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3/17/15 Land Use Board Meeting Minutes

MARCH 17, 2015
7:00 P.M.

A regular meeting of the Egg Harbor City Municipal Land Use Board was held on March 17, 2015. Those in attendance were Mayor Jiampetti, City Council President Edward Dennis, Chairman Gerhard Mueller, Vice Chairman Richard Colby, Regular Member Todd Warker, Michael McKenna, Jack Peterson, Alternate Member Gladys Torres, Solicitor Jim Schroeder, City Planner Tim Michel, Engineer Ryan McGowan and Secretary Donna Heffley. (Not present were City Official Donald Milne, Regular Member Dennis McKenna, and Alternate Krissy DeClementi).

Chairman Mueller called the meeting to order.

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

The Chairman directed this announcement to be entered into the minutes.

Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Milne absent, Mr. Colby yes, Mr. Peterson yes, Mr. Michael McKenna yes, Mr. Warker yes, Mr. Dennis McKenna absent, Mrs. Torres yes, Mrs. DeClementi absent, Mr. Mueller yes, Mr. Coluzzi yes, Mr. Michel yes, Mr. McGowan yes, and Secretary Donna Heffley yes.

Approval of Minutes: February 17, 2015
Upon motion made by Mr. Dennis, seconded by Mr. Peterson and carried the February 17, 2015 minutes were approved.

Approval of Resolutions: none

Mr. Mueller noted that the agenda order will be changed for tonight’s meeting due to some issues on the agenda that must be addressed with all board members present.

Other Business: Egg Harbor City Code Enforcement
Mr. Michel gave a brief review of the issues that the Code Enforcement Department is facing with rental properties. Mr. Michel prepared a memo dated February 24, 2015. Mr. Michel referred to the Egg Harbor City Code which provides for annual housing inspection and issuance of a housing permit. Section 161-2 requires, in part:
“No person shall rent, lease or let to any occupant or occupants, whether or not for consideration, any unit of dwelling space unless a housing permit has been obtained from the City of Egg Harbor City.”
This means that a property owner is not exempt from housing permit requirements by claiming they are not charging Rent. Allowing people to occupy a dwelling triggers the need for a housing permit; which is designed to ensure the property is clean, safe and in compliance with the International Property Maintenance Code.
Board Members and Professionals discussed the issues that Code Enforcement is facing with rental properties. Discussion on these issues will continue at the next meeting.
The Solicitor Mr. Coluzzi noted that Amendments may have to be made to the City Ordinances to provide guidelines for the Code Enforcement Department to address these issues.

Code Officials Milka Adams and Steve Blackwell were present to discuss issues they are facing within the City. Both Officials were sworn in by Mr. Coluzzi.
Mrs. Adams discussed Landlords not obtaining Certificates of Occupancy before moving in new tenants and how they should be fined.
Mrs. Adams discussed owners of properties renting rooms while occupying the property themselves.
Housing permits must be obtained. The Property Maintenance Code has standards and rules that must be followed.
Mrs. Torres noted there is a benefit for registering rental properties with the City. If the time comes when a Landlord must evict a tenant the Landlord will have documentation that the property is a legal rental meeting the City Codes which will help the owner in their case.
Mr. Dennis asked that Mr. Michel to review City ordinances concerning Code Enforcement issues.

Mr. Mueller asked for a motion for Mr. Michel to review the City ordinance concerning code enforcement rules and regulations on rental properties and bring his findings to City Council.

Mr. Blackwell, Code Official discussed his issues of concern. Our records should always reflect whether or not the owner is present on a rental property.

For Group homes documentation must be provided to the City that they are an approved group home and the regulations they must follow by the state.

The Board is asking Mr. Michel to prepare a written directive and or list of examples for the Land Use Board to make a recommendation to the governing body to revise City ordinances governing rental properties and registration of rental properties. The second issue will address group homes and key locks.

Motion made by Mr. Colby, seconded by Mr. Warker and carried.

Ryan McGowan, City Engineer reviewed with the Board the Bond issue concerning Accent Fence. He discussed the 10 year maintenance guarantee that was required years ago and now they are unable to acquire such a bond. This requirement was for the year’s 2000 through2007. Now we are proposing an alternate plan in which the applicant would have to refile there declaration of covenants and restrictions, which is filed with the property deed. They would refile and the applicant would maintain the storm water facilities in perpetuity. The Owner would not have to provide any bond but once they refiled the City could file a lien against the property Owner if they fail to meet their requirements.
Mr. Carnesale requested that the 10 year bond be waived.

Mr. McGowan asked the Board if the City should follow the same procedures that Hamilton Township has adopted.
Mr. McGowan reviewed past procedures.
Mr. Carnesale owner of Accent Fence was sworn in by Mr. Coluzzi.

The Board asked the Applicant to re file his deed with the County agreeing to take care of the Storm Water basin in perpetuity.
Mr. Carnesale requested the requirement be removed and expressed his concerns about this matter.
Mr. Mueller noted this is to protect the City so that the Stormwater basins will be maintained.
Mr. Dennis made a motion to amend the original resolution to relieve the applicant of his previous obligation and to require the alternative of refiling his deed.

Motion made by Mr. Dennis
Mayor Jiampetti yes, Mr. Dennis yes, Mr. Colby yes, Mr. Peterson yes Mr. McKenna yes, Mr. Warker yes, Mrs. Torres yes, Mr. Mueller yes.

Mr. Dennis announced that he and the Mayor are prohibited by statue for participating in the hearing of the next application. In the event there is an appeal City Council will have to hear the appeal and they cannot be present or take part in this application.

Mr. Mueller announced there would be a five minute recess.

New Business: #2-15 LUB
Highway Petroleum, INC
1451 White Horse Pike
Egg Harbor City, NJ 0-8215
Block 715, Lots 26 & 28
Conditional Use
D Variance
Mr. Mueller asked for anyone who will be giving testimony on this application to come forward to be sworn in by the City Solicitor.
David M. DeClement, Esq., Brian Peterman Engineer, Tiffany Cuviello, Professional Planner were sworn in by Mr. Coluzzi.
The Applicant is requesting approval for a use variance and bulk variance only. A Site Plan will be addressed at a later date.

Mr. Coluzzi reviewed the Applicants notice and 200 foot list requirement and announced the Applicant has proper jurisdiction to be heard by the Board.
Mrs. Cuviello announced this application will be a two-step process, the variances are being requested tonight and the Applicant will return to the Board for a site plan and continued with her testimony.
Currently the owner has 2 lots each with a separate use. Lot 28 is a gasoline service station while lot 26 is a multi-bay car wash. The Applicant would like to combine the 2 lots, demolish the existing buildings, construct one building that is to be used as a convenience store and construct five gasoline service islands and a kiosk. The Applicant is asking for a change of use for Lot 26 to allow for a convenience store. The applicant is also asking for a variance to continue to allow for a 5 foot side yard setback.
A-1 an exhibit of Site plan being used for demonstration purposes only.
A-2 is an Aerial photograph of the site.
A-3 Display application for zoning, plan of site
A-4 Exhibit a true conception plan for the proposed plan a Sunoco A Plus.

Site Improvements will be discussed when the applicant returns at a future time and date for Site Plan Approval.

Members asked questions about landscaping, loading, entrances, and dumpster location.
The Engineer, Brian Peterman, presented his report and testimony on the project.
He discussed Soil samples taken, tank make and location.

Mr. Michel asked if the Applicant is requesting bulk variances tonight.
The Applicant is requesting approval for setback variances only and will return for the full site plan.

Mr. Peterman continued his report discussing building size, location of the site, driveway location, parking, and a brief description of the outside of the building, circulation and dumpster location. The details will be discussed further in the more detailed site plan.

Mr. Michel reviewed his report dated February 23, 2015.
Mr. Michel noted the Applicant submitted a Variance/Change of Use Plan by Peterman Maxey dated 3/19/15 which provides sufficient information of review of the use variance but not the site plan. Substantial additional detail will be required to comply with the submission requirements of Section 170-31 of the Egg Harbor City Development Ordinance. Deficiencies include: topography, survey, floor plans and elevations of the building, lighting, signs, screening and landscaping, recycling description.

Hours of operation were discussed between the Applicant and Board members.
Parminder Singh part owner of the property was sworn in by Mr. Coluzzi. He explained to the Board that food sold in the convenience store will be ready for pick up.

Mr. McGowan did not give an Engineers report because this application was for a use variance approval only. This was totally a planning issue for the City Planner to address.

Public Comments: MaryAnn Cudo-Beck and Rich Beck were sworn in by Mr. Coluzzi. Mrs. Beck’s residence is located diagonally from the Sunoco Station. Mrs. Beck wanted to know why they were notified of this meeting. The Chairman noted all property owners within 200 feet were notified. Mr. Beck noted the lights from the previous business would shine into his bedroom window at night. He wanted to make sure with the new business that the lighting will not be a problem.
Mr. McGowan reviewed the lighting standards that will have to be followed and Mr. Beck’s concerns will be noted.

Public Portion: closed.

Mr. Coluzzi noted the Board will be making a determination for Block 715, Lot 26 and 28, there are two use variances applications for approval tonight Lot 26 is in the residential zone R-11, for use of convenience store with a gas station on the consolidated lot and Lot 28 is in the HC zone which allows for service station. Also the Board will be making a recommendation for the bulk criteria shown on H3 that deals with the setbacks.
Upon motion made by Mr. Peterson, seconded by Mr. McKenna
Roll Call: Mr. Colby yes, Mr. Peterson yes, Mr. McKenna yes, Mr. Warker yes, Mrs. Torres yes, Mr. Mueller yes.

Mr. Michel reviewed the issue of trash dumpsters. Contractors are placing dumpsters in the street without providing protection to the City Streets. Mr. Michel noted requiring a permit for dumpsters will insure that proper placement and precautions are being followed. Regulations will be made in the near future.

Mr. Michel discussed clothing bins and the regulations that are required.

Council Report: none

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

Respectfully Submitted
Donna Heffley/Land Use Board Secretary