1/22/14 Zoning Board Meeting Minutes

EGG HARBOR CITY
ZONING BOARD OF ADJUSTMENT
RE-ORGANIZATION
JANUARY 22, 2014
7:00 P.M.

The regular meeting of the Egg Harbor City Zoning Board of Adjustment was held on January 22, 2013 at 7:00 p.m. with Vice Chairman Todd Warker presiding. Members in attendance were Regular members Donald Milne, Kristin DeClementi, Michael McKenna, Hurley McCall, Marie Johns, Alternate #2 John Garth, Solicitor Richard Carlucci, City Planner Tim Michel, City Engineer Ryan McGowan and Secretary Donna Heffley. Not Present were (Regular Member Faye Goble, and Alternate #1 Dave Montgomery).

Roll Call: Mr. Milne yes, Mr. McKenna yes, Mrs. Goble no, Mr. Garth yes, Mrs. DeClementi yes, Mr. Warker yes, Mr. McCall yes Mrs. Johns yes, Mr. Montgomery no, Mr. Carlucci yes, Mr. Michel yes, Mr. McGowan yes, and Secretary Donna Heffley yes.

Vice Chairman Todd Warker called the meeting to order and made the following the following announcement:

In compliance with the “Open Meeting Act” of the State of New Jersey, adequate notice of this meeting of the Zoning Board of Adjustment for the City of Egg Harbor was provided in the following manner:

A. Advance written notice was posted on the Bulletin Board in Egg Harbor City’s Municipal Complex.
B. Advance written notice was mailed to the Egg Harbor News, Hammonton, NJ the Atlantic City Press in Pleasantville, NJ and the Atlantic Current.

Vice Chairman Warker stated: “I Direct the Secretary to enter this public announcement into the minutes.”

Re-Organization:

1. Oath of Members: The following members were sworn into office by Solicitor Richard Carlucci:
A. Mr. Garth, Mr. McCall and Mrs. DeClementi were sworn into office by Solicitor Richard Carlucci as Regular Members for the Zoning Board.
B. Marie Johns was sworn into office by Solicitor Richard Carlucci as Alternate Member #2 for the Zoning Board.

2. Election of Board Officers:
A. Chairman: Todd Warker
B. Vice Chairman: Michael McKenna

Upon motion made by Kristin DeClementi, seconded by Michael McKenna
Roll Call: Mr. Milne yes, Mr. McKenna yes, Mr. Garth yes, Mrs. DeClementi yes, Mr. Warker yes, Mr. McCall yes, Mrs. Johns yes
Todd Warker was elected as Chairman of the Egg Harbor City Zoning Board.
Upon motion made by Mrs. DeClementi, seconded by Mr. Warker
Roll Call: Mr. Milne yes, Mr. McKenna yes, Mr. Garth yes, Mrs. DeClementi yes, Mr. Warker yes, Mr. McCall yes, Mrs. Johns yes
Mr. McKenna was elected as Vice Chairman of the Egg Harbor City Zoning Board.

3. 2014 Zoning Board Meeting Dates: January 22, 2014
February 25, 2014
March 25, 2014
April 22, 2014
May 27, 2014
June 24, 2014
July 22, 2014
August 26, 2014
September 23, 2014
October 28, 2014
November 25, 2014

The aforementioned meetings shall take place on the above dates, namely the 4th
Tuesday of each month

Upon a motion made by Mr. McKenna, seconded by Mrs. DeClementi
Roll Call: Mr. Milne yes, Mr. McKenna yes, Mr. Garth yes, Mrs. DeClementi yes,
Mr. Warker yes, Mr. McCall yes, Mrs. Johns yes

4. Newspaper Ads:
The Press of Atlantic City, the Egg Harbor News, the Atlantic Current, and
The Hammonton Gazette is designated recipients of meeting notices for 2014.
Upon a motion made by Mrs. DeClementi, seconded by Mr. McKenna
Roll Call: Mr. Milne yes, Mr. McKenna yes, Mr. Garth yes, Mrs. DeClementi yes, Mr.
Warker yes, Mr. McCall yes, Mrs. Johns yes

5. Appointments:
A. Solicitor
Upon motion made by Mr. Milne, seconded by Mr. McKenna and carried Richard Carlucci was appointed as the Solicitor for the Egg Harbor City Zoning Board.

B. Planner
Upon motion made by Mr. McKenna, seconded by Mrs. DeClementi and carried Timothy Michel was appointed as the City Planner for the Egg Harbor City Zoning Board.
C. Engineer
Upon a motion made by Mr. Milne, seconded by Mr. McKenna and carried Remington and Vernick were appointed as Zoning Board Engineers.
D. Secretary
Upon a motion made by Mr. Milne, seconded by Mr. Garth and carried Donna Heffley was appointed as the Secretary to the Egg Harbor City Zoning Board.
6. Approval of Last Year’s Minutes: January 22, 2013
Upon motion made by Mr. Garth, seconded by Mr. Milne and carried the January 22,
Meeting minutes were approved.

7. New Business: 14-01ZB – Richard Stuckel
1100 Duerer Street
Egg Harbor City, NJ 08215
Block 534, Lot 11
Use D Variance
Retail Store and Repair Shop
R-11 Zone

Richard Stuckel the Applicant was sworn in by Richard Carlucci. Mr. Stuckel explained to
The Board that he would like to open a small retail store within his existing repair shop.
Part of the existing show room that was an apartment will be used to provide space for the
new retail items. Mr. Stuckel is interested in selling electronic cigarettes to help people quit
smoking.

Board Members asked many questions concerning the items to be sold, hours of operation,
signage, exact location of retail store within the engine repair shop.

Tim Michel reviewed his report dated January 17, 2014 which has been distributed to the Applicant and the Board Members. Richard Stuckel is requesting a use variance to allow expansion of an existing mixed use building located at 1100 Duerer Street. The property is currently occupied by Rick’s Power Plus a small engine repair facility that has been at the location since 2002. Mr. Michel gave the history of the site. It was recommended that the Applicant submit additional documentation to show compliance with the referenced criteria; required parking spaces, driveway aisle dimensions, landscaping of parking lots, sidewalks, street trees, street lighting, architectural design standards and guidelines prior to Zoning Board action to the site plan. Mr. Michel noted that something also needs to be done to improve the exterior of the building.

Mr. Stuckel did note that he already has purchased vinyl siding for the outside of the building. He also noted that no equipment will be stored out front which will provide additional parking.

Mrs. DeClementi asked if the old Honda trailer could be moved off of the property.
Mr. Stuckel stated that the trailer will be removed.

Mr. Michel commented that Mr. Stuckel did come to the City and has been very cooperative. A site plan however is necessary in order for the Board to have a plan to evaluate. Also there are additional sheds on the property that were not shown on the plan and must be noted.

Ryan McGowan reviewed his report dated January 21, 2014 and noted the level of detail on the plan was not sufficient to conduct a review. Mr. McGowan listed all of the deficiencies so the Applicant knows what needs to be added to the plan. Mr. McGowan did note that any changes to the driveway entrance will require an Atlantic County road opening permit and also commented that any use variance granted by the Board should be contingent upon Site Plan approval.

Motion to approve the concept contingent upon the site plan being approved by the Board
with all recommendations of the City Professionals being addressed.
Upon motion made by Mrs. DeClementi, seconded by Mr. McCall
Roll Call: Mr. Milne yes, Mr. McKenna yes, Mr. Garth yes, Mrs. DeClementi yes,
Mr. Warker yes, Mr. McCall yes, Mrs. Johns yes.

Mr. Carlucci noted the Applicant will not have to re advertise when he returns with the site plan. Mr. Stuckel has received an approval from the Board for the concept of an expansion of the business which would require a D variance for the expansion of the non-conforming use and a C variance for the front yard contingent upon the appropriate site plan being submitted that satisfies all of the requirements of the City.

14-02ZB – Egg Harbor City Station, LLC
600 White Horse Pike
Egg Harbor City, NJ 08215
Block 319, Lot 12
Minor Site Plan
Downtown Redevelopment Zone

The Attorney George Emmer represented the Applicant Thomas Mellody who is a managing member of the Egg Harbor City Station LLC. Mr. Mellody is requesting to turn the Exxon Service Station building into a convenience store by closing the three bays and putting in a new store front. While Customers are purchasing gas they can also purchase dry good items such as bread, cigarettes or other items from the convenience store. Mr. Emmer explained the plans to the Board and Professionals. First the front of the building will be completed so the convenience store can open. Within a six month period the Applicant would like to raise and improve the existing canopy.

Board Members asked numerous questions about items to be sold, number of employees,
hours of operation, lighting, entrances and exits.

Tim Michel reviewed his report dated January 17, 2014. Mr. Michel gave a brief history of
the property. Mr. Michel also noted that the Applicant has been very cooperative in working
with the City Professionals concerning this application.
This property is located in Redevelopment Parcel 4. The previous use was automobile service
station and garage. Redevelopment parcel 4 permits pre-existing permitted uses. The pre-
existing zoning was Highway Commercial which allows automotive service stations as a
conditional use. The requirements for an automobile service station and repair garage are
contained in Section 170-56 of the Egg Harbor City Developmental Ordinance. The Downtown
Redevelopment Plan and the H-C District do not specifically provide for combination of a
gasoline station and a convenience store; therefore a use variance will be required. The fact
that the site is occupied by a gas station with limited retail sales for over 40 years indicates the
site is appropriate for the use.

Mr. Michel discussed the parking requirements for the site, trash, recycling, and signage,
outdoor lighting, landscaping, hours of operation, and architectural plans.
The Applicant is committed to sell dry goods only.
Mr. Michel discussed exterior lighting and signage. No signs or advertising shall be displayed in
the buildings windows.
The description of the proposal titled Summary of Improvement to Gas Station Site contains
appropriate conditions which could be added to the resolution. The list will continue with the
following additions; 5 the store will only sell dry goods, 6. The Applicant won’t add landscaping
to all four areas along the road. Landscaping will include scrubs and flowers consistent with
Exxon image and existing trees will be trimmed. 7. A no left turn sign will be added, 8. The trash
and recycling will be enclosed with a brick enclosure in the rear of the building. 9. The Canopy
will be raised and improved and this will be done as phase development in the future. 10.
Fencing along the south side of the property will be repaired or replaced.

Mr. Garth expressed his concerns about business signage in the windows.
Mr. Michel and Mr. McGowan addressed his concerns.
The Applicant has agreed to take down all window signs.

Mr. Warker expressed his concerns about the employee parking in the back.
Mr. Emmer noted the parking in the back will be changed and these changes have been
discussed with the City Professionals.

Mr. McGowan reviewed his report dated January 21, 2014. Mr. McGowan addressed the employee parking concern and explained how it will be resolved.
Mr. McGowan reviewed the Technical review section of his report. Mr. McGowan reviewed parking and the changes that must be made, yellow stripping, the curb stop in space 6, landscaping should not interfere with site triangle, proposed landscaping by neighbor for buffering, a no let turn sign on break away support, and lighting. The Engineer noted the application can be approved contingent upon the Applicant submitting revised plans addressing all issues mentioned by the Professionals.

A motion was made that the Applicant will receive approval contingent upon that the Applicant submits revised plans addressing all items listed in the Professionals Reports.

Upon motion made by Mr. Garth, seconded by Mr. McKenna
Roll Call: Mr. Milne yes, Mr. McKenna yes, Mr. Garth yes, Mrs. DeClementi yes, Mr. Warker yes, Mr. McCall yes, Mrs. Johns yes.

Adjournment: Upon Motion made by Mrs. DeClementi, seconded by Mr. McCall and carried the meeting was adjourned.

Respectfully Submitted,
Donna Heffley/Zoning Board Secretary