PLANNING BOARD MEETING
FEBRUARY 20, 2003
BOROUGH OF WANAQUE
Meeting called to order by Chairman Gilbert Foulon at 8:00 P.M. with a salute to the flag.
ROLL CALL:
Chairman Gilbert Foulon Kevin Platt
Mayor Warren Hagstrom David Slater
PRESENT: Attorney
Steven Veltri and Engineer Michael Cristaldi
MEMBERS ABSENT:
Joseph Graceffo, Eugene Verba and Thomas Balunis
Reading:
Open Public Meeting Announcement:
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 17, 2003 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 Reorganization & Regular Meeting of January 16, 2003.
MOTION TO APPROVE: made by Member Platt, seconded
by Mayor Hagstrom, voting yes were Members DiMeglio, Mayor Hagstrom, Brindisi,
Platt and Slater.
Chairman Foulon abstained.
COMMUNICATIONS:
No questions asked.
APPLICATION STATUS: Eng. Cristaldi said the only
new application is the one on the agenda for tonight.
NEW BUSINESS APPLICATION: “LeChic Chocolates & Treasures” (Candy
Store), 585 Ringwood Ave., Block 232 Lot 11, Wanaque, N.J. Owners of building
are John & Grace Maiello, owner of store is Marianne Fuscarino.
Ms. Fuscarino came forward and explained she owns a
florist shop in town and the town has been really good to her and she wanted to
do something else and more creative. Ms. Fuscarino said the candy store would
be similar to the Pennsylvania Chocolates and Candy from years ago. Mayor
Hagstrom said there is very little parking there and was wondering if she could
make some kind of arrangement with the people next door to park cars there. Ms.
Fuscarino said she would try and
especially for the holidays with Easter coming up.
Chairman Foulon said all inspections are in compliance.
John Maiello, owner of the building stepped forward and
told the Board there are 13 side street parking spaces and three in front of
the building and said if the Chinese Cleaners refuses the chocolate store to
use their spaces there is nothing that can be done. Mayor Hagstrom said that’s all-right, but he wants the owner to
make an attempt anyway. Ms. Fuscarino said she would also ask the cleaners if
she could use any of their spaces.
MOTION TO APPROVE: made
by Mayor Hagstrom, seconded by Member Slater, voting yes were Members DiMeglio,
Chairman Foulon, Mayor Hagstrom, Brindisi, Platt and Slater.
NEW BUSINESS APPLICATION: “RFM” Services Inc.”
(Cable Television Installation), 93 Fourth Ave., Block 432 Lot 35, Haskell,
N.J. Owner of building is Piuck Real Estate LLC, owner of business is Robert
McLaughlin.
Mr. Daniel Piuck the senior member who owns the property
came forward. Mr. Piuck said there is a 1,000 sq. ft. of industrial space and the
people who want to rent it will be using it as a warehouse. Mr. Piuck said
there will also be a small office in the building. The only inspection not completed was the Fire Prevention Bureau.
Member Platt, who is involved with the Fire Prevention Bureau, told the Board
he knows the building and everything is good there and he told Mr. Piuck to
make sure all the extinguishers are mounted.
MOTION TO APPROVE: made by Member DiMeglio,
seconded by Member Slater, voting yes were Members DiMeglio, Chairman Foulon,
Mayor Hagstrom, Brindisi, Platt and Slater.
APPLICATION #16-02 “RSK DEVELOPMENT CORP.”, MOUNTAIN
AVE., BLOCK 240 LOT 14. Application for
Preliminary and Final Site Plan Approval to allow the construction of 18
Townhouse Dwelling Units. Authorized Agent
is A. Michael Rubin, Esq.
Atty. A. Michael Rubin, 1330 Hamburg Tpke., Wayne, N.J. came forward on behalf of the applicant. Atty. Rubin explained that this evening he would like to give an overall look at the project and added that he doesn’t have the site engineer available for this evening. Atty. Rubin said that Joseph G. Marra, Architect Landscape Architect Planner, 7 Waterloo Road, Stanhope, N.J. who is here this evening will explain to the Board what the project will look like, how it will be constructed and the overall concept. Atty. Rubin told the Board that over the last week or two, he received a number of responses from people in the community. Atty. Rubin received literature that others in the community have prepared and apparently there is some confusion as to what the application is all about. Atty. Rubin said make no mistake,
this is a Mt. Laurel Application. This is an application that comes under what is called “The Mt. Laurel Doctrine”. Atty. Rubin went on to say, that this community approved this site as what is called an affordable housing site. The applicant is proposing 18 dwelling units to be built in a townhouse configuration. Townhouse meaning, its up and down their not flats, each owner will get their own little rectangular piece in a fee simple deed which will be described in a filed map that is filed with the County Clerk. All other parts of that community, outside of that little triangle, will be owned by a homeowners association, and the homeowners association is responsible for paying taxes, upkeep, insurance and etc. for all of those common elements. Atty. Rubin said the main issue tonight is to let the Board and the residents know what the applicant is proposing to do. Atty. Rubin, the applicant and the Architect are here tonight because a number of years ago, the Supreme Court of the State of New Jersey sought fit to give what is called the Mt. Laurel Doctrine to allow affordable housing, meaning low and moderate housing in communities throughout the state. Although there are 18 units, being proposed for this application, only 3 units are proposed for affordable housing, thus 15 are what is called market-rate units. Atty. Rubin reiterated by saying, the Supreme Court of New Jersey sets the ground rules whether you like it or not.
At this point, Atty. Rubin presented Architect, Joseph Marra who planned the site and put it together and designed it.
Atty. Veltri said he appreciates Atty. Rubin’s comments
on the record and they are accurate to the extent that this municipality does
have certification from COAH and there is an ordinance in place that was
approved by COAH. Atty. Veltri said the Board will be looking at the ordinance
that is in place when looking at the variance requests and the Board will be
applying that ordinance to the application.
Chairman Foulon told Atty. Rubin, as he already knows
because it was discussed with Atty. Veltri, the application is not complete.
Atty. Rubin agreed and said the application requires several more reports.
Chairman Foulon said the application will not be deemed complete tonight but in
the interest for the people who did show up for tonight’s meeting, it is
prudent to continue especially to allow the public to have their here-say and
their questions answered. Atty. Veltri added the Board will need and does
require the Environmental Impact Statement, Fiscal Impact Analysis Study and the Traffic Analysis Study which
are required by ordinance. Chairman Foulon added that the applicant does not
have to re-notify.
Atty. Veltri swore in Architect Joseph Gerard Marra, Jr.
Architect Marra is a graduate of the N.J. Institute of Technology Class of 1977
where he received a 5 year degree Bachelor of Architecture, he’s been in the
profession since he graduated, received his license in the State of N.J. in
1982, and started his own practice in 1988, a licensed Professional Planner in
the State of N.J. and a licensed Landscaped Architect in the State of N.J.
Mr. Marra described the site as a wooded site with
several oak trees and trees of other variety, a site with rock outcroppings,
slopes, naturally vegetated, there’s
evidence that a house once stood on the site, the remains of an old driveway, and utility pole on the site that needs an overhead wire. Atty. Rubin asked if there were any improvements on the site and Mr. Marra said no. Mr. Marra brought with him site plans that were mounted on an easel. Mr. Marra proceeded to say that the site is located towards the end of Mountain Ave. that is a dead end street. Mr. Marra said they tried several different ways to fit 18 housing units on this site. Atty. Rubin asked how they arrived at 18 units. Mr. Marra said they looked at the ordinance
that was approved in October of 2001 and it was this
particular site which is 2.6 acres that was rezoned for townhouses or multi
family dwellings what is called an AH-2 Zone and it permitted 18 units and also
required affordable housing. Therefore, when they looked at the site, they
looked at it with regard to all of the ordinances they were aware of and went
through the requirements of the proposed ordinance change and tried to fit 18
units in order to accommodate the bulk requirements for the site. They did do
different studies and looked at different size houses, one bedroom, two
bedrooms, three bedrooms, a combination of those and also just three bedroom
units. After walking the site and becoming familiar with it and what would best
suit the site, in terms of aesthetics as far as how to group the houses and how
to enter the site, it became fairly obvious after walking the site several
times on how to do this and how to situate the houses on the site. Therefore,
they did a number of studies to determine the scheme they are presenting
tonight.
Mr. Marra described each sheet of the site plan that was
on display which when on for about a half an hour. Some of the units will have
basements and others only a crawl space because of the typography. Mr. Marra
did say each unit will have a garage and driveway and there are additional
parking spaces on site. They could get more, but they chose to use the RSIS
Standard, which is 2.4 parking spaces per unit for a three-bedroom house, and
this site has 2.6. The utilities will be underground, electric is required to
be underground, and they do have their own utility plan. Mr. Marra said the utility company that
services this area does have a copy of the plans and the utility company does
design their own underground utilities. Mr. Marra also went over the lighting
plan that was done by the utility company with a series of decorative light
poles that would be 12 ft. high with 150 watts.
Mr. Marra explained that there is an existing sanitary
main on Mountain Ave. that they will be tying into and they would also be
constructing a new sanitary main and the first two groups of units would be a
gravity flow and the rear two groups of units the sewage would flow to a
proposed pumping station. Atty. Rubin said that pumping station would be owned,
operated and maintained by a future Home Owner’s Association. Chairman Foulon
asked if the sewer authority was aware of this and do they have the capacity?
Mr. Marra said he understood the capacity is there for the sewage and this
application would require a sewage treatment works approval, which is a DEP
Permit. Mr. Marra said they can’t file for that until they get a final approval
from the Borough. Both Chairman Foulon and Member DiMeglio said they don’t
think the capacity is there. Atty. Rubin said the applicant
visited with Greg White, Plant Superintendent at the
Sewer Authority and the applicant was advised that this sewer plan was
acceptable and there was capacity for this project. Member DiMeglio spoke up
and said the Sewer Authority isn’t even sure if they have capacity for the last
application that has 755 units. Member DiMeglio said once the treatment plant
reaches 80% capacity then you have problems with the DEP.
Mr. Marra continued and said, Eng. Cristaldi pointed out
that water is a problem. Mr. Marra said they propose to run a new 8” water main
up Mountain Ave. and reconnect the houses along Mountain Ave. to that main and
then bring that main onto their site that would service the houses and three
fire hydrants. Mr. Marra said that plan supposedly isn’t going to fly because
water is not available at this time. Eng. Cristaldi, in his report of February
12, 2003, recommended that the applicant should agree to supply his own water
via on site wells as other applicants in the past have done because the Borough
cannot guarantee they will be able to obtain additional water supplies.
Chairman Foulon asked if the applicant would be willing to drill the wells and
install a tank and then turn it over to the municipal water system? Atty. Rubin
answered and said, they really haven’t reached that far in their thinking.
Mr. Marra talked about the drainage and said the site is
divided into three sections and each of the three sections is treated by an
individual drainage system. According to the RSIS Standard in the State of N.J.
they are required to design for a Two Year, Ten Year and Hundred Year Storm.
They are required to retain on the site 50% of the Two Year Storm, 75% of the
Ten Year Storm and 80% of the Hundred Year Storm. Their engineer has provided a
series of underground pipes that retain and release the water at a controlled
rate. At the two front sections of the site, the water is being released into a
pipe system being tied into the street water system. The rear portion of the
site, because of the pitch involved, is being released over land through a rock
system designed to disburse the water off the site. According to the engineer
who designed this plan, they will actually be releasing less water to the rear
of the site than goes there now.
Mr. Marra described the units by saying; the units have
1950 sq. ft. of livable space plus a garage. The downstairs portion has a
living room, dining room, eat in kitchen, powder room and a coat closet. The
living room is 15’6”, kitchen is 12’ X 11’, there’s an additional 11’ X 11’
dining space, a proposed fireplace, the units will be built according to code
with a 2 hour fire separation wall. Upstairs there are three (3) bedrooms, a
sitting area at the top of the stairs, laundry room and two ½ baths. The
exterior would have an out-cove entrance which is bordered by the two garages,
bay windows, in the rear the units have a sliding door at grade level with a
concrete patio.
Atty. Rubin said that this presentation is just a general
overview of the application.
Mayor Hagstrom asked Engineer Cristaldi to go over his
report dated February 12, 2003. Eng.
Cristaldi mentioned the fact that the ordinance says that you’re allowed
a maximum of 18 units and that doesn’t mean you have to
have 18 units and depending how they fit on the site. Eng. Cristaldi mentioned
he also said in his report the distances between the buildings were a little
tight and Eng. Cristaldi has
some concerns about the water and sewer which were
addressed tonight. Eng. Cristaldi also had some problems with the drainage.
Their engineer claims they’re going to reduce the run-off, but from the way
they did the contours they’ve concentrated the flows in some places so that it
leaves the property as a point discharge instead of a sheet flow. The discharge
is very close to the property lines so once it leaves the property you’ve
already concentrated it onto the neighboring properties. Eng. Cristaldi also
added, his concerns about the drainage is because this project is on a higher
elevation and he wanted to make sure they took a look at the drain lines in the
street. Eng. Cristaldi mentioned the Steep Slope Ordinance and said that they
submitted some calculations, but Eng. Cristaldi said they missed one of the
larger areas, therefore, they’re exceeding what you’re allowed to disturb on
the site considering the slopes. Eng. Cristaldi added, there are no
turn-arounds provided and there is only one cul-de-sac at the back. The problem
he has with the dead ends is that they would be running water mains down those
streets and water would be sitting there getting stagnant. Eng. Cristaldi said
his general conclusion is that you run into these problems because there are so
many units on the site.
Chairman Foulon mentioned there is no emergency access on
this site. Mayor Hagstrom asked Eng. Cristaldi if a fire truck could turn
around on this site and Eng. Cristaldi said a fire truck would have to maneuver
a number of times because the fire truck could not turn around at the
cul-de-sac and at the dead end streets the fire truck would have to back out.
Atty. Rubin said there is no place to put an emergency access and added they
did know the ordinance said they needed one and there is just no place on the
site for a secondary access. Eng. Cristaldi said if they have less units, they
can reconfigure the site so that you don’t have these little trails and roads
trying to get to all spots on the site.
Planner Jill Hartman said her concern is that the
entrance road has no buffer to the external lot line. The requirement is 15 ft.
and they have maybe three (3) or four (4) feet. Ms. Hartman said they should try and buffer the adjacent
lot. Ms. Hartman mentioned that the
ordinance permits three (3) stories and 40 ft. and it may not be that 18 units
can fit or maybe that 18 units can fit, they just can’t fit possibly in the
configuration as they are. Ms. Hartmann also said, COAH does require, only
there will be four (4) units on this site, a one bedroom, a two bedroom, a
three bedroom, they are not all just three bedrooms, and the applicant may wish
to look at that. Ms. Hartmann explained for the benefit of the audience, the
Borough’ figure originally was 369 affordable units, of which 41 of those units
are rehabilitation units. That means, existing units in the municipality that
are occupied by low and moderate income individuals or households that need to
be rehabbed. There were 328 units of
new construction affordable housing that needed to be built. COAH takes a flat
6 units an acre so you are looking for an additional 1800 units that would be
required
to be built in the town. The municipality took the
position that we did not have the vacant land available, given the fact that we
have Ramapo Forest and the Watershed Properties, it became obvious that the
municipality is centrally located in the valley and there really isn’t any land
left to develop or very little. The municipality took the position that only
larger lots should be used for development since it is a very tight knit
community. The municipality suggested two sites and COAH came out three times
to look at the municipality. The sites that the municipality proposed, and the
Mountain Ave. site was declared not developable by the municipality because of
the slopes, the COAH said it must be included in the plan if the municipality
wants certification. Ms. Hartmann recommended that the applicant have a lesser
or no impact on the surrounding community and the applicant may wish to look at
a variety or a mixture of units to decrease the foot- print and to increase the
buffer and the landscaping and to move the road away from that one particular
lot.
Mayor Hagstrom asked if the affordable units have to be
constructed the same way as the rest and Atty. Rubin said they must be
constructed the same as the rest of the units. Member DiMeglio asked how much
the units for the affordable housing would be. Ms. Hartmann said it depends on
the income of the family. A family of four can earn approximately $50,000 to
$60,000 so it’s a formula that is used and an individual of one can earn up to
$20,000.
Chairman Foulon announced the meeting will be open for
Public Discussion and only on the testimony that was heard tonight and the
application is not complete and was brought to the attention of the developer.
OPEN TO PUBLIC DISCUSSION: made by Mayor Hagstrom,
seconded by Member Slater, voting yes Members DiMeglio, Chairman Foulon, Mayor
Hagstrom, Brindisi, Platt and Slater.
Lori Bull, 14 Prospect St. came forward. Ms. Bull asked
Atty. Veltri about the notification process. Atty. Veltri explained all
properties within 200 ft. have to be notified, the applicant goes to the Tax
Assessor and the Tax Assessor will issue a list of property owners and the
applicant has to notify the people by certified mail. The people who object
come to the public hearing and are heard and they have the right to retain
counsel if they object to the Board’s decision. Ms. Bull brought up the matter
in Oakland, where homes were built on steep slopes and the Planning Board and
the town is being sued for letting this go forward. Chairman Foulon said the
Board will probably be sued whether we approve it or not. Chairman Foulon also
stated, that the Board is requiring a Financial Impact Study from the applicant
and that is one of the reasons why the application is not complete. Ms. Bull
also wanted to know what happens if one of the affordable units gets resold.
Ms. Hartmann said there’s a whole section in the ordinance on how you resell
the affordable unit.
Ms. Bull wanted to know if there will be re-notification if this plan is changed.
Atty. Veltri said normally not, and what happens at the
end of the night, the meeting is rescheduled for the next meeting. Ms. Bull
also mentioned she is very concerned over the water and sewer capacity.
William Barna, III, 12 Mullen Ave. came forward. Mr.
Barna wanted to know if the developer has to downsize the project will the
number of affordable units change. Ms. Hartmann said its normally 20% set
aside, so if it should go down to 16 units, then the affordable number would be
3 units. Mr. Barna said he knows the site and said there’s a lot of rock and
wanted to know if they would be blasting and that is very important to him and
the neighbors because of the risk of damage to their homes and their wells.
Chairman Foulon said that question will probably be answered at the next
meeting when their engineer will be present.
John Maiello, 26 Rhinesmith Ave. came forward. Mr.
Maiello wanted to know the projected cost of the units. Atty. Rubin said they
will probably know by the next meeting. Mr. Maiello mentioned the developments
on Conklintown Rd. and the Pulte Adult Community going up behind Highland Ave.
had to decrease their number from 1200 to 755 because of the sewer capacity,
therefore, how can you find capacity for this project. Mr. Maiello also wanted
to know if each one of these units will be paying a water bill and sewer fee
because it isn’t fair for them to get a bulk rate when everyone else in the
Borough has to pay their own water and sewer fee. Chairman Foulon said, he
thinks they’re going to be supplying their own water because the Borough
doesn’t have the water for them. Mr. Maiello wanted to know if Mountain Ave. is
wide enough. Chairman Foulon also said, at the next meeting they will have a Traffic
Study ready. Mr. Maiello asked if there were going to be sidewalks along
Mountain Ave. and Chairman Foulon said they are required to have sidewalks for
that development and they will see if they can require the developer to put
sidewalks along Mountain Ave.
Robert Barbagallo, 48 Short St., came forward. Mr.
Barbagallo concern is that there are a lot of children who are on Park St. more
than Mountain Ave. and the streets are very narrow and a lot of traffic.
Building 18 units with three bedrooms, doesn’t seem to be a good idea. The
slopes are another problem and once they start taking the trees and vegetation
away where will the water go. Another problem he said is the rock ledge and the
all the blasting they’ll be doing. Mr. Barbagallo said there are wetlands on
this site as well. Ms. Hartmann told Mr. Barbagallo there is an Environmental
Impact Statement that is required and they will have to address the issue about
wetlands. Another concern of his is the noise and lighting pollution this
project will generate.
Robert Ferdon, 34 Fredericks St. came forward. Mr. Ferdon
said he lives across the street from a house that burned twice in one day two
years ago because the fire trucks couldn’t get to it. The road going up
Mountain Ave. is tight there’s no buffer between the parking lot and the
street, no place for the fire trucks to get in and out, there’s no egress for
them to leave the second time, and to him it sounds like a death trap.
Scott Castiglia, 27 Grove St. came forward. Mr. Castiglia said he came to Wanaque about 5 years ago from Bergen County. The reason the Castiglia’s chose Wanaque was because they saw it as an up and coming nice neighborhood to live and because they didn’t see it as a neighborhood to become saturated with building lots. Mr. Castiglia has children and dogs and they like to hike around and enjoy the open area and Mr. Castiglia just doesn’t want the project. Chairman Foulon responded to Mr. Castiglia and said, unfortunately we live in the State of N.J. and the state takes away the rights of this Board. Chairman Foulon said there is new legislation pending that would give the Board more power to turn things down, but right now that is not the case. Chairman Foulon added if they have to give their approval, then it’s the Board’s duty to make sure it is done properly and safely and in the best interest of the community and Chairman Foulon promised that’s what will be done.
Yvette Stoker, 4 Park St. came forward. Ms. Stoker said she moved to Wanaque a little over a year ago and liked the idea of having deer in the backyard and turkeys running across the road. Ms. Stoker wanted to let the Board know why Wanaque attracts educated people with good jobs and that’s because Wanaque is a special place.
Debbie Diamond, 34 Mountain Ave. came forward. Ms. Diamond said her father, Robert Ricca, lives at 33 Mountain Ave. and wasn’t able to come tonight. Ms. Diamond read a letter that her father wrote in regards to the project. Mr. Ricca mentions in the letter he has served on the Board of Adjustment for more than fifteen years and in his opinion, while he would like to see the property developed, he feels 18 units is far and excessive of what is appropriate for this site. Mr. Ricca’s letter mentioned different aspects of this project and his feeling why the project is too large for that amount of property and requests that the members of the Planning Board deny the application as filed and ask the applicant reapply or modify the application to a maximum density of no more than six (6) to ten (10) living units.
Thomas Owens, 10 Prospect St. came forward. Mr. Ownes concern is the amount of traffic this project would generate in regards to the old bridge next to his house. Chairman Foulon said the Board is requiring a Traffic Analysis Study and this would have to be submitted before the application is deemed complete.
Wayne Rumsey, 75 Grove St. came forward. Mr. Rumsey said, originally the homeowners
were opposed to the Pulte Development and it being 1200 units eight (8) stories
high and it was cut back to 750 units because of sewer capacity and there was
also a problem with water. Mr. Rumsey wanted to know how many affordable units
Pulte was going to have. Planner Hartmann answered by saying, the original
number that was in the approved certification plan is 60 and would hold true
unless a totally new development occurred. Mr. Rumsey also wanted to know about
the water and sewer issue for the Mountain Ave. Project. Planner Hartmann said they
will be discussing that when the engineer reviews it and everything is always
conditioned upon getting water and sewer and sometimes a project never goes
forward because of not getting water and sewer.
Tom Luciani, 11 Belmont Ave. came forward. Mr. Luciani said he lives at the bottom of all this traffic that will be flowing out and has three young children. Mr. Luciani said there is only one exit out of that area where the proposed project will be. The traffic in general will be devastating to the people and children who play in the area. Another issue is the drainage. The water will have nowhere to go when the buildings, black top and concrete are in place except into the land surrounding the proposed site.
Tim Trossman, 9 Mountain Ave. came forward. Mr. Trossman wanted to know if this development is going to depreciate the value of the surrounding homes. Chairman Foulon said at the next meeting or prior to completion, the developer will present a Fiscal Financial Analysis.
Charlie Huber Jr., 21 Mountain Ave. came forward. Mr. Huber wanted to know if they considered building single-family homes on this site. Planner Hartmann said it wasn’t zoned for that. Planner Hartmann explained there are four sites in the Borough that were required by COAH to be zoned for multiple family housing and this site is one of them. If the Borough wants to lose their certification, they can rezone it for single-family residential development and lose certification, and her guess is the applicant would come back and file a Builders Remedy and then the Borough would get more than 18 units. Mr. Huber added, too many condos were built on Carter Road and there are problems all the time there with the parking, and people who live there can’t even barbeque in their backyard because there’s no room.
Tony Conte, 22, 24 & 28 Colfax Ave., came forward. Mr. Conte wanted to know if there were any other properties this developer was looking at to put affordable housing and Atty. Veltri and Ms. Hartmann said they didn’t know of any other. Mr. Conte also inquired about a lot of blasting and Chairman Foulon said they won’t have that information until the next meeting and would have to submit a blasting plan and schedule. Ms. Hartmann said they would have to go around to all of the houses that could be impacted and do a foundation survey. Chairman Foulon added if your foundation cracked because of the blasting, the developer would be responsible to repair it.
Lori Bull, 14 Prospect St. came forward again. Ms. Bull said if the EIS shows that the land is not buildable for this number of units, the DEP could step in and it would be out of the Borough’s hands and the DEP can sue. Ms. Hartmann answered by saying approval from the Planning Board is always conditioned upon all and every necessary permit from the State, Sewage Authority, etc.
Chairman Foulon announced that this application is not
going to happen quickly because the Board will not let it happen quickly. The
applicant is going to have to hire professionals to do Traffic Studies,
Financial Studies and Environmental Impact Studies and the Board will hire
professionals to do the same studies.
Atty. Veltri announced that the next Planning Board Meeting is March 20, 2003, and one week before, the Agenda is posted in the Municipal Building. Atty. Rubin will notify the Board if he’s going to be ready to proceed by March 20, 2003.
MOTION TO CLOSE PUBLIC DISCUSSION: made by Member Slater, seconded by Member DiMeglio, voting yes were Members DiMeglio, Chairman Foulon, Mayor Hagstrom, Brindisi, Platt and Slater.
PUBLIC DISCUSSION: None/Closed.
RESOLUTIONS: None
VOUCHERS: submitted by Richard A. Alaimo Engineering for Invoice #14990 Project #P-495-000 Meeting Attendance for Engineering Services for $175.00, Invoice #14991 Project #P-495-150 Martha Storms Minor Subdivision for $125.00, Invoice #14992 Project #P-495-153 Miller- Minor Subdivision for $250.00, Invoice #14993 Project #P-495-155 Maskley- Minor Subdivision for $625.00, for a Grand Total of $1175.00
MOTION TO APPROVE: made by Mayor Hagstrom, seconded by Member DiMeglio, voting yes were Members DiMeglio, Chairman Foulon, Mayor Hagstrom, Brindisi, Platt and Slater.
MOTION TO GO INTO EXECUTIVE SESSION AT 10:13 P.M. TO DISCUSS A LEGAL MATTER BECAUSE OF A LAWSUIT PENDING AGAINST THE PLANNING BOARD AND THE RESULTS OF THE MEETING MAY OR MAY NOT BE BROUGHT TO THE PUBLIC IN THE FUTURE: made by Member Slater, seconded by Member Brindisi, voting yes were Members DiMeglio, Chairman Foulon, Mayor Hagstrom, Brindisi, Platt and Slater.
EXECUTIVE SESSION OVER AT 10:13 P.M. AND MEETING BACK OPEN TO PUBLIC WITH A ROLL CALL: Members DiMeglio, Chairman Foulon, Mayor Hagstrom, Brindisi, Platt and Slater.
MOTION TO ADJOURN AT 10:29 P.M.: made by Member Slater, seconded by Member Brindisi, carried by a voice vote.
______________________________
Gerri Marotta
Secretary to Planning Board