PLANNING BOARD MEETING

 

JANUARY 20, 2005

 

BOROUGH OF WANAQUE

 

REORGANIZATION MEETING

and

REGULAR MEETING

 

 

Meeting called to order by Vice Chairman Joseph Graceffo with a salute to the flag.

 

ROLL CALL:

                                                                       

John DiMeglio                                            David Slater (came in at 8:22 P.M.)

Joseph Graceffo                                             Eugene Verba

Tony Brindisi (came in at 7:55 P.M.)            Thomas Balunis        

Kevin Platt                                                     William Rucci

 

PRESENT: Attorney Steven Veltri and Engineer Michael Cristaldi

 

MEMBERS ABSENT: Chairman Gilbert Foulon and Mayor Warren Hagstrom

 

READING:  Open Public Meeting Announcement

This is a Reorganization & Regular Meeting of the Wanaque Borough Planning Board and adequate notice has been given and it has been duly advertised by the placement of a notice in the Trends and the Herald News, mailed on December 17, 2004 and a notice thereof has been posted on the bulletin board in the Municipal Building in the Borough of Wanaque and a copy thereof has been on file with the Borough Clerk.

 

Vice Chairman Graceffo introduced the new Member, William Rucci and also the appointment of Dave Slater to Alternate #1.

 

NOMINATION FOR CHAIRMAN:  Member DiMeglio nominated Gilbert Foulon for Chairman, seconded by Member Platt. No other names were presented.

 

ROLL CALL ON NOMINATION FOR CHAIRMAN: Voting yes were Members  DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

 

At this point in the meeting, Member Graceffo stepped down.

 

NOMINATION FOR VICE CHAIRMAN WAS ANNOUNCED BY THE BOARD SECRETARY: Member Platt nominated Joseph Graceffo for Vice Chairman, seconded by Member Balunis.  No other names were presented.

 

ROLL CALL ON NOMINATION FOR VICE CHAIRMAN: Voting yes were Members DiMeglio, Platt, Verba, Balunis and Rucci.

 

NOMINATION FOR BOARD ATTORNEY:  Member DiMeglio nominated Attorney Steven Veltri, seconded by Member Balunis.  No other names were presented.

 

ROLL CALL ON NOMINATION FOR BOARD ATTORNEY:  Voting yes were Members DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

 

NOMINATION FOR BOARD ENGINEERING FIRM:  Member Balunis nominated the firm of Richard Alaimo Associates, seconded by Member Verba. No other firms were presented.

 

ROLL CALL ON NOMINATION FOR ENGINEERING FIRM:  Voting yes were Members DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

 

NOMINATION FOR PLANNER: Member Balunis nominated Michael F. Kauker, seconded by Member DiMeglio. No other names were presented.

 

ROLL CALL ON NOMINATION FOR PLANNER: Voting yes were Members  DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

 

ADOPTION OF EXISTING MEETING DATES TO CONTINUE ON THE THIRD THURSDAY OF THE MONTH WITH A 7:30 WORKSHOP AND THE REGULAR MEETING WILL FOLLOW AT 8:00 P.M.  Member Platt made the motion and seconded by Member Verba. Voting yes were Members DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

Vice Chairman Graceffo directed the Board Secretary to advertise the meeting dates in the official papers used by the Board.

 

MINUTES:  from the December 16, 2004 Meeting.

 

MOTION TO APPROVE: made by Member DiMeglio, seconded by Member Verba, voting yes were Members DiMeglio, Platt, Verba and Balunis. Members Graceffo and Rucci abstained.

 

MOTION ON COMMUNICATIONS/REPORTS: As listed, be accepted as presented. Motion made by Member DiMeglio, seconded by Member Balunis. Voting yes were Members DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

 

ENGINEER’S REPORT:  Eng. Cristaldi said there are three applications that haven’t been heard yet. Two are on the Agenda for tonight and the other application for Application  #11-04 Robert Grauso that hasn’t been completed yet.

 

VOUCHERS: submitted by Atty. Veltri for “Stop & Shop” for review of application, review of plans, telephone calls with applicant’s attorney and Planning Board

Engineer and Preparation of Resolution, for $550.00, Richard A. Alaimo Engineering Associates for Invoice #008477 Project #PO495-0000-000 for Fee Service Mtg. Attendance for $180.00, Invoice #008478 Project #PO495-0161-000 for Lakeside Manor for $1,040, for a Grand Total of $1,770.00.

 

MOTION TO APPROVE: made by Member Verba, seconded by Member Platt, voting yes were Members DiMeglio, Graceffo, Platt, Verba, Balunis and Rucci.

 

RESOLUTION FOR APPLICATION #17-04 “STOP & SHOP”, UNION AVE., BLOCK 464 LOT 20 & A PORTION OF BLOCK 500 Lot 2. Approved at the December 16, 2004 Meeting by a 7-0 Vote.

 

MOTION TO APPROVE:  made by Member Balunis, seconded by Member Verba, voting yes were Members DiMeglio, Platt, Verba and Balunis. Members Graceffo, Brindisi and Rucci abstained.

 

NEW BUSINESS APPLICATION “Gingerbread Kids, LLC” (Nursery/Day Care Center), 207 –4B Ringwood Ave., Block 204 Lot 5, Wanaque, N.J. Owners of building are Robert Ryan and Ibrahim Fayed and owner of business is Gina Antonucci.

Robert Ryan of 56 Standish Drive, Clifton, N.J. 07013 owner of building and Gina Antonucci owner of the business came forward.

Vice Chairman Graceffo said at the December Meeting, there were questions with regard to the parking requirements. A Site Plan prepared by Baranson Associates Inc., 45 North Broad St., Ridgewood, N.J. dated 12-15-04 was passed out to the members by Mr. Ryan. This plan showed the designated parking spaces for each business in the building.

Atty. Veltri swore in Mr. Ryan and Ms. Antonucci at this point in the meeting.

Mr. Ryan began explaining the parking spaces with respect to the different businesses in the building to the Board. Member DiMeglio asked how many businesses are in the building right now and Mr. Ryan said there were five. Store #1 is the Wanaque Market, Store #2 is a Liquor Store, Store #3 is “Turning Point Dance Studio”, Store #4 will be the Day/Care, and Store #5 which is upstairs will be the Billiard Hall and Store #6 is currently vacant which was previously “Celestial Bodies” a women’s gym. Vice Chairman Graceffo asked Ms. Antonucci if she was planning on an outside play area. Ms. Antonucci said there would be a small playground, which will be across the parking lot from Store #4 and to the right and will be fenced in and Ms. Antonucci has applied for a Fence Permit. Ms. Antonucci explained, due to the inclement weather, its not a good time to install the fence now. Ms. Antonucci said the playground area would be approximately 15 X 24 ft.

Eng. Cristaldi was asked about the requirement of parking spaces for this site and he said it’s one space for every 200 sq. ft. on the building area. Eng. Cristaldi said there is 18,200 sq. ft. and that comes to 92 spaces and they have 110 spaces, therefore, they

have enough parking. Some of the businesses may require more spaces than others because of the type of business that it is. Ms. Antonucci’s business will have fifteen (15) spaces allocated. Ms. Antonucci said she probably will have no more than five or six employees and this is a sporadic drop off procedure and they really don’t need fifteen (15) spaces. Vice Chairman Graceffo asked Ms. Antonucci if she’s been approved by the State and she said not for licensing and not until she gets a “CO”. Vice Chairman Graceffo said his concern is with the location of the playground area. Ms. Antonucci said that the State actually allows certain Day/Care Centers not to have playground areas especially if they’re in walking distance to a park and what they allow for a playground area is 750 sq. ft. for every five (5) children. Based on the square footage of her playground area, the most children she would have outside would be eight (8). Member Rucci asked about the rock wall above the playground area and Ms. Antonucci said there is a fence up there. Eng. Cristaldi added, that sometimes the face of rock will spall and pieces of rock come off the face of the rock.

Vice Chairman Graceffo told Ms. Antonucci that once she gets the State approvals she’ll have to give copies of these approvals to operate to the Building Inspector. Also, if there is playground usage, the Board wants to know what size is available and what safety requirements are available so it’s on record.

Ms. Antonucci brought up the matter about the smoke detectors and the sprinkler test in the building. Member Platt spoke up and said the sprinklers are still an issue.  Member Platt said the sprinklers do not work properly. Vice Chairman Graceffo asked Mr. Ryan (owner of the building), what is being done to correct the sprinkler problem. Mr. Ryan said the sprinklers work but the actual sprinkler heads have to come down.  Member Platt added that the sprinklers are in the wrong position and about five things are wrong with it. The original system was installed when the building was “Country Furniture” before the partitions went up and the way it is right now, it won’t function or put out a fire. Ms. Antonucci said she understood that they are working properly and there’s water flow through there and if there is a fire the sprinkler system will put it out, however, the one main concern was the audio with no horns. Obviously, the State will require her to hook up to the central station along with two pull stations at each means of egress, and a valve that hooks up therefore alarming the rest of the building that there is a fire. Mr. Ryan said he would be hooking up the rest of the building to the Day/Care’s central station.

Ms. Dina Cipolat, 251 Jolene Ct., Paramus, N.J., Ms. Antonucci’s consultant came forward and said they had the alarm system person at the building tonight and he needs to know if they have a sprinkler system why do they need smoke detectors. Member Platt advised them to call William Fleck, Fire Subcode Official and he will let them know what they need. Ms. Cipolat told the Board that the State has already come and did a courtesy inspection and approved the location and where the playground was going.

Vice Chairman Graceffo told Ms. Antonucci that there are still some things that have to be done to warrant this project complete. Therefore, the Board will grant the

approval of the application pending the follow-up on the safety requirements and any other requirements and the Building Inspector will not release the “CO” until all the requirements have been met primarily the Fire Safety Requirements.

 

MOTION TO APPROVE APPLICATION PENDING THE SATISFACTION OF THE SAFETY REQUIREMENTS OF THE BUILDING AND ALL APPROVALS BE MET BEFORE THE ISSUANCE OF A “CO”: made by Member Brindisi, seconded by Member Balunis, voting yes were Members DiMeglio, Graceffo, Brindisi, Platt, Verba, Balunis and Rucci. Member Slater abstained.

                         

NEW BUSINESS APPLICATION: “M & L Automotive” (Auto Repair), 918 Ringwood Ave., Block 309 Lot 22, Haskell, N.J. Owner of building is John J. Vas II and owner of business is Michael Landry.

 

No one came forward on this application.

 

APPLICATION #18-04 John De Diminicantanio, 66 Greenwood Ave., Block 445 Lot 74, Haskell, N.J., Minor Subdivision, Authorized Agent is Atty. H. Shepard Peck, Jr., of 2100 Rt. 208 South, Fair Lawn, N.J.

Atty. Peck and John De Diminicantanio came forward.

Atty. Peck explained that his client is returning to the Board to represent a Minor Subdivision Application that was considered by the Board last March 2004. The purpose of the application is to create two conforming lots on Greenwood Ave.; one lot has a single-family house on it and will have 11, 354 sq. ft. if approved and the adjacent new proposed lot south of the single-family house lot will have if approved, 20,347 sq. ft. The area of both lots is conforming and the issue that caused this application to be reconsidered is because of a question about the division line between his client’s property and the adjacent property known as Lot 75 owned by John & Sandra Gillligan. There was a question as to whether Mr. De Diminicantanio survey was accurate. The Board advised Mr. De Diminicantanio to get a current survey to make sure that the line is proper, which he has done, and the surveyor updated his work and went out to the property and checked it and the map submitted is a current map which confirms that the line is accurate as previously submitted.  In the engineer’s report dated December 16, 2004 it states that the new lot is 20,347 sq. ft. and there is an existing setback violation of the house on the existing lot that is not impacted by the subdivision. Also, in this report it is noted that this property is not in the “Highlands Preservation Area”.  Atty. Peck also said that his client is trying to get approval to have this 20, 347 sq. ft. area split off from the single-family existing house for future development.  The neighbor’s deck is encroaching on the applicant’s property and Atty. Peck said it won’t be a problem and is only over by a foot or so and there’s no reason to make an issue about it.

 

MOTION TO OPEN PUBLIC DISCUSSION: made by Member Brindisi, seconded by Member Verba. Carried by a voice vote.

Lori Bull, 14 Prospect St. came forward. Ms. Bull wanted to know how this property is currently zoned. Atty. Peck answered Ms. Bull and said the zone is R-10 and R-10 allows a single family on 10,000 sq. ft. and a two family on 20,000 sq. ft.

 

CLOSE PUBLIC DISCUSSION: made by Member Brindisi, seconded by Member Balunis. Carried by a voice vote.

 

Engineer Cristaldi said whatever variances exist on the property; they are there already and will not be affected by this subdivision.

 

MOTION TO APPROVE: made by Member Slater, seconded by Member DiMeglio, voting yes were Members DiMeglio, Graceffo, Brindisi, Platt, Slater, Verba and Balunis. Member Rucci abstained.

 

APPLICATION #19-04 Eric & Danielle Uhlhorn & Charles Gormly, 8 Mullen Ave., Wanaque, N.J. Block 238 Lot 3, Minor Subdivision:

Atty. Alfred Acquaviva of 1114 Goffle Road, Suite 203, Hawthorne, N.J. came forward along with Robert Cigol, 211 Main St., Butler, N.J., a Professional Land Surveyor and Atty. Veltri proceeded to swear Mr. Cigol in.

Atty. Acquaviva explained he represents all the applicants on this application. Atty. Acquaviva said his client Charles Gormly owns the property at 6 Mullen Ave., which is Block 238 Lot 2; the other applicants Eric & Danielle Uhlhorn own the property at 10 Mullen Ave. which is Lot 4. They had purchased Lot 3 that is the lot between these two lots in February of 2004 from the Borough of Wanaque. They are seeking to subdivide the middle lot and merge half onto Lot 2 and half onto Lot 4, therefore making their own respective lots a little bit larger. There is no development being proposed and there is no “Highlands” issues here and essentially all of the non-conformances on Lots 2 and 4 one of them are eliminated if this application is approved and the other ones are actually made less non-conforming.

Mr. Cigol told the Board that Lot 3 is currently a vacant lot and the clients indicated they do not want to create a building lot, but to annex equally 2500 sq. ft. to the existing Lot 2 and Lot 4. Currently Lot 4 consists of 5,873.59 sq. ft. With the annexation of 2500 sq. ft., the new lot will consist of 8, 373.59 sq. ft. Lot 2 currently consists of 5,000 sq. ft. and with the annexation of 2500 sq. ft. the lot’s square footage to 7500 sq. ft.

Vice Chairman Graceffo asked if there is a fence on Lot 4. Mr. Cigol said that is correct and is a pre-existing condition.

Eng. Cristaldi said this subdivision is not going to create any variances and it gets rid of two side yard variances and reduces all of the other preexisting variances.

 

MOTION TO OPEN TO PUBLIC DISCUSSION: made by Member DiMeglio, seconded by Member Brindisi. Carried by a voice vote.

 

PUBLIC DISCUSSION:

Grace Maiello, 26 Rhinesmith Ave. came forward. Ms. Maiello asked about the back of the property backing into the Board of Education property also the property of the First Aid Squad that was purchased from the Board of Education to the Borough which has a codicil on it that it cannot be sold or used for any other purpose, or else it  reverts back to the Board of Education. Ms. Maiello wanted to no if this subdivision is encroaching upon this property. Vice Chairman Graceffo told Ms. Maiello that the Board of Education has been notified about this application. Atty. Acquaviva and the Surveyor showed Ms. Maiello that this subdivision does not involve the property she is concerned about.

 

MOTION TO CLOSE PUBLIC DISCUSSION: made by Member Slater, seconded by Member DiMeglio. Carried by a voice vote.

 

MOTION TO APPROVE: made by Member Balunis, seconded by Member Platt, voting yes were Members DiMeglio, Graceffo, Brindisi, Platt, Slater, Verba, Balunis and Rucci.

 

MOTION TO OPEN MEETING FOR PUBLIC DISCUSSION:  made by Member Slater, seconded by Member Brindisi. Carried by a voice vote.

 

Lori Bull, 14 Prospect St., came forward. Ms. Bull said she lives in the area where the subdivision is going to be made and they were served properly by the mailing of the notices. The only thing she would like to say is that it would be so much more helpful if the letters stated the street address along with the Block & Lot numbers.

 

Sandy Lawson, 28 Haskell Ave., came forward. Ms. Lawson wanted to know if it would be possible to put copies of the agenda out on the tables the night of the meeting because everyone does not access to the Internet. Ms. Lawson also mentioned, that on the correspondence list that was mentioned earlier in the evening, she would like to know what was on the correspondence list. Vice Chairman Graceffo said he did announce whom the correspondence was from. Vice Chairman Graceffo told Ms. Lawson that there were three items; one from the N.J. Society of Professional Surveyors, one from Atty. James La Sala with regard to the Estate of Mary Biggio, and one from the County of Passaic Planning Board about the Site Plan for Green Park Village. Ms. Lawson also wanted to know about the vouchers from Alaimo Associates and what were they. Alaimo’s one voucher was for Fee Service for Meeting Attendance for the period ending 12/1/04 for $180.00, and the second voucher was for Invoice #008478 Project #PO495-0161-000 Lakeside Manor for Engineering Period Ending 12/1/04 for $1,040.00. Ms. Lawson mentioned the meeting

at Lakeland H.S. on October 21, 2004 and that Michael Kauker, Planner went over the “Redevelopment Plan” along with the maps. Ms. Lawson wanted to know if any members on the Planning Board looked at the “Cross Acceptance Process” or had any input into it and she wanted to know how is that different than what was submitted for the “Cross Acceptance Process”. Vice Chairman Graceffo said he wasn’t available for the October Meeting and asked if anyone on the Board had any recollection of what transpired. Atty. Veltri recommended that Ms. Lawson get in touch with Planner, Michael Kauker. Atty. Veltri explained that Mr. Kauker only comes to the Planning Board Meetings when the Board is dealing with something that specifically involves him.

 

Tim McQuillen, 1023 Ringwood Ave. came forward. Mr. McQuillen asked if anyone on the Board was involved in the “Cross Acceptance Report”. Atty. Veltri said they dealt with it as a Board during the Public Meetings and Atty. Veltri didn’t know if anyone on the Board was on any individual committees working with the Planner.

Atty. Veltri explained that Mr. Kauker was at the Planning Board Meetings several times during the last six months discussing planning issues. Mr. McQuillen said he has an issue with the planning of the area change such as PA 5 to PA 1 on the “Cross Acceptance Report” and is listed as having water and sewer service and it does not. This area is known as the “Specht Tract”. Mr. McQuillen said he owns property on Shady Avenue that is next to the area he’s questioning and all of his neighbors including himself have septic and wells in this area.

 

Louis Bakula, 21 Gorge Drive came forward. Mr. Bakula said he has a map that shows the sewer service that they say they have. Mr. Bakula said there is sewer service along Doty Road and there is a sewer that was put in two or three years ago that goes up Roger Avenue and into the Skyland Road area; but all of that other area has no sewers whatsoever. Eng. Cristaldi recommended that Mr. Bakula also check with Planner, Michael Kauker.

 

Sandy Lawson, 28 Haskell Ave., came forward. Ms. Lawson said she thinks the area that’s being referred to is a future sewer service area and it has a requirement that it has an Executive Order 109 Environmental Impact Statement before they can put sewers there as a provision of the 1983 “EPA” Grant.

 

Penny Anson, 20 Shady Ave., spoke up from the audience and wanted to know who gathers the information that goes into the “Cross Acceptance Report”, is it the Planning Board or is it Borough Administrator to propose PA changes?  Vice Chairman Graceffo said, Ms. Anson is obviously asking questions the Board does not have answers to. Vice Chairman Graceffo suggested Ms. Anson to call the Board Secretary and she will give her Mr. Kauker’s phone number.

 

MOTION TO CLOSE PUBLIC DISCUSSION: made by Member Slater, seconded by Member DiMeglio.  Carried by a voice vote.

 

MOTION TO ADJOURN AT 9:13 P.M.:  Carried by a voice vote.

 

 

______________________________

Gerri Marotta

Secretary to Planning Board