City of egg harbor

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January 18, 2011

A regular meeting of the Egg Harbor City Planning Board was held January 18, 2011, at 7:15 with Chairman Gary Mueller presiding. Members in attendance were Mayor Kuehner, Council Member Edward Dennis, Regular member Miriam Mueller, Dennis McKenna, Alternate #2 Jack Peterson, Solicitor Jack Matthews, City Planner Tim Michel and Engineer Anthony Cavallo. (Not present were Dick Colby, Chester Breder, and Alternate #1 John Camillo).
Roll Call: Mayor Kuehner yes, Mr. Dennis yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Mueller yes, Mr. Matthews yes, Mr. Michel yes, Mr. Cavallo yes and Secretary Donna Heffley yes.
The Chairman called the meeting to order and made the following announcement:
This meeting was advertised pursuant to the NJ Open Public Meetings Act, N.J.S.A. 10: 4-6 seq. Notices were sent to official publications for the Planning Board; The Press of Atlantic City, the Egg Harbor News and the Atlantic Current. A copy of the notice was posted on the bulletin board of the Egg Harbor City Municipal Building.
The Chairman directed the Secretary to enter this public announcement into the minutes.

  1. Oath of Members

Mr. Mueller, Mr. Dennis and Mr. Peterson were sworn in by Mayor Kuehner.

Chairman – Gerhard (Gary) Mueller – 4 year term

Council Member – Edward Dennis – 1 year term

Alternate #2 – Jack Peterson – l year term

  1. Appointment of Board Officers

The following appointments for the positions of Chairman, Vice Chairman and Secretary were made for the calendar year 2011:
Upon motion made by Mr. Peterson, seconded by Mayor Kuehner and carried Mr. Mueller was appointed Chairman of the Planning Board.
Upon motion made by Ms. M. Mueller, seconded by Mayor Kuehner and carried Mr. Colby was appointed Vice Chairman of the Planning Board.
Upon motion made by Mayor Kuehner, seconded by Mr. Mueller and carried Donna Heffley was appointed Secretary of the Planning Board.

  1. 2011 Meeting Dates:

Upon motion by Mayor Kuehner, seconded by Mr. McKenna and carried the 2011 Egg Harbor City Planning Board Meeting Dates were approved.

  1. Newspaper Ads:

Upon motion by Mayor Kuehner, seconded by Mr. McKenna and carried, the Press of Atlantic City, The Egg Harbor City News and the Atlantic Current were designated recipients of meeting notices for 2011.

  1. Appointments:

Upon motion by Mayor Kuehner, seconded by Mr. Mueller and carried, Jack Matthews was appointed as Solicitor for the Egg Harbor City Planning Board.
Upon motion by Mrs. Mueller, seconded by Mr. Peterson and carried, Tim Michel was appointed as Professional Planner for the Egg Harbor City Planning Board.
Upon motion by Mayor Kuehner, seconded by Mr. McKenna and carried, Remington Vernick and Walberg Engineers were appointed as Planning Board Engineers.
Upon motion made by Mayor Kuehner, seconded by Mr. Mueller and carried, Donna Heffley was appointed Secretary for the Egg Harbor City Planning Board.

  1. Approval of Minutes:

The November 16, 2010 minutes were approved upon motion made by Mrs. Mueller, seconded by Mr. McKenna and carried.

  1. Approval of Resolutions: none

8. New Business: 10-04PB

Atlantic City Electric Company

Electrical Substation

Atlantic Avenue between Norfolk Avenue and Second Terrace

Egg Harbor City, NJ 08215

Block 102 Lot 5 (a/k/a 5, 6 & 7)

Zoned – Downtown Redevelopment Area

Request for Preliminary and Final Site Plan Approval and other

variances, waivers or exceptions that may be required.
Enid L. Hyberg, an Attorney with Montgomery, McCracken, Walker and Rhoads, representing Atlantic City Electric Company stated the Applicant is coming before the Board tonight for authorization to replace the existing substation with new state of the art equipment. Giving testimony tonight will be Gregory Parsons, Senior Supervising Engineer for Pepco Holdings; Doug White a licensed Professional Engineer employed by Adams, Rehmann and Heggan Associates, Inc. and John Helbig a licensed Professional Planner employed by Adams, Rehmann and Heggan Associates, Inc.
Greg Parsons oversees the entire team of people working on the development of the substation. Mr. Parsons gave an overview of the existing substation. He noted the two original transformers date from the 1960’s and the transformer that was upgraded a few years ago dates from the 1940’s. All of the equipment is well beyond the end of its use and is in need of replacement. In addition the load that is served by the substation has grown by about 50% over the last fifteen years and is expected to grow an additional 2% each year subject to what goes on in the City. This station basically serves Egg Harbor City but also reaches beyond and serves a couple of Municipalities on the outskirts such as, Green Bank, Lower Bank, parts of Mullica and Hamilton Township and a small portion of South Egg Harbor, however it is here to serve the Citizens in town. Mr. Parsons referred to exhibit A-1 and went into detail explaining; personnel visiting the site, disruption in power, noise level, lighting, signage, spare equipment, storage, fencing, oil containment and the proposed timing to construct this project.
Mr. Mueller asked if all existing equipment on site will be demolished.

Mr. Parsons stated all equipment will be demolished and removed from the premises.

Mr. Mueller asked about the noise levels meeting state standards at the property line and if the noise levels will be higher with the new equipment.

Mr. Parsons indicated the noise levels should be similar as they are today.

Mr. Dennis expressed his concerns about lighting around the site and suggested having photo cell lighting for added security.
Mr. Cavallo questioned the noise on site.

Mr. Parson noted the noise will resemble the sound of an air conditioner or a humming noise.

Mr. Peterson expressed his concerns about the landscaping and drainage since this project will be completed over the years.

Mr. Parson noted the landscaping will be done at the end of 2011.

Mr. Dennis noted that in Egg Harbor City we require curbs and sidewalks and as per the Applicants plan they did not call for additional sidewalks. Mr. Dennis stated this site is in a residential area and when building new utility throughout the town, curbs and sidewalk are always required.

The Applicant agreed to put in curbing and sidewalks.

John Helbig, Professional Planner discussed the application concerning the 7 ft high fence which will promote public health and safety.
Douglas White, Professional Engineer, who is in charge of the civil design of the site reviewed the site plan using Exhibit l. He discussed the trees that would be planted and went over landscaping, the driveway locations, elevations and storm water management.
Mr. Mueller expressed his concerns about a letter from Pinelands stating that the Applicant has not demonstrated that the proposed development is consistent with the storm water management standards of the Egg Harbor City Land Use Ordinance and The CMP. Therefore the proposed development is inconsistent. Mr. Parsons noted the original submission to the NJ Pinelands did not cover the storm water management at all, that is why it is inconsistent. The final plans will be submitted and at that time it will be found to be consistent.
Mr. Dennis expressed his concerns about the Applicants proposed plan for storm water management and how it will complicate matters for the City in the future. Mr. Dennis noted the Applicants plan needs to address these issues.
Discussion continued on the drainage issue between Applicant, Board Members and City Engineer.
Mr. Kuehner noted that the City has numerous storm water retention basins and each one has had a problem with run off and infiltration because of the clay bed under Egg Harbor City. If this clay bed is not penetrated with some sort of wick, the water will not drain properly and will overflow onto Norfolk Avenue. This is an issue at both of the new schools. Mr. Parson agreed that they will drill down through the clay layer and propose a stone wick as requested by the Board.
Mr. Dennis expressed his concerns about the Planners report to move the driveway for trucks and maintenance personnel from Norfolk Avenue to 2nd Terrace. Mr. Dennis and Mr. Peterson thought it would be better to avoid 2nd Terrace which is a residential street. It would be better to access this site on Norfolk Avenue.
Mr. Michel reviewed his report dated January 13, 2011. He began his discussion with what the City is trying to accomplish with this site in the Downtown Redevelopment Area. Mr. Michel provided to the Board photographs of other substations and how the site can be made more appealing to the eye. The existing and propose land use classifications are consistent with the Redevelopment Parcel 8.
Mr. Michel reviewed the second part of his report which had to do with completeness. Item B - (f) on page 3, the applicant should remove the incorrect set back lines.

Item B - (i) the applicant should show parking and loading areas.

Item B - (k) referring storm water to the City Engineer.

Item B - (n) page 4, referring topography to the City Engineer

The applicant is asking for a wavier on the building elevations and Mr. Michel believes they have provided an adequate explanation as to what the building and the structures are going to look like. He is not sure if the Board will require anymore than this but he supports this request for a waiver.
Item B - (q) Mr. Michel is asking for decorative lighting. Mr. Michel noted that Mr.

Dennis suggested that additional security lighting with motion detectors

should be installed within the compound.

Item B - (r) There are no signs on the plan. The Applicant did describe the signs. Item B - (S) Waiver requested for proposed screening relief for the fencing. Mr.

Michel has no problem with the Applicants request for fencing


Item B – (u) Internal surface drainage plan – defer to the Planning Board Engineer.

Item B (#4) Requirement for performance guarantees. The Applicant is asking for

preliminary and final review that can be deferred as a condition of


Page 6 – Items 1-4 changes that Mr. Michel did not read into the record but

are noted in his report and need to be made to the plan.

Item c – Building limit controls

Mr. Michel noted there are no building limit controls. There is a

requirement for a site plan review and approval.

Page 7 – No Building limit controls apply to the proposed development and site

plan review is required to authorize the development.
D Public Utility Substations

There is a section of the Egg Harbor City Ordinance that allows a public utility substation in any zoning district in Egg Harbor City. Mr. Michel is asking the applicant to accept the responsibility for improving the perimeter of the area surrounding the site to make it acceptable for the existing and future development surrounding the site.

Page 8, the Applicant has provided some explanation as to parking and loading accommodations.
Curbing was discussed and the Applicant is to provide curbing along Norfolk Avenue, Atlantic Avenue and Second Terrace.
Sidewalks are to be provided along Norfolk Avenue and Atlantic Avenues which may need to be extended or replaced in areas.
Mr. Michel reviewed Street Trees, Street Lighting, Storm Water Management, Storm water System Maintenance Guarantee.
F-7 Waste Management, Section 170-52

The Applicant must provide written assurance that no hazardous or toxic substances including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the city.

Mr. Parsons gave verbal testimony on this issue and Mr. Michel noted this testimony would be sufficient for the record.
Mr. Michel continued with item G.1 which covered fences, section 170-59. Mr. Helbig gave testimony in regards to the fence. Mr. Michel noted the Board is asking for the appearance of the fence to be softened with hedge slats.
G-2 Mr. Michel noted the final plans shall reflect that the main access to the site shall

be on the Norfolk Avenue side of the property.

Mr. Michel discussed the variances and Waivers the Applicant requires.
In conclusion Mr. Michel noted that the Applicants plans are not complete enough and should be corrected addressing the conditions above within 90 days.
Mr. Cavallo, City Engineer, reviewed his report dated January 17, 2011. Mr. Cavallo reviewed the lighting and corrections he would like to see made to the plan.

Mr. Cavallo reviewed parking and access to the site and would like the plans to incorporate these items.

Mr. Cavallo addressed the Landscaping where site triangles must be taken into consideration.

Mr. Cavallo discussed storm water drainage.

Ms. Hyberg asked if their Professionals could possibly meet with Mr. Michel to discuss the Boards requests for lighting, storm water, fencing, curbing, sidewalks, landscaping and to come up with a design to meet all conditions. Ms. Hyberg would like to make changes and resubmit to the Board within 30 to 45 days for review.
Mr. Cavallo requested that the existing landscaping on Atlantic Avenue be removed out of the right away. Mrs. Hyberg said Mr. White addressed this and did not want to remove the existing trees because it would compromise the esthetics of the site. Mr. Cavallo noted that the City is planning to make this a pedestrian walkway along Atlantic Avenue and did not want the trees in the way of any future development. If they need to come out the Applicant will agree to remove them but if there is a way to keep them we must mutually agree as to what will remain. Mr. Michel suggested that they show this on their plan and we can then evaluate the situation. Ms. Hyberg said there may be some utility poles showing on the plans as well.

Mr. Mueller asked if there were any other questions.

The meeting was opened to the Public. Greene
Mr. Jay Adamson of New Village Associates, L.L.C. came forward and was sworn in by Mr. Matthews. Mr. Adamson thanked Atlantic Electric for supplying them with the plans for the substation project. He noted that he agrees with Mr. Michel comments and that the substation site is in the Downtown Redevelopment Area. Mr. Adamson acknowledged that this use is permitted under the Redevelopment Plan.
Mr. Adamson reviewed the landscaping, sidewalks, curbing, and fencing. Mr. Adamson proposed that Atlantic Electric shift their site 10 feet to the North giving away 10 feet of Norfolk right away. Mr. Adamson noted they intend to do this with their redevelopment plan, moving the site over 10 feet giving 10 more feet to second Terrace and then providing enough room for appropriate sidewalk for safety and welfare of the residents. He noted this was approved and part of the redevelopment plan.
Mr. Adamson reached out to Atlantic City Electric on Oct. 20, 2009 in an effort to address the Redevelopment Plan. Mr. Adamson wanted to supply and convey the details of the Redevelopment Plan, the zoning plan, the Cities wishes and what the plan holds for future development. Mr. Adamson wanted, on record, New Village Greene Associates is here to support this Application. They know what it means to the success of the City. The Redevelopment Plan does recognize that there are conditions and requirements of the plan that need to be met and the biggest concern is the right of way.
Mr. Michel noted that Mr. Adamson made a statement that there is an underlying zone within this area, highway commercial, and he wanted to clarify that statement. The Highway Commercial was replaced with the Redevelopment Plan and at some point in time when the Redevelopment Plan expires it will go back to that zoning. Highway commercial does not apply at this time and Mr. Adamson agreed. The other issue in Mr. Adamson’s discussion is the description how streets change in this area. Mr. Michel agrees with his plan which shows the type of development he is proposing. To make a change of streets as Mr. Adamson is proposing he must go before City Council and it must be contained in the Master plan and that request was never made. Mr. Michel noted that his request is totally inconsistent with the Master plan and zoning ordinance.
Mr. Adamson and Mr. Michel continued their discussion concerning the changing of curb lines. Mr. Adamson stated he was referring to the circulation and parking plan which was submitted to the City in 2008. It is a requirement of the Redevelopment Plan and we prepared that plan and it clearly shows each street with its right of way width and cart way width. Mr. Michel said he was not sure if this was ever voted on by Council. Mr. Adamson noted that could be. Mr. Adamson noted this plan was submitted in accordance with their requirement as Redeveloper. It was suppose to be adopted by the City and become part of the City’s site and master plan. It wasn’t, but not because he did not submit it and he wanted this to be on record. Mr. Michel said you asked for landscaping concessions and the City has also. Mr. Adamson and Mr. Michel continued their discussion on this issue. Mr. Michel’s report clearly stated that they were not satisfied with the landscaping plan and the Applicant agreed to make certain changes.
Mr. Mueller asked if there were any comments from the public. There were none.

The public portion was closed.

Ms. Hyberg thanked the Board and stated the Applicant will submit revised plans in a timely fashion to address the issues that were raised.
Mr. Matthews reviewed the conditions that the Board will be voting on. The proposed conditions listed in Tim Michel’s report are; F1, F2, F3, page 9 G-l, applicant shall submit a revised storm water management plan to be reviewed and approved by the City Engineer within 45 days, a revised landscaping plan to be reviewed and approved by the City Planner and the City Engineer within 45 days, a revised lighting plan within 45 days, submit the proposed utility poles to be reviewed and approved, address the existing street trees to remain as well as the proposed landscaping plan revisions, the main access drive to the site shall be off of Norfolk Avenue and the Second Terrace access drive to the site will be emergency use only.
Mr. Mueller asked for a motion for the approval of the preliminary and final site plan with the conditions listed by Mr. Matthews.
Upon motion made by Mr. Kuehner, seconded by Mr. Dennis

Roll Call: Mr. Kuehner yes, Mr. Dennis yes, Mrs. Mueller yes, Mr. McKenna yes, Mr. Peterson yes, Mr. Mueller yes.

Other Business: Mr. Michel stated that we have a Master Plan that has been certified by the Pinelands Commission and all the implementing ordinances are also now certified so the Master Plan is now in effect. Copies are here tonight for any Members that would like one.
Council Report: Mayor Kuehner announced the ribbon cutting for the new middle school will take place January 22, 2011 at 10:00am. The school will be open for a walk through. On January 29, 2011 the City will have a fare well to the Rittenberg School at 10:00 in the gym and then the school will be open for a walk through and reminiscing.

Mr. Dennis announced that they had a meeting with Charles Lewis who is the Redeveloper for the Rittenberg School. Mr. Lewis has made their submission to Pinelands. As soon as they receive their Certification from Pinelands they will submit their application to the Planning Board. Mr. Dennis also mentioned that Mr. Haber who is in charge of the Egg Harbor City North project now has financing to get him started with phase one possibly beginning in 2012.

Mr. Kuehner noted that Chester Breder was on vacation and would be sworn in at the next meeting as the City Official for the Planning Board.

Upon motion made by Ms. Mueller, seconded by Mr. McKenna and carried the meeting was adjourned.

Respectfully Submitted

Donna Heffley/Planning Board Secretary

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