Planning Board Minutes from 2/26/2004

The meeting began with the Pledge of Allegiance and a reading of the Sunshine Law.� Present:� Mr. Beninati, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. David, Mr. Lepore, Mr. Peters, Mr. Soos, Mr. Clementi, Mr. Candarella, and Mr. Deluca, Jr.� Absent:� Mr. Michitsch, Mr. Laudati.� The motion to accept the January 22, 2004 minutes as well as the fees for the Secretary and Attorney was made by Mr. Rappa, 2nd by Mr. Peters.� All in favor.

COMMUNICATIONS:� Mr. Beninati read a letter from the Kenilworth Inn, regarding the Sprint site location:� the offer to allow a Sprint tower on this property is withdrawn.� Mr. Beninati gave this information to Sprint wireless.�

RESOLUTION:� Application # 03-003, Madden Properties, Columbia Avenue, for a sub-division into two conforming lots.� Mr. Lane, Planning Board Attorney, said recommendations from engineers Mike Disko and Edward Dek were to be conditional to the Resolution.� Specifically:� 1. To repair all damages to the sidewalk and street.� 2.� The applicant must show the size of the drywells (on the subdivision) that is to be approved by the engineers.� 3. The applicant must install a 12� PVC consistent with the requests of the engineers.� 4. The applicant must provide an easement for maintaining the drainage swale and the PVC overflow pipe. (The resolution will indicate that the future maintenance of the swale will be the responsibility of the owner of the proposed sub-division.� If future owner does not comply, the Borough will hold the owner financially responsible.� The applicant must include all recommendations in the final sub-division map.� The vote is conditional upon completion of the engineers� request.�� The applicant agreed.� The deed of easement must be submitted to Mr.Lane.� Before any permits are issued, the resolution will be granted, based upon a letter from both engineers. The deed of sub-division must be filed with the County.� A vote was taken for approval, based on the above restrictions:� In favor:� Mr. Beninati, Mr. Rappa,� Mr. Vitale, Mr. Schultz, Mr. David, Mr. Peters, Mr. Clementi, Mr. Candarella.

NEW BUSINESS:� Application #01-04, John Zimmerman, 35 North 7th Street, variance for front yard cantilever encroachment.� Sworn in:� John Zimmerman, who is requesting a 2� cantilever for an add-a-level.� The house is presently 19.77 feet setback.� His neighbor�s house is a few feet smaller than his setback.� The addition will accommodate an additional bedroom and bath.� A motion to accept the application was made by Mr. Beninati, 2nd by Mr. Peters.� All in favor:� Mr. Beninati, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, and Mr. Lepore.� Application approved.

Application # 03-04, JWJ Developers, 211 North 20th Street, a subdivision for two single family houses on conforming lots.� Lawrence Verisonic, Attorney for Wayne Furze (JWJ Developers) Sworn in:� Wayne Furze, who testified his request that the 100� x 100� lot be subdivided into two 100 x 50 lots.� The existing house on the lot will be removed.� Sworn in:� Frank Chipeta, 217 N. 20th Street, who objected to the proposal.� He said the homes on the block are �older� houses and a new home will not fit in.� He recommends the Planning Board deny the sub-division.� Mr. Vitale said the Planning Board must grant this application as a sub-division, as it does not go against our zoning laws.� He recommended the matter of housing on these lots be referred to Mayor and Council.� Sworn in:� Mrs. Jacoby, North 20th Street, who would like to see only one house on the plot, not two.� A motion to approve the sub-division was made by Mr. Schultz, 2nd by Mr. Lepore.� All in favor:� Mr. Beninati, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, and Mr. Lepore.� Application approved.

Application # 284, Elberon Development Corp., Tech Center 141 Market Street, for a multi-tenant Wholesale and Distribution Center.� Steven Santola, Attorney for Elberon, recapped the discussion of the previous meeting (of January 22, 2004).� A new door location was contested.� Elberon representatives met with some members of the Planning Board committee.� The proposed overhead door will now be shown in the back of the building, with a re-grading of the blacktop. The new proposal would discourage tractor-trailer usage.� Pulling back the curb would allow trucks to swing into Passaic Avenue and avoid the neighbors� lawns.� A speed bump and stop bar will also help ease the traffic on Passaic Avenue.� Sworn in:� Ms. Estabrook, owner of Elberon Development Corporation.� She testified the former use of this site was for storage and assembly work.� One side of the building was gutted and turned into a more flexible area.� Plans were adjusted to comply with the requests of the Planning Board.� Parking will not be a problem.� The 9,000 ft. area may be divided into a 5,000 ft and a 4,000 ft area.�� Sworn in:� Jim Housten, engineer and planner, who said the driveway traffic would be improved by widening the driveway, as well as placing a Stop bar, and a Stop sign at the exit and parking has been re-configured.� This new proposal could accommodate small truck activity as opposed to tractor-trailers.� Mr. O�Brien, Borough Planner, proposed two 6� concrete-filled steel yellow pipes should be added, which Elberon agreed upon.� Also, the dumpsters (behind the building) would be on a platform with enclosures.� Mr. O�Brien said there is a �blind spot� for trucks approaching the Passaic Avenue driveway.� Mr. Tango, Borough engineer, opposed one-way traffic; it would force more tractor-trailer traffic onto Passaic Avenue.� Mr. Soos, Site Committee Chairman, said he observed traffic at this area.� He saw truck tire marks in neighbors� lawns and trucks not willing to yield when oncoming trucks approached.� He also asked about the position of the new door.� Mr. Housten said the new door distance from the rear corner is 35 ft. (to the center of the door).� He stated the curb will be moved back an additional ten feet.� Mr. Peters said security guards at Restaurant Depot had directed truck traffic into the lot in the past.� He suggested a traffic directing guard be placed on Passaic Avenue.� Mr. Beninati would like an assurance to not allow Restaurant Depot not expand their existing operation.

� Mr. Santola said the Board would have to be notified for such a use variance, and believes this committee would not approve of the Depot�s expansion.� Mr. Vitale asked Ms. Estabrook if she has a tenant.� She said she has two prospective tenants.� Mr. Santola said the �land use� law does not require having secured a tenant.� If the motion is approved, Elberon agreed to including landscaping (19) Juniper bushes to� be placed along the Passaic Avenue buffer.� A motion to approve the Application was made by Mr. Soos, 2nd by Mr. Peters.� All in favor:� Mr. Beninati, Mr. Rappa, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, Mr. Lepore.� Opposed: Mr. Vitale.� Application approved.

Application #282 & #13-04, Motiva Enterprises (Shell Station), 1300 Galloping Hill Road, for a sign replacement.� Mr. Fillipone, Attorney for Motiva, proposed to remove a highway identification sign.� At present, the entire signage is 440 sq. ft., and this proposal would reduce that volume to 105 sq. ft.� Sworn in:� Mr. Zuckerman, Architect, who stated the station has two free-standing signs: a 70� high (204 square ft.) will be removed, and a 22� high (55.5 square ft.) sign would be reduced to 20� high.� The sign on the building is 33.5 square ft. and would be replaced by a 5.5 square ft. graphic.� Along with other factors, the overall signage would be reduced by 338 square ft.� The only condition that does not comply is the 6�11 �� from the ground clearance of the free-standing sign.� The traffic range of vision would not be obstructed by the lowering of this sign.� The internal illuminated letters minimize the glare of the original sign.� The Borough has an eight foot sign clearance, but in this case, adequate set-back would not prohibit traffic visibility.� Banners (point of sale signs) would be removed as part of the application approval.� A motion to approve was made by Mr. Rappa, 2nd by Mr. Lepore.� All in favor:� Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. David, Mr. Peters, Mr. Soos, and Mr. Lepore.� Opposed:� Mr. Beninati.� Application approved.

Mr. Vitale announced the Verizon wireless application is scheduled for March 4, 2004 at 7:30 p.m. He also praised the Board for their professional attitude.

At 9:50 p.m., a motion to adjourn was made by Mr. Rappa, 2nd by Mr. Schultz.� All in favor.

Respectfully submitted,

Janet M. Murphy,

Planning Board Recording Secretary

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