PLANNING BOARD BOROUGH OF ATLANTIC HIGHLANDS AUGUST 9, 2007

Transcription

1 PLANNING BOARD BOROUGH OF ATLANTIC HIGHLANDS AUGUST 9, 2007 WORKSHOP MEETING: 7:33P.M. Call to Order Members Present Mayor Donoghue, Councilman Fligor, Chairman Chiles, Mrs. Rast, Mrs. Howe, Mr. Lollos, Mr. Marcolous, Mr. Greco, Mr. Kelley, Mr. Neff, Mr. Keough Members Absent Mrs. Caffrey (exc), Mr. Ackerson (exc) Michael B. Steib was present as Board Attorney. David Marks was present as Board Engineer. Chairman Chiles said the meeting is in compliance with the Open Public Meetings Act. He called for a moment of silent prayer followed by the Pledge of Allegiance. Pending Litigation Mr. Steib told the Board that there is no Pending Litigation at this time. Other Business Mrs. Rast asked if it was the Boards responsibility to make suggestions to the Governing Body as to which business types should be allowed on First Avenue in the Historic Business District. Mr. Steib said specifics need to be in the context of the Master Plan. Chairman Chiles suggested that this be brought up later, during the discussion of the Master Plan. Mr. Greco said that he felt there is a need to strengthen up some of the Borough Ordinances. He suggested that certain items become requirement of the building department. These items are As-Built surveys, Foundation Location surveys, elevations being of a certain height above the soil level and foundation timing in the steep slope areas. Chairman Chiles asked for a sub-committee to report back to the Board with specifics of what is needed. Mr. Grecco, Mr. Fligor and Mrs. Rast volunteered to be on this sub-committee. Discussion continued. Mr. Marcolus said that he was at the last Monmouth County Planning Board meeting, regarding the proposed ordinance change in Highlands. He gave a brief overview of the meeting and said that the County will not do anything until formal plans have been submitted. Mr. Steib then outlined what the Planning Board and the Council have done in regard to this matter. Mr. Steib said that the Board had directed him previously to put a letter together outlining the Boards concerns, which was sent to both our Governing Body and Highlands. Mrs. Caffrey and Chairman Chiles had gone to the last Highlands Council meeting and although the hearing was postponed Mr. Steib believes that the Board has gone on record and communicated with Highlands that they have concerns about this proposed change. Mayor Donoghue said that the Council has passed a Resolution stating their opposition to what is being proposed. Mr. Lollos suggested that all members of the Board attend the next Highlands meeting. Mr. Steib advised that they could certainly go as citizens but not as a Board. 1

2 MR. KELLEY MOVED TO ADJOURN THE WORKSHOP MEETING, SECONDED BY COUNCILMAN FLIGOR. BY VOICE VOTE ALL AGREED. There being no further business to come before the Board, the Workshop Meeting Adjourned at 8:08 P.M. Michelle Clark Planning Board Secretary PLANNING BOARD BOROUGH OF ATLANTIC HIGHLANDS AUGUST 9, 2007 REGULAR MEETING: 8:08 P.M. Call to Order: Members Present Mayor Donoghue, Councilman Fligor, Chairman Chiles, Mrs. Rast, Mr. Howe, Mr. Lollos, Mr. Marcolous, Mr. Greco, Mr. Kelley, Mr. Neff, Mr. Keough Members Absent Mrs. Caffrey (exc), Mr. Ackerson (exc) Michael B. Steib was present as Board Attorney. Dave Marks was present as Board Engineer. Chairman Chiles said that we would begin with the review of the Master Plan. Ms. Kendra Lelie was present for Scangarello and Associates. Ms. Lelie stated that all corrections noted at the last meeting have been made. Ms. Lelie said that Mr. Boyd had brought up some additional typos and the changes will be made, there are no substantial changes. Mr. Chiles mentioned that there should be a statement to suggest or encourage LEED standards for construction. There were no Public Comments. Mrs. Rast asked about the Hesse property being listed as vacant land. Discussion followed. It was decided that the wording should become primarily undeveloped. COUNCILMAN FLIGOR MOVED TO CLOSE THE PUBLIC SECTION, SECONDED BY MR. KELLEY. BY VOICE VOTE ALL AGREED. Chairman Chiles asked for any additional comments from the Board. Mr. Kelley suggested incorporating stronger building codes, as well as Historic and Green Guidelines. Mr. Steib told the Board that the Uniform Construction Code selects the codes that are used statewide and govern construction and that as a municipality we don t have the authority to step on their toes. Discussion followed. 2

3 MR. GRECO MOVED TO APPROVE THE MASTER PLAN, AS AMENDED, SECONDED BY MR. KELLEY. Ayes: Mayor Donoghue, Councilman Fligor, Chairman Chiles, Mrs. Rast, Mr. Howe, Mr. Lollos, Mr. Marcolus, Mr. Greco, Mr. Kelley Nays: None Abstain: None Absent: Mrs. Caffrey, Mr. Ackerson Resolution for extension of time for minor sub-division, Block 80, Lot and (Weiland) Applicant was not in attendance this evening, Mr. Steib suggested that this matter be carried to the next meeting. PB06-09, Block 2, Lot 39, Bayside Drive(MacDavit, LLC) Application for Variances. Mr. Steib noted that this is a continuation of hearing. Mr. Steib said that he was in receipt of two exhibits, which have been submitted since the last meeting. Exhibit A-35, Drywell Plan, Prepared by Brian Luoma, dated July 23, Exhibit A-36, Dry Well Design, prepared by Bryan Luoma, dated July 23, Mr. Thomas Warren was present, as attorney for the applicant. Mr. Richard Stockton, 17 Avenue D was sworn in. Mr. Stockton spoke of a meeting, August 2, 2007 with Paul Boyd, Adam Hubeny and Mr. Warren. Mr. Stockton said they discussed Mr. Boyd s concerns and long range plans for the Bayshore Trail. Mr. Stockton said they were able to get a long-range drainage plan for the end of pavement approximately 300 feet up Hillside Road, from the subject property. Mr. Stockton explained what this plan entailed. Mr. Steib marked Exhibit A- 37, Composite Map of Atlantic Highlands Tax Map, Block 2, in the area of the property in question and further up. Mr. Stockton explained to the Board what this exhibit showed. Mr. Stockton told the Board that the second part of discussion of his August 2 nd meeting, centered on the restoration of Hillside Road, so that it could be utilized as a foot path, which would require the construction of a second retaining wall uphill of the proposed retaining wall. Mr. Stockton said that at this point, they were not sure if the wall would be constructed on the Borough property or the applicant s property. If this second wall was constructed it would create an additional 300 square feet of disturbance, which would then require an addition variance. Mr. Stockton said that the applicant has indicated a willingness to construct this wall at his own expense. Mayor Donoghue asked if by building the wall all the water would be channeled to the road. Mr. Stockton answered that with the construction of the second wall the water will bypass the applicant s property. Mr. Stockton said the wall would be about 30 feet. Mr. Marks asked how tall the wall would be at its tallest point. Mr. Stockton answered six to eight feet. Mr. Stockton said that he felt this was an engineering issue, which could be worked out between his office, T&M and Mr. Sommon s office as a condition of approval. Discussion followed. Mr. Paul Boyd was sworn in. Mr. Steib marked exhibit A-38, E- mail from Adam Hubeny to Michelle Clark, dated August 9, Mr. Boyd said that there are issues of liability being addressed by this plan and it is a win/win situation. Councilman Fligor said that there is still a borough liability. Mr. Boyd responded that the Borough liability is greatly reduced. Discussion followed. Mr. Neff asked if a Hold Harmless agreement could be a condition of approval. Mr. Steib said yes, but did not know if it could be enforced. Chairman Chiles asked what would be the result if the 3

4 Hillside to Bayside drainage were not in place prior to construction. Mr. Stockton said that what exists today will be the same then, if nothing is done. Mr. Warren suggested that hay bales or some kind of fill be put in to channel water down to Bayside. Mr. Warren stated that they are trying to accommodate the Borough and the Board. They are willing to secure a wall as part of the application but feel something needs to be done with the pipe so that the water channels down further then the property. Mr. Stockton said that the benefit of the second wall would be to stop water flow on the applicant s property. Mr. Kelley asked if the existing flow would find a new outlet. Mr. Stockton said it will require regarding. Councilman Fligor asked for the height of the second wall. Mr. Stockton said that would depend on where it is placed. Mr. Brian Luoma, 166 Patterson Avenue, Shrewsbury was sworn in and listed his qualification for the board. The board accepted these qualifications. Mr. Luoma said he was asked to design a dry well for the site. Mr. Luoma spoke of soil logs taken July 14, 2007, taken at a depth of 10 feet, finding general sandy soils, with a rating of K3. Mr. Luoma spoke of where the dry well would be, the design of the dry well and described the operation of the dry well. Mr. Luoma said that this design would accommodate the water from this dwelling without any adverse impact on adjoining properties. Mrs. Rast questioned the run off volume. Mr. Luoma explained how the he arrived at his calculations. Councilman Fligor questioned Mr. Luoma s calculations and said that the concrete driveway must be taken into account, being it is an impervious surface. Mr. Luoma said that the driveway should be made from a pervious surface. Mr. Marks asked if it would be better suited for the seepage pit to be sized for an average storm, rather then a hundred year storm. Mr. Marks said T&M could work with Mr. Luoma to finalize a new design. Chairman Chiles asked if there were any further questions of Mr. Luoma. There were no questions from the Board. There were no questions from the public. Mr. Warren told the board that he is seeking two minor variances. There will be no negative impact on any adjoining property owners. Mr. Warren said that they have worked with the Board to comply with everything the Board has wanted. They have downscaled the house to two-thirds of what they originally wanted, they have cut out half of the basement. They will change the driveway to a pervious surface. He continued, saying that they will work with the engineer regarding the seepage pit and the applicant will finance the second wall. Mr. Warren said he feels that they have addressed all issues and feels they are justified to get the variances they are seeking. Chairman Chiles asked for comments from the Board, there were none. Chairman Chiles said that he feels there are a few issues that will need ongoing consulting with the Borough, such as the easement and placement of the second wall. Mr. Warren said he would like to have a resolution tonight, but if there are doubts in the Board Members minds and they feel they need to speak with the Engineers or Town Administrator, he would have no problem putting this off for a month. Chairman Chiles said that he feels that he is raising issues that can be resolved after approval. Discussion followed among the Board. Mr. Steib gave the Board some direction, suggesting that they give the applicant some idea of where the Board stands as to the variances, and to ask themselves if what the applicant is going to build is going to create a more adverse condition outside the property. Mrs. Rast suggested considering the variances and leaving the details of the other issues to the engineers. Chairman Chiles asked for a vote on who would be comfortable granting variances and delegating to engineer for the other issues. Members in favor of this were Mr. Marcolus, Mr. Kelley, 4

5 Mr. Lollos, Mr. Keough, Mr. Neff, Mr. Greco and Mrs. Rast. Chairman Chiles listed the items he felt needed to be conditions of the approval. MRS. RAST MOVED TO APPROVE VARIANCES WITH CONDITIONS SET FORTH BY BOARD ATTORNEY, SECONDED BY MR. KELLEY Ayes: Chairman Chiles, Mrs. Rast, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Kelley Nays: Mayor Donoghue, Councilman Fligor Abstain: None Absent: Mrs. Caffrey, Mr. Ackerson MAYOR DONOGHUE MOVED TO APPROVE MINUTES FROM JUNE 14, 2007 REGULAR MEETING, JUNE 28, 2007 SPECIAL MEETING AND JULY 12, 2007 REGULAR MEETING, SECONDED BY MR. KELLEY. BY VOICE VOTE ALL AGREED, WITH THE EXCEPTION OF COUNCILMAN FLIGOR ABSTAINING TO THE JUNE 28, 2007 SPECIAL MEETING AND CHAIRMAN CHILES AND MRS. RAST ABSTAINING FROM THE JULY 12, 2007 REGULAR MEETING. MAYOR DONOGHUE MOVED TO APPROVE ATTORNEY S VOUCHER FOR JUNE 2007 IN THE AMOUNT OF $3,055.00, SECONDED BY MR. LOLLOS Ayes: Mayor Donoghue, Councilman Fligor, Chairman Chiles, Mrs. Rast, Mr. Howe, Mr. Lollos, Mr. Marcolus, Mr. Grecco, Mr. Kelley Nays: None Abstain: None Absent: Mrs. Caffrey, Mr. Ackerson Chairman Chiles announced that the next application will be PB06-02, Block 117, Lot 8, 35 First Avenue (SFC Enterprises) Mayor Donoghue, Councilman Fligor, Chairman Chiles, Mrs. Rast and Mr. Greco recused themselves at this time. The Board took a short recess. Mr. Howe took over as Chairman in Chairman Chiles absence. Mr. McGann was present for the applicant. Mr. McGann noted that the applicant has submitted revised plans and he has re-noticed for this hearing. Mr. Steib stated that he has reviewed service, and asked if there were any objections to this notice. Mr. Leckstein objected to the notice not listing a D1 variance. Mr. Steib said the notice was adequate and the board has jurisdiction. Mr. Steib said there were four exhibits, which were received since the last meeting. These exhibits were marked, as follows: Exhibit A-47 Preliminary and Final Major Site Plan, prepared by InSite Engineering, dated December 27, 2005 now revised through July 23, Exhibit A-48, Amended Application of SFC Enterprises, dated July 26, 2007 with attachments. Exhibit A-49, Architectural Elevations and Floor Plans prepared by Robert W. Adler & Associates, P.A. dated July 7, 2005 revised through July 26, Exhibit A-50, Historic Architectural Evaluation by Cultural Resource Consulting Group, dated August 6, Exhibit A-51, Stormwater Management Report, prepared by InSite Engineering, LLC, dated December 27, 2005 revised July 26,

6 Exhibit A-52, Structural Report of building known as The Skipper Shop, prepared by Scott W. McConnell or Schoor Depalma Engineers, dated August 6, Mr. Leckstein asked why the Borough Historian is not present this evening and suggested that it would be appropriate for her to be present when the applicant s Historian testifies. Mr. Steib told Mr. Leckstein that the applicant has always provided transcripts and therefore if Ms. Westfield is not available to attend the meeting she will be provided with a transcript. Mr. McGann spoke of the modifications of the plans. He said they tried to incorporate many of the Boards suggestions, they are now proposing a three story building, height has been lowered substantially, retail space has been added to Bay Avenue. Mr. McGann asked to have Mr. Kevin Dietrich, Architectural Historian, brought up as the first witness. Mr. Steib suggested that because of the substantial changes in the plans and the time limit this evening, perhaps the Board would be most interested in hearing about those changes at this time. Mr. McGann called Mr. Rob Adler. Mr. Steib swore in Mr. Robert Adler, Architect, 1049 Broadway, West Long Branch. Mr. Steib marked exhibit A-53, Board Mounted Color Elevations of First Avenue, West Avenue and Bay Avenue. Exhibit A- 54, First Floor Plan and Garage Plan, Sheet 2 of 5, New Design. Mr. Adler began, by telling the Board of the changes to the plans. The top floor of the previous design has been removed, decreasing the living units from 22 to 16. They have taken the portion of the parking garage fronting on Bay Avenue and converted that to retail office space. No changes to the façade on First Avenue. Total building height is 30 9 on First Avenue and 34 6 in the rear of the building, with an average height of This change in height reduces the variance needed from a D to a C. Mr. Adler said that there would be sixteen apartments with 10 two-bedroom units and 6 one-bedroom units, ranging is sizes. 7,977 square feet of commercial space is being provided. Mr. Adler then spoke of the materials and design of the building, saying that he tried to relate to the buildings on both sides. Entrance to the parking garage will be on West Avenue, with 20 spaces being provided. There is a trash enclosure with a roof and ventilation. Mr. Adler then described exhibit A-54, which is the Floor Plan. Mr. McGann gave copies to the Board of Exhibit A-55, Detail of Building Setback, prepared by InSite Engineering, dated April 12, Mr. Adler said that they have an approximate 40-foot setback from the Blue Bay Inn. Mr. Adler spoke of the Landmark Ordinance, the scale of the building, building design and Lighting Fixtures. Chairman Howe asked for questions from the Board, there were none. Mr. Steib announced that this hearing would be carried to the September 13, 2007 meeting, 7:30 p.m. in the same room, NO FURTHER NOTICE WILL BE GIVEN. Mrs. Westfield should be contacted and requested to attend the next meeting. MR. KELLEY MOVED TO ADJOURN THE REGULAR MEETING, SECONDED BY MR. MARCOLUS. BY VOICE VOTE ALL AGREED. There being no further business to come before the Board, the Regular Meeting adjourned at 10:48 P.M. Michelle Clark Planning Board Secretary 6

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