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9/16/13 Special Planning Board Meeting Minutes

SEPTEMBER 16, 2013
6:30 P.M.

A special meeting of the Egg Harbor City Planning Board was held on September 16, 2013 with Chairman Gerhard Mueller presiding. Other members in attendance were Vice Chairman Richard Colby, Council President Edward Dennis, Regular Members Miriam Mueller, Dennis McKenna, Alternate #1 Jack Peterson, Solicitor Jim Schroeder, City Planner Tim Michel, Engineer Ryan McGowan and Secretary Donna Heffley. (Not present were Mayor Lisa Jiampetti, City Official Keith Adams and Alternate #2 Gladys Torres).

Roll Call: Mr. Adams no, Mr. Dennis yes, Mayor Jiampetti no, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mrs. Torres no, 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.

New Business: Continued from the August 20, 2013 Planning Board Meeting
13-01 PB
47D3, LLC – (Dollar General Store)
1314 White Horse Pike & New Orleans Avenue
Egg Harbor City, NJ 08215
Block 621, Lot 18
Preliminary & Final Site Plan Approval
Highway Commercial Zone

Mr. Mueller noted he would like to limit the testimony to the revisions and new issues to be addressed.

Jason Tuvel the Attorney with Gibbons PC was present representing the Applicant 47D3, LLC (Dollar General). The Applicant submitted revised plans 10 days before this meeting in order to meet the statutory deadline addressing comments made in Mr. Michel’s and Mr. McGowan’s reports.
Mr. Palus Professional Engineer with Dynamic Engineering who was still under oath from the August 20, 2013 meeting was called on to discuss the revisions.

Mr. Palus noted for the record Exhibit A-5 identified as revised Site Plan Rendering dated September 16, 2013 is based on the revised Site Plan dated September 3, 2013. This exhibit was a color version Landscape Plan overlaid on a Site Plan drawing.

Mr. Palus also noted Exhibit A-6 which was an Architectural elevation.
Mr. Palus addressed the driveway design that has been revised and satisfies the Ordinance requirement. This alignment, however, depends upon the vacation of 13th Terrace or an ordinance restricting access to 13th Terrace.

The Applicant has provided sidewalk on the White Horse Pike and New Orleans Avenue which is now shown on the revised plans.

Modifications were made to the fencing on the site. On the south side of the basin there will be a stockade fence which will provide additional buffering. Also, a 4ft solid PVC fence will surround the HVAC system to provide additional buffering.

Mr. Palus reviewed the storm water basin design and has addressed the City Engineers concerns. He noted they have provided a revised plan which does meet the City Ordinance.

Mr. Palus reviewed the landscaping surrounding the property and the changes that were made.
Mr. Palus reviewed Exhibit A–6 and discussed the architecture of the building and the changes that were made to improve the overall look and to address the concerns of the board members.

Mr. Palus noted a ground water mounding analysis was completed by Dynamic Earth who went in depth to prepare a more detailed analysis; results will be provided to the City Engineer. Dynamic Earth confirmed there is no adverse impact at the residential property line abutting the basin. The residential home is beyond this point verifying there will be no negative impact on the residential home south of the site.

Mr. Michel reviewed his report dated September 11, 2013 and noted the items that still needed to be addressed by the Applicant.

Mr. Michel noted Mr. Palus described the gate for the trash enclosure to be board on board which does not comply with the design requirement. Mr. Michel confirmed that this gate must be constructed of a nonflammable material.

Mr. Michel asked Mr. Palus to describe in detail deliveries made to the site.

Mr. Palus noted some small deliveries would be made by box trucks which would take a regular parking space and would take deliveries in through the front door. Larger deliveries would be made in the back of the store using the loading dock area.

Mr. McGowan reviewed his report dated September 13, 2013. Mr. McGowan noted most of the comments have been addressed. Mr. McGowan requested that The City Engineer be removed from the “Responsible Parties” section of the Storm water Management Operation Maintenance Manual.

McGowan also noted an approved NJDOT access permit has not been provided for the revised configuration.

Mr. Mueller asked if there were any questions from the Public.
Cheryl Rundio was present who resides at 25 New Orleans Avenue adjacent to the Dollar General Site. Mrs. Rundio still under oath from the August 20, 2013 Planning Board meeting expressed her concerns with the drainage. Mrs. Rundio asked who she would contact if she has water problems in the future due to the drainage system proposed by this development.

Mr. Palus stated that Mrs. Rundio would contact Dollar General and they in turn would contact the Project Engineer. Mr. Palus noted he is aware that Egg Harbor City has had problems with drainage systems due to clay layers throughout the City. Mr. Palus noted this has been taken into consideration for the design of the system. They have been working with the City Engineer to insure the system will work effectively.

Mr. McGowan stated if at any time the system fails to drain within 72 hours, the basin will be considered in a failed condition and the applicant will no longer be meeting a condition of their approval. If it does not drain within 72 hours they will have to remediate this problem in order to remain in compliance with their approval.

Mr. Dennis wanted to thank the Applicant for addressing the Boards concerns and making changes on the plans.

Mr. Dennis expressed his concerns about the adjacent property and the possibility of water lying in the low area of this property.

The Professionals and Mr. Dennis discussed this issue.

Mr. Tuvel suggested making this a condition of approval. The City Engineer and Mr. Palus can review this issue and work it out to their satisfaction.

Mr. Dennis expressed his concerns about recycling debris after deliveries at the site.
Mr. Tuvel noted Dollar General takes care of all of their recycling.

Mrs. Mueller expressed her concerns about the lighting on the property and the length of time it will remain on after business hours.

Mr. Mueller commended the Applicant on making major revisions in response to concerns of the Board and the Boards Professionals.

Mr. Colby asked if 13th Terrace was vacated would this cause a problem for emergency vehicles.

Mr. McGowan stated he had previous conversations with the Police Chief and Mr. Gleason from the Water – Sewer Department and discussed using an elevated depressed curb along this area which would make the area accessible for City and Emergency vehicles.

The possibility of vacating 13th Terrace was discussed between Professionals and Board Members however this would be the decision of City Council.

Mr. McKenna commended the Applicant on how they were willing to work with the City to get things done.

Mr. Peterson noted this is a great project, one that the City can be proud of and appreciates the Applicant’s flexibility in answering the Boards concerns.

James Kyle a Licensed Professional Planner was sworn in by Jim Schroeder. Mr. Kyle described the added features to the architecture of the outside of the building to meet City Ordinance requirements.
Mr. Kyle also described the landscaping surrounding the building and how it will add to the overall look of the site.

Mr. Michel wanted to insure that the duct work on the back of the building will be painted to match the building.

Mr. Kyle responded that this duct work will be painted to blend in with the rest of the building.

Mr. Tuvel requested three items for the Board to address.
First, Mr. Tuvel would like the Board to make a recommendation to City Council concerning 13th Terrace whether they would like to vacate or restrict access. Second, Mr. Tuvel would like to keep the hearing open to the public and carried with no further notice till the next scheduled meeting. If City Council decides not to vacate 13th terrace or restrict access then the meeting will still be open and the Applicant can come back with revised plans. Third, Mr. Tuvel would like the Board Solicitor to prepare a resolution approving the application based on the conditions so when City Council decides what they would like to do with 13th Terrace it will not hold up the Applicant and everything can be approved and the resolution adopted at the October 15, 2013 meeting.

Mr. Schroeder noted he is in agreement with Mr. Tuvel. Mr. Schroder will draft a memo to the City Solicitor to either vacate or restrict access to 13th Terrace.

Mr. Schroeder announced the motion that the Planning Board recommends City Council restrict access across portions of 13th Terrace contiguous to the White Horse Pike and provide for proposed curbing and sidewalk to tie into the existing as required by New Jersey DOT.
Mr. Colby made this motion, seconded by Mr. Dennis
Roll Call: Mr. Dennis yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Mueller yes.

Mr. Schroeder announced the next motion that the Planning Board empowers him to prepare a resolution approving the project based on the conditions discussed before the board. Mr. Schroeder will prepare this resolution in the event that City Council takes this action.
Mr. Dennis made the motion, seconded by Mr. Peterson
Roll Call: Mr. Dennis yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes Mr. Mueller yes.

Mr. Dennis made the motion to table the application until the October 15, 2013 regular Planning Board meeting, seconded by Mr. Peterson
Roll Call: Mr. Dennis yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Mueller yes.

The Chairman announced this meeting will be continued with no noticing required at the next regular scheduled Planning Board meeting scheduled for October 15, 2013 at 7:15 p.m. in this courtroom.

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

Respectfully Submitted,
Donna Heffley/Planning Board Secretary