PLANNING BOARD MEETING
BOROUGH OF WANAQUE
MINUTES
Regular Meeting
December 20, 2007
Meeting called to order by Chairman Gilbert Foulon with a
salute to the flag.
ROLL CALL:
John Di Meglio David
Slater
Mayor Dan Mahler
Joseph Graceffo John
Shutte
Kevin Platt
PRESENT: Attorney Steven Veltri and Engineer Michael
Cristaldi
MEMBERS ABSENT:
Member Ed O’Connell
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 22,
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 November 15, 2007 Meeting.
MOTION TO APPROVE:
made by Member Di Meglio, seconded by Member Platt, voting yes were
Chairman Foulon, Members Di Meglio, Graceffo, Platt and Verba. Mayor Mahler and
Members Rucci, Slater and Shutte abstained.
COMMUNICATIONS/REPORTS: No questions asked.
APPLICATION STATUS: Engineer Cristaldi said he had no new
applications to report.
Chairman Foulon announced that a letter was received from “RSK Development” requesting another one-year extension on their application. Chairman Foulon said this would be the third and final extension. Stan Kazanowski, the developer came forward and said his attorney was on his way to the meeting. Mr. Kazanowski said he filed the “HPAA” waiver with the “DEP” and was trying to get an answer prior to this meeting but unfortunately “DEP” doesn’t move that quickly. He did speak to someone about this and was told that it takes about four or five months before he receives an answer.
Attorney Veltri told Mr. Kazanowski that the Board does
have his attorney’s letter dated December 10, 2007 and the original approval
was granted on December 18, 2003 and this
would be the third one-year extension and the last one that the Board could give him pursuant to the statute. Attorney Veltri asked Mr. Kazanowski if he would like to proceed with the Board taking a vote on the extension without his attorney being present and Mr. Kazanowski said yes.
MOTION THAT THE BOARD APPROVE THE ONE-YEAR EXTENSION ON THE APPLICATION AND THE EXTENSION WILL RUN UNTIL DECEMBER 18, 2008:
made by Member Graceffo, seconded by Member Rucci, voting yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Graceffo, Platt, Rucci, Slater, Verba and Shutte.
PUBLIC HEARING ON THE DRAFT
“REDEVELOPMENT INVESTIGATION REPORT” FOR THE
Atty. Veltri announced for the record, that the notice sent out is in conformance with the statutory requirements and published twice and mailed to all property owners within 10 days of this hearing, therefore, the notice requirements have been met by the municipality. Atty. Veltri would also like to inform the public on what the Board is trying to do tonight. Atty. Veltri proceeded to say that the governing body has authorized the Planning Board to undertake a preliminary investigation to determine whether the proposed area is a redevelopment area in accordance with the criteria in the statute. We will hear a report tonight and hear evidence and testimony and the public will be given an opportunity either tonight or at future meetings to ask questions and to air any and all objections. At the completion of the hearing the Planning Board will recommend that the delineated area be either determined as or not determined as a redevelopment area. The Planning Board will send their recommendation to the municipality and then they will either act on it or not act on it. This is a preliminary investigation and the Board knows that there are concerns and the Board is going to take testimony in an orderly fashion. A final decision will probably not be made tonight and there will probably be future meetings on this.
Chairman Foulon asked Consultant, Robert Benecke to come forward and to proceed.
Mr. Benecke said he was
here to present the Draft Redevelopment Area Report to the Planning Board and
this was commissioned by the Borough Council approximately one and a half years
ago. Along with Bob Benecke, here tonight is Dr. Henry Coleman an associate of
Mr. Benecke’s firm, and also Professional Planner, Fred Suljic. Atty. Veltri
asked these gentlemen to all stand and swore them in.
Mr. Benecke proceeded to tell the Board that the Borough
of Wanaque engaged Benecke Economics approximately three years ago to develop
scenarios to increase the tax base and improve the general Haskell area. Two
redevelopment areas resulted from the first work; the first was the Candle
Factory Property that is now being constructed and hopefully there will be over
100 housing units built along with some moderate affordable housing units. The
second redevelopment area is what is called
Dr. Henry Coleman is a PHD in Economics from
Community and Planning Expert, Fred Suljic is a former
Planner for Sussex County and Professional Planner in the State of N.J.
Mr. Benecke said on July 10, 2006, the Mayor &
Council adopted Resolution #122-0-06 and included approximately 30 plus
properties to be investigated by the Planning Board and by these gentlemen here
tonight to determine if that area should be designated as an area in need of
redevelopment pursuant to NJSA40A:12A-5 & 6. Mr. Benecke said the
properties being investigated were seen seasonally and as each season changed
they wanted to see what the properties looked like particularly winter without
the leaves and summer with the leaves on and also with growth and vegetation
and how the various seasons might impact Ringwood Avenue. The Planning Firm of
Kauker & Kauker examined this area approximately 5 years ago. The report
was prepared to assist the Wanaque Planning Board and the Council in their
deliberations regarding the potential area in need of redevelopment. Mr. Benecke
read into the record the disclaimer and proceeded to go over the maps that were
in the report. Based on the analysis thirty-four (34) total properties are
being studied in this report and the total project area is approximately 6.8
acres. There are four (4) residential houses that were suggested not be
included because they can’t find evidence for them to fit the statutory
criteria and they are Block 436 Lot 8, Block 448 Lots 3, 4 & 5 and front
Ringwood Avenue and they feel are reasonably well maintained.
The fifth property they’ve debated on for the last several
months is at 11 Brook Street, Lot 4 Block 437 and that particular property is
reasonably well maintained with no exterior garbage, no paint pealing, no rash
of “DEP” or property maintenance code violations. If this were a standalone
property it would be considered with the other four properties mentioned. So,
if the Planning Board does decide that it is strategically located, they may
want to include it with the condition that a redevelopment plan in the future
that requires the inclusion of this property be accomplished first or be
prepared first or be presented first prior to its designation. This property is
right in the heart of the redevelopment area and you may want to consider that
the property be relocated to perhaps the southwest or northwest corner of the
area. This five-block area consists of a mixture of residential and commercial
properties; while some are very well kept, the majority has a rundown
appearance and the storefronts of a high vacancy and turnover rate. The
municipality stepped in and acquired one of these properties, on the corner of
Doty Road and Ringwood Ave. Mr. Benecke said they have a specific chart where
they show a highlight of the property conditions at each property by Block
& Lot designation and the applicable criteria under the statute. They also
do an economic analysis of the tax assessments and the property values in the
study area and they test that against the total property values and the
improvement values of the Borough of Wanaque; that analysis is included on Page
17 through Page 21 in the report. In this area of town, the land value is
actually more than the
improved value; and
that’s one of the standard proofs that there is a lack of utilization. On Page
21 and 22, they talk about the revised Master Plan, and the Master Plan
indicates that the
Dr. Henry Coleman came forward. Dr. Coleman
explained that he is relatively new to Mr. Benecke’s company. Dr. Coleman said
he really does believe that part of the process that calls for participation by
affected property owners in the area and by residents more generally in the
community is an important part of the process and one that Dr. Coleman thinks
is well worth encouraging. Dr. Coleman’s job tonight is to come here and listen
and try to understand what some of the concerns being raised by the Planning
Board and the general public are and then to work with Mr. Benecke and Mr.
Suljic to try and figure out how they can best respond to some of the comments.
Professional Planner Fred F. Suljic came forward.
Mr. Suljic said he’s been in this profession for about 35 years. Mr. Suljic’s BS Degree is in Landscape/Architecture and a Master’s
Degree in City/Regional Planning from Pratt Institute of Architecture.
He has worked for
Some pictures of the area were presented into evidence
for the Board and there are another set of pictures in the Borough Clerk’s
Office dated July 10, 2007.
Chairman Foulon said that he and the Board Members showed
up on Saturday, December 8th and walked the total redevelopment
area. Chairman Foulon reiterated that this is just an investigation as to
whether the Board is going to recommend to the Mayor &
Council that this area be designated as a redevelopment area. Atty. Veltri said
the Board has a report dated October 9, 2007 and Mr. Benecke said they should
have a report dated November 9, 2007. Atty. Veltri said the Secretary should
have an accurate record and that Mr. Benecke’s report should be marked A-1 and
the pictures A-2.
CHAIRMAN FOULON MADE A MOTION TO OPEN MEETING TO THE
PUBLIC: Carried by a
voice vote.
Helen Thompson came forward. Ms. Thompson wanted to know how do you
expect people to improve their properties when this redevelopment issue has
been hanging over their heads? Ms. Thompson also said
the people who live there have been living there for years and expected to live
and die in their homes and now they have to be up-rooted.
Mr.
Benecke said no one is talking about anyone being up-rooted or to leave their
homes or properties and businesses. What they are saying, if the Council
designates the area in need of redevelopment, that they work with the property
owners and tenants to be located within a new project or within another project
in the town. Mr. Suljic said he is a COAH expert and works on these types of
projects all the time. What they are recommending is that those places that
these people live in are improved and the rash of “DEP” violations and
construction code violations be eliminated quickly and
that these people live in better conditions.
Scott Byrne, 7 Brook St. Apt.3 came forward. Mr. Byrne said there is no garbage
outside other than the scheduled time for garbage pick-up. Mr. Byrne said there
is some garbage in the front but not in the back. Mr. Byrne’s point was if
there’s garbage in the front, it should not affect the back. Mr. Benecke said
they are not picking on anyone and certainly just because there’s a bit of
garbage strewn about or there could have been a windy day; that is not the sole
and exclusive reason for recommending that the statutory conditions are met. It
includes things like the setbacks on the lot lines, the disjointed front yards,
disjointed and fragmented properties, properties
appear to be underutilized given the land value and the improvement value.
There’s also a package of “DEP” Reports and Property Maintenance Code Reports
that show the conditions of the properties could be improved.
Mr.
Byrne wanted to know who determines the value of these properties?
Mr. Benecke said the floor is determined by the tax assessment records and also
the tax assessment multiplied by the equalized value. Mr. Byrne also wanted to
know if they would impose Eminent Domain? Mr. Benecke
said Eminent Domain is always the last measure and it’s always the last measure
for any residential property. Commercial Property is generally a little bit
different, particularly those along
Barbara Frank Potash came forward and resides with her son who owns the
property at
Ms.
Potash told Mr. Benecke that many people are very upset because they’ve been
led to believe that this is all going to come down to Eminent Domain and they
will loose their properties. Mr. Benecke wanted to know who led them to believe
that. Chairman Foulon spoke up and said that’s why we’re having this meeting
tonight. Chairman Foulon added, that a lot of people
would like the south side of
Mr.
Benecke told Ms. Potash to get his phone number or e-mail address from Tom
Carroll, Borough Administrator and call him anytime.
Victor Calabrese, Block 437
Larry Montanyne representing Henry & Carmell Martin,
1103-1105 Ringwood Ave.
Mr. Montanye said Block 437 Lot 7 & 8 which is a brick store front
converted to an office with attached residences built in 1920, garbage strewn
on the ground. Mr. Montanye wanted the professionals to read to him where A, D
& E is. Mr. Montanye was very upset over the generalization of his property
on page 10 letter A. He operates a business by the name of “Climate Control”
founded in the town of
Mr.
Benecke wanted everyone to know that there is no redevelopment plan and they are
not suggesting that any property be taken, or be changed, and are not
disparaging anyone’s business, they are just saying it could be done better.
Jean Bakula, 21 Gorge Drive came forward. Ms. Bakula said in Wanaque there is a
problem with meeting the COAH obligation. Ms. Bakula said if this area is
redeveloped it seems that they want to make a twin of the Haskell Towne Centre
and a lot of these people live there and is mostly a residential area. Ms.
Bakula wanted to know if the Borough was going to be prepared to offer them a
fair amount of money for their homes if they are displaced?
Chairman Foulon said he believed so. Mr. Benecke said yes also and as he said
before, they don’t believe looking into the future that a companion piece to
the north of
Unidentified man came forward: He wanted to know who controls the controlling
amount of the investment. Mr. Benecke said the property owner.
Michele Peterffy, came forward: Ms. Peterffy stated she
doesn’t live in Wanaque. Ms. Peterffy wanted to know if a building is owned by
three different people, would that building be
separated individually? Mr. Benecke said the value would be separated
individually between the partners.
Robert Scott, 273 Central Ave., Hawthorne, N.J. came forward. Mr. Scott use
to live at
of
the Borough, looking at certain financial and economic impacts is another such
as “COAH”, and the Candle Factory and Ringwood Avenue Phase I. Mr. Benecke
disagrees that the “Phoenix Club” strip is the only serious dilapidated
property and they think there’s more than that and they also think that there’s
a certain look and feel along Ringwood Ave. that needs to be improved. Mr.
Benecke added that there have been several summonses that were issued by the
“DEP” and by the Borough for Property Maintenance Code Violations.
Scott Walker, 1135-41 & 1161 Ringwood Ave. came forward. Mr. Walker said
that this is a process and trust that the town fathers will take their time and
carefully craft a plan that will take into consideration the needs of the
residents in the area so that nobody is displaced and that people have the
right to develop or not develop their properties as they see fit.
CLOSE PUBLIC PORTION:
Chairman
Foulon announced that this hearing will continue at the next meeting of January
17, 2008 and the Reorganization Meeting will be at 7:30 P.M. and the Regular
Meeting will be at 8:00 P.M. Chairman Foulon said maybe at that time, the Board
might be prepared to move on this and recommend it to the Mayor & Council
or not recommend it.
Chairman
Foulon announced that tonight he is going to appoint a committee to meet with
the professionals and to discuss these special properties that are in this
redevelopment area.
Chairman
Foulon also told the audience that if anyone has any questions, these
professionals would be more than happy to talk to them on the phone or meet
with them here at the Borough Hall. Chairman Foulon added that they would not
be getting another notice; the notice is here tonight and will be heard again
next month.
RESOLUTIONS: None
VOUCHERS: None
Chairman
Foulon put together a committee consisting of Members Joseph Graceffo, William
Rucci, John Shutte and Kevin Platt and they will meet on Tuesday, January 8,
2008 at 7:30 P.M. in the upstairs courtroom.
MOTION TO ADJOURN AT 10:26 P.M.: made by
Member Slater and seconded by Member Shutte, carried by a voice vote.
_____________________________
Gerri Marotta
Planning
Board Secretary