December 15, 2021

December 15, 2021 PB Regular Meeting minutes

 

 

The December 15, 2021 meeting of the Point Pleasant Beach Planning Board opened at 7:00 pm.  The Clerk read the notice of compliance with the “Open Public Meetings Act.  Present were Board members: Chairman Ritchings, Mayor Kanitra, Vice chair Paesano, Mr. Calderone, Mr. Cavagnaro, Vice-Chair Bixby, Mr. Woolley, Mr. Gant and Secretary/clerk Mills

Absent: Councilman Migut

 Also, in attendance – Ben Montenegro, acting Board attorney

Motion by Mr. Cavagnaro, second by Mr. Calderone to memorialize the minutes of October 20, 2021

In favor:  Ritchings, Paesano, Calderone, Cavagnaro, Gant and Mills

Opposed:  None

 

 

Review Ordinance   2021-34

AN ORDINANCE PROVIDING FOR A NEW CHAPTER TO BE ENTITLED “AFFORDABLE HOUSING” TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT AND THE UNIFORM HOUSING AFFORDIABILITY CONTROLS (UHAC) REGARDING COMPLIANCE WITH THE BOROUGH’S AFFORDABLE HOUSING OBLIGATIONS

Motion by Mr. Calderone to recommend and support Ordinance 2021-34, second by Mr. Cavagnaro

In favor: Woolley, Bixby, Kanitra, Ritchings, Paesano, Cavagnaro, Calderone, Gant and Mills

Opposed:  None

 

#2021-415 – Hawthorne Shores Brewery – 334 Hawthorne Avenue – Block 109; Lot 1 – Applicant proposes to utilize property as a brewery and tasting room which is a permitted use in the zone. Applicant seeks design waiver for paring lot occupying more than 35%. Applicant seeks a variance for number of parking spaces – 88.75 spaces required; 22 spaces provided.

John Jackson, attorney for applicant reviewed application. Applicant is requesting a parking variance for use. Expecting to have a lot of pedestrian users also. Applicant will be relocating the building to give adequate site triangles.  Breweries have regulations in place so they do not become a bar. Breweries are not allowed to serve food.

Exhibits entered

A1 – Application

A2 – Preliminary and Final Major Site Plans (5 sheets), by Matthew R. Martin, P.E., of Scope Engineering, Inc., dated 10/7/21; Architectural Drawing (3 sheets) by Paul David Rugarber, R.A., of PDR Designs, LLC, dated 10/6/21.

A3 – Power point packet of documents

A4 – Photo – Northbound view of Existing site

A5 – Photo – Southbound view of Existing site

O1 – Photo of Adjoining Lot 4

A-6 Boundary and Topographic Survey, DW Smith Associates, dated 1/11/21

A-7 Organizational Flow Chart for Hawthorne Shores, LLC

 

Don Slaght, applicant sworn, explained ownership flow chart.  Darryl Monticello and himself under Hollston Investments, LLC, John Monticello and Enright Investments LLC. Hawthorne LLC owns the property. They will be hiring a Master Brewer in about a year. Expects to have 6 to 12 employees. Employees will park in the NJ transit lot east of the rail road tracks. Mayor Kanitra mentioned that the town is in discussions to be allowed to use the west NJ transit parking lot for downtown parking. Don Slaght believes the seasonal months they will be open to 11 or mid-night.

Poured concrete floors and radiant heat floors. East side of the building will be outdoor space for patrons.  Barn being a historical structure will be preserved. West side will be production area.  Materials will be delivered in north-west entrance. Second floor is intended predominantly for private parties.   Patrons will be able to access second floor directly; doors will open so you can view bottom floor. Breweries cannot serve food but they can order food out.

            John Jackson commented that they hope it will compliment local restaurants.

Chairman Ritchings questioned deliveries and times. 

John Mele, Board Engineer, questioned type of delivery trucks – no larger than a UPS Van

No Audience questions

Paul Rugarber, Professional architect, sworn, credentials accepted, gave overview of plans.

Paul Rugarber stated the intent of the design is to save existing historic elements from the existing structure on site, specifically, the clock tower and post-beam barn ceiling in the tap room.

He stated that there will be no chimes or noise from the clock tower, which is proposed to be illuminated. The building together with clock tower complies with the Borough ordinance for height. The first-floor plan provides the layout for the bar and seating areas for patrons together with back of house brewery operation and storage.   The second-floor plan provides the layout for a smaller bar and seating area for patrons (primarily private party events) with back of house brewery operation and storage; together with an open-air outdoor deck (no additional seating).

The outdoor recreation area on the plan is intended for additional outdoor seating for patrons, with firepit areas and recreation space for leisure games such as cornhole.

The proposed hours of operation for the outdoor recreation area are limited to the same hours for the indoor operation.

Applicant agreed as a condition to provide a concept plan, subject to the review and approval of the Board engineer, for the seating plan-recreation space for the outdoor area.

Applicant agreed as a condition that the outdoor recreation space will be pervious material (but Applicant is not limited to grass).

Applicant agreed as a condition that the outdoor deck shall only be accessed from the second-floor seating area and there shall be no proposed patron seating on same.  The use of the deck would be an additional leisure space for the patrons utilizing the second-floor seating.

 

 Andrew Stockton, P.E., P.L.S., P.P., sworn, credentials accepted, stated that he is a licensed Engineer, Planner and Land Surveyor in the State of NJ and has reviewed the site plan submitted on behalf of the application. The subject property is the former Point Bay Oil site and the structures remaining on the site are currently vacant and in poor condition. The property adjoins the NJ Transit railroad track to the immediate east and the NJ Transit public parking lot to the south.

To the immediate north are similarly zoned developed commercial properties.

The existing site provides for approximately 97% impervious coverage, whereas the proposed site provides for approximately 61% impervious coverage which is a benefit to recharge on site and reduced stormwater runoff.

Applicant agreed as a condition that the existing concrete wall on the east side of the site would remain and be repaired as needed. He stated that the proposed application meets the criteria for variances requested under the C(2) balancing test and that the application advances purposes of zoning set forth in NJSA 40:55D-2 (a)(c)(i) by developing the property with a permitted use with an aesthetically appealing building design that is appropriately sized for the site, thereby providing for adequate light, air and open space.

As to the parking variance he states there is public parking both to the immediate south and east of the subject property. He commented that all deliveries are to be made via the private parking lot, during times when the business is not open to the public; therefore, there will be no negative impact to the public good.

The applicant agreed as a condition to provide a landscape plan, subject to the review and approval of the Board engineer, depicting the size, type and location of lower-level plantings on the Route 35 side of the site and the property line plantings along the northern property line abutting the adjacent commercial property. Applicant agreed as a condition to provide curb and sidewalk for the entire length of the property along Route 35 and McLean Avenue.

Applicant agreed as a condition to shift the building on the site 5 feet to the south so as to increase the landscape bed on the northern property line to a minimum of 5 feet while providing curbing in the parking lot adjoining the sidewalk/north side of the building or wheel stops if curbing is not feasible.

Applicant agreed as a condition to do a deed of consolidation for the site, subject to the review of the Board Attorney and Board Engineer. The signage proposed for the site shall conform to plans submitted.  No additional or larger signage may be utilized without a return to the Board for amended approval.

The pole lights proposed for the parking lot lighting are less than 25’ tall and will provide adequate shielding for the residential properties to the west, across Route 35. Applicant volunteered as a condition to meet with the Borough arts committee to present the proposed mural on the inside of the concrete wall at the rear of the site. Applicant volunteered as a condition to provide for curbing along McLean Avenue at the front walkway and to narrow the front walkway to 8’ in width.  Both modifications are designed to prevent any vehicle from accessing the walkway from McLean Avenue in error. The lighting of the proposed signage on the building will be either gooseneck lighting or approved down lighting.

Applicant agreed as a condition to provide an access easement, the deed subject to the review and approval of the Board Attorney and Board Engineer, to the Borough of Point Pleasant Beach for pedestrian access to the sidewalk in the area encroaching the subject property in the southwest corner.

Applicant agreed as a condition to install a pedestrian cross walk from the southwest corner of the site across McLean Avenue.

All landscape areas shall be irrigated by a sprinkler system connected to public water.

Applicant agreed as a condition to provide a copy, subject to the review and approval of the Board Engineer, of any documentation issued by the NJDEP confirming no environmental constraints on the property preclude the development proposed.

  1. Applicant agreed that no deliveries or trash hauling shall occur on site earlier than 8am, nor later than 8pm.
  2. The dumpster surround shall be 6 feet in height, in fencing that matches/coordinates with the black metal utilized on the principal building. The dumpster shall provide for a double swing gate facing the parking lot and a single door access from the interior.
  3. The Applicant shall utilize thermoplastic for the stop bar and parking stall markings in the parking lot.
  4. Applicant agreed as a condition to provide a turning template document, subject to the review and approval of the Board Engineer, to demonstrate that all proposed delivery vehicles,

Audience questions/comments

Edward F. Liston, Esq., attorney for Point Pleasant Distributors, Inc. (Owner of Commercial Property to the North of the subject property) placed an objection to the Application on the record.   He noted that the objector does not object to the proposed permitted use of the site as a brewery; however, asserted his legal position that the subject property is burdened by an implied access easement for the benefit of his client that precludes the development plan proposed.  Both Mr. Liston and Mr. Jackson concurred that the Board did not have jurisdiction to litigate that asserted easement claim.

 

Jeff Hill, owner of a commercial business to the immediate north of the subject property on Route 35, objected to the application due to concerns regarding the impact of overflow parking onto his site.  He also objected to the height of the property line plantings, which Applicant agreed to address in its landscape plan to be submitted to the Board Engineer.

 

 Doug White, owner of All Points Marine, property two lots north of the subject property, objected to the application due to concerns regarding the impact of overflow parking onto his site.

John Jackson gave a summation

Conditions

 

  1. Employees shall utilize public parking in the NJ Transit lot on the east side of the railroad track so that the parking lot on the subject site will be fully available to patrons.

 

  1. Applicant shall provide a concept plan, subject to the review and approval of the Board Engineer, for the seating plan-recreation space for the outdoor area.

 

  1. The outdoor recreation space must be fully pervious material (but Applicant is not limited to grass).

 

  1. The outdoor deck shall be only accessed from the second-floor seating area and there shall be no patron seating on said deck.

 

  1. The existing concrete wall (east and south side) shall remain and be repaired as needed.

 

  1. Applicant shall provide a landscape plan, subject to the review and approval of the Board Engineer for the size, type and location of all proposed plantings.

 

  1. Applicant shall provide curb and sidewalk for the entire length of the subject property along Route 35 and McLean Avenue (repair and replace as necessary).

 

  1. Applicant shall shift the building (and provide revised site plan) 5’ to the south so as to increase the landscape bed on the northern property line to a minimum of 5’ and provide curbing in the parking lot adjoining the sidewalk adjacent to the north side of the building or wheel stops if curbing is not feasible. This will create a setback of +/- 20’ to the McLean Avenue property line.

 

  1. Applicant shall consolidate the lots by deed of consolidation, subject to the review and approval of the Board Attorney and Board Engineer.

 

  1. Applicant shall meet with the Borough’s Arts Committee to present/review the proposed mural to be painted on the interior of the concrete wall.

 

  1. Applicant shall provide for curbing along McLean Avenue at the front walkway (eliminating the currently depressed curb) and to narrow the front walkway to 8’ in width.

 

  1. Applicant shall provide an access easement, the deed subject to the review and approval of the Board Attorney and Board Engineer, for pedestrian access to the sidewalk encroaching on the subject property in its southwest corner.

 

  1. Applicant shall install a pedestrian cross-walk from the southwest corner of the site across McLean Avenue.

 

  1. Applicant shall provide a copy, subject to the review and approval of the Board Engineer, of documentation issued by the NJDEP confirming no environmental constraints prohibiting the development proposed.

 

  1. Applicant shall provide a turning template, subject to the review and approval of the Board Engineer, to demonstrate safe and adequate access/circulation for all delivery, trash hauling, and emergency vehicles.

 

 

Deliberations

 

Mayor Kanitra – Council wants to clean up the 35 corridors; doesn’t leave the best impression. The changing of the ordinance was to attract quality establishments. The historical aspects of things are very important to me.  The fact that they are lacking parking I view as a positive; they are either going to park in the NJ transit lot or park downtown and the fact that they cannot sell food will help the downtown – this checks all the boxes.

Mr. Cavagnaro – I think this is a beautiful building and I think this is a great location for it.  I am more concerned with the people outside drinking and playing games up until late at night. Sooner or later, I believe that might be a problem.

 

Mr. Calderone – I believe that this fits in with the vision of the Master Plan. We want some good businesses in town and this is beautiful architecture.

 

Mr. Gant – I have asked questions and you have answered; the building looks great. My only recommendation would be to shift that garbage dumpster to the other side to avoid the smell of garbage outside when the patrons are playing games.

 

Ms. Mills – I also believe that it is a welcome addition to town. The applicant has already proven himself in town with the other projects and community support. I believe a lot of people will take the train from Asbury – You have the Biergarten in Asbury; Brewery in Belmar and I think it will be wonderful. Parking is what parking is.

 

Mr. Bixby – Stated everything he would say has already been stated.

 

Mr. Wooley – same here and I like the idea that the original building (the barn) will be repurposed. It is the last standing horse barn.

 

Chairman Ritchings – I came here with some reservations of parking; but I kind of think the way the Mayor does – I would like to see some more pedestrian driven businesses. Parking is what parking is as Ms. Mills said – it is a common condition around town. It will be a popular location and people will find their way there – bikes, train or walking.

 

Motion by Mr. Gant, second by vice chair Bixby to approve application #2021-415 – Hawthorne Shores Brewery – 334 Hawthorne Avenue – Block 109; Lot 1 – with conditions

 

In favor:  Woolley, Bixby, Kanitra, Cavagnaro, Calderone, Gant, Mills and Ritchings

Opposed:  None

 

 

Karen L. Mills, LUA, Class II Member

Clerk/Secretary of the Board