August 2, 2018

August 2, 2018 minutes
 
The August 2, 2018 special meeting of the Point Pleasant Beach Board of Adjustment opened at 7:30 pm.  The clerk read the notice of compliance with the "Open Public Meetings Act.  Present were regular members: Mr. Spader, Mr. Kelly, Chairman Struncius, Mr. Reynolds, Mr. Dixon, Mr. Schneider and Mr. Davis
 
Absent: Reilly, DePolo, Crasper and McGee
 
Also present:   Dennis Galvin, Board Attorney, Ray Savacool, Engineer and Karen L. Mills, Clerk
 
Court Reporter – Denise Sweet
 
John Paul Doyle representing Sylvan Hotels, Inc (John Hurler) – Interested Party
 
AGENDA
Application #2018- 05 – Point Pleasant Packing, Inc i/c/o – Daniel Cohen – 205 Channel Drive – Blocks 172/173 : Lots 1,5, & 5.01/1, 2 & 2.01
 – Applicant wishes to reconstruct existing fishery and make 2 stories and erect a new 109 room hotel/restaurant and banquet facility supported by parking and associated site amenities.
 
Carried without notice from June 28, 2018

John Jackson, attorney for applicant stated they left off with Gregory Cox – believes that John Paul Doyle was getting ready to cross examine.
John Paul Doyle clarified that his client is not an objector but a concerned party. He also inquired if he could question Dan Cohen again – he knows that Mr. Jackson believes that it would be a second bite at the apple. Dennis Galvin believes that this is an important case and that if new information comes up that only Mr. Cohen can answer we will come to a decision at that time.  

John Doyle began his questioning of Gregory Cox. John Doyle questioned his history with the town and referenced his presentation of the older hotels. John Doyle questioned the lot lines. John Doyle believes there is more than one principal structure on one lot. Dennis Galvin stated that the Board realizes this. Ray Savacool stated there are several continual lots involved. Dennis Galvin questioned if he is willing to waive the matter on the notice issue. John Doyle said that is another issue. Dennis Galvin reviewed the notice and found it sufficient to move forward. John Doyle inquired if the Board thought the 4th floor should be eliminated how many rooms would be it be decreased by. (29 rooms)John Doyle inquired if it would meet the height requirement with the reduction of the 4th floor. Gregory Cox did not know the answer to that question. John Doyle inquired if he designed the building with in the ordinance how many rooms would there be. (GC did not know answer) Greg Cox stated that if built to code the views to the public would be lost. John Doyle questioned if with the upgrade to the clamming plant if more boats will be coming through. (GC stated that it is an operational question) How many employees will be at the clamming plant (approximately 10 employees) GC stated that the processing plant will be upgraded first. The three banquet rooms are separated by movable walls. John Doyle inquired who the operator of the banquet hall will be and Greg Cox replied that he does not know. John Doyle inquired if there is a need for a 390 seat banquet hall. Greg Cox replied why wouldn’t there be. Ray Savacool stated that the banquet hall would need a variance – the restaurant is a permitted use. John Doyle questioned that 728 seats encompass all the seating. (Yes – all seats and bar stools). John Doyle questioned how Greg Cox calculated banquet parking. Greg Cox stated that is a question for the site Engineer. Ray Savacool agreed with John Doyle – there is no special calculation for banquet hall. Ray Savacool believes the Tim Lurie was looking at the banquet Hall as more of a space for assembly that is calculated at 1 parking space per 6 people. John Doyle believes the site is deficient in parking. Ray Savacool believes this testimony should be saved for the traffic expert. John Doyle reviewed how many employees there will be with desk help, waitresses, maintenance, housekeeping and chefs. (No idea) Has this been added into parking calculations? (Question for engineer) Greg Cox said if there is a valet parking situation they can park more cars. Greg Cox submitted and reviewed material Board entered as exhibit A-13.

No other audience questions of Greg Cox

Tim Lurie, Professional Engineer/Professional Planner, sworn, credentials accepted, gave an overview of the site. Site presently consist of existing processing plant and docks – two one story buildings is disrepair from Sandy. East of Baltimore there is a one story masonry building- Lot 10 is a vacant piece of property. Presently there is sanitary sewer. Proposing some new loading docks and a one story addition. Will be closing off boat ramp which is much damaged. Tim Lurie has had discussions with John Ernst, County Engineer about allowing a promenade over Baltimore Avenue. John Ernst stated he is open to discussions further down the road into the project. Tim Lurie reviewed lighting and landscaping. 62 total parking spaces in the Laurelton Welding lot – 26 parking spots in lot 10. This lot has a 25 foot travel lane; infiltration basin at the corner of Channel Drive. Per ordinance there is a 5 foot wide landscaping buffer. Tim Lurie reviewed his parking calculations. (9:03 on audio) Tim Lurie stated that there are now 14 additional street parking spaces created on Channel Drive. Chairman Struncius inquired where the cook and other help are factored in the parking calculations. Tim Lurie stated it is included in the parking calculations. Each use is calculated different. The number for restaurant is calculated in seat calculation. Chairman Struncius reminded the board that John Doyle had a deficit difference of 30 parking spaces in calculations. John Doyle does not agree with interpretation of parking and believes they are way under what is required. Dennis Galvin inquired if the applicant is providing bicycle racks. (Yes) Dennis Galvin believes some of the help will be coming by bicycle. Tim Lurie stated there is plenty of spots to put bike racks and commented that it is very rare to have all these venues having functions at the same time. John Doyle objected to this testimony because it is so vague. Tim Lurie explained how the deliveries will be handled. Ray Savacool commented that it seems like the turn radius is counting on cars not being parked. Tim Lurie stated that there is some overlap. Chairman Struncius stated that if a tractor trailer pulls into the parking lot that the turn radius will wipe out parked cars – you cannot have a turning radius that goes through parked cars.  Mr. Davis asked that Tim Lurie walk him through a 53 foot truck accessing this parking lot.  Tim Lurie will revise the circulation plan. Chairman Struncius reminded Tim Lurie that they originally testified that deliveries would be handled from Baltimore Avenue. Tim Lurie also explained how the trucks would access the processing plant – The trucks will back into the bays. Dennis Galvin stated that delivery trucks can back up Baltimore Avenue for the hotel/restaurant use. Dennis Galvin inquired if any thought has gone into car charging – it is not a requirement but it is an innovation that other towns are implementing.

Audience questions

John Doyle questioned if there will be a charge to park in the lot. (No) 6.13 acres is total land that is used to calculate – John Doyle inquired if this included the land under water. Tim Lurie said that Point Pleasant Beach lets you include riparian rights in building coverage calculations. Ray Savacool clarified that is not accurate – that was just for owners on Lake Louise whose property line actually goes into the water and it is part of their lot.  It is never calculated because of riparian rights.  John Doyle believes the coverage needs to be recalculated. Ray Savacool referenced his letter which has the right calculations. John Doyle inquired whose responsibility it is to maintain the bulkhead that is in disrepair. (Applicant)John Doyle inquired if the lots would be consolidated. Dennis Galvin explained that the smartest thing to do is to consolidate the lots. (9:49audio)Chairman Struncius replied if that is what Dennis Galvin is recommending the Board will follow. Chairman Struncius said it is now one lot. John Doyle inquired if Tim Lurie knew how much fill needs to be brought into this site. (No) John Doyle inquired about the signs and inquired who did the landscaping plan. (An associate of Tim Lurie’s) What will the planting height be? Range from 10- to 12 feet, 13 -15 feet in height and some are 5 – 6 feet in height at planting. Trees are mixed in through site. Larger trees will be located on Channel Drive. Chairman Struncius directed the applicant’s attorney to play the video of the site to see where the trees are represented to be planted. (10:04 audio)John Doyle stated that his clients concern is private and public parking on Channel Drive. Overall concern is that a high end establishment has valet parking – It would be important that they do not eat up public parking – they should utilize only their parking lots and park on site. Chairman Struncius requested that he wait for the traffic expert to ask these questions. John Jackson believes that John Doyle is making a legal argument instead of asking questions.

Mr. Jackson waives the time that the Board has to act. 

Motion by Secretary Reynolds, second by Mr. Schneider to carry application #2018-05 of Point Pleasant Packing Inc. to September 6, 2018 at 7PM without notice.

In favor: Spader, Kelly, Reynolds, Dixon, Schneider, Davis and Struncius

Opposed:  None

Meeting adjourned at 10:20pm
 
Attest:  Karen L. Mills, Clerk, LUA