Chairman Hennion Commissioner Campilango Councilman D Angelo

MINUTES – SEPTEMBER 12, 2013

Chairman Hennion called the Planning Board meeting of Thursday, SEPTEMBER 12, 2013, to order at 8:05 p.m. in the Municipal Building of the Borough of Totowa. PRESENT: Chairman Hennion Commissioner Campilango Councilman D’Angelo Vice Chairman Coiro Commissioner Festa Nordan Murphy, PE Richard Brigliadoro, ESQ The clerk read the statement of the meeting as follows: The meeting of the Planning Board to be held on the 12th day of September 2013 is in accordance with the Schedule of Annual Notice, which is posted, and in accordance with Chapter 231 P.L. 1975 of the State of New Jersey. The agenda for this meeting has been prepared and distributed to the members of the Planning Board and a copy has been on file in the Construction Official’s Office.

ITEM #1 WeatherTight Systems, Inc. Block 173- Lot 13 Minor Site Plan 17 Furler Street Certificate of Use

Mr. Stephen Barbuto appeared requesting approval for occupancy of 3,000 sq. ft. of space on the first floor to be used for Administrative services only. Mr. Barbuto testified as to the nature of the business stating that it is a commercial roofing business. No materials or equipment will be stored at this location.

Chairman Hennion read a letter of intent into the record. The anticipated hours of operation would be Monday thru Friday from 8:30am to 5:00pm. There will be three employees.

A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the application for occupancy as presented. This approval is subject to and contingent upon the following conditions and will be memorialized in a Resolution at a future date: 1. The construction of internal partitions, exits, entrances and fire safety devices are subject to and require the approval of the fire sub-code official, the fire inspector and the building inspector. 2. The applicant will supply the Chief of Police with an emergency contact list and will also obtain the approval of the Police Chief in regards to all alarms and security devices 3. There will be no outside storage of materials, equipment or commercial vehicles. 4. The anticipated hours of operation will be Monday thru Friday from 8:30am to 5:00pm. There will be three employees. Five agreed on a roll call vote………5-0 Tape 21- 313 - PLANNING BOARD MEETING SEPTEMBER 12, 2013 MINUTES CONTINUED PAGE 2

ITEM #2 Yankee Bill’s Costume Superstore Block 174 - Lot 12 Minor Site Plan 225 Route 46 West Certificate of Use

Mr. Chris Franchey – VP, appeared requesting temporary occupancy of approximately 4,000 sq. ft. of retail space for a Halloween specialty store. The applicant indicated they would vacate the premises by November 5, 2013. The applicant stated that only window signs would be used and they would not exceed 20% of the window space. Any/all other temporary signs must comply with the Boro Sign Ordinance.

Chairman Hennion read a letter of intent into the record. The anticipated hours of operation in will be seven days per week from 10:00am to 8:00pm. There will be 3 to 5 employees. It was noted by Planning Board members that 2012’s temporary sign had not been removed upon vacating the premises.

After a discussion, a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the application as presented. This approval is subject to and contingent upon the following conditions and will be memorialized in a Resolution at a future date: 1. The construction of internal partitions, exits, entrances and fire safety devices are subject to and require the approval of the fire sub-code official, the fire inspector and the building inspector 2. The applicant will supply the Chief of Police with an emergency contact list and will also obtain the approval of the Police Chief in regards to all alarms and security devices. 3. The anticipated hours of operation in will be seven days per week from 10:00am to 8:00pm. 4. There will be no outside storage of equipment/materials. 5. The applicant will vacate the property and remove all temporary signs by November 5, 2013. 6. The applicant stated that only window signs would be used and they would not exceed 20% of the window space. Any/all other temporary signs must comply with the Boro Sign Ordinance. Five agreed on a roll call vote………5-0 Tape 21 – 1003 ITEM #3 FYC Recycling, LLC Block 170.02- Lot 2 Site Plan Approval 289 Maltese Drive Mr. John Antonucci, owner, and George Cascino, Engineer appeared requesting occupancy of 2.75 acres to operate a recycling business for unusable concrete, asphalt, and construction building material. Dirt, sand, and organic material will also be accepted to recycle into topsoil for various landscapers.

Chairman Hennion read a letter of intent into the record. The anticipated hours of operation in will be Monday thru Saturday from 7:00am to 4:00pm. There will be 3 to 4 employees.

Mr. Antonucci further testified that there would be eight to twelve trucks per day. He indicated a traffic study is being done for the Department of Environmental Protection pertaining to the flow of traffic at the intersections of Riverview Drive and West End Road, and Riverview Drive and Madison Road.

Mr. Cascino, Engineer testified as to the layout of the property and the processing stations. He also submitted a revised Drainage & Utility Plan labeled Exhibit A1. Mr. Cascino reviewed the Planning Board Engineer’s review letter dated September 11, 2013 and stated that all of his comments have been addressed.

A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to open the public portion of the meeting. All Agreed on a roll call vote………5-0 Tape 21 – 2686 PLANNING BOARD MEETING SEPTEMBER 12, 2013 MINUTES CONTINUED PAGE 3

NO PUBLIC TO BE HEARD

A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to close the public portion of the meeting. All Agreed on a roll call vote………5-0 Tape 21 – 2720 After a discussion, a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the application as presented. This approval is subject to and contingent upon the following conditions and will be memorialized in a Resolution at a future date: 1. The construction of internal partitions, exits, entrances and fire safety devices are subject to and require the approval of the fire sub-code official, the fire inspector and the building inspector 2. The applicant will supply the Chief of Police with an emergency contact list and will also obtain the approval of the Police Chief in regards to all alarms and security devices.

NEW TAPE 22 (problem with recorder)

3. The anticipated hours of operation will be Monday thru Saturday from 7:00am to 4:00pm. There will be 3 to 4 employees. 4. The applicant states there would be eight to twelve trucks per day. 5. The applicant submitted revised Drainage & Utility Plans dated 3/26/13 thru 9/12/13. Five agreed on a roll call vote………5-0 Tape 22- 2737

ITEM #4 Anjo Realty, LLC Block 11- Lot 12.01 Minor Subdivision 145 Shepherds Lane Mr. Leon Consales, Attorney for the applicant, Mr. Joseph Sterba and Mr. Patel appeared requesting the approval for a minor subdivision/lot line adjustment.

Mr. Patel testified that he is the owner of Reliance Electronics Inc., which is presently located at 20 West End Road in Totowa. Mr. Patel confirmed that he is a contract purchaser for 145 Shepherds Lane. Mr. Patel seeks to relocate his business from 20 West End Road to 145 Shepherds Lane. He described the business operation as light manufacturing of computer parts and will also be utilized for office purposes related to the business. . The present hours of operation are primarily 7:00 a.m. to 7:00 p.m., Monday through Friday and on Saturday from 7:00 a.m. to 2:00 p.m. There are thirty employees onsite. Tractor Trailer Truck deliveries will be approximately one time per week. On an everyday basis, he explained that UPS type delivery trucks are the trucks that would access his site.

Mr. Joseph Sterba, a licensed professional architect testified in regard to the site location and proposed development. Lot 12.01 is currently 4.08 acres. The Applicant proposes to reduce the lot area of Lot 12.01 to 3.08 acres by adjusting the rear property line. The new lot area for Lot 12.01 will be 134,164.13 sq. ft. Lot 12.02 is currently 3.73 acres in area. The application seeks to increase the lot area of Lot 12.02 to 4.74 acres. The new lot area for Lot 12.02 will be 206,274.32 sq. ft.

Mr. Sterba also reviewed the proposed site improvements. The Applicant proposes the construction of a new driveway access from Shepherds Lane to serve the vacant building on Lot 12.01. The construction of the driveway and associated parking within Lot 12.01 along the northeasterly lot line will result in the elimination of shared parking spaces along this lot line. Furthermore, the expansion of the existing driveway along the easterly side of the building is designed to accommodate a new loading dock. The applicant proposes to PLANNING BOARD MEETING SEPTEMBER 12, 2013 MINUTES CONTINUED PAGE 4

eliminate the existing parking spaces in the vicinity of the loading dock. The applicant also proposes the installation of drainage improvements and other associated site improvements.

In regard to onsite parking relative to Lot 12.01, there will be ninety parking spaces on the lot. Mr. Patel confirmed that he has thirty employees and that ninety parking spaces are more than sufficient to meet the needs of his company. Mr. Sterba explained that the reduction in lot area of Lot 12.01 is essentially being accomplished by conveying that portion of a 100 foot wide buffer area behind Lot 12.01 to incorporate it into the lot area of Lot 12.02. Anjo Realty will continue to own Lot 12.02 after the subdivision is granted. Mr. Sterba also indicated that all lighting onsite will conform to ordinance requirements and the applicant will install an enclosed dumpster approximately two yards in size in the area of the new loading dock. Installing the dumpster will eliminate two parking spaces on the easterly side of the building in order to accommodate the proposed loading area. Thus, the number of onsite parking spaces for Lot 12.01 will be reduced from ninety (90) spaces to eighty-eight (88) spaces. It was further explained that the dumpster is basically for cardboard recycling. The applicant indicated that they will comply with the Boro Sign Ordinances.

NEW TAPE 23 (problem with recorder) The Applicant’s professionals also reviewed the contents of the Planning Board Engineer’s review report dated September 11, 2013, and confirmed that the Applicant will comply with all terms and conditions of the Planning Board Engineer’s review report.

A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to open the public portion of the meeting. All Agreed on a roll call vote………5-0 Tape 23 – 2332 NO PUBLIC TO BE HEARD

A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to close the public portion of the meeting. All Agreed on a roll call vote………5-0 Tape 23 – 2351 After a discussion, a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the application as presented. This approval is subject to and contingent upon the following conditions and will be memorialized in a Resolution at a future date: 1. The construction of internal partitions, exits, entrances and fire safety devices are subject to and require the approval of the fire sub-code official, the fire inspector and the building inspector 2. The applicant will supply the Chief of Police with an emergency contact list and will also obtain the approval of the Police Chief in regards to all alarms and security devices. 3. No outside storage of equipment, materials or trucks. 4. The 100 foot buffer area, which is adjacent to the adjoining residential properties, will remain in its natural state with no development proposed. The buffer will be maintained by the owner of Lot 12.02. 5. The Deed recorded memorializing the minor subdivision shall specifically refer to this Resolution and shall be subject to the review and approval of the Board Engineer and Board Attorney. Five agreed on a roll call vote………5-0 Tape 23- 2372 Item #5 MedExpress Urgent Care-NJ Block 174- Lot 12 Minor Site Plan 195-235 Route 46 West Certificate of Use PLANNING BOARD MEETING SEPTEMBER 12, 2013 MINUTES CONTINUED PAGE 5

Ira Weiner, Attorney for the applicant and David Delaney, Director of Permits for the applicant appeared requesting approval for occupancy of 4,753 sq. ft. of space to be used as walk-in only medical facility for the public.

Mr. Delaney indicated that there will be 11 examination rooms, a seating area and a front office/administrative area as well as a clinical area. There will be a procedure room in order to perform minor surgical procedures. Mr. Delaney also stated that the facility would be able to provide x-ray services and lab services. They will also have procedures in place for administering I-Vs and drawing blood. The anticipated hours of operation will be from 9:00am to 9:00pm seven days per week. There will be a maximum of ten employees at any one time and that each staff member works 12 hour shifts. Staff members include a medical doctor, nurse, radiology technician, two front office administrative personnel and possibly another one or two nurses or a nurse practitioner or physician assistant. A Floor Plan & Sign Proposal was submitted and marked as Exhibit A1. The proposal allows for a 69 sq. ft. sign

After a discussion, a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the application as presented. This approval is subject to and contingent upon the following conditions and will be memorialized in a Resolution at a future date: 1. The construction of internal partitions, exits, entrances and fire safety devices are subject to and require the approval of the fire sub-code official, the fire inspector and the building inspector 2. The applicant will supply the Chief of Police with an emergency contact list and will also obtain the approval of the Police Chief in regards to all alarms and security devices. 3. There will be no outside storage of materials or equipment 4. The anticipated hours of operation are from 9:00am to 9:00pm seven days per week. There will be a maximum of ten employees at any one time and each staff member works 12 hour shifts. 5. The applicant will install a building façade mounted sign on the front of the building not to exceed sixty-nine sq. ft., a sign panel to be installed in the existing freestanding pylon sign in the space provided, as well as a vinyl sign one sq. ft. in size to be installed on the glass door panel entrance to the office suite. 6. Any and all licenses, permits, or approvals that are issued in regard to this business must remain in full force and effect at all times that the business is in operation at this location. 7. The granting of this application is subject to and conditioned upon the Applicant properly disposing of all medical waste in accordance with all State and Federal regulations. Five agreed on a roll call vote………5-0 Tape 23- 5028 ITEM #6 Review of New Ordinance 14-2013 -Tattoo Artists.

After a discussion, the Planning Board recommends the approval of the proposed Ordinance 14-2013 stating that it is consistent with the Master Plan.

A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to advise the Mayor and Council that the proposed Ordinance 14-2013 is consistent with the recently amended Master Plan and that they recommend it be approved. Five agreed on a roll call vote………5-0 Tape 23 -6673 A motion was offered by Commissioner Campilango and seconded by Chairman Hennion to approve the Minutes of August 15, 2013 as prepared. Three agreed on a roll call vote……….3-0 Vice Chairman Coiro and Commissioner Festa abstained Tape 23 – 5358 PLANNING BOARD MEETING SEPTEMBER 12, 2013 MINUTES CONTINUED PAGE 6

RESOLUTIONS: A motion was offered by Commissioner Campilango and seconded by Chairman Hennion to approve the resolution for new Ordinance 11-2013, to create a new B-6 Zone as presented. Three agreed on a roll call vote……….3-0 Tape 23 – 5496 A motion was offered by Commissioner Campilango and seconded by Chairman Hennion to approve the resolution for Minnie Nails – Block 105-Lot 12 as presented. Three agreed on a roll call vote……….3-0 Tape 23 – 5586 A motion was offered by Commissioner Campilango and seconded by Chairman Hennion to approve the resolution for Community Care RX NJ – Block 174-Lot 12 as presented. Three agreed on a roll call vote……….3-0 Tape 23 – 5628 VOUCHERS: A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve a series of vouchers for Weiner and Lesinak for the Professional services as listed below: Invoice 163175 TOT-100 General File in the amount of $96.60 Invoice 163176 TOT-729L Charles Bressman & J&J Specialized in the amount of $260.50. Invoice 163177 TOT-730E FYC Recycling LLC – Block 170.02-Lot 2 in the amount of $142.50 Invoice 163178 TOT-731E Anjo Realty – Block 11-Lots 12.01 & 12.02 in the amount of $142.50 Invoice 163179 TOT-732E Community Care RX NJ – Block 174-Lot 12 in the amount of $190.00 Invoice 163180 TOT-733E Minnie Nails – Block 105-Lot 12 in the amount of $190.00 Five agreed on a roll call vote………5-0 Tape 23 - 5678 A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve a voucher for Alamo Engineering for the Professional services as listed below: Invoice 073509 Digital Totowa, LLC in the amount of $160.00 Five agreed on a roll call vote………5-0 Tape 23 -5817 A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve a voucher for Corrado & Corrado Esqs. for the Professional services as listed below: Prepare Developer’s Agreement between Boro of Totowa and Digital Totowa, LLC in the amount of $7,530.18 Five agreed on a roll call vote………5-0 Tape 23 - 5895 There being no other business, a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to adjourn the meeting. All in favor………5-0 Tape 23 - 5912

Respectfully submitted,

Pete Campilango, Secretary

Patricia Paulson Planning Board Clerk Date Approved