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:
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.
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.
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.
Janet M. Murphy,
Planning Board Recording Secretary
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