&
Meeting called to order by Mayor Thomas Balunis.
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 16, 2005 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.
ROLL CALL:
Gilbert Foulon Eugene Verba
Joseph Graceffo Mayor Thomas Balunis
John Shutte Ed
O’Connell
Kevin Platt
PRESENT: Attorney
Steven Veltri and Engineer Michael Cristaldi
Mayor Balunis announced that the new members were sworn
in earlier this evening and they were: John Shutte and Ed O’Connell. Returning
Members are Kevin Platt, John Di Meglio and David Slater.
NOMINATION FOR CHAIRMAN FOR 2006: Member Di Meglio nominated Gilbert Foulon for
Chairman, seconded by Member Graceffo. No other names were presented.
ROLL CALL ON NOMINATION FOR CHAIRMAN: Voting yes
were Members Di Meglio, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis
and O’Connell.
At this point in the meeting, Mayor Balunis stepped down and Chairman Foulon took over.
NOMINATION FOR VICE CHAIRMAN: Member Platt nominated Joseph Graceffo for
Vice Chairman, seconded by Member Slater. No other names were presented.
ROLL CALL ON NOMINATION FOR VICE CHAIRMAN: Voting
yes were Members Di Meglio, Chairman Foulon, Shutte, Platt, Slater, Verba,
Mayor Balunis and O’Connell.
NOMINATION FOR BOARD ATTORNEY: Member Graceffo nominated Attorney Steven
Veltri, seconded by Member Verba. No
other names were presented.
ROLL CALL ON NOMINATION FOR BOARD ATTORNEY: Voting yes were Members Di Meglio, Chairman
Foulon, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis and O’Connell.
NOMINATION FOR ENGINEERING FIRM: Member Di Meglio nominated Alaimo
Engineering represented by Eng. Michael Cristaldi, seconded by Member
Verba. No other names were presented.
ROLL CALL ON NOMINATION FOR ENGINEERING FIRM: Voting yes were Members Di Meglio, Chairman
Foulon, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis and O’Connell.
NOMINATION FOR PLANNER: Member Slater nominated Michael Kauker, seconded by Member
Graceffo. No other names were
presented.
ROLL CALL ON NOMINATION FOR PLANNER: Voting yes were Members Di Meglio, Chairman
Foulon, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis and O’Connell.
RECESSED AT 7:50 P.M.
RECONVENED AT 8:00 P.M. WITH A REGULAR MEETING:
ROLL CALL: Members Di Meglio, Chairman Foulon,
Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis, O’Connell, Attorney
Steven Veltri and Engineer Michael Cristaldi.
Chairman Foulon announced that the Board will meet on the
third Thursday of every month and will be advertised in the Trends and Herald
& News.
COMMUNICATIONS/REPORTS: No questions asked.
APPLICATION STATUS: Eng. Cristaldi said everything
he has is on the Agenda for tonight.
APPLICATION #01-06 Aleksandar Milic, 121 Meadowbrook
Ave., Block 224 Lots 3 & 3.01, Wanaque, N.J. Minor Subdivision to create
separate lots for the two existing Single Family Homes. Authorized Agent is Richard P. Saunders,
Esq.
Atty. Richard P. Saunders, 420 Totowa Road, Totowa, N.J. came forward on behalf of his client. Atty. Saunders explained to the Board they are here tonight for a classification and added that this application is a Major Subdivision and not a Minor. This is a Major Subdivision because there are some off-tract improvements to be done, specifically the extension of a water main down Meadowbrook Ave. so that it can service both of the houses. Atty. Saunders said there are no variances required for this application. Both lots are conforming in size; the setbacks will be conforming once this is done. Atty. Saunders explained the ultimate goal is that Mr. Milic who resides on the property is going to take the one house that is dilapidated, knock it down and rebuild on the existing footprint. Atty. Saunders discussed the steep slope calculations with Eng. Cristaldi and they argued that they really are not necessary since they aren’t putting a shovel in the ground and it was decided they would leave it up to the Board and if the Board saw fit, they would ask for a waiver as part of the formal hearing next month.
Eng. Cristaldi explained the applicant would have to extend the water main because right now both houses use the same water service. The two houses exist and are non-conforming and the Board should consider granting a waiver because there are already two homes existing on a single lot, which is non-conforming. The applicant is eliminating this by subdividing and is doing so without disturbing any additional area or creating any variances.
Atty. Veltri asked Eng. Cristaldi, if there were future construction on one of the lots, would they run into a steep slope issue? Eng. Cristaldi said, when the applicant goes to the Building Inspector and he is building on the same footprint and is not going to disturb any more slopes there would be no variance required, but if he was going to extend and disturb other areas that were steep slopes, you may want him to come back to the Board. Atty. Saunders added that his client is not asking for a permanent waiver of the Steep Slope Ordinance. They’re just asking for a waiver for this particular application and if the Board wants to spell it out specifically in a resolution they don’t have a problem with that and the intention is to build on the same footprint.
Atty. Veltri said, for classification purposes the Board will vote on this application being a Major Subdivision and vote to advertise this as a Major Subdivision and request a waiver for the steep slope situation.
Member Di Meglio mentioned to Atty. Saunders that Block 225 Lot 2.01 is not owned by Anthony & Maryann Brindisi as shown on the subdivision plan. Atty. Saunders said he would ask the Tax Assessor for an updated list of property owners.
Eng. William Darmstatter said he will certainly comply with Eng. Cristaldi’s report dated January 19, 2006 and the plans do show a proposed dwelling and garage and
that was from the original prior owner. The original owner was going to demolish that existing building on Lot 3.01 and construct a new home and as you can see, where the existing home is and the area to the right, which that building does extend a little to the right, is not in the steep slope area.
CHAIRMAN FOULON ENTERTAINED A MOTION DECLARING THE APPLICATION AS A MAJOR SUBDIVISION AND SET UP A PUBLIC HEARING FOR NEXT MONTH: motion moved by Member Graceffo, seconded by Member Platt, voting yes were Members Di Meglio, Chairman Foulon, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis and O’Connell.
Extension of the Final Major Site Plan that was granted
on December 18, 2003 on Application #16-02 “RSK” DEVELOPMENT”. Applicant is
seeking an extension pursuant to N.J.S.A. 40:55D-51A.
Attorney Timothy Brody with the firm of Dolan & Dolan and representing the applicant came forward. Mr. Brody explained he is here tonight with his client, Stanley Kazanowski/RSK Development, seeking a one- year extension from the Final Site Plan Approval that the Board granted on December 18, 2003. They are here pursuant to N.J.S.A. 40:55d-51A. Atty. Brody said the Board should grant a one-year extension if the developer can prove the reasonable satisfaction to the Board that the developer was barred directly or indirectly from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities. Atty. Brody added, that those approvals applicable here pertain to sewer, water approvals with regard to applications that were submitted to the “DEP” regarding Sewer Main Extension Application Permit as a condition of the previous resolution. In January of 2004, “RSK” submitted the required consents for signature to the Wanaque Valley Regional Sewerage Authority, which are prerequisite to the Sewer Extension Permit Application. There was approximately a four (4) month delay in obtaining those signatures and “RSK” did attempt to get those signed within that four-month period and they were subsequently returned and signed by the Wanaque Valley Regional Sewerage Authority to “RSK” in May of 2004. Shortly, thereafter, the application was submitted to the “DEP” and while that application was pending, the “Highlands Act” came down. The applicant recently received a final determination from the “DEP” declining to find the property exempt. The applicant is currently appealing the determination. Therefore, in light of the justifiable delays, Atty. Brody thinks the Board has the ability to grant this one-year extension to the Major Site Plan Approval that was granted in the Resolution of December 18, 2003.
Atty.Veltri said, if the Board did grant that approval, it
would be retroactive December 18, 2005 and Atty. Brody agreed. Atty. Veltri
said the Board does have the ability to grant the extension under the statute
and it’s really up to the Board whether they want to grant it.
CHAIRMAN FOULON ENTERTAINED A MOTION TO GRANT THE EXTENSION FOR ONE YEAR FROM THE DATE OF DECEMBER 18, 2005: moved by Member Graceffo, seconded by Member Slater, voting yes were Members Di Meglio, Chairman Foulon, Graceffo, Platt, Slater, Verba, and Mayor Balunis. Members Shutte and O’Connell abstained.
PLANNING BOARD REVIEW AND APPROVAL FOR ORDINANCE
#2-0-06 AMENDING ZONING ORDINANCE FOR HASKELL BUSINESS DISTRICT REDEVELOPMENT:
Tom Carroll, Borough Administrator came forward. Mr. Carroll said, almost two years ago, the Planning Board found that this area was in need of redevelopment. The Borough has entered into negotiations and has reached an agreement and has designated Sal Falcigia, developer of Bald Eagle in West Milford, to be the developer and this development will be called “Bald Eagle Suites”. Mr. Falcigia has entered into contracts on most of the properties and the Borough has worked on the design and zoning. Mr. Carroll pointed to the new design on the easel in the courtroom and said the development will go north from Doty Road, up to and including Lakeland Auto Parts. The majority of the parking will be at the Lakeland Auto Parts location, which will be demolished. The Council has introduced the zoning and Mr. Carroll is here for the Planning Board’s review and recommendation. Mr. Carroll mentioned that there are two small typographical errors on the Ordinance that was sent. On page 2, under Permitted Uses i., which states for professional offices; that definition was changed to professional, commercial and general offices. On page 3, under C. iii. with regard to the kitchen facilities in the offices on the second and third floor; they are allowed a kitchen facility but not for commercial or wholesale purposes.
Mr. Carroll mentioned that the Candle Factory is moving along and should be back to the Board next month.
Member Slater brought up the size of the parking spaces. In the Ordinance the parking spaces are 160 square feet and Member Slater thinks the parking spaces could be made a little larger.
CHAIRMAN FOULON ENTERTAINED A MOTION TO SEND A FAVORABLE REPORT ON THE ORDINANCE TO THE MAYOR & COUNCIL: motion moved by Member Slater, seconded by Member Verba, voting yes were Members Di Miglio, Chairman Foulon, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis and O’Connell.
OPEN TO PUBLIC DISCUSSION:
Sandy Lawson, 28 Haskell Ave. came forward. Ms. Lawson said she is hoping that the developer and the town will consider a different name than “Bald Eagle”, only because people will associate it with West Milford. Ms. Lawson would like a name that represents Wanaque more. Chairman Foulon said that was a good point.
PUBLIC DISCUSSION CLOSED:
RESOLUTIONS: Application #22-05 “Wanaque Valley Regional Sewerage Authority/Pulte Communities NJ, Limited Partnership”, Block 313 Lot 8 and Block 313 Lots 1, 6 and 8.01 for a Minor Subdivision:
MOTION TO APPROVE: made by Member Slater, seconded by Member Verba, voting yes were Members Platt, Slater, Verba and Mayor Balunis. Members Di Meglio, Chairman Foulon, Graceffo, Shutte and O’Connell abstained.
VOUCHERS: submitted by Atty. Veltri for Review of Minor Subdivision and Preparation of Resolution for “Wanaque Valley Regional Sewerage Authority/Pulte Communities NJ, Limited Partnership”, Application #22-05 for $350.00.
MOTION TO APPROVE: made by Member Graceffo, seconded by Member Slater, voting yes were Members Di Meglio, Chairman Foulon, Graceffo, Shutte, Platt, Slater, Verba, Mayor Balunis and O’Connell.
MOTION TO ADJOURN AT 8:45 P.M.: made by Member Slater, seconded by Member Verba, carried by a voice vote.
______________________________
Gerri Marotta
Planning Board Secretary