PLANNING BOARD MEETING
BOROUGH OF WANAQUE
MINUTES
Regular Meeting
October 16, 2008
PUBLIC HEARING ON
REDEVELOPMENT PLAN
Meeting called to order by Chairman Gilbert Foulon with a
salute to the flag.
This is a “Public Hearing” for the New Jersey
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 and was advertised by the
placement of a notice in the Bergen Record on October 4th and the
Suburban Trends on October 5th 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.
Chairman Gilbert Foulon
John Di Meglio William
Rucci
Mayor Dan Mahler David
Slater
Joseph Graceffo Eugene
Verba
Kevin Platt Ed
O’Connell
PRESENT:
Attorney Steven Veltri and Engineer Michael Cristaldi
ABSENT:
Member John Shutte
Chairman Foulon announced to the members that this is a
“Public Hearing” on the Redevelopment Plan and all members received a copy of
and Mr. Benecke will explain this plan to everyone.
Mr. Robert L. Benecke of Benecke Economics and Borough
Administrator Tom Carroll came forward. Mr. Benecke explained he is here on
behalf of the Mayor & Council pursuant to a resolution adopted by the
Council on July 14, 2008. This resolution was adopted pursuant to the local
Redevelopment and Housing Law. His firm, Benecke Economics, was engaged to help
guide the Planning Board in their deliberations respecting whether
approximately 25 properties qualify and satisfy the criteria of the local
Redevelopment and Housing Law. On the report and study includes Dr. Henry
Coleman on the Ringwood Avenue Redevelopment Study and Planner Fred F. Suljic
who was also involved in the Ringwood Avenue Redevelopment Study. These gentlemen
were instrumental in preparing the report. This study allows the Council to move forward with the plan but it does
not do one thing; there will be no Eminent Domain with this project, study and
redevelopment effort. The reason for that is that they are trying to obtain
buying from the various property owners. Mr. Benecke then presented his
documents as evidence and everyone should have a copy of The Redevelopment
Study: there is Exhibit A-1 Study with the Map Attachment dated October 6,
2008, Exhibit A-2 photographs of the majority of properties which are attachedto the same report, Exhibit A-3 a letter dated May
18, 2005 from the Borough Administrator to Kelley, Drye & Warren a law firm
representing U.S. Aluminum, Inc. confirming closure of the U.S. Aluminum
property, and Exhibit A-4 a building evaluation report dated July 1999 by
Tri-State Architects, P.C. indicating the deplorable condition of the municipal
building in Wanaque. Mr. Benecke then
proceeded to go over the report. Mr. Benecke said they divided the 25 parcels
into five (5) distinct areas. The first area is called Proposed Potential
Redevelopment Area-Midvale 1; this area has seven (7) properties and includes
the former public school at Block 231 Lot 11 (Rhinesmith School Property) and
this is where the new Municipal Building might be built. The second area is
called Proposed Potential Redevelopment Area Midvale 2 and that’s where the
current
Altogether there are twenty (20) properties plus five (5)
properties that are residential in nature that would require the specific
approval of the property owners moving forward. They have been broken down into
five (5) potential proposed redevelopment areas; three (3) in Midvale including
the current Municipal Building, two (2) in the Haskell area, one along Ringwood
Ave. directly across from the Town Centre and the other one is the U.S.
Aluminum site.
Mr. Benecke added
that they did an analysis of the value of the improvements to land and most if
not all of the properties under study, putting aside the five (5) residential
properties, had land values greater than improvement values. They also looked
at the Master Plan and believe this is consistent with the Master Plan and
looked at the under utilization issues and not only the issues of value but
also the issues of further investment, vacancies and there are three major
vacant properties. They looked at the State Development and Redevelopment Plan,
while Midvale isn’t an endorsed town center, Haskell is, so the last two properties
are in or adjacent to the
Tom Carroll added that there are also several other
properties included as part of consideration for the site of the
MEETING OPEN TO PUBLIC:
John Maiello,
Mr. Maiello said the Board has a responsibility to the
residents before this redevelopment plan is passed, to find out from the
builder what he’ll be going to do with this redevelopment. Mr. Carroll said that Mr. Maiello is
claiming that his property is not included; Lot 11, which also includes the
merger of Lot 12, is included and all the properties south of the
Mr. Benecke said to keep in mind that this study before the Board tonight, does not authorize anyone to build anything ever; before that is done, the Council has to pass a concurring resolution and a plan has to be developed and an ordinance has to be adopted, but before the ordinance is adopted, the Board has to approve it or give feedback and if the Council disagrees with the feedback they have to pass a separate resolution. This is just one of three stages and this is only the planning stage.
Atty. Veltri added, that what they are doing tonight is looking at the proposed area and seeing if it’s a redevelopment area in accordance with the statutory requirements. Atty. Veltri said the Board might want to visit the site to see how it’s going to affect the property owners. Atty. Veltri made it clear that the Board tonight is not approving any plan what they are considering are the properties involved to see if they are redevelopment areas in accordance with the statute.
Mr. Benecke said that Mr. Carroll and the Mayor & Council have asked that he examine the entirety
of Midvale over the next two years. It’s very critical that the retail shops
and the merchants along
Mr. Carroll added that the Borough is going to have to do
a complete Master Plan to be in conformance with the
CLOSE PUBLIC HEARING:
MOTION TO APPROVE THE STUDY AND FOR SUBMISSION TO THE MAYOR & COUNCIL FOR THE NEXT STEP TO THE PROCESS:
Atty. Veltri said what the Board is essentially doing;
the motion is inclusive of viewing the proposed properties that are listed in
the report as a redevelopment area in accordance with the criteria set forth in
N.J.S.A. 40A:12A-1 et seq. Section 5.
Motion made by Member Rucci, seconded by Member Graceffo,
voting yes were Chairman Foulon, Member Di Meglio, Mayor Mahler, Graceffo,
Platt, Rucci, Slater, Verba and O’Connell.
RECESSED AT 8:19 P.M.
RECONVENED AT 8:35 P.M.
All members present as before the
break.
WANAQUE
PLANNING BOARD
OCTOBER 16,
2008
Meeting called to order by Chairman Foulon with a salute
to the flag.
ROLL CALL:
John Di Meglio David
Slater
Mayor Dan Mahler
Joseph Graceffo Ed
O’Connell
Kevin Platt
PRESENT: Attorney Steven Veltri and Engineer
Michael Cristaldi
ABSENT: Member John Shutte
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 18,
2008 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 September 18, 2008 Meeting.
MOTION TO APPROVE: made by Member Graceffo,
seconded by Member Di Meglio, voting yes were Members Di Meglio, Mayor Mahler,
Graceffo, Platt, Slater and Verba.
Chairman Foulon, Members Rucci and O’Connell abstained.
COMMUNICATIONS/REPORTS: No questions asked.
APPLICATION STATUS:
NEW BUSINESS APPLICATION: “Accurate Auto Care”
(Mechanical Auto Shop),
Owner
of business, Richard Doremus stepped forward. Mr. Doremus explained that his
business is an auto repair shop. His business was previously located at 455
Ringwood Ave. and wants to move his business to 1185 Ringwood Ave. Chairman
Foulon said all inspections are in compliance except for the Fire Prevention
Bureau and they stated that the applicant needs a minimum of two fire
extinguishers and will reinspect. Member Di Meglio asked if they were planning
on putting new doors on the building and the applicant said yes. Member Graceffo
commented on how nice the building looks since the owners did the renovations.
MOTION TO APPROVE: made by Member Graceffo, seconded by Member Di Meglio,
voting yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Graceffo,
Platt, Rucci, Slater, Verba and O’Connell.
Application #08-08 Pulte Amended Site Plan for Sales Trailer at 1237Ringwood Ave., Block 448 Lots 16.01 & 16.02 (16B). Amended Site Plan Approval to permit existing structure, which was approved in 2001 as a temporary structure, to remain on the property as a permanent structure. Authorized Agent is Edward Israelow, Esq., Director of Approvals for Pulte.
Atty.
Veltri told the Board he looked at the file with the certified mailings and
advertisement notice and said everything is in order and the Board can proceed.
Atty.
Israelow came forward and explained he is an in-house attorney for Pulte Homes.
Mr. Lars White who is an acquisition manager with Pulte also came forward.
Atty. Israelow said back in March 2001, when Pulte was first getting started
with Wanaque Reserve, the Planning Board at that time granted Final Site Plan
Approval to allow Pulte to construct a one story Temporary Sales Trailer at
Atty.
Veltri said there are a couple of issues the Board needs to address. The Board
did receive two letters regarding this application. One letter was from the
North Jersey District Water Supply Commission dated October 14, 2008 and their
concern with the brook on their site, which hasn’t been completed and is also
asking Pulte to put up a $1,000,000.00 Performance Bond for said work. Atty.
Israelow said they needed to acquire an easement from the North Jersey District
Water Supply Commission so they could do some road widening as well as to put
the traffic signal in place at Warren Hagstrom Blvd. They had long drawn out
negotiations with NJDWSC and entered into an agreement with the Commission to
do certain enhancements and betterments on their property. A lot of this work
has already been accomplished. The primary work to be done is the demolition of
the existing security building that is up in the front on
Atty.
Veltri wanted to know why NJDWSC is citing July 1st of 2009 as the
completion date in their letter. Atty. Israelow said there’s not an affirmed
date in the agreement and he thinks they’re just trying to put as much pressure
on to get the work completed. Atty. Israelow said they gave the NJDWSC
assurances that they would be performing the work and will be completed by late
Summer/early Fall of 2009.
Atty.
Veltri asked, when they made their agreement with the NJDWSC to do this work,
did they need to post a Performance Bond? Atty. Israelow said it was not
required.
Atty.
Veltri said the other letter dated October 15, 2008 from Atty. Jeffrey Kassover
from
Atty.
Veltri told Atty. Israelow back in 2001, there were discussions about a
monetary contribution for fire equipment that was stipulated and agreed to.
Atty. Veltri asked Atty. Israelow if he would stipulate tonight on the record
on behalf of Pulte that that contribution for fire equipment will be made by no
later than January 15, 2009.
Atty.
Israelow agreed to Atty. Veltri’s
request. Atty. Veltri also mentioned the condition
set-forth in Atty. Kassover’s letter regarding the
encroaching equipment and Atty. Israelow also agreed
to that.
Chairman
Foulon said he thinks they should go to the Sewer Authority before the Board
can make a decision. Atty. Israelow said the Board could make that a condition
for approval and added that the granting of the drainage easement and
resolution of the sewer easement and showing this on the plan. Member Graceffo
said he thinks the Board should wait before voting on this and wait until next
month to make sure these things get done.
Atty.
Veltri said he would propose generally that all easements, drainage and
sewerage be put on the site plan and present it to the
Sewer Authority for their review and approval. In the event they have an
objection to where the sewer line is, the applicant will have to indemnify them
for any damage done to the property or the building as a result of them trying
to get to the pipe in the future. They will also have to grant the Borough a 20
ft. drainage easement on the southerly section of the property and that
easement needs to be prepared by the applicant and would be responsible to pay
out of escrow any legal fees associated with that easement. The other
conditions mentioned previously such as
removing that piece of equipment and pay a $200,000.00 monetary
contribution to the Borough for fire equipment by no later than January 15,
2009 and all County Planning Board conditions of approval have been satisfied
and met. Atty. Israelow said there was a letter sent back in December 2007 from
the
Eng.
Cristaldi said he has a set of calculations that was submitted to the Building
Inspector, Jeff Brusco and they show that the building is satisfactory on the
piers for purposes of a Building Permit. Eng. Cristaldi wants a set sent to the
Building Inspector, Jeff Brusco signed and sealed by the engineer that prepared
it. Atty. Israelow believes that the Building Inspector already has one in his
file because he thinks that was a pre-condition to the issuance of the
Certificate of Occupancy.
Member
Di Meglio asked if they get the approval what are they
planning on putting in there. Atty. Israelow said they have spoken to a couple
of different users and the latest was someone looking to do some kind of
financial services.
Mr.
Lars White from Pulte Homes said a couple of the uses have been basically
office space uses or day-care centers.
OPEN TO PUBLIC HEARING:
John Maiello, 26 Rhinesmith Ave. came forward. Mr. Maiello asked what happens if
Pulte decides to sell the property. Mayor Mahler said the reason for this whole
thing is that it can be sold. Member Rucci said he personally went down to
inspect the site this week with Mr. White and there was a hole cut in the floor
to look for any dampness underneath and it was dry as a bone. Member Rucci said
the structure appeared to be very solid and he was impressed and his opinion
changed drastically as he looked at it more and believes it is a viable
structure for resale.
Sandy Lawson, 28 Haskell Ave. came forward. Ms. Lawson wanted to know about the
$200,000.00 contribution to the Fire Department and is it the original
$200,000.00 contribution or an additional one. Ms. Lawson was told it is the
original one.
CLOSE PUBLIC HEARING:
MOTION TO APPROVE FOR AN AMENDED SITE PLAN APPLICATION FOR PULTE TO PERMIT THE EXISTING STRUCTURE TO REMAIN AS A PERMANENT STRUCTURE ON THE PROPERTY AND DOING SO BASED UPON THE FOLLOWING CONDITIONS: #1 THAT PURSUANT TO A LETTER FROM ATTY. JEFF KASSOVER A PIECE OF EQUIPMENT AN ELECTRICAL CONTROL PANEL WILL BE RELOCATED OFF THE EASEMENT AND THE FINAL LOCATION OF THE EQUIPMENT BE INSPECTED AN APPROVED BY THE WANAQUE BOROUGH SEWERAGE AUTHORITY’S ENGINEER. # 2 THAT A $200,000.00 MONITARY CONTRIBUTION FOR FIRE EQUIPMENT BE PAID TO THE BOROUGH BY PULTE BY NO LATER THAN JANUARY 15, 2009. #3 THAT THE SITE PLAN BE AMENDED TO SHOW ALL EASEMENTS WHICH ARE CURRENTLY AND WILL BE ON SITE AND THE APPLICANT, AFTER THAT PLAN IS COMPLETED, MUST PRESENT IT TO THE SEWER AUTHORITY FOR THEIR REVIEW AND APPROVAL AND THE BOARD IS SPECIFICALLY CONCERNED THAT THE SEWER AUTHORITY BE IMDENIFIED IN THE EVENT THERE IS DAMAGE TO THE BUILDING IN THE EVENT THEY NEED TO GET TO THE SEWER PIPE SINCE THE EASEMENT IS VERY CLOSE TO IF NOT RIGHT UNDER A CORNER OF THE EXISTING BUILDING. #4 THAT THE APPLICANT GRANT TO THE BOROUGH OF WANAQUE A 20 FOOT DRAINAGE EASEMENT ON THE SOUTHERLY PORTION OF THE PROPERTY THAT THE APPLICANT NEEDS TO PRESENT THAT EASEMENT TO THE BOROUGH ATTORNEY AND PAY FOR ALL LEGAL COSTS AND FEES ASSOCIATED WITH THAT DRAINAGE EASEMENT AND FILING SAME. #5 THAT THE APPLICANT SHALL SUBMIT SIGNED, SEALED STRUCTURAL CALCULATIONS SHOWING THAT THE BUILDING AS IT EXISTS IS EQUIVALENT TO A BUILDING WITH CONTINUOUS FOOTINGS: made by Member Rucci, seconded by Member Slater, voting yes were Chairman Foulon, Members Di Meglio, Mayor Mahler, Platt, Rucci, Slater, Verba and O’Connell. Member Graceffo voted no.
RESOLUTIONS: None
VOUCHERS: None
PUBLIC DISCUSSION: None
MOTION TO ADJOURN: at 9:17 P.M. made by Member Slater and seconded by Member
Rucci, carried by a voice vote.
_______________________________
Gerri
Marotta
Planning
Board Secretary