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10/15/13 Planning Board Minutes

OCTOBER 15, 2013
7:15 P.M.

A regular meeting of the Egg Harbor City Planning Board was held on October 15, 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 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:
September 16, 2013, Special Meeting: Upon motion made by Mr. Colby, seconded by Mrs. Mueller and
carried the September 16, 2013 minutes were approved.

September 17, 2013, Regular Meeting: Upon motion made by Mr. Colby, seconded by Mrs. Mueller and
carried the September 17, 2013 meeting minutes were

October 1, 2013, Special Meeting: Upon motion made by Mr. Colby, seconded by Mrs. Mueller and
carried the October 1, 2013 meeting minutes were approved.

Mr. Mueller announced that the order of the agenda would be changed to allow 47D3, LLC to be heard by the Board first since their application has been continued from last month’s meeting.

Jason Tuvel from Gibbons PC attorney for the applicant 47D3 LLC gave a quick review of the continuation of Public hearings that have taken place in August and September. Egg Harbor City Council, upon the recommendation of the Planning Board, adopted an ordinance restricting access from White Horse Pike to 13th Terrace. The ordinance was adopted on October 10, 2013. With the adoption of this ordinance the Planning Board would now be ready to vote on the Dollar General Application. Mr. Schroeder prepared a resolution approving the application based on the conditions set forth on the record. In attendance with Mr. Tuvel was Sam Chung from Dynamic Engineering, Mr. Palus who previously testified and Curtis Patenger from Dollar General the Corporate Representative. All were sworn in by Mr. Schroeder.

Mr. Dennis inquired about the site next to the Applicant’s property and wanted to be sure that the grading from the existing sidewalk to the proposed sidewalk will not be drastically different.
Mr. Tuvel noted if there are any issues with the grading the Applicant is willing to work with the City Professionals to address them.

Mr. Tuvel wanted to insure that all Planning Board Members were eligible to vote and that each Member voting has attended all meetings that were held where Dollar General was concerned.
A motion was made by Mr. Peterson to approve the application for the Dollar General, seconded by Mr. Dennis
Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Mueller yes.

Motion to adopt Resolution #5 of 2013 (Dollar General) was made by Mr. Dennis, seconded by Mr. Peterson.
Mr. Colby requested that a typo on page 8 of the resolution be corrected. The typo stated Mr. Rundio and should be corrected to Mrs. Rundio. Mr. Schroeder noted the typo will be corrected.
Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Colby yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Mueller yes.
The Dollar General Application was approved.

Mr. Mueller announced the next Resolution #3 of 2013 (Bank of America).
Mr. Dennis made the motion to approve the resolution, seconded by Mr. Colby
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.

New Business: Site Improvements and New Concession Building at Cedar Creek High School. This is a
courtesy submission.

Ted Hopkins, Architect for the project, and Charlie Mueller, School Business Administrator for the Greater Egg Harbor Regional School District, were sworn in by Mr. Schroeder. Mr. Hopkins gave an overview of the improvements that are being proposed to the Cedar Creek School and the construction of the new Concession Building with exterior bathrooms and storage areas. Sports lighting is also being proposed much like the lighting found at Oakcrest and Absegami High Schools. Also being proposed are new scoreboards, fencing, an electronic sign near the entrance, and restoration of the fields.

Mr. Mueller and Mr. Colby expressed their concerns about the lighting on the sports fields.
Mr. Hopkins noted the lights will be LED, the latest technology, and will be on timers. Also provided will be emergency lighting and proper shielding of these lights.
Mr. Dennis asked when this lighting will be used.
Mr. Hopkins noted the lighting will be used for band practice, lacrosse, soccer, and football games.
Mr. Michel discussed the lighting and noted he informed Mr. Haber about the sports field lighting. Mr. Haber noted he will notify people who are buying homes along London Avenue of this proposal.

Mr. Hopkins described the location of the temporary and permanent fencing that will be added and noted the fencing will be around the basin not around the entire complex.

Mr. Hopkins thanked the Board on behalf of the district for placing them on the agenda so quickly.

Mr. Dennis noted he appreciated the School taking the time to making a presentation on what is being proposed and informing the Board of their ideas.

Informal review:
Patty Hydock
Tim Michel gave an informal review of the Patty Hydock ice cream parlor. Patty Hydock was before the Board on May 18, 2010 and received a waiver for site plan review to allow for an ice cream parlor within their single family home. The property was retail and residential for over 50 years and the approval of the waiver was specifically referencing the use of the property for residential use and an owner occupied business. Mr. Michel noted a change in occupancy can take place; it is consistent with the Redevelopment Plan and the prior approvals. However, the same conditions will apply, such as this is an owner occupied business and only one business will operate at this location, not multiple businesses. Mr. Michel noted the proposed Modular Home business will be a family owned and will display options of modular homes that are available. Mrs. Hydock will be required to apply for a zoning permit and a mercantile license at the Zoning Office.

Landscaping and Open Space Contributions
Mr. Michel began his presentation on the Proposed Amendment to the Egg Harbor City Developmental Ordinance allowing for Landscaping and Open Space Contributions. Mr. Michel reviewed his memo dated September 12, 2013. This proposed ordinance would allow a Developer to request and receive a waiver for planting trees or shrubs or creating open space as part of a development plan if a monetary contribution were to be made to improve City owned property for the same landscaping or open space purpose. If this ordinance is passed the City will establish a trust account for open space money contributions and it will be used as needed to replace trees that have died and need to be replanted.

The Planning Board made a recommendation to City Council that this ordinance be adopted.
Upon Motion made by Mr. Dennis, seconded by Mr. Colby and carried.

Business Signs
Mr. Michel discussed business area signage, signage requirements and what is consistent with the ordinance. A building permit and zoning permit are required when a new sign is installed. Board Members discussed this issue further and noted signs must be installed correctly and according to code to insure the safety of others.

Council Report:
Mayor Jiampetti announced the Public Works Department received a grant to buy a leaf vacuum and lift.

Mr. Dennis discussed the Conifer Project that it is being held up by the State at this time due to water allocations concerning City well problems. A Historical study also had to be completed for the Federal government.

Public Portion: no comments

Adjournment: Upon motion made by Mr. Adams, seconded by Mr. Peterson and carried the meeting was adjourned.

Respectfully Submitted
Donna Heffley/Planning Board Secretary