PLANNING BOARD MEETING
BOROUGH OF WANAQUE
MINUTES
January 18, 2007
Reorganization Meeting
and
Regular Meeting
Meeting called to order by Mayor Dan Mahler with a salute
to the flag.
ROLL CALL:
John Di Meglio
Mayor Dan Mahler Ed
O’Connell
Joseph Graceffo John
Shutte
Kevin Platt
PRESENT: Attorney Steven Veltri and Engineer
Michael Cristaldi
MEMBERS ABSENT:
William Rucci
This is a Reorganization and 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 January 5, 2007 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.
Members Kevin Platt and Joseph Graceffo have been
reappointed and were sworn in by Mayor Mahler.
NOMINATION FOR CHAIRMAN: Member Di Meglio
nominated Gilbert Foulon for Chairman, seconded by Member Platt. No other names
were presented.
ROLL CALL ON NOMINATION FOR CHAIRMAN: Voting yes
were Members Di Meglio, Mayor Mahler, Graceffo, Platt, Slater, Verba, O’Connell
and Shutte.
At this point in the meeting, Mayor Mahler stepped down and Chairman Foulon took over.
NOMINATION FOR VICE CHAIRMAN: Member Shutte
nominated Joseph Graceffo for Vice Chairman, seconded by Member Di Meglio. No other names were presented.
MOTION TO CLOSE NOMINATION: made by Member
O’Connell, seconded by Member Di Meglio.
ROLL CALL ON NOMINATION FOR VICE CHAIRMAN: Voting
yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Platt, Slater,
Verba, O’Connell and Shutte.
NOMINATION FOR BOARD ATTORNEY: Member Platt
nominated Attorney Steven Veltri, seconded by Member Verba. No other names were
presented.
MOTION TO CLOSE NOMINATION: made by Member
O’Connell, seconded by Member Graceffo.
ROLL CALL ON NOMINATION FOR BOARD ATTORNEY: Voting
yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Graceffo, Platt,
Slater, Verba, O’Connell and Shutte.
NOMINATION FOR BOARD ENGINEER: Member Di Meglio
nominated Engineer Michael Cristaldi from Alaimo Associates, seconded by Member
Graceffo. No other names were presented.
MOTION TO CLOSE NOMINATION: made by Member
O’Connell, seconded by Member Verba.
ROLL CALL ON NOMINATION FOR BOARD ENGINEER: Voting yes were Chairman Foulon, Members Di
Meglio, Mayor Mahler, Graceffo, Platt, Slater, Verba, O’Connell and Shutte.
Chairman Foulon said the Board has to vote for a Planner, but the Board is not prepared at this meeting. The Board Secretary showed Chairman Foulon the Resolution given to her by Borough Administrator, Tom Carroll, in which it says that soliciting proposals for various professional services under the “Fair and Open” provisions of N.J.S.A.; and those proposals were received on December 20, 2006 by the Borough Administrator, who opened them and read them aloud; and that Fred Suljic, P.P. from Richard A. Alaimo Associates was appointed as Planner under the “Fair and Open’ provisions of the law. Chairman Foulon said the Board is not going to vote on a Planner because the Board hasn’t solicited for a Planner and this will be held up until the next meeting. Chairman Foulon said he thinks by appointing Fred Suljic from Alaimo Associates, it would be a conflict of interest when you have your Borough Engineer and Planner from the same firm.
MOTION TO ADJOURN THE REORGANIZATION MEETING AT 7:45
P.M.: made by Member Slater, seconded by Member Di Meglio, carried by a
voice vote.
Meeting called to order by Chairman Foulon with a salute to the flag at 8:05 P.M.
ROLL CALL:
John Di Meglio
Mayor Daniel Mahler Ed
O’Connell
Joseph Graceffo John
Shutte
Kevin Platt
PRESENT:
Attorney Steven Veltri and Engineer Michael Cristaldi
MEMBERS ABSENT: William Rucci
This is a 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 January 5,
2007 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.
MINUTES: from the December 21, 2006 Meeting.
MOTION TO APPROVE: made by Member Graceffo,
seconded by Member Di Meglio, voting yes were Chairman Foulon, Members Di
Meglio, Graceffo, Platt, Slater and Shutte. Mayor Mahler and Members Verba and
O’Connell abstained.
COMMUNICATIONS/REPORTS:
Chairman Foulon announced that the Public Hearing for
Investigation of Areas for Redevelopment has been postponed to March 15, 2007.
No questions were asked on Communications.
APPLICATION STATUS: Engineer Cristaldi said
everything he has is on tonight’s Agenda.
NEW BUSINESS APPLICATIONS: The following new businesses
will be located at
Sam Cho – “Sushi Bar”. The owner of the business came forward. He said it would be both take out and eat in and only Sushi will be served. Hours of operation will be approximately 10:00 A.M. to 9:00 P.M. or 10:00 P.M. seven days a week.
Member Di Meglio asked about the garbage and waste that will be coming from this project and will they have one place for all of it? Chairman Foulon asked the developer, Mr. Falciglia to come forward to explain.
Mr. Falciglia said there will be a dumpster area in the back of the building set aside for garbage and recycling that will be picked up on a regular basis for all the tenants and it will be fenced in.
MOTION TO APPROVE AND SUBJECT TO ALL THE INSPECTIONS AS THE BUILDING IS FITTED OUT FOR THIS USE: made by Member Slater, seconded by Member Platt, voting yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Graceffo, Platt, Slater, Verba, O’Connell and Shutte.
Young Kwon – “Day Spa”. Mr. Cho from the “Sushi
Bar” said Mr. Kwon is his partner and couldn’t make it for the meeting tonight
and he will answer any questions the Board may have. Chairman Foulon told Mr.
Cho that he was told this would not be a “Day Spa” and will be a hair and nail
salon. Mr. Cho said there would also be manicures, pedicures, skin care and
waxing. Chairman Foulon asked if each operator would be licensed by the State
of
Chairman Foulon suggested the Board hold off on this application until the name is changed to “Nail & Skin Salon” and a new application should be submitted.
Soon Nyeo Chang – “Dry Cleaners”. Mr. Chang came forward and said cleaning will be done on premises. Chairman Foulon asked what kind of chemicals would be used and Mr. Chang said hydrocarbon. Chairman Foulon wanted to know what kind of odors does hydrocarbon put out and Mr. Chang said he could get some information on it. Chairman Foulon’s concern is that there will be a medical practice right above on the second floor and fumes might be bothering people especially if there will be professional offices upstairs. Chairman Foulon said before the Board can approve this application, they would have to submit a complete list of all the chemicals that will be used along with the MSDA Sheets for each chemical.
Therefore, the Board will hold off on this application.
Medical Office for Internal Medicine. Mr. Falciglia said the applicant couldn’t make the meeting tonight.
Pediatric Rehabilitation of North Jersey, Inc. Mr. Falciglia said the applicant decided the space was too small for this business.
Metro Markets, Inc. (Convenience Store). Mr. Falciglia said the applicant couldn’t make the meeting tonight.
APPLICATION #15-06 “Water’s Edge at Wanaque, LLC”,
Block 468, Lot 2, Block 469 Lot 2, Block 470 Lots 1 & 8, Block 471 Lots 1,
4, 8 & 11, Block 472 Lots 4 & 7
24 Townhomes and 72 Condominiums for Preliminary Site
Plan Approval.
Authorized Agent is Atty. George M. Capodagli.
Atty. Sam Presti came forward on behalf of the applicant. Atty. Veltri asked Atty. Presti who would his witnesses be tonight and Atty. Presti said tonight they would present their Architect, Genaro Salierno, Project Engineer, Patrick McClellan and Planner, Joseph Gurkovich.
Chairman Foulon announced that after each professional finishes his testimony, the meeting will be open to the public for any questions they may have to the professionals.
Atty. Sam Presti said there are additional exhibits that need to be addressed and they are; A-12 Revised Engineering Plans submitted by MCB Engineering with a revision date of December 21, 2006, Architectural Plans submitted with the revised engineering dated December 21, 2006 marked A-13, Planning Evaluation submitted by Joseph J. Gurkovich dated January 3, 2007 marked A-14, letter dated January 18, 2007 from Eng. Michael Cristaldi addressing the Architectural and Engineering Plans marked A-15. Atty. Veltri asked Atty. Kates, the attorney for “Skylands Clean, Inc.”, if he had any objections to these exhibits and he said no. Atty. Veltri said they are marking these exhibits in order to have an orderly hearing.
Architect, Genaro Salierno came forward for his
presentation. Architect Salierno began by saying this is one of the most
difficult projects he has ever started. Architect Salierno put up the plans on
the easel and starting describing the plans. He said the previous application
had four buildings and now there are six buildings, there are 34 townhouses in
four townhouse buildings and 72 units in two condominium buildings. The back of
the townhouses faces the lake. Architect Salierno began to address the comments
in
The condo buildings will also be like the townhouse buildings with vinyl siding, some brick and the front will have decorative railing for balconies. There will be two condominiums buildings 36 units each four stories; the first story is a garage, the three other stories are residential units. There are 13 units on the first floor, 13 units on second floor and 10 units on the third floor. The first floor has 9 apartments with two (2) bedrooms and four (4) apartments with one bedroom. The second floor is the same and the third floor there are eight (8) two- bedroom apartments and two (2) one-bedroom apartments. All the two (2) bedroom units have two bathrooms and the one-bedroom units have one bathroom and no dens.
The applicant has applied for a variance for maximum height for the condominium building that is 43’10”. Architect Salierno said he is actually showing a little less than that on the plans and the reason for that is that he needs more time to study the building, however, it will never be higher than what they are requesting. The height of the townhouse buildings from the front elevation to the main roof height is 30’10 ½.
Eng. Cristaldi told Architect Salierno your suppose to have 9 feet wide for each parking spot but they really don’t have 9 feet because of the column, therefore each of those spaces loses a little bit and Architect Salierno agreed. Eng. Cristaldi also asked about the space between the townhouse buildings and Architect Salierno said it is 10 feet and before the revision it was 12 feet, therefore a variance will be needed. There are 41 parking spaces in the condominium building and there is outside parking also.
Engineer Patrick McClellan came forward to explain the parking. The plans show a total of 263 parking spaces; 213 required by the RSIS therefore they’re in excess of 50 spaces. The breakdown is as follows: 82 parking spaces underneath the condominium buildings 41 in each structure, 48 parking spaces in the townhome garages, 36 parking spaces off street stripped, 62 spaces on street parallel spaces which is why they designed 30 foot pavement permitted to park on both sides and 35 parking spaces by the clubhouse. As per RSIS Requirements, each unit has to have a ½ of a space dedicated for guest parking and the rest of which is intended for residents parking; with that breakdown they are required 165 spaces for the residents of the 96 units. In the townhome, condo and in the stripped parking spaces, they have 166 spaces and those spaces would be intended for use by the residents and the on street parallel parking and the clubhouse would be reserved for guest use.
Atty. Veltri asked
Atty. Veltri asked if the height of any of the buildings
changed at all and
the Board to look at Page 3 of 17 from MCB Engineering.
Chairman Foulon asked where the front of the building is and was told towards
the bottom of the page. Chairman Foulon said he didn’t think so and that the
front of a building is on a road, not the back yard. Architect Salierno said he
disagrees and there is a planning strategy where you have car entrances from
what is perceived as the back and then the front entrances is only pedestrian
and this has been done many times in developments. Member Graceffo said
basically the building front is looking at four retaining walls and wanted to know what the
height of the retaining walls is. The one retaining wall is along the walkway
where there is only access from the right
side facing the building and no walkway to the left side.
Therefore, a resident or guest parking along the street side has to walk the
entire length of the building up the side then around to what they’re calling
the main entrance.
Chairman Foulon said the Board has every right to
disagree that the front of the building is what they’re calling the front and
what they’re calling the back and he thinks they have things backwards and that
the front of the building is on Road A. Eng. Cristaldi said the townhouses are
on Road B and that’s the problem, you can’t really get to the townhouses from
Road A.
Joseph Gurkovich, Planner came forward: Mr.
Gurkovich said everyone knows this site has topographic exceptional conditions
and in order to get the roads in and appropriate slope you have to accommodate
entries into the garages at a reasonable slope. Therefore, they have to bring
the driveways in the back and that allows you to bring the building up and work
with the slope. So if you’re providing for garages at the back it’s really not
good for an entrance to the building. Everyone can drive into the back but
sidewalks are provided to come around to the front. Mr. Gurkovich said in order
to minimize the topographic disturbance you have to work with the slope and the
best way to do that is to keep the road slope down and come into the back and
people can walk around.
Member Graceffo added that the Board recognizes that this
property has issues in terms of its topography, but as its being designed here,
its creating questions and problems and the Board is not saying they don’t want
the construction or the project, it’s the question of saying what’s being
offered to the Board is really not good enough.
Atty. Veltri asked Architect Salierno if he had a
rendering of the condos and Architect Salierno said he didn’t have time and
will provide one with front and back views for the next meeting.
Someone asked about the height of the retaining walls and
Architect Salierno said roughly 30 feet and some are 4 feet and are shown on
Drawing 5 of 13 from MCB Engineering. Member Graceffo asked if an emergency
vehicle was approaching the building, how would they access the building.
Architect Salierno said a police car would have to park as close to the
building as possible and enter from the front entrance. Member O’Connell said
an ambulance with a gurney coming to the front of the building would have to
walk up the hill. Architect Salierno said an ambulance would go inside the
garage but he really doesn’t know their procedures. Member Platt asked what kind
of ventilation is in the garage? Architect Salierno said they are trying to use
natural means of ventilation and if it doesn’t meet the code they will use
mechanical means of ventilation. Member Platt said if there was a car fire, the
fire apparatus couldn’t get in there and they would have to drag lines in there
to get to the car. Member Platt said if there were fans in the garage and there
was a fire, the fans would only make the fire worse, therefore the ventilation
system would have to shut down. Architect Salierno said that is something they
will have to look into and having two entrances.
Atty. Veltri said the Board would like to send the
revised plan to the Fire and Police Departments and the First Aid Squad for
their review and comments between now and the next meeting. Atty. Veltri added,
that it maybe a good idea to do a rendering on this building so the Board can
see a lot easier why they’re saying the front is the front and the rear is the
rear.
Planner, Joseph Gurkovich added that
MOTION TO OPEN PUBLIC HEARING: made by Member Slater, seconded by Member Verba,
voting yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Graceffo,
Platt, Slater, Verba, O’Connell and Shutte.
Atty. Michael Kates, “Skylands Clean” General Counsel came forward: Atty. Kates
asked Architect Salierno that he understood from the Planner’s Report the 19
affordable units will be confined to the condominiums and Architect Salierno
said that was correct. They will be one-bedroom units with square footage of
640 sq. ft. to 1000 sq. ft. Therefore, out of a total of 72 condos, 19 will be
affordable. Atty. Kates wanted to know how many parking spaces would be
diminished by columns. Architect Salierno said off hand he doesn’t know. Atty.
Kates also said he understood that some of the construction was not sprinkled
and Architect Salierno said that is correct and it’s the townhouses that are
not sprinkled. Atty. Kates looked at the plans and said in terms of fire
fighting equipment and accessing those non sprinkled units and there are no
fire lanes dimensioned on the plans, by what mode would a garage fire be
attended to by fire fighting equipment or any other featured fire on this side
of the project? Architect Salierno answered by saying he is not an expert on
that subject. Atty. Kates pointed out the comment in
Louis Bakula, 21 Gorge Drive, Haskell came forward. Mr. Bakula wanted to know which
direction does the front of the building face and Architect Salierno said it
faces south.
Sandy Lawson, 28 Haskell Ave., Haskell came forward. Ms. Lawson said
she thought she heard there were 166 parking spaces and was told by
Chairman
Foulon wanted to know about Item #1 on Eng. Cristaldi report dated January 18,
2007, and if there was any action on that. (Waiting for testimony concerning
the ownership of
Chairman
Foulon said he also noticed on Page 3 of 13 from MCB Engineering revision date
of December 21, 2006, on the drawing there is a note that says “Approximate
Location of Existing Structures. Actual Location, Status and Ownership to be
Determined”. Eng. McClellan said they had a Boundary Topographic Survey
submitted by Stewart Surveying, because of the information they had available
to them at the time of the survey and somewhat related to the comments that
Atty. Presti just offered to the Board, the surveyor would take an opportunity
to evaluate the submitted boundary survey once he had additional documentation
just to assure that what he’s done is accurate. What he has done is accurate,
but if more information becomes available he like to consider that, so as a
courtesy that note was included on the plan. Chairman Foulon said that’s all
right, but the Board wants to make sure they’re not encroaching on someone
else’s property. Eng. McClellan said just to clarify, Sheet 4 of 13 of the site
plan, the last revision date 6/12/06 from where the developer occurs on the
westerly side there will be an improvement of Lake St. running through the
intersection with Susquehanna Ave. and the dimensions of the pavement are 15
foot for the ingress lane and 6 foot for the island and 15 foot for the egress.
Mayor Mahler asked about the people who live there now and will they have to go
all the way in and come back out?
Member
Graceffo was concerned with the minimum distance to the roadway and required is
40 feet and now with the new architectural plan showing the overhang on the
second floor that only brings it to 4 inches and that to Member Graceffo is a
severe required variance. Even though they say its an overhang second floor, it
still brings the edge of the property line to a very small distance to a
roadway and that to Member Graceffo is a major concern and needs to be looked
at from a different prospective. Eng. McClellan responded and said they are not
asking to subdivide these properties, so there’s not a property line in that
vicinity and it’s a site planning issue that the Board is asking them to look
at.
Atty.
Veltri asked if there are any other sites that are constructed similar to this
site for the condominium buildings that they could tell the Board about and
maybe the Board could look at.
Member
Graceffo said another point is the safety concerns about the emergency vehicles
accessing the roadways and these buildings. It needs to be addressed in much
more detail than what has been presented.
Steve Sprinkle, 2 Seminole Path, Haskell came forward. Mr. Sprinkle
said he looked at the drawings this week and it looked like there was a
proposal for the resurfacing
of
a driveway. Mr. Sprinkle said he has access to
MOTION TO CLOSE PUBLIC HEARING: made by Member Slater, seconded by Member Di Meglio,
voting yes were Chairman Foulon, Members Di Meglio. Mayor Mahler, Graceffo,
Platt, Slater, Verba, O’Connell and Shutte.
Atty.
Veltri asked Atty. Presti if he was stipulating that the applicant would extend
the time limitations on the Board until the next Board Meeting and Atty. Presti
said that was correct. Atty. Veltri added that at the next Board Meeting the
architect would do the cross sections, renderings for the condominium building
and title search information if available. Chairman Foulon said to bear in
mind, that no action will be taken on this application until the title search
issue is resolved (concerning ownership of
MOTION TO INSTRUCT THE SECRETARY TO SEND THE PLANS TO THE
FIRE CHIEF, POLICE CHIEF, FIRST AID SQUAD AND THE FIRE SUBCODE OFFICIAL: made by Member Graceffo,
seconded by Member Verba, voting yes were Chairman Foulon, Members Di Meglio,
Mayor Mahler, Graceffo, Platt, Salter, Verba, O’Connell and Shutte.
Chairman
Foulon said, based on the comments that come back from the aforementioned
departments, the whole design might be changed and might be asking to spread
this project out and not worry about coverage. Chairman Foulon said lets make
this right so that they don’t create a terrible situation where God forbid
someone loses a life because they condensed everything. Chairman Foulon went on
to say, let’s start with a clean piece of paper after we hear from the
different departments and lets make sure we do it right.
OPEN TO PUBLIC DISCUSSION:
Sandy Lawson, 28 Haskell Ave. came forward. Ms. Lawson said with regard to this
particular project, has there been any change as far as the “LOI” from the DEP
determination
whether they’re in the sewer service area? Ms. Lawson thought she
read
in the paper where the Planning Board was going to hire its own Environmental
Expert and if the Board did and who is it. Eng. Cristaldi said Tom Carroll,
Borough Administrator was going to get someone the Borough used before.
Chairman Foulon thought it was the person they used on the Pulte Application and
he hasn’t been hired yet because he’s been away. Ms. Lawson wanted to know the
cost for that expert and Chairman Foulon said he didn’t know and the applicant
would bear that cost.
Bruce Lyons, 84 Burnside Place, Haskell came forward. Mr. Lyons said
he works for Telcon who acquired the piece of land next to the proposed
development. Mr. Lyons said from what he hears, the people that are below the
quarry said that there is a lot of blasting, vibration and noise from the
trucks. Telcon will be putting 1200 ton per hour crushers in that particular
area and there will be a lot of quality of life issues. This property that Mr.
Lyons is talking about is located in Bloomingdale and Chairman Foulon said the
Borough can complain about it but there’s nothing that the Borough can do about
it since its not happening in our town.
RESOLUTIONS: None
VOUCHERS: None
MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING
LEGAL MATTERS AT 10:07 P.M.: made by Member Graceffo, seconded by Member Slater, voting yes were
Chairman Foulon, Members Di Meglio, Mayor Mahler, Graceffo, Platt, Slater,
Verba, O’Connell and Shutte.
MOTION TO CLOSE EXECUTIVE SESSION AT 10:54 P.M.: made by Member Slater,
seconded by Member Di Meglio, voting yes were Chairman Foulon, Members Di
Meglio, Mayor Mahler, Graceffo, Platt, Slater, Verba, O’Connell and Shutte.
Chairman
Foulon announced that no action was taken in Executive Session, only discussed
pending legal matters.
MOTION TO ADJOURN AT 10:55 P.M. made by Member Slater, seconded by Member Di Meglio,
carried by a voice vote.
____________________________________
Gerri
Marotta,
Planning
Board Secretary