Roseland Planning Board

MINUTES ROSELAND PLANNING BOARD REGULAR MEETING APRIL 20, 2015

CALLED TO ORDER:

Chairman LaSalle called the meeting to order at 7:00 p.m. Those present on roll call were: Louis LaSalle, Chairman Dick Reynolds Councilman David Jacobs Michael Oliveira Joe LaMonica Jack A. Gordon Nancy Sayer, Alt. #1 Steve Salvanto, Mayor’s Alternate Vincent Loughlin, PB Attorney Ralph Tango, PB Engineer Those absent were: Charles Minervino, Vice Chairman Martin Marasco Manny Oliveira, Alt. #2 Mayor John Duthie

SALUTE TO FLAG

STATEMENT OF COMPLIANCE:

In compliance with Chapter 231 of the Public Laws of 1975, notice of this meeting was given by way of annual notice filed with The Progress, The Star Ledger, and the office of the Administrator of Roseland on February 5, 2015 as so certified by the Secretary. Notice has also been posted in a public place in Borough Hall, 19 Harrison Avenue, Roseland, NJ.

CLOSED SESSION:

a. Discussion with Scott Fahrney, attorney representing the Planning Board, about the status of the lawsuit relating to Valley Partners 124 LLC (d/b/a Il Piccolo).

A motion was made by Mr. Reynolds and seconded by Michael Oliveira to go into confidential session at 7:05 p.m. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, and Salvanto, Yes.

A motion was made by Councilman Jacobs and seconded by Mr. Reynolds to reconvene the regular meeting at 7:28 p.m. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, and Salvanto, Yes. Minutes PB Regular Meeting April 20, 2015 Page Two

APPROVAL OF MINUTES:

The minutes of the Regular Meeting of March 16, 2015.

A motion was made by Mr. Gordon and seconded by Michael Oliveira to approve the minutes as presented. Roll Call: LaSalle, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, and Salvanto, Yes. The motion was approved 6-0.

The minutes of the Confidential Session of March 16, 2015.

A motion was made by Mr. Gordon and seconded by Mr. LaMonica to approve the minutes as presented. Roll Call: LaSalle, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, and Salvanto, Yes. The motion was approved 6-0.

APPLICATIONS TO BE HEARD:

#12-01 Amended – Sheryll Perez – Block 7, Lot 12.01. Request for an Amended Minor Subdivision with an additional variance to allow 44.7% impervious coverage, whereas 35% is permitted, located at 26 Cooper Avenue in the R-4 Zone.

Ricky Perez, the applicant’s husband, explained to the Board that one of the reasons the property was over the lot coverage was due to a gravel area that his builder told him was not considered impervious coverage. They also made the driveway 2-feet wider than approved and added a small patio at the rear of the property. He stated that they went way over budget to build this house and did not have the money to remove the patio, 2-feet of the driveway, and stone to meet the requirement.

A motion was made by Councilman Jacobs and seconded by Ms. Sayer to approve the amended application as presented. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, No, Sayer, Yes, and Salvanto, Yes. The motion was approved 7- 1.

#15-02 – John Florio – Block 5, Lot 1. Request for a Minor Subdivision with associated variances located at 33 Cooper Avenue in the R-4 Zone.

Michael Sullivan, attorney for the applicant, went through the variances being requested for the minor subdivision. He stated that the size, design, and setbacks fit into the existing neighborhood.

Chuck Stewart, the applicant’s engineer, described the existing conditions and the proposed 2 lot subdivision. He gave a brief history of the surrounding area and submitted the following exhibits: A-1 map of Roseland Park; and A-2 enlarged sheet 3 of the Roseland tax map. Mr. Stewart stated that he would comply with the items in Mr. Tango’s April 14, 2015 memo. The Minutes PB Regular Meeting April 20, 2015 Page Three tax map showed the surrounding lot sizes and it was his opinion that the proposal would fit in with the existing neighborhood. He stated that the typical house in the area with regards to size and setback are similar to the proposed home. A seepage pit would be installed to avoid off- site water runoff. The proposed house is modest in size and the minor subdivision meets the positive and negative criteria with no substantial detriment to the public good or impairment to the zone plan. He stated that he looked at reducing the lot coverage, but it was impractical to do so. Mr. Tango stated that his comments could be incorporated as conditions of approval if the application was approved.

Daniel Roma, the applicant’s architect, submitted the following exhibits: A-3 architectural drawings with added notations and corrections; A-4 attic plan. Mr. Roma stated that they are not proposing finishing the basement or the attic, but would like the ability to do so in the future. Neither space is designed to be slept in.

A motion was made by Mr. LaMonica and seconded by Mr. Reynolds to approve the application as presented. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, and Salvanto, Yes. The motion was approved 8-0.

A break was taken from 8:21 p.m. to 8:37 p.m. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, Salvanto, Yes, Tango, Yes, and Loughlin, Yes.

#15-03 – Centerville Market – Block 42, Lot 1. Conceptual Site Plan review for a convenience store with access onto Godfrey Avenue located at 191 Eagle Rock Avenue in the B-1 Zone.

Charles Rosen, attorney for the applicant, stated the proposal is for a market, Dunkin Donuts, and Baskin Robbins.

Thomas O’Beirne, applicant, described the prior use of the property and the current proposal. He entered into exhibit the following: A-1 revised floor plan, A-2 elevations, and A-3 revised conceptual site plan. He went over the concerns that the Board of Adjustment had during a prior application with truck deliveries and left hand turns out of the site. To correct this concern, he is proposing a driveway from the site onto Godfrey Avenue. It was his opinion that if he was not granted the driveway, visitors to the site would go around the block and exit from Godfrey Avenue anyway. He proposed a sign listing all 3 uses on site. There would be no baking on site, no drive through, and no seating.

Chuck Stewart, the applicant’s engineer, described the changes to the plan from the submittal.

Mr. Gordon stated that the proposed addition is creating an increase in the setback variances required.

Mr. Rosen was looking to hear any suggestions or concerns the Board may have. The Board Minutes PB Regular Meeting April 20, 2015 Page Four stated that the traffic, site circulation, and proposed setbacks were all concerns.

#07-10 Amended – Garden State Property Management XX, LLC – Block 8, Lot 6.1 & 6.2. Request for an Amended Minor Subdivision to allow finished basements located at 18 and 20 Glen Avenues in the R-4 Zone.

Rinaldo Forzani, attorney for the applicant, was asked by Vince Loughlin to discuss the res judicata issue prior to presenting the application. Mr. Forzani stated that the current proposal is substantially different from the prior proposal because they were requesting to finish the basements only. He stated that the building plans for the built buildings were changed so there were no longer stairs to the attic.

Vince Loughlin asked for proof that the plans were changed. The applicant did not have any proof, and Mrs. Tynan stated that she could not answer whether or not there were stairs to the attic. The Board decided that the hearing would be postponed until the applicant submitted the information requested.

The Board announced that the application would be on the May 18, 2015 agenda with no further notice required.

#15-01 – Anthony & Andrea Dente – Block 46, Lot 3. Request for a Minor Subdivision with associated variances located at 3 Harrison Avenue in the R-4 Zone.

Charles Rosen, attorney for the applicant, stated that the proposal is for a 2 lot subdivision with 2 variances, one of which is existing and the other created by the subdivision. The applicant looked into moving the driveway but, due to the topography and landscaping, it was not practical. Chuck Stewart, engineer for the applicant, described the current conditions and the proposal. He stated that the existing well on the site would be abandoned. There was a discussion on the possible historical significance of the barn. Mr. Dente stated that the historical society members were welcome to visit the barn prior to it being razed. He agreed to donate anything the historical society wanted to them.

Mr. Tango stated that the structures must be razed prior to the subdivision being perfected. He also stated that a footprint is not being approved with this subdivision.

Rosemary Garrity, attorney representing the buyer of lot 6.01, stated that her client is proposing to build a 2 story dwelling that will comply with the ordinance.

A motion was made by Mr. Michael Oliveira and seconded by Mr. Salvanto to approve the application as presented. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, and Salvanto, Yes. The motion was approved 8-0. Minutes PB Regular Meeting April 20, 2015 Page Five

GENERAL BUSINESS:

a. Vouchers – April Bill List

A motion was made by Mr. Reynolds and seconded by Councilman Jacobs to approve the bill list as presented. Roll Call: LaSalle, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, and Salvanto, Yes. The motion was approved 8-0.

b. Discussion to begin the process of the Master Plan Committee and request funds from the Council to conduct the meetings

Mrs. Tynan stated that she needed proposals from any experts that Mr. LaSalle wanted to have input into the Master Plan. She and Mr. LaSalle would speak about forming the committee.

ADJOURNMENT:

The meeting was adjourned at 10:00 p.m.

Respectfully Submitted, Gail Tynan, Planning Board Secretary