PLANNING BOARD MEETING
BOROUGH OF WANAQUE
MINUTES
January 17, 2008
Reorganization and Regular
Meeting
Meeting called to order by Mayor Daniel Mahler with a
salute to the flag.
This is a Reorganization 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 14, 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.
INDUCTION OF NEW MEMBERS: David Slater as an Alternate Member 2 year
term, Member Kevin Platt 1 year term and
Member Eugene Verba 4 year term. Mayor Mahler swore
these members in.
Mayor Dan Mahler
Joseph Graceffo Ed
O’Connell
Kevin Platt John
Shutte
William Rucci
PRESENT:
Attorney Steven Veltri and Engineer Michael Cristaldi
ABSENT: Member
John Di Meglio
NOMINATION FOR CHAIRMAN: Member Graceffo nominated Gilbert Foulon for
Chairman, seconded by Member William Rucci. No other
names were presented.
ROLL CALL ON NOMINATION FOR CHAIRMAN: Voting yes
were Mayor Mahler, Members Graceffo, Platt, Rucci, Slater, Verba, O’Connell and Shutte.
NOMINATION FOR VICE CHAIRMAN: Member Platt
nominated Joseph Graceffo for Vice Chairman, seconded by Member Shutte. No other names were presented.
ROLL CALL ON NOMINATION FOR VICE CHAIRMAN: Voting yes were Mayor Mahler, Members Platt,
Rucci, Slater, Verba, O’Connell and Shutte.
NOMINATION FOR BOARD ATTORNEY: Member Rucci
nominated Steven Veltri for Board Attorney, seconded by Member Graceffo. No other names were presented.
ROLL CALL ON NOMINATION FOR BOARD ATTORNEY: Voting
yes were Mayor Mahler, Members Graceffo, Platt, Rucci, Slater, Verba, O’Connell and Shutte.
NOMINATION FOR BOARD ENGINEER: Member Slater
nominated Michael Cristaldi for Board Engineer, seconded by Member Verba. No other names were presented.
ROLL CALL ON NOMINATION FOR BOARD ENGINEER: Voting yes were Mayor Mahler, Members
Graceffo, Platt, Rucci, Slater, Verba, O’Connell and
Shutte.
MOTION TO CONTINUE THE MEETING ON THE THIRD THURSDAY
OF EVERY MONTH: made by Member O’Connell, seconded by Member Rucci.
NOMINATION FOR BOARD PLANNER:
Member Slater nominated Alaimo Engineering and Kenneth Albert, seconded by
Member Rucci.
ROLL CALL ON NOMINATION FOR BOARD PLANNER: Voting yes were Mayor Mahler, Members
Graceffo, Platt, Rucci, Slater, Verba, O’Connell and Shutte.
MOTION TO ADJOURN THE REORGANIZATION MEETING AT 8:14
P.M.: made by Member Rucci, seconded by Member Graceffo. Voting
yes were Mayor Mahler, Members Graceffo, Platt, Rucci, Slater, Verba, O’Connell
and Shutte.
Chairman Foulon called the Regular Meeting to order at
8:15 P.M. with a salute to the flag.
ROLL CALL
Chairman
Gilbert Foulon David
Slater
Mayor
Dan Mahler
Joseph
Graceffo Ed
O’Connell
Kevin
Platt John
Shutte
William
Rucci
PRESENT: Attorney Steven Veltri and
Engineer Michael Cristaldi
MEMBERS ABSENT: Member John Di
Meglio
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 December 14,
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 20,
2007 Meeting.
MOTION TO APPROVE: made by Member Graceffo,
seconded by Member Rucci, voting yes were Chairman Foulon, Mayor Mahler,
Members Graceffo, Platt, Rucci, Slater, Verba and Shutte. Member
O’Connell abstained.
COMMUNICATIONS/REPORTS: No questions asked.
APPLICATION STATUS: Engineer Cristaldi reported no new
applications.
NEW BUSINESS APPLICATION: “The Lantern” Char-Broil Grill,
(formerly Falls View Grill),
No one was present for this application.
NEW BUSINESS APPLICATION: “Nail & Skin Care”, 1069
Ringwood Ave., Suite #103, Block 430 Lots 1.03, 9-13, “Bald Eagle Urban Renewal
at Wanaque” Town Centre. The developer and owner of
the project is Sal Falciglia,
Attorney Ed Martin,
Atty. Veltri told Atty. Martin that he was just handed a
letter dated January 8, 2008 sent to his clients. Atty.
Martin said he never saw the letter. Atty. Veltri
asked Atty. Martin to come forward and showed him the letter that was sent by
Jeffrey A. Brusco, Construction Official/Land Use Administrator/Zoning Officer. Atty. Veltri asked Atty. Martin to read the letter and
either respond tonight or he can be rescheduled. Atty. Martin said he showed the letter to his
client and Mr. Pia said he never saw the letter. Atty.
Martin said it seems there was a miscommunication and the establishment has
never done body massaging and they will not. Chairman
Foulon said there was a banner hanging outside of the establishment indicating
body scrub and massage and there are massage tables inside the business. Atty. Martin said the tables are used for other things
that they believed were permitted. Atty. Martin said
his client knows that massaging is not permitted. Atty.
Veltri wanted to know what services will be engaged. Atty.
Martin said manicures, pedicures, waxing and they believe waxing was approved
which is part of skin treatments and body scrub, which is not massaging. Member Rucci said according to the letter of January 8th
from Jeff Brusco, Mr. Cho was in the Building Inspector’s office discussing
this matter. Atty. Martin said Mr. Cho came to the
inspector’s office because he speaks English and Mr. Pia’s language and was
trying to be helpful. Member Rucci wanted to know when
did Mr. Pia file his application and Atty. Martin wasn’t sure because he was
just retained this past week by Mr. Pia. Atty. Veltri
said all the Board is trying to do is to communicate to him and his client what
the board perceived the violations to be and then Atty. Martin can clarify
whether there are in fact violations or whether they’re applying for something
different than what the prior applicant was approved for. Atty.
Martin said he doesn’t believe they are applying for anything that wasn’t already
approved. Part of the problem is because of his recent
involvement he doesn’t know exactly what the Board said back when Mr. Cho
applied and was granted permission to open up. Atty.
Martin’s understanding was that body treatments were approved and doesn’t
include massage, but it went beyond manicure and pedicure. Atty.
Veltri said he has minutes from January 18th, 2007 that was when the
prior applicant was approved and perhaps Atty. Martin can look at those minutes
and confer with his client and tell the Board whether or not what the Board
indicated at that meeting is acceptable to his client. Chairman
Foulon said the Board was told it would be a hair and nail salon, facials and
waxing, in other words the normal operations that are done in any beauty shop. Chairman Foulon said originally Mr. Cho came in with an
application for a Day Spa (January 18, 2007) and was told to come back to the
Board with another application for a Nail & Skin Care Salon. Mr. Cho came back on February 15, 2007 and changed his
application from “Day Spa” to “Nail & Skin Care” and at that time Chairman
Foulon and Atty. Veltri told the applicant there would be no massaging done on
the premises. Atty. Martin said he doesn’t believe
that the tables in the salon are massage tables and believes they use them for
facials and body treatments. Chairman Foulon asked
what are the body treatments? Atty. Martin said the
translator described it as an exfoliation of the skin. Atty.
Veltri said the Board needs a complete list of the services they intend to
provide and then the Board will have a basis for what is being told and then
will be put into the minutes and if they provide other services similar to
massage, which they all agree is not going to occur, then the Board will have a
firm record so they both can rely on it for future proceedings. Atty. Veltri said it’s the body scrubs are where the Board
has its concerns because they don’t know what that is. Atty.
Veltri asked for them to specifically identify what
that is then the Board will have clear communication.
Atty. Martin said the town of
Chairman Foulon reminded Atty. Martin that the Board
expects everyone working at the salon should be licensed
and a copy of the licenses should be submitted to the Building Inspector.
MOTION TO APPROVE THE NEW BUSINESS FOR NAILS,
PEDICURES, FACIALS, WAXING AND NO BODY
SCRUBBING OR MASSAGING: made by Member Rucci, seconded by Member Graceffo,
voting yes were Mayor Mahler, Members Graceffo, Platt, Rucci, Slater, Verba,
O’Connell and Shutte. Chairman Foulon abstained.
Chairman Foulon said there is an issue on the Planning Board/Board of Adjustment Checklist for Determining Completion of Application and wanted to know if all the members read it. Chairman Foulon said he would like to entertain a motion to approve it and send it to the Board of Adjustment:
MOTION TO APPROVE IT AND SEND IT TO THE BOARD OF
ADJUSTMENT: made by
Member Rucci, seconded by Member O’Connell, voting yes were Chairman Foulon,
Mayor Mahler, Members Graceffo, Platt, Rucci, Slater, Verba, O’Connell and
Shutte.
CONTINUATION OF PUBLIC HEARING ON THE DRAFT “REDEVELOPMENT
INVESTIGATION REPORT” FOR THE
Chairman
Foulon announced that the committee he appointed has decided not to meet.
Member
Graceffo explained that it was not appropriate at this time to have a small
quorum or group meeting because it may in some way flavor the Board in terms of
making its decisions.
Chairman Foulon said what they are basically doing is recommending
to the Mayor & Council that this area be proposed to redevelopment.
Economic
Development Consultant, Mr. Benecke came forward along with Planner Fred Suljic. Chairman Foulon said at the last meeting Mr. Benecke said
anyone in the audience could contact him with any questions they might have. Mr. Benecke said no one has contacted him, however they
did re-chapter several property owners and some other research that they
promised the Board they would do.
Mr.
Benecke wanted a new redrawn map placed into the record so that it’s a little bit
clearer. Mr. Benecke said they also revised their report and is
dated January 15, 2008 and supplied extra copies for the public. Mr. Benecke went on to say, the properties that were
previously thought to be merged, are indeed merged; they rechecked the surveys
and the property record cards and those are now placed into the final report.
Block
436
Block
437, Lot 7 and Lot 8 have been merged; the address is 1105 Ringwood Ave. Block
437, Lot 9 and Lot 10 has been merged; the address is 1109 Ringwood Ave. the American
Legion property.
Re-examined
was the property at Block 437,
Chairman
Foulon said as far as the use of the area, as to whether it will be residential
or commercial, and his thoughts are
that it will not be commercial. Chairman Foulon said the Borough
has the one commercial project that was just finished (Bald Eagle Urban
Renewal) and doesn’t know if another commercial site can be filled up. Chairman Foulon also added, that if this site is going to be redeveloped, maybe they should be thinking residential or
mixed use.
Mr.
Suljic said in some towns they have commercial on the first
floor with the owners living upstairs from their business.
OPEN TO PUBLIC:
Scott Burns, 7 Brook St. came forward. Mr. Burns said in
the original report it said things such as dead rats are on the premises and
Mr. Burns has walked around every weekend to see if he could see any and hasn’t
seen any dead animals or rats for the last month. Mr.
Burns wanted to know why the report hasn’t changed and why are they using
information dated two or three years ago. Mr. Suljic
said they were the dates of the inspections and there haven’t been inspections
in the last thirty days. Mr. Burns also said the
report refers to the people living there as transients. Mr.
Burns said most of the people own the property and three of them are rented and they have been there for quite some time.
Larry Montena representing Henry & Carmel Martin, 1105
Ringwood Ave came forward.
Mr.
Montena said he’s been proud being a resident of Wanaque and being a professional
businessman for the past 20 years developing a
business in Wanaque and takes his business
seriously. Mr. Montena said he cares about the people in town and he
does take exception personally when he reads on the website for all the world
to see, that his business and property is classified as an a d e. It’s a label that’s been fixed on himself, his family and his company and he’s upset
about it. Mr. Montena asked Atty. Veltri how much has
the Borough spent, including the grant, on the Redevelopment Survey? Atty. Veltri said he has no idea and Mayor Mahler didn’t
have the number in front of him. Mr. Montena wanted to
know how any of the Board members would feel if their property was classified
that their buildings were substandard, unsafe, unsanitary, dilapidated or
obsolescent or possess any of such characteristics or are so lacking in light,
air or space, as to be conducive to unwholesome living or working conditions. Mr. Montena said at the last meeting he told anyone who
wanted to could stop in at his business and see for themselves the condition of
his property. Mr. Montena said only one councilman came and a couple of people who cared about him
came. Mr. Montena said he has given his
time to Little League, Girls Softball and tries to be an inspiration to the
town. Mr. Montena said he couldn’t get anyone, be it
the Mayor or the Borough Administrator to speak on his behalf.
Mr. Montena brought pictures of his business and home and showed them to
the Board. Mr. Montena goes home every night wondering
if his home and business are going to be taken away
from him.
Helen Thompson, 1113 Ringwood Ave., came forward. Ms. Thompson
said she works at a nursing facility and she knows for the elderly at the
proposed redevelopment site, what a toll it’s going to take on them. Ms. Thompson said she doesn’t care about herself leaving,
but she does care about her mother and this will take a terrible toll on her
mother. Her mother has lived there since she was 18
years old and stayed there her whole life and wanted to stay until she died. Ms. Thompson said if there were decent people here, they
would have went to these homeowners and told them what they thought their homes
needed and also should have given them resources to fix their homes. Ms. Thompson said the Borough should be ashamed of not
doing the best they could for these people who have been born here and lived
here in this town and supported this town and paid taxes.
Mr.
Benecke said the process of working with the property owners comes right before
or right after the governing body delineates and declares the area in need of
redevelopment. Mr. Benecke said the redevelopment plan
is another whole process. One of the reason’s they
don’t contact property owners ahead of time is because that prejudices the
process. The governing body asked Mr. Benecke in mid
July of 2006 to investigate the area.
Mr.
Benecke said they researched this area well and found six properties that
shouldn’t be in the area. They will make sure that the
elderly are taken care of appropriately and no one is
here to hurt anyone.
Chairman
Foulon asked Mr. Benecke to go through the timing of the project. Mr. Benecke said at any point after the close of the
hearing, the Planning Board could either recommend or not recommend that these
properties be declared in need of redevelopment. The properties
are listed on Chart 2, Page 16 of the January 15th Report and includes
the Block & Lot and includes the general types of condition, use and
applicable criteria. They specifically went through
the lack of property location criteria e, which is found in many of the
properties so that the Board and Council and anyone else reviewing can
understand the theory behind the lack of growth of utilization. They also set forth the Town Centre guidelines and the
timeline. Once you decide that these properties are an
area in need of redevelopment, you then recommend to the Council that they
declare this area an area of redevelopment. They can
do that at the next Council Meeting and they may never do it.
They will have it on their agenda and they will so decide; people will
then have to be noticed that their property is being considered. Once that is done and the appeal period has taken place,
then the Council can sit and nothing ever happens, however, if the Council
wants to try to attract investment they would commission what’s called a
Redevelopment Plan Study. The Redevelopment Plan Study
would say how does zoning change and how to attract investment and that’s when
you reach out to the property owners. The
redevelopment process includes an introduction of an ordinance, the preparation
of a plan, Public Hearing A, Public Hearing B and the adoption of the ordinance
and this is after the resolution is set forth. The
earliest that could be accomplished is mid fall; two Public Hearings at least,
probably three would have to happen prior to them, and that’s
the Redevelopment Plan process.
Scott Burns, 7 Brook St. came forward. Mr. Burns wanted
to know why is it that every time these properties are being looked at is
always when people are working or so early on the weekends that no one knows
anyone is there? Chairman Foulon responded and said it
was advertised when the Planning Board visited the site. Mr.
Benecke said when he went on July 10th his company interacted with
several property owners and talked to them and let them know what was going on. Mr. Benecke said they are generally barred
from viewing properties between the hours prior to 8:00 A.M. and after 5:00
P.M.
Dave De Silva, 108 Monroe St. came forward. Mr. De Silva
said he lives two blocks away from this area and every day he drives down
Mr. De Silva also wanted to know, in reference to the writing and research involved with this report, was a developer or any developers involved with the actual research behind it? Mr. Benecke said no property owner, developer, Planning Board Member and no Council Member, no one except for Mr. Suljic’s firm and Mr. Benecke’s firm, the township’s Administrator and the township Tax Assessor were involved in getting the appropriate information and files. Mr. De Silva wanted to know at what point does the governing body start looking for developers. Mr. Benecke said after the area is cleared and delineated the area in need of redevelopment by resolution they can then take concept plans. Mr. Benecke
doesn’t recommend doing that in this environment in the state
until after a Redevelopment Plan is at least in place in some way or fashion,
because that ensures that the property owners have been reached out to.
Mr.
De Silva asked Mayor Mahler that at the January 2nd Meeting there
was an additional amount of money approved for Mr. Benecke’s firm and what was
that in relation to this project? Mayor Mahler said
that was the money from the Smart Growth Grant received last year and since
it’s going to be paid this year they had to re-appropriate it.
There was a resolution in 2007 for the same amount and the grant had to be extended.
Mr.
De Silva said if the Borough includes a lot more residential units for this
proposed redevelopment, he believes the COAH requirements are going to continue
to grow as well.
Chairman
Foulon said another thing the Borough is going to do this year is to update the
Master Plan and the housing element has to be part of the Master Plan.
MOTION TO CLOSE PUBLIC PORTION: made by Member Slater, seconded by Member O’Connell,
voting yes were Chairman Foulon, Mayor Mahler, Members Graceffo, Platt, Rucci,
Slater, Verba, O’Connell and Shutte.
MOTION TO RECOMMEND TO THE BOROUGH
COUNCIL THAT THE PROPERTIES IDENTIFIED IN CHART 2 OF THE RINGWOOD AVENUE SOUTH
OF DOTY REDEVELOPMENT INVESTIGATION REPORT DATED JANUARY 15, 2008 BE DESIGNATED
IN NEED OF REDEVELOPMENT AND THAT A REDEVELOPMENT PLAN BE PREPARED AND ADOPTED
BY THE COUNCIL IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL REDEVELOPMENT
HOUSING LAW: made by
Member Graceffo, seconded by Member Rucci, voting yes were Chairman Foulon,
Mayor Mahler, Members Graceffo, Platt, Rucci, Slater, Verba, O’Connell and
Shutte.
PUBLIC DISCUSSION:
Sandy Lawson, 2 Haskell Ave. came forward. Ms. Lawson
wanted to comment on the New Business Application that was here earlier in the
meeting (Nail & Skin Salon). Ms. Lawson commented
that the Planning Board Members need to go home and talk to their wives and
visit a day spa to see what kind of services they offer. Ms.
Lawson thinks it would be great to have something like that in Wanaque. Ms. Lawson said she understood that the decision was based
on a previous experience but she thinks the Board needs to visit these places
and see what they really do because if they were going to do something like leg
waxing they would need those tables. Member Rucci
spoke up and said that wasn’t the problem; the problem is who’s running what,
who did run it, who lied and who’s now running it. Chairman
Foulon added that recently in West Milford the
RESOLUTIONS: None
VOUCHERS: submitted by Member Joseph
Graceffo for the 2008 NJPO Education Program for reimbursement of $59.00. Richard A. Alaimo Engineering Associates for Invoice
#038336 Project #PO495-0000-000 Meeting Attendance for 9/20/07, 10/18/07 & 11/15/07 for $555.00, for a Grand Total of
$614.00.
MOTION TO APPROVE: made by Member Slater, seconded by Member O’Connell,
voting yes were Chairman Foulon, Mayor Mahler, Members Graceffo, Platt, Rucci,
Slater, Verba, O’Connell and Shutte.
MOTION TO ADJOURN AT 9:43 P.M.: carried by a voice vote.
______________________________
Gerri
Marotta
Planning
Board Secretary