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4/21/15 Land Use Board Meeting Minutes

April 21, 2015
7:00 P.M.

A regular meeting of the Egg Harbor City Municipal Land Use Board was held on April 21, 2015. Those in attendance were Mayor Jiampetti, City Council President Edward Dennis, City Official Donald Milne, Chairman Gerhard Mueller, Vice Chairman Richard Colby, Regular Member Dennis McKenna, Todd Warker, Michael McKenna, Jack Peterson, Solicitor Jim Schroeder, City Planner Tim Michel, Engineer Ryan McGowan and Secretary Donna Heffley. Not present were Alternate #1 Gladys Torres and Alternate #2 Kristin 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 yes, Mr. Colby yes, Mr. Peterson yes, Mr. Michael McKenna no, Mr. Warker yes, Mr. Dennis McKenna yes, Mrs. Torres absent, Mrs. DeClementi absent, Mr. Mueller yes, Mr. Schroeder yes, Mr. Michel yes, Mr. McGowan yes, and Secretary Donna Heffley yes.

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

Approval of Resolutions: Resolution #2015-002
Highway Petroleum
1451 White Horse Pike
Egg Harbor City, NJ 08215
Block 715 Lots 26 & 28
Conditional Use
D Variance

Upon motion made by Mr. Warker, seconded by Mr. Peterson
Roll Call: Mayor Jiampetti abstained, Mr. Dennis abstained, Mr. Milne yes, Mr. Colby yes, Mr. Dennis McKenna yes, Mr. Peterson yes, Mr. Warker yes, Mr. Mueller yes.

Resolution #2015-002A
Accent Fence
1431 Bremen Avenue
Egg Harbor City, NJ 08215
Block 1003, Lot 11
Written Request for elimination of 10 year bond for storm water basins.
Upon motion made by Mr. Colby, seconded by Mr. Peterson
Roll Call: Mayor Jiampetti abstained, Mr. Dennis abstained, Mr. Milne yes, Mr. Colby yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Warker yes and Mr. Mueller yes.

New Business: Euro Sports Center
The attorney for Euro Sports was not present at this time so Mr. Mueller moved to other new business.

B. Savage Cimino, LLC
105 Philadelphia Avenue
Egg Harbor City, NJ 08215
Block 206, Lot 29
Request for Waiver from Site Plan Review and Approval

Mr. Frank J. Raso, Esquire represented the Applicant for this application. Harry Harper, Architect and Planner and Paul and Lauren Erbacher were all sworn in by Mr. Schroeder.

Mr. Harper gave a brief description on the renovations that will take place to the interior of the building.
This building was the old fire house with the court room on the second floor. Mr. Harper described the proposed signing for the front of the building, the goose neck lighting and canopies that would be added, the trash enclosure and the bell tower that will be lit. The entire idea is to keep the building in its historical view from 1890. This will be the gateway into the community and will be a beautiful focal point.

Lisa Savage and Lisa Camino owners of the property arrived and were sworn in by Mr. Schroeder.
Mr. Harper discussed the parking for the restaurant. Parking will be available on the 100 Block of Philadelphia Avenue about 40 spaces, a public parking lot behind the library with about 25-30 spaces and a handicap space. The Attorney noted that on the Restaurants website they will direct customers where to find parking. The hours of operation were discussed being 5p.m. to 11p.m. during the week, likely Tuesday will be the day the restaurant is closed and on weekends Friday and Saturday 5p.m. till possibly 12:00a.m. or 1:00a.m.

Mr. Mueller asked about parking behind the building for the tenant who will live upstairs. Mr. Dennis expressed his concerns about this issue for the resident parking. The Applicant agreed to provide one parking spot in the back of the restaurant for the tenant of the apartment upstairs.

Mr. Michel gave his report dated April 16, 2015. The 2 story building was originally constructed as a firehouse (circa 1918) with a second floor multipurpose room, a kitchen and a bathroom which will now be converted into a restaurant.

Mr. Michel reviewed trash, signage, lighting, deliveries and outdoor storage. The application describes “al fresco” seating in front of the restaurant during summer months and the applicant is directed to Section 1270-107C which allows and regulates the activity.

Ryan McGowan did not have a formal report however he discussed parking and requested that the parking space in the back of the building should run perpendicular to 5th Terrace.

Mr. Mueller discussed lighting and requested that the Applicant submit the lighting plan to Ryan McGowan the City Engineer for his review. The Applicant agreed.

Mr. Schroeder announced the receipts of public notifications submitted by the Applicant were correct and complete.

The second floor of this site was discussed among Professionals and Board members.

Mr. Mueller asked if there were any public comments.
There were no public comments.
The Public portion of the meeting was closed.

Mr. Schroeder reviewed the motion for the application. The Applicant is asking for a site plan wavier For the Leatherhead restaurant. We are acknowledging this property will never meet the zoning requirements for parking. Testimony was given on delivery location. The applicant has agreed to one parking space in the rear of the building, concrete stucco trash enclosure painted to match the building which would be fire resistant; parking lighting will be part of the resolution.
Upon motion made by Mr. Peterson, seconded by Mr. Colby
Mayor Jiampetti yes, Mr. Dennis yes, Mr. Milne yes, Mr. Colby yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Warker yes, Mr. Mueller yes.
Mr. Mueller complimented the applicant for submitted such a complete application.

New Business: Euro Sports Center
The Attorney and Mr. Gaitanos were present for an informal discussion concerning the sidewalks in front of the Euro Sports Center located at 1524 Grant Street in the industrial park.
Mr. McGowan gave a brief review of the application that received approval about 10 years ago. Mr. McGowan noted the building department has been working on getting all files closed for the Industrial Park properties. Some of which were found to still have temporary certificates of occupancy. Many files were closed after minor issues were addressed and some were closed by updating data in the computer system. Mr. Schroeder sent a letter to Euro Sports concerning the sidewalk which is holding up the final Certificate of Occupancy for the property. Mr. McGowan suggested that Mr. Spiro Gaitanos come to the board and express his concerns on this matter.

Mr. McGowan noted Mr. Gaitanos will have to make a similar appeal to the Board as Accent Fence did last month. Mr. Gaitanos will have to refile his declaration of covenants and restrictions which is filed with the property deed. The applicant would maintain the storm water facilities in perpetuity. Mr. Gaitanos noted the pond does drain properly.
Mr. Gaitanos is requesting a waiver from completing the sidewalk.
Mr. Schroeder suggested the Professionals get a list together and speak with Mr. Gaitanos so we can discuss how this issue can be addressed. Mr. Gaitanos claimed he did not have to do the additional sidewalks until the second structure was built. The second structure was never built due to touch economic times. Mr. Gaitanos noted he has sidewalks to the front door of the competed air structure.

Mr. Mueller stated the list of improvements that need to be completed according to the resolution must be reviewed before anything can be decided on.

Mr. Schroeder advised Mr. Gaitanos to replenish the escrow account for Euro Sports and set up a meeting with the Professionals.

Mr. McGowan stated he will have Joe McMullen visit the site since he was the one who did the initial inspection and mark on their plan what has been completed and what has not. A copy can then be made for the applicant and we can start to sort out the details.

The Applicant will need to file for an Amendment to site plan approval.
Mr. Dennis noted there are more issues that need to be addressed other than the sidewalks.
Board Members and Professionals continued to discuss this issue of sidewalks.

Tim Michel discussed his memorandum dated April 16, 2015 regarding housing permit management.

Mr. Michel reviewed definitions that deal with residential occupancy.

Mr. Schroeder expressed his concerns on the definition of a family and occupancy.

Mr. Dennis expressed his concerns on the total number of occupants in a unit.

Mr. Michel suggested that floor plans be required for rental properties which will define how many tenants may occupy the property. Mr. Michel made several suggestions to improve the application for rental unit occupancy transfer inspections or for annual rental registration.

Tim Michel continued his report concerning Housing Permits.

Mr. Peterson asked how we adopt these changes for housing permits.

Mr. Peterson suggested that the Land Use Board make a recommendation to City Council that the research that Mr. Michel has done be considered for corporation in the City Ordinance.

Roll Call: Mayor Jiampetti yes, Mr. Dennis yes, Mr. Milne yes, Mr. Colby yes, Mr. Dennis yes, McKenna yes, Mr. Peterson yes, Mr. Warker yes, Mr. Michael McKenna yes, Mr. Mueller yes.

Mr. Michel continued his discussion concerning a property maintenance amendment to the city ordinance. This concerns nonresidential buildings which are vacant or undergoing renovations that the windows and doors of the subject building shall be treated with an enhanced decorative treatment consisting of locally influenced art. If the building is boarded up as required by City Code, the enhanced decorative treatment shall cover the boarded up material. This sets in motion a recommendation to add a new paragraph concerning this matter.

The Board took the action to recommend this change to City Council.
Upon motion made by Mr. Warker, seconded Mr. McKenna
Mayor Jiampetti yes, Mr. Dennis yes, Mr. Milne yes , Mr. Colby yes, Mr. Dennis McKenna yes, Mr. Peterson yes, Mr. Warker yes, Mr. Michael McKenna yes, and Mr. Mueller yes.

Council Report – Mayor Jiampetti and Mr. Dennis updated the Board on street improvements being made in the City. Mr. Dennis also discussed the Diesterweg project.

The senior’s building is having renovations done at this time. The senior’s will be transported to Galloway until the renovations are completed.
Clean up Day is May 2, 2015. Mayor Jiampetti hopes everyone can come out and take part in the City Clean Up. The trash can be put in bags that will be supplied and picked up by the ACUA.

Mr. Dennis and Ryan McGowan discussed the wells at the water treatment plant. The new plant has been up and running. The Old plant will be eventually demolished and the ground will be returned to wet lands per Pinelands.

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

Respectfully Submitted,
Donna Heffley
Land Use Board Secretary