Planning Board Minutes from 6/24/2004

The meeting began with the Pledge of Allegiance and affirmation of the Open Public Meetings Act requirements.� A vote was taken to approve payment of the recording secretary and attorney fees, and to approve the minutes of the May 27, 2004 and June 3, 2004 minutes.� All in favor.� Present:� Mr. Beninati, Mr. Michitsch, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Soos, Mr. Candarella, and Mr. Deluca, Jr.� Absent:� Mr. David, Mr. Lepore, Mr. Clementi, Mr. Laudati, and Mr. Russo.�

RESOLUTIONS:� Application #286, Sprint Spectrum, L.P./NY SMSA, dba/Verizon Wireless, 201 South 31st Street, for the co-located wireless telecommunication monopole� and base unit.� A motion was made by Mr. Beninati to memorialize, 2nd by Mr. Peters.� A vote was taken in favor:� Mr. Beninati, Mr. Michitsch, Mr. Rappa, Mr. Vitale, Mr. Schultz, and Mr. Peters. Approved.

NEW BUSINESS:� Application #10-04, Michael Westervelt, RE:� 10 North 26th Street, for a Change of Use Variance and Parking Variance, from a warehouse to a Physical Fitness facility.� Mr. Lane, Planning Board Attorney, stated the applicant must show where the parking spaces are available.� Specific spaces should be on a �site map�.� Mr. Neri, owner of the warehouse, also owns a lot across the street.� Mr. Peters said Mr. Neri is applying for a use variance in the other lot.� Because there is no on-site parking at the warehouse, Mr. Lane stated there should be some identity of the required parking spaces.� Mr. Rappa said if Mr. Westervelt can demonstrate the specific ten parking spaces (on the lot across the street, approved and notorized by Mr. Neri) at the next Planning Board meeting; a resolution can be carried to, voted on, and memorialized at the July 22, 2004 meeting.� This parking information must be provided by the applicant and approved by the Board on or before the July meeting. This notarized drawing can be attached to the Resolution.�

Application #288,� Z. K. Associates, 718 Jefferson Avenue, for a Site Plan and Use Variance, from a warehouse to separate units.� Mr. Berna is the attorney representing Z. K. Associates.� Sworn in:� Peter Zimmerman and Al Kuehn.� Mr. Zimmerman stated Air Systems has part of the building, employing eight people.� Another tenant needs only one parking space of the seventeen spaces.� Sworn in John DeBlasiis, Certified Appraisal Service, said his company will appraise and hold a car, which will be picked up (by flatbed trucks or a smaller carrier) the following working day by another holding company in North Jersey.� There will be no cars held outside the building. There are ample parking spaces to drop off the vehicles.� Mr. Peters needs a sealed plan that will meet the fire codes, if approved.� Mr. Tango, Board Engineer, suggested the following:

Page 2

  1. The parking area needs to be �striped� (especially handicapped space)
  2. The lot must be repaired.
  3. Vegetation must be cleared up.
  4. The exterior site lighting should be adequate to illuminate the entranceway during the time of use.�

Mr. Lane suggested, as part of memorialization, the normal working hours will be nine to five (and one night until 7 p.m.)� Otherwise, there will be no outdoor parking (for appraisal vehicles).� No �damaged� vehicles will be accepted.� A minimum of two parking spaces are to be designated to this tenant.� The meeting was opened to the public.� Sworn in:� Robert Olsen, 75 Michigan Avenue, is concerned about the parking and a possible fire hazard.� Mr. Kuehn said the building is sufficiently covered with sprinklers.� Mr. DeBlasiis said cars are accepted by appointment only and there is no renting or selling of vehicles.� A motion to approve this application was made by Mr. Schulz, 2nd by Mr. Rappa.� All in favor:� Mr. Beninati, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Candarella.� Against:� Mr. Michitsch.� Approved for Resolution, complying with the suggestions of Mr. Tango and Mr. Lane.

Application # 287, Schering-Plough Corporation, K-6, 1200 Galloping Hill Road, for a Site plan, flood study improvements and variance.� Mr. Barry Morrell is the Attorney for Schering.� He stated elements of this plan involving K-6 that need Board approval are; the entranceway, the auditorium, and the loading dock.� In addition, because of construction of these three areas, to provide flood storage capacity, there will be a need to lower the elevation of an area by K-6, converting this to a surface parking area.� Presently, there are no plans to build a parking lot, as there is adequate parking.� However, if a 96-space lot is built (in the future), there will be a need to increase a storage capacity in an area by Reinhold Terrace.� The two variances are for: one for two parking spaces and, second, a 96-parking space lot (that may not be actually built) in a flood plain.� Sworn in:� Douglas Meeter, Architect and Planner, representing Schering.� Exhibit C-1 shows two ponds on site.� Alarms will be on these ponds to signal a flood alert.� Manholes and �check� or tidal valves will prevent water from backing up into the building.� Since some of the entryways are below flood elevations, Special doors will be alerted by pond alarms.� In Building # 6, the two areas of concern are the employee entry, the loading dock, and an entry to the auditorium.� Drawing A-3.11 shows the employee entryway about 9� below flood elevation, with a �flood retaining wall� at the 89.5� flood level.�

Drawing A-2.11 shows the loading dock for Building #6.� It is 13� below the flood elevation.� The proposal is to extend the dock out approximately 13� from the base and construct a flood retaining wall.� This opening will have a manual �flood gate� to prevent water from entering the loading area.� Drawing A-1.11 shows the Auditorium area.� A stairway and ramp slopes below the flood elevation.� A wall and manual gate would seal off this area from flooding.� Drawing LS-1 proposes re-grading a present treed area.� The possible future parking lot would utilize a nearby detention basin.� Other trees would be planted in the proposed parking area.� The flood plain capacity should become increased.

Page 3

Mr. Morrell referred to Mr. O�Brien and Mr. Tango�s reports.� A one-for-one tree will be replaced, and the additional trees will be planted near Reinhold Terrace and in the detention area.� The first 30� of natural vegetation near that street will not be disturbed.� Mr. Vitale asked if any effect will be felt �Moore�s Creek� (by 31st Street).� Mr. Morell said the improvements made will retain water on the Schering site.� Storm water drainage calculations have aerated ponds.� Mr. O�Brien, Board Planner, showed (P-1) photos of the Auditorium entrance, the site of the proposed detention basin/future parking lot.� Another photo shows the buffer area and run-off area.� He questioned if the parking is adequate, and how would the �buffer� be affected on Reinhold Terrace.� The Board could accept a �concept plan� if the Resolution is approved.� A landscaping plan will be subject to review later.� Mr. Lane questioned if the basin would be adequate for water run-off� when the parking lot is built.� Mr. Morrell said the basin has a D.E.P. permit and will be adequate.� Mr. Lane said that, as a condition of approval, the D.E.P. permit should be submitted to the Board for confirmation.� Mr. Tango asked if the lot gets paved, would the detention basin be maintained and periodically groomed.� Mr. Rappa asked about the natural buffer on the Reinhold Terrace side.� Mr. O�Brien said, although the Schering buildings are shielded from sight during the growing seasons, some fir trees could be planted to fill in the gaps.� The meeting was open to the public.� Sworn in:� Virginia Espousa, 50 Reinhold Terrace, stated that presently, water at the basin is stagnant for weeks.�� She had the mosquito commission come out to spray the water.� Her pump runs constantly after the rain.� Another neighbor, Maria Rodruques, was sworn in.� She also said that mosquitoes infest the area of the water basin, (because it is a low-lying area).� Mr. Tango asked if Schering could excavate a part of the stream to allow water to flow

(within the stream-encroachment permit).� Mr. Morrell said their engineer stated the situation should improve with the application.� Sworn in:� Miguele Espousa, 50 Reinhold Terrace.� He said there has been drainage problems, especially in the past two years, for the neighbors.� He suggested a �pipe� be placed to alleviate water problems.� Mr. Morrell promised that Erika Ferring, a representative of Schering, will co-operate with the neighbors to help alleviate the present water problems.

Mr. Lane said the conditions of the Resolutions would be in Mr. Tangos� report and that the future landscaping would be addressed when the parking lot is built.� Mr. Morrell said at least one-for-one trees would be replaced in the area, and, upon creating the proposed parking lot, Schering will submit plans for the nearby water basin.� A motion to approve the application was made by Mr. Schultz, 2nd by Mr. Rappa.� All in favor:� Mr. Beninati, Mr. Michitsch, Mr. Rappa, Mr. Vitale, Mr. Schultz, Mr. Peters, Mr. Soos, Mr. Candarella, and Mr. DeLuca, Jr.� Approved for Resolution.

OTHER BUSINESS: A challenge of the Zoning Officers� decision.� Sworn in:� Mr. Anthony Peters, 531 Monroe Avenue.� He stated several years ago, he built a free-standing deck. He was recently denied a permit because of a 20� rear yard setback zoning ordinance. He showed a picture of a recently-built deck on Center Street that, therefore, is in violation of that ordinance.

Page 4

Mr. Peters� deck surrounds a spa.� He has a letter from Mr. Vitale, former Borough Attorney, to Mr. Rica, former zoning official.� It describes a problem with an interpretation of a zoning ordinance.� Mr. Peters said these ordinances do not specifically address decks. Presently, the 1986 BOCA code is used for swimming pools, but there is no zoning code.� A swimming pool (as a structure) is presently required to be placed at least 6� from the property line.� The outermost edge of his deck is 7� from the property line. He quoted Ordinance #63-10 concerning accessory structures.�� Mr. Peters disagrees with the Building Inspector that he needs a variance. Sheds and garages are addressed in our zoning laws. Decks, unattached decks, or swimming pools are not specifically addressed in our zoning laws.� Mr. Lane said that Mr. Peters is entitled to challenge Mr. Malanda�s interpretation of the zoning ordinance.� Mr. Lane said that at a prior Planning Board meeting a committee should be formed to make recommendations and improve our zoning laws. Mr. Vitale recused himself for the vote.� A motion to grant Mr. Peters appeal was made by Mr. Michitsch, 2nd by Mr. DeLuca.� Against Mr. Peters appeal:� Mr. Beninati, Mr. Rappa, Mr. Scultz, Mr. Soos, Mr. Candarella.� Appeal denied.

At 11 p.m., a motion for adjournment was made by Mr. Michitsch, 2nd by Mr. Schultz.

Respectfully Submitted,

Janet M. Murphy,

Planning Board Recording Secretary

ADS - Applied Dynamic Solutions, LLC ADS, LLC   email webmaster