

Mr. Mueller announced he would like to hold an Executive Session.
Upon motion made by Mr. Peterson, seconded by Mr. Colby and carried
The Planning Board entered into Executive Session at 8:31p.m.
Mr. Adams had to leave executive session at 8:42pm
Mr. Schroeder announced the return of the Board from Executive Session at 8:50 P.M.

Due to a conflict of interest Chairman Gerhard Mueller has stepped down and Vice Chairman Dick Colby will now chair the remaining portion of tonight’s meeting.
Mr. Colby announced there will be 3 motions to be voted on.
First, to hold a Special Meeting on October 1, 2013 at 7:15 for a request from Brad Haber for a revision to his plan for the Egg Harbor North Development Area.

Mr. Peterson made the motion, seconded by Mrs. Mueller and carried.
Mr. Dennis abstained from voting due to a conflict of interest on being a member of City Council when the plan was developed as part of the City’s RFP for the development of that area.
Mayor Jiampetti abstained from voting for the same reasons as Mr. Dennis.
Mr. Mueller abstained from voting because the firm he works for prepared the engineering plans for Mr. Haber’s Application.
4- Affirmative votes 3-Abstaintions.

The second motion made was for Mr. Schroeder to write a letter to Atlantic Auto World explaining why their testimony was terminated tonight and explain how they will be able to come back as an LLC.
Mr. Dennis made the motion, seconded by Mr. Peterson and carried.

Adjournment: Mr. Dennis made the motion to adjourn, seconded by Mrs. Torres and carried.

Respectfully Submitted
Donna Heffley,