September 6, 2018

September 6, 2018 minutes
 
The September 6, 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, Vice Chair Reilly, Secretary Reynolds, Mr. Dixon, Mr. Schneider, Mr. Davis and Mr. McGee
 
Absent: DePolo and Crasper
 
Also present:   Dennis Galvin, Board Attorney, Ray Savacool, Engineer and Karen L. Mills, Clerk
 
Court Reporter – Denise Sweet
 
 
 
Motion by Mr. Kelly, second by Mr. Schneider to memorialize the minutes of July 19, 2018
 
In favor:  Spader, Kelly, Dixon, Reilly, Dixon, Schneider, Davis and McGee
Opposed:  None
 
Motion by Secretary Reynolds, second by Mr. Kelly to memorialize the minutes of August 2, 2018
 
In favor:  Spader, Kelly, Reynolds, Dixon, Schneider and Davis
 
Opposed:  None
 
Motion by Secretary Reynolds, second by Mr. Davis to memorialize the action and vote approving application #2018-19 of Anthony Loschiavo – 219 Harvard Avenue with conditions
 
In favor:  Kelly, Reynolds, Reilly, Schneider, Davis and McGee
Opposed:  None
 
Motion by Mr. Kelly, second by Secretary Reynolds to memorialize the action and vote approving application #2018-20 of Darlene/Jack Frost 112 Forman Avenue with conditions
 
In favor:  Kelly, Reynolds, Reilly, Schneider, Davis and McGee
Opposed:  None
 
 
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 August 2, 2018
DG – Dennis Galvin
RS – Ray Savacool
JJ – John Jackson
JD – John Paul Doyle
TL – Tim Lurie
 
 
John Jackson, attorney for applicant stated that Dan Cohen is not attending due to the fact he was not feeling well, but his brother Barry Cohen is present. Revisions have been made to the site plan to address the Boards concerns about the truck deliveries. Tim Lurie from DW Smith will review the changes. Tim Lurie, still under oath, reviewed his design revisions. Tim Lurie stated that they created a new entrance to Channel Drive and reduced the width of the sidewalk by the packing facility to three (3) feet wide.  They have added additional bike racks (9); increased travel Lane to 29.75 width to assist with loading and unloading. Tim Lurie stated that bicycles are a very popular way for people to travel; you can see them at Way Point and Martell’s. Continued reviewing circulation plan. The auxiliary parking lots will be utilized as valet parking lots so the cars can be stacked – parking spaces will increase by 38 spaces. Tim Lurie believes that the valet parking will still have proper circulation. Tim Lurie stated that most facilities now provide valet parking. Parking has increased the total number of spaces by 55 spaces. Ray Savacool inquired what the stall size is – TL replied that they are 9 by 15; most cars today are smaller. Colorized site plan entered as exhibit A14. Deliveries for the hotel has been changed to Baltimore Avenue. Trucks will no longer enter the parking lot. Mr. Dixon questioned the deliveries on Baltimore and the noise- the applicant owns all the properties in that location. The dumpster area can now be entered by the garbage trucks without affecting the parking which resulted in the loss of three (3) parking stalls which will require a variance. There are 27 street parking spaces on Channel and Baltimore. Ray Savacool calculated a net gain of 8 spaces of on street parking – this will occur due to closing up driveways. Secretary Reynolds inquired if we would be losing aesthetics’ (Plants/trees) – no. Tim Lurie stated the landscaping would be maintained as previously testified to. Mr. Schneider inquired in the two off-site parking lots will be strictly valet. No – Just in summer months with the demand. Off season they will be open to the general public.
 
John Paul Doyle – stated he didn’t get a chance to get too deeply into the testimony. In respect to the site plan changes – inquired if Tim Lurie had answered all the comments in Mr. Savacool report. Tim Lurie replied that they did revise some and have not received another report. John Doyle inquired when there was an 11 sheet drawing. (CAFRA approved plans). John Doyle inquired how they were going about getting the use of Baltimore. Tim Lurie stated that the county would look at the plan once the application is approved. John Doyle stated then the loading zones at this point are not a given – it will be up to the county to decide. You cannot designate that as loading zone at this time. John Jackson commented that if this plan is approved and then the county does not agree that they would have to come back before the board. John Doyle inquired how many parking spaces are east of the packing plant and south. (TL replied 40 spaces) JD stated that they need 12 spaces for packing plant employees – what are the other spaces for (TL – restaurant guest). JD – Originally you had 304 parking spaces on the site and now you are down to 234 parking spaces. Despite the fact that you unloaded 70 spaces out of the project site you are still asking for the original variances. JD – Proposed height is 60 feet to the parapet. Chairman Struncius clarified that the first set of plans didn’t have the ancillary parking lots (audio 8:12pm). Greg Cox replied to John Doyle’s answer about where the additional space went is – original proposed packing plant foot print was 9100 sf – the revised packing plant is 29, 915 sf. – a difference of approximately 20,000 sf. Proposing to renovate packing plant instead of knocking it down because they need to have an operational plant. JD sited Chapter 19.4 and inquired which standard Tim Lurie applied. John Jackson objected and said that needed a legal conclusion and outside the scope of the engineer. Dennis Galvin said there will be a traffic expert and will need a variance either way. JD stated that if he is using the strict standard he would need 426 spaces; if he is using the lesser standard he will need 323 – that is quite a difference. Dennis Galvin stated that anything else should be left to the traffic expert – and let’s move on. TL explained that the property is in three different flood zones – and designed to the most restrictive zone. JD stated but you did not do that for the parking – DG said let’s move on. JD referenced ordinance 19.10:3.4 and inquired if Tim Lurie was familiar with that. (Yes)Ray Savacool replied that ordinance is the flood hazard ordinance and does not reference parking. Dennis Galvin stated that this is a use variance – the Board needs to decide and weigh the impact of parking. John Jackson commented that he does not agree to anything during cross examination – that will wait till the end. JD clarified impervious coverage – 77% – still requires a variance. JD questioned page 4 – #8 of the engineering report. JD inquired how they determined that a 109 room hotel would only need 12 employees. Chairman Struncius agreed that 12 employees needs to be clarified. DG – Said he is sure that the traffic expert will have a better answer. JD inquired since the addition of the 2 parking lots change this application will the CAFRA permit need to be amended. (TL – Yes) Sheet 6 #16 – storm water basin Laurelton basin site – TL – will test if necessary. JD – Questioned the capacity of the sanitary sewer pipes – TL has not been tested yet. Dennis Galvin said that analysis should be done prior to the next hearing. TL replied that should not be a problem. (Audio 8:36pm) Ray Savacool stated that there is no process waste water at this time. John Jackson stated that they do not want to abandon the ability to shuck clams in the future. DG stated that a permit would be needed. JJ – stated that if we do something that creates runoff we will get appropriate permits. JD inquired if the piping in front of the packing plant has been identified (No) – JD believes that the piping should be identified and abandoned.
Timothy Destories, sworn, stated that he is the general plant manager. He stated that there are 3 clam boats. Tim Destories explained that all deliveries coming in notify their arrival by e-mail. Boats are slow – about 9 knots. Typically you know 24 hours in advance that the boats are coming in to unload. The employees wait for the boats and trucks – One boat has 1 to 6 trucks; this time of year they are restricted to four trucks due to the weather. Big Bob has 8 trucks; and the Melissa K can have 13 trucks. The boats have circulated sea water. Boats tie up at dock; set cages on dock – either the clams go to the truck or go to the cooler. The only times the boats might come in at once is if there is a weather alert.  Typically only 7 to 10 trucks. 7 is the normal – 10 is a rarity. It takes 4 hours for a truck to return – 2 hours down to unload in Port Norris, NJ and 2 hours to return. There will not be 13 trucks waiting – there could be 4 trucks who load up and then return until they are done. John Doyle redirected – clarified the size of the packing plant and boat deliveries. JD inquired if trucks presently idle on Channel Drive – Tim Destories – all the time. Tim Destories stated that the busiest times are October to March (The cooler months); the Government sets all the times you can fish and limitations. He stated that October to December are the busiest months. JD inquired if he is familiar with Laurelton Welding’s operation. (No) Tim Destories understands that they will be more a mobile operation after Point Packing purchases their property. Mr. Dixon clarified that these boats are not piling in everyday 7 days a week. They go out for about 48 hours and the trucks depend on the amount in the coolers. Mr. McGee inquired if there will be increased boat traffic in the future. (No)Mr. Kelly inquired how many employees physically come to work every day – 10 employees in total – 3 of them work the night shift. Ice bins will be stored in the building. Fork lifts are utilized to move pallets and ice bins. Chairman Struncius is concerned about the safety of the dock and pedestrian traffic and what security measures will be in place – wants to see details – working area – safety barricades. John Jackson state that will be addressed at the next meeting.
 
Motion by Secretary Reynolds, second by Mr. Schneider to carry application 2018-05 of Point Packing to October 11, 2018 without notice.
 
In favor: Spader, Kelly, Reilly, Struncius, Reynolds, Dixon and Schneider
Opposed:  None
 
 
 
 
Meeting adjourned at 10:20pm
 
Attest:  Karen L. Mills, Clerk, LUA