PLANNING BOARD MEETING 1 APRIL 20, 2017
In compliance with the Open Public Meetings Act of the State of New Jersey adequate notice of this meeting has been mailed to The Daily Record, Mount Olive Chronicle, and posted at the municipal building and on the township website.
ROLL CALL: Members Present: Joe Fleischner, Brian Schaechter, John Mania, John Batsch, Howie Weiss
Members Excused: Ken Forlenza, Kim Mott, Henry Fastert, Dan Nelsen, Carl Mase, Joseph Ouimet
Professionals Attending: Chuck McGroarty, Planning Consultant; Eugene Buczynski, Township Engineer, Scott Eveland, Esq., Catherine Natafalusy, Planning Administrator/Secretary
Professionals Excused: Edward Buzak, Esq.
MR. WEISS: Thank you. Before we get into the agenda tonight, I have one announcement. Application Number PB 16‐34, Manjit Singh Bajwah has been carried and will not be heard tonight. It was carried till June 8th, 2017. There will be no further notice. That application will not be heard tonight. If you are here for that application, it will certainly not be heard tonight. Next item on our agenda is Approval…
MS. NATAFALUSY: Mr. Chairman, we also got a letter from Mr. Sposaro granting us an extension thru the end of June with the application.
MR. WEISS: It expired when?
MS. NATAFALUSY: May 10th.
MR. WEISS: Ok.
MS. NATAFALUSY: So, the board is ok with that extension?
MR. WEISS: Yes, of course, we don’t have much of a choice on that one.
MS. NATAFALUSY: Right.
MR. WEISS: Ok, so we’ll hear that and that’s going to be the only thing heard on June 8th, correct?
MS. NATAFALUSY: Correct.
MR. WEISS: So far, nothing else on the agenda.
MS. NATAFALUSY: We are not putting…we are totally giving them the night.
MR. WEISS: Fair enough, that’s the right thing to do.
APROVAL OF MINUTES DECEMBER 15, 2016 PUBLIC MEETING
MR. WEISS: Approval of minutes, December 15, 2016, you’ve gotten a copy of that in advance. Does anybody have any comments or questions? John, would you like to make a motion, John Batsch?
MR. BATSCH: Yes, I’ll make a motion to approve minutes of December 15th.
MR. WEISS: Thank you, John. Joe, second?
MR. FLEISCHNER: Second.
MR. WEISS: Comments, questions? Catherine, roll call.
PLANNING BOARD MEETING 2 APRIL 20, 2017
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Batsch ‐ yes Howie Weiss ‐ yes
RESOLUTION PB 16‐32, JR BON‐1, LLC, BLOCK 8300, LOT 6
MR. WEISS: We have a bunch of resolutions on the agenda. Let’s skip the first one for now because there will be some conversation. We are going to jump over to PB 16‐32, JR‐Bon 1, LLC. Somebody please make a motion.
MR. SCHAECHTER: I’ll make the motion to move PB 16‐32, JR Bon‐1, LLC.
MR. WEISS: Thank you, Brian.
MR. FLEISCHNER: I’ll second it.
MR. WEISS: Joe seconded it. Any comments, conversations? Scott, just to confirm there are no changes on this.
MR. EVELAND: No, there’s been no changes or revisions.
INAUDIBLE
MR. EVELAND: Yes, they were…on the last agenda that we had ended up carrying so these are the same ones.
MR. WEISS: I just wanted to make sure that the time between that and now, there has been no conversation that required a change. So the copy I have will be the official copy. Catherine, roll call.
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Batsch ‐ yes Howie Weiss ‐ yes
RESOLUTION PB 11‐35, ELEVENTH HOUR RESCUE, BLOCK 8301, LOTS 11 & 12
MR. WEISS: Next resolution, PB 11‐35, Eleventh Hour Rescue. Joe?
MR. FLEISCHNER: I move we approve PB 11‐35, Eleventh Hour Rescue.
MR. SCHAECHTER: I’ll second that.
MR. WEISS: Thank you, Joe. And thank you, Brian. Any conversation? Seeing none. Scott same thing.
MR. EVELAND: Same thing, yes. No changes.
MR. WEISS: Ok, motion made and seconded. Catherine, roll call.
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Batsch ‐ yes Howie Weiss ‐ yes
PLANNING BOARD MEETING 3 APRIL 20, 2017
RESOLUTION PB 15‐23, NOVAKY, BLOCK 2603, BLOCKS 1 & 4
MR. WEISS: Next resolution is PB 15‐23, Todd Novaky, Brian, would you move that please.
MR. SCHAECHTER: Sure, I would like to move PB 15‐23, Todd C. Novaky.
MR. WEISS: Thank you.
MR. BATSCH: I second.
MR. WEISS: Thank you, John. Any comments, questions? And I’m sure there are no changes there. Scott?
MR. EVELAND: No.
MR. WEISS: Catherine, roll call.
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Batsch ‐ yes Howie Weiss ‐ yes
RESOLUTION PB 17‐01, MINHSON NGUYEN, BLOCK 7610, LOT 18
MR. WEISS: We have resolution for PB 17‐02, Minhson Nguyen. Joe, would you move that please.
MR. FLEISCHNER: I move we approve PB 17‐02, Minhson Nguyen.
MR. MANIA: I’ll second it.
MR. WEISS: Thank you, Joe and John. I have a question though in the copy I have, it says Application 17‐01. Is it 01 or 02?
MS. NATAFALUSY: It should be 01. That’s the first application this year.
MR. WEISS: Ok, the resolution that I have is correct then, it’s typed wrong on the agenda then. Just…is everyone ok with that? Now that the application number is correct it’s 17‐01.
MS. NATAFALUSY: Yes.
MR. WEISS: Ok.
MR. FLEISCHNER: So noted.
MR. WEISS: Thank you, Joe. It’s noted that it’s correct on the document that we are going approve or not approve. Motion made and seconded. Catherine, roll call.
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Mania ‐ yes Howie Weiss ‐ yes
PLANNING BOARD MEETING 4 APRIL 20, 2017
RESOLUTION PB 16‐33 NEW CINGULAR, BLOCK 7500, LOT 6
MR. WEISS: And we have PB 16‐33, New Cingular Wireless, it’s an amended resolution.
MR. EVELAND: We are going to have to hear testimony on that one first. So, we are going to need to hear testimony because there was some amendments that they wanted to make to it subsequent to when we do the memorializing resolution so what they’re going to do is come back…either they are going to come on, present their engineer’s testimony as to what the amendments were that basically reflect what was approved previously. They went back to the previous approval but they are going to put on the record exactly what was done. Mr. Buczynski is going to…you know…go through and ask any questions that have to do with that so we have a clear record on that. What’s been prepared for you is an amended resolution. Amended that’s based upon what I think they’re going to be testifying to today in terms of the changes after discussions with their attorney. So that’s what we have and we’ll go through that after…
MR. WEISS: So we don’t have to memorialize what we did the first time before we changed the resolution?
MR. EVELAND: No, no, so…
MR. WEISS: Ok, I’ll take your advice…
MR. EVELAND: We’re going to do the amended…we are going to have them put testimony on tonight and then we’re going to amend it.
MR. WEISS: And then we’ll approve or not this resolution?
MR. EVELAND: Yes, that’s correct.
RESOLUTION PB 16‐13, EYE SPY (DENIAL), BLOCK 102, LOT 5
MR. WEISS: Ok, so let’s jump back up to our Eye Spy resolution PB 16‐13. Eye Spy Media denial. Joe, will you please make a motion?
MR. FLEISCHNER: Before we do that, Catherine, there was a…could you hand out the revised…inaudible…please?
MR. EVELAND: What you have are in black line so that the revisions that we made just recently and they are highlighted for you what those revisions were based upon…discussions that I had with Mr. McGroarty, Mr. Weiss, and so there was some other revisions that we made in there and also I just want to put on the record that Mr. McGroarty had another revision on Page 5, in paragraph 14, it’s about the 1,2,3,4,5,6,7,8, about the 9th line down where it refers to 16 existing billboards, you see that in the middle of the paragraph? That’s going to be revised when the motion comes around to say due to the fact that there are 16 existing billboards along the five mile length of Route 46 in the Budd Lake area…ok, it will be stricken within a distance of approximately five miles…that portion will be stricken in order to reflect more accurately what Mr. McGroarty’s testimony was that night.
MR. FLEISCHNER: Ok, with that said, thank you. I move that resolution PB 16‐13 Eye Spy Media resolution be moved forward for denial.
MR. WEISS: Brian?
MR. SCHAECHTER: I second that.
MR. EVELAND: Therefore a yes vote will be for denial.
MR. FLEISCHNER: Yes vote will be for denial.
MR. WEISS: So, perhaps we should review this? Scott, would you like to spend the time, there’s been some changes and I know that there’s been just a lot of communication back and forth as PLANNING BOARD MEETING 5 APRIL 20, 2017 to the other copies that we had so some of the changes were…were kind of late and of course Chuck’s addition was this evening. So, Scott why don’t you walk us through some of the things that…
MR. EVELAND: In Page 2 was more just stylistic things after I…we went back and starting reviewing them of course it always opens up whatever I start looking at something again, I just make a couple of stylistic revisions that were there on that. The most substantive revisions are on Page 5, in Paragraphs 14, 15, and 16 where basically it details what Mr. McGroarty testimony was since this was a d1 use variance. And we kind of go through in a little bit more detail. Mr. McGroarty’s testimony and the fact that the board rejected the applicant’s planner’s testimony in terms of satisfying the Medici enhanced standard and the position and negative criteria. So really that’s just kind of specifies and delineates it in the resolution a little bit more.
MR. WEISS: Yes, and that was kind of my concern, Scott, and I did share some conversations with Scott…you know…Scott was very clear to state what the applicant’s planner said but then I felt…it was…I thought it was a little too general as to what we felt. So, by putting Chuck’s testimony in, kind of helped us show that we didn’t agree with it and then of course all the other reasons that we chose to deny this application.
MR. EVELAND: Yes, I think your comments were well placed.
MR. WEISS: And I do thank Joe for a lot of that. Joe and I had some conversations off line a little bit about what we liked and didn’t like and…Joe, I’m satisfied that it’s there…inaudible…
MR. EVELAND: I am as well.
MR. WEISS: Brian, I know you and I spoke about it. You’re good with the change?
MR. SCHAECHTER: Yes.
MR. WEISS: Ok, so we have a motion and it’s been seconded and we’ve discussed it a little bit. John? John can’t vote on it, right?
MS. NATAFALUSY: No.
MR. WEISS: Ok, so it’s really just us three.
MR. SCHAECHTER: John Mania can’t vote on it. John Batsch will.
MR. FLEISCHNER: John Mania can’t vote on it.
MR. WEISS: John Batsch can vote on it.
MR. BATSCH: No, I cannot.
MR. WEISS: No, I don’t John Batsch was here.
MR. BATSCH: I was not here.
MS. NATAFALUSY: He wasn’t here.
INAUDIBLE
MR. WEISS: So, what we’ll do is we’ll take the vote. A yes vote will be the denial. And we’ll get a clean copy of this and as soon as it gets to Catherine’s Office, Catherine, I will come in and sign it.
MS. NATAFALUSY: Yes, if he emails to me tomorrow I can print it out.
MR. EVELAND: I’ll email to her first thing tomorrow morning.
MR. WEISS: Ok, no problem. So with that being said, your motion is still good? Brian, your second is still good? Catherine, roll call.
PLANNING BOARD MEETING 6 APRIL 20, 2017
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes Howie Weiss ‐ yes
MR. WEISS: Ok, thank you for that. We are going to continue with our…continue with agenda and come back to the New Cingular Wireless…
MR. EVELAND: That’s your preference, if you want to put them on now and…
MR. WEISS: Let’s put…
MR. EVELAND: Then go to the resolution…
COMMITTEE REPORTS
MR. WEISS: Let’s finish with our reports. We’ll just finish with the reports for come back to them. The Mayor is not here nor is his associate delegate…whatever we call that person.
MR. MANIA: Representative.
MR. WEISS: So we have no Mayor’s Report. John, welcome back.
MR. MANIA: Thank you.
MR. WEISS: What do you have for us from the council?
MR. MANIA: I just want to say that for that…we are very proud council…Mayor and council…we haven’t raised taxes in the last four years, and we hope to continue that.
MR. WEISS: The self‐promotion in the Planning Board. I like that, John. Ok, Environmental Commission, we don’t have…Henry is not here? Joe, did you have anything?
MR. FLEISCHNER: The only thing I would like on the record is May 20th, in the cafeteria, in the morning, well testing. Anybody wants their well tested, I would advise even if you’re on a public water system, your house is older and has lead soldering, you might want to have you’re well tested.
MR. MANIA: May 20th?
MR. FLEISCHNER: May 20th, Saturday, May 20th from 9 to 12. Bring a check although I was told by my community we are taking cash this year, but not me…
MR. MANIA: How much…what’s the cost?
MR. FLEISCHNER: It varies. I think the basic test is around 70 bucks but you can add…there’s lot of tests you can add. So…
MR. MANIA: How about decreasing it…is there any way to decrease?
MR. FLEISCHNER: No, nothing to decrease. We are not…it’s done by the Southwest Water Shed something. And the results only go to the individual who requests the test. But I would advise people to have their well tested, especially if you think you’re going to sell your house. That’s on the 20th and…inaudible…the samples on Monday the 22nd between 7:00 am and noon.
MR. WEISS: I think there was something in the newspaper about that, wasn’t there?
MR. FLEISCHNER: Yes, it will be in the different newspapers…inaudible.
MR. WEISS: Alright. Ordinance Committee, Joe, while you have the floor.
MR. FLEISCHNER: The only thing I can say is we should have our sign ordinance soon.
PLANNING BOARD MEETING 7 APRIL 20, 2017
MR. McGROARTY: Yes, actually it’s going to be coming up…
MR. FLEISCHNER: And it will be forwarded to town council for review, a new sign ordinance. And that’s the main thing.
MR. WEISS: Perfect, I have nothing from Street Naming Committee. Kim’s not here for Open Space. Brian, anything from the Board of Ed?
MR. SCHAECHTER: No, we won’t boast about keeping tax…keeping our tax level at zero.
MR. WEISS: Trying to keep up with the Mania’s? I just have one announcement and that just to the Planning Board, we’ve all received by email from the Clerk’s Office through Catherine…what did I do with that note, Joe?
MR. FLEISCHNER: You put it under here somewhere? Don’t worry about it.
MR. WEISS: We have…we have a form…we have the filing to do and I just want to remind everybody you have until the end of April so if you haven’t done it, please do it. Catherine, maybe you get the next meeting…will you know who’s filed or not?
MS. NATAFALUSY: I’ll find out from Michelle.
MR. WEISS: Ok, let’s make sure we are compliant.
INAUDIBLE
MR. WEISS: Now, the Clerk’s Office sent it out and Catherine forwarded it. I believe that’s where it came from. Joe…oh, here it is.
MR. FLEISCHNER: And if you don’t do it, you’re personally responsible for the fine. The town does not pay the fine.
MR. WEISS: I thought our Planner was liable for that?
MR. McGROARTY: Yes, send me your bills…
LAUGHTER
MS. NATAFALUSY: One thing…John Batsch, you are registered for that class at the end of the…
MR. BATSCH: Yes, the 29th.
MS. NATAFALUSY: So, we are just waiting for the confirmation.
MR. BATSCH: Yes.
MS. NATAFALUSY: Ok.
MR. WEISS: Thanks for doing that, John.
MR. BATSCH: Ok.
MR. WEISS: Alright, anybody else have anything else? Scott, any kind of legal reports?
MR. BUCZYNSKI: I have a few things just regarding some capital improvement projects. I know the town is doing this year as far as park…the park and buildings and grounds are going to have a new maintenance building at Turkey Brook Park. They should construction May 1st. Also at the park there’s going to be job for the lighting of Baseball Field Number 3 and Soccer Field Number 2. And also down at Flanders Park, there’s going to be a job going out for resurfacing the three basketball courts. Just to keep people aware of what’s going on.
MR. WEISS: I take it the DPW Building is going to go where the other buildings are?
MR. BUCZYNSKI: Where the two buildings are…yes, just beyond that in that area. PLANNING BOARD MEETING 8 APRIL 20, 2017
MR. WEISS: Ok. Chuck, anything?
MR. McGROARTY: Nothing.
MR. WEISS: Catherine, anything from administrative end?
MS. NATAFALUSY: Nothing, just word is starting to get out that I am retiring on June 30th.
MR. WEISS: Retiring?
MR. BUCZYNSKI: That’s not true.
MR. SCHAECHTER: Say it’s not true.
MR. McGROARTY: Actually, Mr. Chairman, I do have something although I should have said it before. Trying to follow that is tough. The township has agreed to…the township and council and the Mayor has agreed to a settlement to the Fair Share Housing Center and so our housing plan will be wrapped up fairly soon. We are working on the details right now.
MR. WEISS: Is there a number?
MR. McGROARTY: Yes, actually the number is very good actually. The…what’s called the third round of prospective need…just to give you some idea of where we started…it was 12,042 about a year ago. It’s now 649 and we are going to meet it.
MR. WEISS: Good, yes, based on some of our work.
MR. McGROARTY: That’s right.
MR. WEISS: That’s a good number. Alright, thanks everybody. Let’s get into our development portion of the meeting tonight.
DEVELOPMENT MATTER PB 16‐33 NEW CINGULAR WIRELESS, BLOCK 7500, LOT 6
MR. WEISS: We are going to bring up PB 16‐33 which is new Cingular Wireless. It’s an amendment to…preliminary and final site plan/variance approval granted on February 16th, 2017 for the property at 5 Gail Drive which is Block 7500 Lot 6. We have Ms. Fairweather, welcome.
MS. FAIRWEATHER: Yes, thank you.
MR. WEISS: It’s all yours.
MS. FAIRWEATHER: Judy Fairweather on behalf of New Cingular, AT & T, originally we received plans in 2011 to do a cement pad that is 26.5 by 6.5, it was never built. So then they came back with the idea that they needed more ground space and that’s what you approved. It turns out that we can keep the original ground space and be able to fit the generator and everything that we have so I’d like to introduce my engineer who will be a little more detailed than my overview.
MR. WEISS: Well, before we do that so just to remind the board, I think was everyone sitting…did everyone…it wasn’t that long ago. I remember the applicant came back and you revised it thinking you would need more space…
MS. FAIRWEATHER: Then they went…they sent it out to construction and they don’t.
MR. WEISS: And so basically you want to go back to what you had and explain why…that’s how I thought and I thought that the changes when I looked at the application…I thought the changes were significant enough that the Planning Board should at least hear it. So I appreciate you coming back rather than doing this as a field change. I thought it was important…certainly where the property is located…
MS. FAIRWEATHER: Sure. PLANNING BOARD MEETING 9 APRIL 20, 2017
MR. WEISS: …so that way everyone is covered and we can say we had a public hearing on it.
MS. FAIRWEATHER: Yes, that’s absolutely fine and we appreciate that you got us in so quickly Catherine.
MR. WEISS: So, but…I’m sorry…you were introducing your engineer.
MS. FAIRWEATHER: My engineer, can my engineer please stand and raise her right hand and state her name and spell her last name?
MS. CONNOLLY: My name is Colleen Connolly. The last name is C O N N O L L Y.
(Colleen Connolly is sworn in for the record)
MS. FAIRWEATHER: Colleen, can you just very quickly give us your credentials?
MS. CONNOLLY: I have a Bachelor’s of Engineering…in Civil Engineering from Stephens Institute of Technology and I’m a licensed, professional engineer in the State of New Jersey. I have over 20 years of experience in civil engineering. The majority of that has been serving the telecommunication industry, designing applications similar to this one.
MS. FAIRWEATHER: And the plans that are before the board this evening were done under your supervision. As a matter of fact, you are one of the principals in Schrer Design Group?
MS. CONNOLLY: Yes.
MS. FAIRWEATHER: Ok, so I offer Ms. Connolly as my licensed engineer.
MR. WEISS: Ms. Connolly have you ever appeared in front of the Mount Olive Planning Board?
MS. CONNOLLY: I have not appeared in front of this Planning Board, no.
MR. WEISS: Well, welcome.
MS. CONNOLLY: Thank you.
MR. WEISS: Does anybody have any questions for Colleen? Gene?
MR. BUCZYNSKI: No.
MR. WEISS: I certainly will accept Ms. Connolly as our expert engineer for the application. And just a quick question. Did you design the first set of plans that we…never were built upon?
MS. Connolly: The first set of plans that were never built were not done by my office. The second revised set with the equipment shelter that you saw last time were the first plans that were done by my office.
MR. WEISS: Got you, alright.
MS. FAIRWEATHER: Ok, so, Colleen, just quickly explain what we are proposing. I know I already did but I’m not the engineer so go ahead.
MS. CONNOLLY: Ok, the most significant change was that the last application you saw had an equipment shelter so all of the equipment was inside of a building that a technician would walk in to. We’ve now gone back to the original plan which is a 26.5 foot by 6.5 foot compound. It’s a fenced compound with a concrete pad inside and on that pad is where the equipment cabinets will be set. Now these cabinets are more with all of the equipment in an enclosed space but the technician would stand on the concrete pad and service the cabinets. In addition to equipment, there will also be a generator. Again that will be set on the same concrete pad within that one singular compound.
MS. FAIRWEATHER: And Colleen, the generator will meet all the DEP noise requirements?
PLANNING BOARD MEETING 10 APRIL 20, 2017
MS. CONNOLLY: Yes, the enclosure that the generator is in does have some sound buffering and all DEP requirements will be met at the property line.
MS. FAIRWEATHER: And the equipment and the site is monitored 24/7 at the AT & T hub so if someone tried to force open any of the equipment cabinets or anything, the silent alarm would be triggered and a technician would be sent.
MS. CONNOLLY: Yes, correct.
MS. FAIRWEATHER: There’s fans in the cabinets to vent on the outside, correct?
MS. CONNOLLY: Yes.
MS. FAIRWEATHER: And that will also meet DEP requirements for noise?
MS. CONNOLLY: Yes, it will.
MS. FAIRWEATHER: 200 amp electrical service?
MS. CONNOLLY: Correct.
MS. FAIRWEATHER: And then we have…we are seeking a variance…well the variance was already granted last time so I guess it kind of pulls into this.
MR. EVELAND: That was granted last time.
MS. FAIRWEATHER: Yes, that was granted last time.
MR. EVELAND: Well, no…that’s actually…inaudible…let’s just put it on the record.
MS. FAIRWEATHER: That’s where I was going with it. So, Colleen, there’s a six foot fence that’s allowed by ordinance. We are asking for seven because we are asking for another foot of barbed wire and does AT & T do that because they think that’s a deterrent to…especially young people…trying to get into our cabinets?
MS. CONNOLLY: Yes, it’s for security reasons.
MS. FAIRWEATHER: Ok, great.
INAUDIBLE
MS. FAIRWEATHER: I don’t have any other questions for Colleen.
MR. WEISS: Anybody on the Planning Board have any questions?
MR. BUCZYNSKI: I just have one.
MR. WEISS: Go ahead, Gene.
MR. BUCZYNSKI: Ok, we know on Sheet 9 of 9 you show the detail for the generator, but I was a little concerned on Sheet 4 of 9 that just may be revised that plan to detail the different items in…on the…inaudible…you show them but nobody would know that there’s a generator there.
MS. CONNOLLY: Oh, ok.
INAUDIBLE
MR. BUCZYNSKI: Just call out the cabinets and the generator.
MS. CONNOLLY: Ok.
MR. BUCZYNSKI: That’s all. And just submit the revised plans to the board.
PLANNING BOARD MEETING 11 APRIL 20, 2017
MS. CONNOLLY: Ok, I actually have revised plans here but now we need to revise it to show the generator. Ok, we’ll get that to you.
MR. WEISS: I know that the answer is kind of obvious. There’s no other change, no extra sound, no…I know you’re making it smaller than what you…no other changes. They will be no noticeable difference. And barb wire is the only option? Is there something more aesthetic in the world…in your world of construction?
MS. CONNOLLY: I think the reason that we went with the barb wire is that matches what the existing fencing and compound is now.
MR. WEISS: I’m just thinking is there any negative…fall out to using barb wire?
MS. FAIRWEATHER: We could actually keep the barb wire off our section of the fence. It wouldn’t match the rest of the fence but…
MR. WEISS: No, I don’t know. I’m just asking if there’s something more pleasing.
MS. CONNOLLY: It keeps kids out…I don’t know…I guess it’s the most effective which is why…
MR. WEISS: I guess the question is we have a six foot fence…
MS. FAIRWEATHER: Right.
MR. WEISS: And then you want to go to seven for one foot of barb wire. Would a seven foot fence accomplish the goal?
MS. FAIRWEATHER: Sure.
MS. CONNOLLY: Yes, I think we could do that too because that would be more pleasing.
MR. WEISS: Let me just check with Gene.
MR. BUCZYNSKI: Yes.
MR. WEISS: Am I going down the wrong path to ask that maybe we don’t put barb wire so close to a residential neighbor…that seven foot fence would be the deterrent?
MR. FLEISCHNER: But doesn’t that barb wire face the woods?
MR. BUCZYNSKI: They said they need more for security reasons.
MR. WEISS: And my question is would a seven foot fence provide the security?
MR. BUCZYNSKI: No, I think I can climb a six foot, I can climb a seven foot…
MR. WEISS: Next time I need to climb, I’ll call you.
LAUGHTER
MR. WEISS: I’m just asking. I really don’t have a problem with it. I just like to have a dialogue. Brian, do you have any thought on to that?
MR. SCHAECHTER: No, I mean I thought we brought that up at the last…the last…hearing and they couldn’t change it because of…exactly that…it’s more of a deterrent.
MS. FAIRWEATHER: It is and it matches what’s there. It will all just tie in.
MR. WEISS: Ok, alright, so it’s already there.
MS. FAIRWEATHER: It is already there.
MR. WEISS: Ok, then…its fine…we don’t have to make any changes there.
PLANNING BOARD MEETING 12 APRIL 20, 2017
MS. FAIRWEATHER: Great, thank you.
MR. WEISS: Anybody else on the Planning Board have any questions? Let me open it to the public. If anybody has any questions for the testimony that was just given by Ms. Connolly now is the time to ask. And seeing none from the public, I’ll close it to the public. Judy, anything else?
MS. FAIRWEATHER: No, that’s it. We are just asking to go back to the original approval. I know that you have a draft resolution in front of you that I’ve seen that looks great. And we can get you revised plans, Chuck, really quickly.
MR. BUCZYNSKI: In the resolution already has mentioned revised plans from…inaudible…so.
MS. FAIRWEATHER: Right.
MR. WEISS: Almost like we knew that this was going to happen.
MS. FAIRWEATHER: Shocking.
MS. WEISS: That’s what you do when you have a good professional team, they know what you’re going to say.
MS. FAIRWEATHER: Beats us, we’re here for the third time.
INAUDIBLE
MR. WEISS: Ok, so, I guess the action then from the Planning Board got to be that we move this resolution.
MR. EVELAND: Correct, and what I’m going to point out in Paragraph 3 that’s the only thing that’s been changed from the previous draft resolution that was circulated. And that’s just…inaudible…we’re going from an equipment shed as testified to to a fenced in compound with cabinets. So that’s all in Paragraph 3. That’s the only difference.
MR. WEISS: Ok, so then this is kind of where we’re going to make a motion on the application and then normally we’d come back next month and in time for the resolution. We’re going to..by memorializing the resolution, we’ve satisfied what we have to do.
MR. EVELAND: Correct.
MR. WEISS: So with that being said, we have Resolution 16‐33 for New Cingular Wireless which has been amended to take into account the testimony tonight. Would somebody please move that?
MR. FLEISCHNER: I’ll move it, PB 16‐33 New Cingular Wireless with the amended resolution.
MR. WEISS: Perfect, thank you, Joe.
MR. SCHAECHTER: Second.
MR. WEISS: Brian, thank you. Any comments, questions, seeing none. Catherine, roll call.
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Batsch ‐ yes Howie Weiss ‐ yes
MR. WEISS: Thank you for coming out.
MS. FAIRWEATHER: Thank you all very much and I promise we won’t change it again.
MR. WEISS: You know where to find us.
PLANNING BOARD MEETING 13 APRIL 20, 2017
DEVELOPMENT MATTER PB 16‐30 PA CARSILLO & SONS, BLOCK 6800, LOT 14
MR. WEISS: Ok, we have another development matter on the agenda tonight which is PB 16‐ 30, PA Carsillo & Sons, here for a preliminary and final site plan with variances on the property located at 704 Bartley Chester Road which is Block 6800 Lot 14. I take it was have Mr. Rush.
MR. RUSH: Yes.
MR. WEISS: Welcome, Mr. Rush.
MR. RUSH: Thank you.
MR. WEISS: We’ll give you some time to set up. The floor is yours.
MR. RUSH: Thank you. Good evening, Mr. Chairman, members of the board, my name is William Rush and I represent the applicant in this matter which is PA Carsillo & Sons. My client is the contract purchaser for a property that’s located at 704 Bartley Chester Road which is Lot 14, Block 6800. It is located in your G‐1 Zone which is the General Industrial Zone. Property is approximately 5 and a half acres in size. It is currently a vacant former bus garage with some small office space inside it. I think it’s been vacant for approximately 15 years now or so.
MR. MANIA: At least.
MR. RUSH: My clients are proposing to move their existing construction excavation business on to the property and as part of that they are looking at rehabilitating the existing structure and cleaning up the property so that it’s usable for a construction company. As per this application, they are going to be request preliminary and final site plan approval as well as, we originally had a variance for the fence height that is being withdrawn. So the application is being amended today. We are no longer looking for the variance for the height of the fence and there is a pre‐existing non‐conforming front yard setback of 27.9 feet. I have two witnesses with me tonight. I have Anthony Carsillo who is to my left. He is one of the principals of PA Carsillo’s. And Ken Dykstra is the applicant’s engineer. I don’t know if the board has a preference but I was going to have Mr. Carsillo testify first with respect to the operations and what he intends to do there.
(Anthony Carsillo is sworn in for the record)
MR. RUSH: So, Anthony, are you one of the principals of PA Carsillo & Sons.
MR. WEISS: For the record, state your name and spell for the record.
MR. CARSILLO: First name is Anthony. Last name is Carsillo, C A R S I L L O.
MR. WEISS: And your business address.
MR. CARSILLO: 11 Roosevelt Avenue, East Hanover, New Jersey. That’s our address right now.
MR. WEISS: Perfect, ok.
INAUDIBLE
MR. RUSH: Ok, thanks. Are you one of the principals of PA Carsillo & Sons?
MR. CARSILLO: Yes.
MR. RUSH: And who else do you own the company with?
MR. CARSILLO: My father, actually its family owned. My father, my mother, my brother.
MR. RUSH: Ok, so it’s a family run business. How long have you been in business for?
MR. CARSILLO: 38 years. PLANNING BOARD MEETING 14 APRIL 20, 2017
MR. RUSH: 38 years, ok. And you’re currently located in East Hanover.
MR. CARSILLO: Yes.
MR. RUSH: And you want to move the building…you want to move the operation…
MR. CARSILLO: We want to move the whole operation to our proposed new site.
MR. RUSH: Why don’t you tell the board a little bit about what the business does, your operations, and what you’re intending with the property.
MR. CARSILLO: We’re…we’re a mason contractor company and a trucking company. We do residential work, commercial concrete, paving, and then we have a fleet of tryouts for dumps trucks that we run construction material for out of quarries, top soil, stone, sand. Like I mentioned, we’ve been in business for 38 years. Family owned and operated.
MR. RUSH: How many employees do you have?
MR. CARSILLO: We have currently 12.
MR. RUSH: Twelve employees. And why don’t you explain to the board like a daily day or a daily operation in your business.
MR. CARSILLO: A daily day basically, the…like before I came here, I gave everybody their instructions that they had to do the night before…I mean for the day before. And when they get in in the morning, they grab their truck, they pull out, they park their car, they pull out, and they are out for the day.
MR. RUSH: What time do they come on to the property in the morning?
MR. CARSILLO: Approximately like around 5 in the morning. And then they return at the end of the day. That varies depending on the job they go to. They might getting done half a day, they might get back to the property around 1 o’clock or if it’s a full day they get back around 5 o’clock, 5 – 6 o’clock. They park the truck and then go home for the night.
MR. RUSH: And are you intending to rehabilitate the existing building on the property?
MR. CARSILLO: Yes, we are looking to do minor repairs to it. Seems like there is a lot of masonry work, since the building has been sitting vacant for so many years. It needs a little TLC.
MR. RUSH: And are you going to also use the office space?
MR. CARSILLO: Yes, yes, yes, we are looking to…you know…minor renovations inside the building. Bring the building back to life…you know…new toilets inside and…you know…painting…you know.
MR. RUSH: You’re not currently intending to rent or lease or sublet any space or anything like that?
MR. CARSILLO: No, no, no, it’s all going to be our own…our own…inaudible.
MR. RUSH: Operation.
MR. CARSILLO: Yes, yes, exactly.
MR. RUSH: And you did submit a letter that’s part of the application to the board with your equipment. Is that your current equipment that you…the company now uses?
MR. CARSILLO: Yes, it is. Yes.
MR. RUSH: Do you just want to read that list off to the board if you could?
PLANNING BOARD MEETING 15 APRIL 20, 2017
MR. CARSILLO: Its 9 hydraulics and dump trucks, 1 single axle dump truck, a mason dump truck, a utility pick up, 2 excavators, a backhoe, and two tag‐along trailers.
MR. RUSH: And although I know the engineering is going to get into further explanation with regarding to the parking, if you can just kind of give the board a brief general parking situation on the lot.
MR. CARSILLO: Well the…
MR. RUSH: Or your intentions.
MR. CARSILLO: Well the…yes…employees are going to park to...we are going to have a designated area for the employees going to be parked. We are going to…you know…repave the area. Make it all nice, stripe it, so that everybody knows where they have to park. And then our equipment and everything is going to be behind the building…well that’s going to be in its own spot too. So basically, everything will have its own…the trucks will be all lined up. Employees park their car, go to their truck and they pull out.
MR. RUSH: And lastly, what time do you normally end operations for the day?
MR. CARSILLO: I would say around…by the time everybody gets back in…we go over everything, 6:30 – 7 at night everything is…everything is finally done. Paper work is done. I go over the schedule for the following day. And everything is done.
MR. WEISS: It doesn’t sound like there’s an active process, when the guys come back on the road whether it’s 4 or 5…they’re just wrapping up. There’s not necessarily construction going on on the site.
MR. CARSILLO: No, no, no, what they’re doing they are coming back in, they are handing me their paperwork what they did for the day. If I know at that time where they’re going for the next day, I’ll let them know. If not, they hop in their car and they go home.
MR. WEISS: I just have a couple quick questions. Number 1, I think this document is very helpful. When I was reading it…inaudible…so I appreciate this document.
MR. CARSILLO: No problem.
MR. WEISS: And I also just want to make a note I know that you were very gracious and gave us a list of your equipment. That’s based on today and I always hate to see you pigeon hole yourself and say this is what we have and then your business grows tremendously and you double this so I just want to make sure the record reflects this is what you have today…
MR. CARSILLO: This is our currently equipment as of today.
MR. WEISS: And hopefully things go well and this doubles. I don’t think we’re going to hold you to this is the inventory that will be on site…
MR. EVELAND: Good point. That’s a good point.
MR. WEISS: So we hope for the best for you.
MR. CARSILLO: Thank you.
MR. WEISS: And so obviously this document is simply telling us what you have today.
MR. CARSILLO: Yes.
MR. WEISS: But it’s certainly not binding.
MR. EVELAND: We won’t add that in the resolution.
MR. WEISS: Right, we won’t add that in the resolution.
MR. RUSH: Ok. PLANNING BOARD MEETING 16 APRIL 20, 2017
MR. WEISS: Because we want you grow and buy more trucks…
MR. CARSILLO: Believe me…inaudible…exactly.
MR. WEISS: You made a comment and I really like it. And I’m going to ask that we make it a condition where you said you would not sublet space. We urge the general industrial application in front of us and I think the word general kind of comes at carte blanche for some of the applicants and I just want to be clear with each other that you’re coming in for your business exactly how you see it. You tell us what you’re asking for but I want to make sure that two years from the…down the road, you’re saying look at this space, I’m going to go sublet it. That’s going to be…part…based on what you’ve told us…
MR. CARSILLO: No, no, we have no desires to…
MR. WEISS: Ok, so that’s a condition because it causes the township tremendous headache.
MR. RUSH: Do you understand what is means by condition? Right, it is part of the approval if this business is approved that means you can’t sublet it at any point.
MR. CARSILLO: Yes, we’re not looking to do that.
MR. RUSH: Ok.
MR. EVELAND: The only difference is he’s a contract purchaser. He’s the owner. So, if one day…he’s the owner of the property…
MR. RUSH: Yes.
MR. EVELAND: Which could be in another’s intensities name, he should have the right to go lease the property out. You know what I’m saying? He’s going to own the property. I understand what you’re saying about subleasing and things like that where he was a tenant. Now he’s going to sublease it out but I just want the board to be aware that he’s going to be the owner.
MR. RUSH: You mean he could sublet to another individual business to run from that location. What I think I wanted to convey to the board at the time was he’s not looking to bring four other construction companies onto the property while he’s still running it.
MR. EVELAND: Right, exactly, that’s what I think their concerns are. I also just…I also just want to be fair to the property owner that if one day they retire…you know…and they want…look at the owners, now they don’t have the business anymore they want to lease out the property.
MR. WEISS: So we should say something as long as PA Carsillo is operating that will be the only business that’s running from there. I think we…there are nightmares with other general industrial sites and this is a great way to cut those problems off for the future. So, you tell us what you want to do. As long as you’re doing that, let’s keep that to the…inaudible…let’s keep that to the same use if you can live with that.
MR. CARSILLO: No, I mean, I agree with what Mr. Eveland said. I mean if we do happen…no, well actually we will retire at some day…you know…and if my son doesn’t want to take over, my brother’s child doesn’t want to take over the company, we sell it. We would like to be able to rent the property out but for the time being, I mean if it’s…
MR. RUSH: I think it be…more or less a single operator.
MR. EVELAND: I think that get the intent of what you’re looking for.
MR. CARSILLO: I mean right now, no. We are not looking…I mean…hopefully you guys approve us tonight, it’s not going to be…you’re not going to see us and 1,000 other guys there. That’s not our intentions.
MR. WEISS: I say that because we have.
MR. CARSILLO: No, I understand. PLANNING BOARD MEETING 17 APRIL 20, 2017
MR. WEISS: And with all due respect…
MR. CARSILLO: No, I understand.
MR. WEISS: It causes us tremendous…
MR. CARSILLO: No, I understand you…no believe me…we’ve been renting a long time now and we’re looking. I mean we own a piece of property in East Orange. It’s too small for us. That’s why we’re looking to move. We’ve been renting and we’re just happy to have a piece of property big enough that we don’t have to look any further. The property is big enough for us to do everything we need and that’s…
MR. WEISS: Hey listen, I love the fact that a business from East Hanover is going to move to Mount Olive. That’s great. So we certainly would welcome you…we want you to tell us what you intend on doing here and we’ll make sure that everything is covered and hopefully we give you a favorable response. Does anybody agree or disagree with that?
INAUDIBLE
MR. WEISS: Alright, thanks. Gene? Chuck?
MR. McGROARTY: No, but I did have questions.
MR. WEISS: Go ahead.
MR. McGROARTY: Mr. Carsillo, in addition to the vehicles that you list on this January 3 letter, you indicate the…and this may be jumping ahead here because I know your engineer will talk about the outside storage. But you have…you say the outside storage area you’re going to have construction materials and supplies.
MR. CARSILLO: Yes.
MR. McGROARTY: Can you tell us what they are?
MR. CARSILLO: Basically it’s like…gravel, sand…because we’re a mason contractor instead of me always having to go to the mason supply to buy sand, I’ll but it in bulk and I store it onsite for myself and I use it as we go.
MR. McGROARTY: Now is that sand going to be in a concrete enclosure or it is going to be standing…
MR. CARSILLO: No, I would like to make a bin.
MR. McGROARTY: But that’s not on the plans. Is it?
MR. RUSH: I don’t believe so.
MR. McGROARTY: So, alright, so that’s sand. Anything else?
MR. CARSILLO: And maybe some crushed stone that…that’s about it.
MR. McGROARTY: Sand and crushed stone. So, you…
MS. NATAFALUSY: Didn’t he say gravel too?
MR. CARSILLO: No, gravel crushed stone.
MS. NATAFALUSY: Oh, ok.
MR. SCHAECHTER: How about salt in the winter. You doing any plowing?
MR. CARSILLO: Right now the plowing I do, my accounts allow me to store salt on their property. PLANNING BOARD MEETING 18 APRIL 20, 2017
MR. SCHAECHTER: Moving forward, would you like a bin to store salt on your property?
MR. CARSILLO: Yes, I would.
MR. McGROARTY: Well, it’s more than what he’d like. I mean if it’s to storing salt on the property, I think that…
MR. SCHAECHTER: I can’t testify for him so he’s got to ask for it.
MR. CARSILLO: No, no, I would like but I mean right now…my main objective is to try to get approved over here to get approved for tonight so…
MR. McGROARTY: Well, I guess what I was getting at is…so, so to Mr. Weiss’ point earlier in other places to avoid a problem that or problems that we had in the past, it’s better to know up front what’s going to be there but if this material, the sand, the crushed stone, possibly salt, which is probably should be in a closed container…
MR. BUCZYNSKI: Yes, I was just going to say that. If you have salt there’s certain requirements for a salt enclosure…it has to follow DEP regulations.
MR. WEISS: …was there mulch too?
MR. CARSILLO: We don’t…that’s not us.
MR. McGROARTY: But the thing is there’s an outdoor storage area on the plan that’s a gravel area. So, and you’re…again your engineer will testify to this later but that’s the only location that the board approves. That’s the only location this material can be stored.
MR. CARSILLO: No, we understand that.
MR. McGROARTY: And so that’s where you’re going to store that and I guess we’ll hear testimony as to where trucks and everything else will be…they’ll probably be on the paved area. But I think what we would want to see is the…any structures that you are going to be putting there and that should be on a site plan. Any structures that will be contained the salt, the salt, and so on.
MR. CARSILLO: At this point right now, sir, we didn’t…we didn’t come up with anything that we want to do at this time. If we do get on the property and we are utilizing it and we do come up…we want to make a structure or anything obviously we will reach out to an engineer and come in front of you guys again.
MR. BUCZYNSKI: So at this point you’re not going to have stone and gravel on the site?
MR. CARSILLO: Not at this current moment. No, sir.
MR. BUCZYNSKI: Ok.
MR. McGROARTY: In a…just try to work with me on this…do you have it elsewhere, other sites?
MR. CARSILLO: I have it at our other place right now, yes.
MR. McGROARTY: I’m not trying to put you on the spot. In that location…inaudible…what the town wants where ever may be. What do you do?
MR. CARSILLO: It’s in East Orange. We own a piece of property in East Orange, New Jersey. That’s where our yard is, one of our other yards. We have it in bins.
MR. McGROARTY: In bins, ok.
MR. RUSH: Would it make sense to request this now since we’re here?
INAUDIBLE
PLANNING BOARD MEETING 19 APRIL 20, 2017
MR. RUSH: Obviously we are not going to request salt at this time. So, it would be just crushed stone…
MR. MANIA: Sand still?
MR. CARSILLO: It’s going to be for…I mean we’re a construction company…you know…sand, crushed stone…you know…that’s really it. I mean I still have left over bricks and blocks because we do residential work. I come to someone’s home I build their steps. If I have any brick or block left over I just store it in our yard. And that’s…
MR. SCHAECHTER: That’s new brick or block that hasn’t been used?
MR. CARSILLO: Yes, yes.
MR. SCHAECHTER: Opposed to…
MR. CARSILLO: No, no, no garbage.
MR. BUCZYNSKI: Just designate an area where you’re going to have it, that’s all.
MR. FLEISCHNER: Just pick a spot.
MR. WEISS: I don’t want to take from your engineer but I think with our history of dealing with these types of sites and it’s a large piece of property…you know…again all due respect, but what we’ve seen before is that it become your world out there. So, somewhere over there becomes I’ll store this. I’d like at the end of the day and I’ll wait for the engineer to have everything clearly marked. Like this is going to be your area so that there’s no…there’s no discrepancy where things can be stored and can’t be stored. And whatever those things are I don’t know but I’d like to see and I’ll wait for the engineers testimony to make sure that the area is clearly marked and again as in the past we’ve done fencing, we’ve done paving, we’ve done something to make it clear that this is your area for storage. Because otherwise these properties become as you can imagine what it looks like. Somewhere in the high grass becomes some metal bumpers and…you know…what you call product we’re calling junk and so just to keep it clean. That’s all what we’re hoping for.
MR. RUSH: So, we’ll make the revised bins a condition if the application is approved.
MR. WEISS: Sure.
MR. RUSH: Ok.
MR. McGROARTY: Mr. Chairman, just one or two things. On that…regarding equipment or outside stuff, do you have any…it just escaped me…but the large roll off dumpsters type things?
MR. CARSILLO: No, we don’t…we do not have containers, no.
MR. McGROARTY: You don’t use those?
MR. CARSILLO: No, we don’t have them.
MR. McGROARTY: And you…you told us your hours of operation. Did you tell us your days of the week? Or if not, could you tell us?
MR. CARSILLO: The days are…inaudible…we pretty much work five days a week. Though there are occasions that the trucks do go out on a…on a Saturday. Saturday is pretty much a…we will be there myself, my brother, we will be in the yard just going over to make sure everything is up to par. Anything that needs to be fixed, make sure everything is ready to go for Monday.
MR. McGROARTY: But so, Saturday is sometimes…and you do…did you say you do plowing?
MR. CARSILLO: Yes, we do do snow plowing, yes.
MR. McGROARTY: So sometimes you maybe even operating on Sundays?
PLANNING BOARD MEETING 20 APRIL 20, 2017
MR. CARSILLO: Right now my snow plowing all my accounts are down and they…like I said we are out of East Orange, East Hanover here so all my account are down in the Newark area right now. Eventually when we do finally get up here, eventually yes, I will look for other accounts up in our area closer to where our yard to going to be.
MR. McGROARTY: Right, so…I think you got the picture already. We are trying to get as much information tonight as opposed to six months from now. So if on the weekends you are going out…trucks are going out of the site to snow plow or whatever else, your testimony then is typical business operation is five days a week.
MR. CARSILLO: Yes.
MR. McGROARTY: Sometimes weekends depending on the circumstances.
MR. CARSILLO: Yes, exactly.
MR. FLEISCHNER: There’s a lot more snow up here then…
MR. CARSILLO: I know that.
MR. MANIA: You have 9 tri‐axles?
MR. CARSILLO: Yes.
MR. MANIA: Where do you fuel your equipment? Do you have a fuel tank on‐site?
MR. CARSILLO: We are proposing to put a fuel tank on‐site, sir.
MR. MANIA: Ok, how many gallons…inaudible?
MR. CARSILLO: It is…what is it? It’s a 6,000 gallon double wall containment tank, sir.
MR. MANIA: Ok, you also have 2 excavators. You said you were a mason contractor, you also do site work?
MR. CARSILLO: Yes, we do.
MR. MANIA: I figured that with 2 excavators.
MR. CARSILLO: Yes.
MR. MANIA: You’re not just a mason.
MR. CARSILLO: Well we do…we do…we do all of it.
MR. MANIA: Ok.
MR. CARSILLO: The excavating and then the building.
MR. MANIA: Now you said you also do paving.
MR. CARSILLO: Yes, we do, sir.
MR. MANIA: Do you do milling?
MR. CARSILLO: No. I do not…I do not own a miller.
MR. MANIA: Will you be storing millings on the site?
MR. CARSILLO: No.
MR. MANIA: Ok.
MR. CARSILLO: No, no millings on site. PLANNING BOARD MEETING 21 APRIL 20, 2017
MR. MANIA: That’s a no no.
MR. CARSILLO: No.
MR. BATSCH: Will your engineer talk about the daily operation or is that something you would cover now?
MR. CARSILLO: I can cover that.
MR. BATSCH: So, are the trucks…your tri‐axles you say you have gravel on site, do you load them the night before, the day before, the day of?
MR. CARSILLO: No. What we were talking about the construction, that’s just coming off our construction end of it. Nothing gets loaded up out of our yard and leaves our yard there. Our trucks when they come back in they are coming back in already pre‐loaded for their other jobs for the next day.
MR. BATSCH: Are the excavators on trailers before they leave or is that loaded in the mornings?
MR. CARSILLO: They will be loaded when we need them. Right now, they are not going to be on trailers parked there. They are going to be parked on the ground. And when we need them, we’ll put them on a trailer and…
MR. BATSCH: Is that done the night before or in the morning before they leave? The only reason I’m asking is noise. I mean there is some residential areas close by and the trucks with the backup alarms, excavators, they are loud. Inaudible…at 1:00 in the morning.
MR. CARSILLO: No, they will be loaded up the night before. We try to do everything the night before, sir, so when the trucks pull out at 5:00 in the morning they are not wasting any time. They come there, they get their stuff, they pull out. It will be loaded up the night before.
MR. SCHAECHTER: They are no further away than Toys R Us is…I mean…the loading dock and you have the train tracks…
MR. McGROARTY: Yes, but dumping material in a truck is different than…
MR. SCHAECHTER: Yes, but you have a landscaper who is already down there whose got a fairly large operation who is right across the street.
MR. McGROARTY: Well I was just…Mr. Batsch’s question then so the stone and the gravel and the sand that you have on site, you don’t typically load that…
MR. CARSILLO: No.
MR. McGROARTY: Then what do you do with it?
MR. CARSILLO: That get loaded onto our smaller trucks, our masonry stuff. I mean if we go do a set of steps, I’m not going to load up 25 tons of sand to come do your front porch. I’m going to take a bucket of one of our…our machines put up maybe a yard of sand and dump it on the truck. Our tri‐axles are basically hauling…you know…they are 25 ton trucks. They hold 80,000 pounds so the material that they hold is quite large. There is nothing out of the property will be loaded onto those trucks.
MR. MANIA: Those tri‐axles, they haul out of a quarry?
MR. CARSILLO: Yes, sir.
MR. MANIA: Weldon?
MR. CARSILLO: Weldon, Mount Hope, Stavola, I pretty much work for all of them.
MR. MANIA: How about repair work, are you going to be doing repair work on the site?
PLANNING BOARD MEETING 22 APRIL 20, 2017
MR. CARSILLO: Minimal repair work. Anything major get set…what I mean by minimal…change a flat tire, oil change, just to make sure the truck is up and running. Anything major set sent out. I mean major, clutches, springs, motor, anything like that get sent out.
MR. SCHAECHTER: That site has got some environmental issues now.
MR. CARSILLO: Yes.
MR. SCHAECHTER: Whose is going to clean out the previous owner’s…
MR. CARSILLO: Yes, yes.
MR. RUSH: That’s part of the contract.
MR. CARSILLO: There is…there is a cleanup already set which would guarantee a cleanup. Basically just waiting on the approvals of this right now. If everything goes good, approvals are good, then the cleanup will commence.
MR. RUSH: Money is being put in escrow at the closing.
MR. SCHAECHTER: Because I pass by that site every day and there’s been some activity there…the last couple of weeks.
MR. CARSILLO: No, we are on there now. We are parking there now. We are in the back of the building. You know…so that’s…the activity that you see is us.
MR. MANIA: When you do an oil change what do you do with the oil?
MR. CARSILLO: The oil is stored in a tank and then we have a…
MR. MANIA: Company comes…
MR. CARSILLO: A company comes and takes it out…
MR. MANIA: Takes it out.
MR. CARSILLO: They recycle it. Yes, it’s a 250 gallon tank.
MR. McGROARTY: Ok, thank you.
MR. WEISS: Any questions? You have anything else?
MR. CARSILLO: No, unless you guys…
MR. MANIA: I think we asked enough questions.
MR. FLEISCHNER: Maybe your engineers can discuss security lighting.
MR. RUSH: Yes, I think the engineer can testify to that.
MR. CARSILLO: Yes.
MR. FLEISCHNER: Ok, alright, thank you.
MR. McGROARTY: There was one other thing, Mr. Carsillo…I’m sorry.
MR. BUCZYNSKI: There’s three lights.
MR. McGROARTY: Three lights? So you have site lighting for night for the evening or night…
MR. CARSILLO: Right now the building has…we are utilizing two current lights that are on the building right now. That’s what we have. Once my engineer will explain we are going to put more lights in.
PLANNING BOARD MEETING 23 APRIL 20, 2017
MR. WEISS: Ok, anybody else? At this point, let me open it to the public. If anybody from the public has any questions or comments from the testimony that Mr. Carsillo gave now is the time to ask and seeing none from the public. I’ll close it to the public. Anthony, good luck, thank you.
MR. CARSILLO: Thank you, thanks, thank you very much.
MR. RUSH: Ok, for my next witness I would like to call the applicant Ken Dykstra…the applicant’s engineer, I’m sorry.
(KEN DYKSTRA IS SWORN IN FOR THE RECORD)
MR. RUSH: Can you give the board a brief description of your professional background?
MR. DYKSTRA: Yes, well I’m a New Jersey Licensed Professional Engineer, Planner, and Land Surveyor. I’ve got over 30 years of experience in site engineering. I’ve been before this board before.
MR. RUSH: And you’ve testified in front of other boards, as well?
MR. DYKSTRA: Yes, many, many times.
MR. RUSH: I’d like to offer Mr. Dykstra as an expert.
MR. WEISS: Gene, you have any questions?
MR. BUCZYNSKI: Not really, I’ve known Ken for years.
MR. WEISS: Ok, we welcome you as the expert engineer in this application.
MR. DYKSTRA: Thank you. To start with I did prepare a few colored exhibits.
MR. EVELAND: So, we’ll mark that one A1.
MR. DYKSTRA: There’s actually going to be three and I guess I can just mark them all.
MR. EVELAND: Yes, we’ll go A1…
MR. DYKSTRA: It will be A1, A2, A3, and A1, the first one, is just a colored version of the exact plans that were submitted to the board with the application.
MR. WEISS: So it’s a colorized version of Page 2 of 3?
MR. DYKSTRA: Page 3 of 3, the site layout plan, last revised January 4th, 2017. So then I have a second…very similar plan, this one is a…what I’m calling…labeled a site plan exhibit Sheet 1 of 1 with today’s date, 4/20/17.
MR. EVELAND: And that’s A2? Correct?
MR. WEISS: Tell me the title of that again.
MR. DYKSTRA: It’s titled site plan exhibit so this plan has a few things that we’ll discuss with a few minor modifications we’re suggesting…
MR. SCHAECHTER: So on our packet that would be 3 of 3, site plan?
MR. DYKSTRA: This is not even in your packet. I have a set of these I can pass out to all the members. And the last exhibit is…we actually…Mr. Carsillo actually hired an artichect last week and he drafted up some…some plans for the building. Again, some minor changes that I’d like to describe but he wants to do at some point. Not necessarily immediately but we’d like to show these to the board. That will be A3. This is a plan by Fox Artchitectural Design and its dated April 17th, 2017.
MR. WEISS: Ok, and the document that you are passing out is...inaudible…copies?
MR. DYKSTRA: Yes, those are small versions of the…inaudible.
PLANNING BOARD MEETING 24 APRIL 20, 2017
MR. BUCZYNSKI: Ken, on Exhibit A1, we never received that plan. That was revised January 17th…January 17.
MR. DYKSTRA: Yes, that was resubmitted as part of the completeness originally, yes.
MR. BUCZYNSKI: The only plans that I have…no revision dates. You have them? Oh, you have it? Ok, I’m sorry. He has it, I don’t. Ok.
MR. RUSH: Yes, for some reason…
MR. DYKSTRA: What was your date? January 4, 2017. Gene, your letter had referenced it.
MR. BUCZYNSKI: I do have it. I just pulled out the wrong one in the pile. That’s all.
MR. DYKSTRA: Ok, so the subject property is 5.476 acres in size located on Bartley Chester Road right across from the Toys R Us Distribution Center and also next to another distribution center called Uncommon Logistics. So that’s just to the east of the site. The back of the property has a rail bed. We also have some utility easement across from the property. Jersey Central Power & Light, PSE & G easement plus a Columbia Gas Easement so there’s a gas mail that runs through here in addition to some high tension power lines. The site was developed some time ago based on site plan from 1979 and has a bus company. That’s the history. This used to be a farm. There was a house up at the corner, a barn, and an existing garage. The garage actually still remains. That’s the 20 by 20 building near the right of way. And then we have the existing building construction on the property that was used by the bus company. There’s a paved area. A portion of the property which is…we have about 23,000 square feet…20,000 square feet of paved area. And in addition to that, there’s existing 33,000 square feet plus or minus of the gravel area on the site. So basically really this site is based on your ordinance is actually under developed because you’re actually allowed to cover the site up to almost 55 percent based on the ordinance. And this is…this site only covered at 25 percent so it’s relatively lightly developed from an ordinance standpoint. And the applicant has no need to expand beyond any of the impervious surface that exists today. So that’s the limit. We don’t need anymore. He doesn’t need any more. It’s more than enough for his operation, existing and planned. So the only things we are proposing are to the whole paved area we are planning because that’s in relatively poor shape. We’re going…once this site is cleaned up, we’re going to mill that entire paved area and resurface it.
MR. BUCZYNSKI: That should be noted on the plans though.
MR. DYKSTRA: Right, it’s been suggested in your report. I’ve been over it with the client and we will note it on revised plans.
MR. BUCZYNSKI: Ok.
MR. DYKSTRA: Yes, because in addition there’s contamination on this site. That’s already been noted. And the site is drained by a series of drywells. All those drywells have some contamination…contamination in them. So, all the drywells on site have to be taken out, that’s part of the cleanup, so, and replaced. So, basically what I talked to Mr. Buczynski about is a…rather than replacing all the drywells, exactly and kind, we may want to instead in the front lawn area create a surface infiltration basin which will be better for the environment and actually gets up more treatment through sand and there’s a nice open area right next to the driveway where we can match the volumes of all those drywells and do it with a surface basin. The lighting as discussed…we are proposing three lights that are…three new site lights on the easterly side of the impervious areas, both the pavement and the gravel area. And those are going to be 18 foot high light fixtures with cut off. We have them shown as corner lot metal alloyed although the applicant…there’s a note on the plan where we may go with LED instead, an LED equivalent. It will still get a cut off fixture but an LED equivalent in terms of the lighting intensities. There are two buildings on the back…two lights on the back of the building already that point…they are kind of directional and they point out to the gravel storage area. Those will remain. And there’s also…there’s also a light pole in the back corner by the right of way that…there’s a light there. So that light directs…so those three lights effectively light the gravel storage area that’s on the plans. There’s also one light building mounted light right in front of the building that lights the immediate front area. We are proposing to stripe 10 parking spaces on the easterly side of the property and then we also want to stripe one space right in front of the front door for handicapped. It will be a handicapped space. It’s all…the grades are all very level right there. And it will fit right in front of that front door. So, that will be our one handicapped space which is technically for a 10 space parking lot you need 1 handicapped spot.
PLANNING BOARD MEETING 25 APRIL 20, 2017
MR. MANIA: Trucks will be parked in the gravel area, right?
MR. DYKSTRA: Yes, that’s right. Alright, we are also proposing to fence the property…not the entire property, but a portion of the property around the operation. And originally we requested or suggested 8 foot but that would trigger a variance so we are going…it will be a 6 foot chain link fence. Also at the driveway there will be a sliding gate. So the whole site will be secured with a fence. I’d like to turn to…
MR. MANIA: Now being they got such a big area, would you be renting out space for other truckers to park there?
MR. CARSILLO: No. No.
MR. DYKSTRA: There is technically we have one…one existing non‐conforming condition we have this…this garage building in the front yard setback. It’s an accessory structure, 27.9 feet from the front right of way line. The applicant would like to keep that and use it for storage. It’s been there…you know…since prior to 1979 and but it is in the front yard. So technically that structure was supposed to be setback 125 feet.
MR. FLEISCHNER: Can I ask a question?
MR. WEISS: Sure, go ahead.
MR. FLEISCHNER: You originally said that you actually would like an 8 foot fence and would need a variance.
MR. DYKSTRA: That’s right.
MR. SCHAECHTER: Would you like an 8 foot fence?
MR. FLEISCHNER: Would you like an 8 foot fence?
MR. DYKSTRA: No, I asked the applicant before we came in and he…they are perfectly happy with…you’re happy with a 6 foot fence?
MR. CARSILLO: Yes, a 6 is fine.
MR. FLEISCHNER: Ok, alright.
INAUDIBLE
MR. EVELAND: And as far as the preexisting non‐conforming there’s a couple different schools of thought on this legally. You don’t have to give a variance for it. Because it’s a preexisting non‐ conforming it’s legally existing right there and by not giving a variance with this in the event it burns down or it’s destructed then they have to bring it more into conformity, they would have to reconstruct it within the proper setback area. So you can decide to not give a variance for it, it’s just a preexisting non‐conforming.
MR. MANIA: It makes sense.
MR. DYKSTRA: Yes, we can…I think we’re fine with that.
MR. RUSH: I just had a chance briefly to make eye contact with my client with regarding the 8 foot fence and it appears that they would like to forward with…as the application was originally presented seeking a variance for an 8 foot fence.
MR. FLEISCHNER: Can we…we could give the variance?
MR. EVELAND: You can…you know…they’ll put out some testimony about…you know…positive and negative criteria.
MR. BUCZYNSKI: Did they notice for it? Did you notice for it?
MR. RUSH: Yes. PLANNING BOARD MEETING 26 APRIL 20, 2017
MR. EVELAND: Yes, it was noticed for and it was originally in their application. So they can proceed with it.
MR. RUSH: Ok, then we’ll do that.
MR. DYKSTRA: I would like to turn to my next exhibit then in that case because we want to…just a couple…I call them…I call them very minor adjustments to the plan. One relates to the fence and the buffering. I had a conversation with your planner today about the need to provide some buffering for the outdoor storage area as required by your ordinance. So what we’d like to do is the 8 foot proposed fence is…if you look at the exhibit A2, you might be able to see it in your packet although it’s little bit hard to read. It’s a white line and previously we had the fence shown 10 feet off the right away line. And then we actually have the gate further back. But 10 feet doesn’t allow you a lot of space to landscape. So we’d like to make it…the fence…constant 20 feet off that right of way line across the area in front of the driveway and all the way out past that accessory building. And then in front of the fence, between the fence and the right of way line, there’s going to be 20 feet. In there, we’re going to provide landscape buffering, some berming, and plantings which will not completely conceal the view into the property but it will buffer the property. So we need to…we’re going to provide a planting plan that which we would obviously have to have approved by your planner prior to installation and construction.
MR. BUCZYNSKI: How high is the berm going to be?
MR. DYKSTRA: Well it’s going to vary not real high, probably…you know…it’s probably about a 2 foot berm in places then it’s going to level off because the drainage has to pass through it. So there will be some parts that will be berm and some…and some level. It will just be a mix so…you give it a little shape.
MR. BUCZYNSK: Shape to it.
MR. DYKSTRA: And you also have between there…there’s actually another about another almost 20 feet to the pavement so you have…between the edge of pavement and the fence there’s going to be nearly 40 feet of land. And in the right of way, the county right of way, we’re not going to plant anything there except that will be maintained as a lawn area. Alright, then we’ll have our sliding gate right across the driveway. And a s I mentioned before I showed in the…on the exhibit in the south easterly corner of the property inside the fence and inside the berm, that where we’re proposing to provide the storm water infiltration basin, which would be subject to…we’ll have to get Gene calculations and show…where we’re matching or exceeding the…the volumes of all the drywells. So that’s a section that could change with the fence location. And the fence will be in this case will be 8 feet high. Really the reason for 8 feet is security. Originally when we talked 6 foot we started talking about barb wire which I heard in the last application…but I told my client no let’s not…let’s not put any barb wire. I think the 8 foot would really achieve the security needs.
MR. CARSILLO: Yes, yes.
MR. DYKSTRA: It’s pretty difficult to climb over…
MR. BUCZYNSKI: I won’t climb over an 8 foot fence…
LAUGHTER
MR. DYKSTRA: So really the reason we need the fence is for security reasons and…you know…I don’t see any detriment to granting that in this general industrial zone.
MR. WEISS: Ken, is there any fencing there now?
MR. DYKSTRA: No.
MR. WEISS: So, the addition of a fence won’t have any negative effect on the property.
MR. CARSILLO: No.
INAUDIBLE PLANNING BOARD MEETING 27 APRIL 20, 2017
MR. DYKSTRA: That’s true, yes. Although this building is going to be…I’ll get to the architectural in a minute but the building will be it’s going to be completely dressed up and painted and…
MR. MANIA: Big change.
MR. DYKSTRA: It will be a big change and a nice use. What else do I have to add? Ok, along that line I’m going to add one more item. The proposed building we want to…it has these two notches in the back and it has…and it has an irregular roof line. It’s not one level roof…it has a lower roof and an upper roof. It’s not a high roof, it’s only 17 feet…17.2 by calculations. Plus there’s these two back notches so we want to…we want to close them in. It adds a little bit of square footage to the building, only 322 square feet. So the building goes from currently 3,798 square feet to…4,120 square feet. Inaudible. The entire roof will be one level instead of multiple levels.
MR. RUSH: You’re staying on the footprint, correct?
MR. DYKSTRA: On the exact same foot print. That’s right. Alright, that’s the change with the building and the only other thing I wanted to mention that the applicant would like is a…what I’d call an equipment wash area. So what this is, is a 20 by 40 diked area where they…I should be able to wash a truck and then all the…all the wash water goes into a treatment system and then a holding tank so then it recycles. And then periodically the holding tank gets pumped out and when that wash area which will be opened to the area is not being used it’s covered with a tarp so the rainwater does not get in and fill the tanks. So that would be directly behind the building. A 24…a 20 by 40 foot equipment cleaning area. And that…
MR. WEISS: Is that on the plans?
MR. DYKSTRA: That’s on the new exhibit that I just produced.
INAUDIBLE
MR. DYKSTRA: There will be tarps so no rainwater…because obviously you don’t want the rainwater to fill your tank because then it’s…
MR. WEISS: Chuck?
MR. McGROARTY: Yes, a thought occurred to me when you’re describing this. I had other questions and I’m sure Gene…doesn’t wait till your testimony is done, but on that point, how deep is the dike do you think, a couple of feet?
MR. DYKSTRA: That’s it.
MR. McGROARTY: The thought is I don’t know if the Fire Marshall has reviewed these plans yet but they certainly will want to review them again because if they needed to get equipment around that side of the building and there’s a tarp there, they may not know there’s dike there. And that could be a serious problem for them so.
MR. SCHAECHTER: The dike is similar to like what you’d see…like a bumper, like in a bowling alley.
MR. CARSILLO: It’s a concrete curb.
MR. McGROARTY: I think, Brian, I think it would be better if the Fire Department comments on that. They have…the truck and the stabilizers they put down. I mean I’m suggesting they should look at it before you decide.
MR. SCHAECHTER: But it will also be temporary. They can roll it up when not in use. So, they’d be able to take it…inaudible.
MR. McGROARTY: No, put my point is if it’s not in the ground…
MR. DYSKTRA: It will be a structure. It will be built.
INAUDIBLE
PLANNING BOARD MEETING 28 APRIL 20, 2017
MR. DYKSTRA: It could be. Yes, so we could check with the Fire Department. If it has to be a little further away from the building that’s…that’s no problem.
MR. McGROARTY: I mean the problem is there’s a lot of changes going on and we are just seeing them tonight.
MR. DYKSTRA: No, I understand. But, part of this comes up now because they actually got on the site. They are not operating there yet but they have some equipment there and they are starting to understand how this site is going to work for them. So that’s what facilitated this and we actually just met last week. We went over these things.
MR. BUCZYNSKI: Did you say it’s a 20 by 20 feet by 40 feet?
MR. DYKSTRA: 20 x 40 in size, yes. And then, of course, we talked about some bins for the storing of sand and stone. We’ll identify them on…somewhere in that…inside the existing gravel area. We are not going beyond that gravel area at all. It’s going to be…
MR. MANIA: Tony, those bins, what are they going to be used in mafia blocks?
MR. CARSILLO: Yes.
MR. DYKSTRA: Yes, probably with the concrete blocks, yes.
MR. MANIA: Yes.
MR. CARSILLO: Yes, mafia blocks.
MR. SCHAECHTER: What are they called?
MR. MANIA: Mafia blocks.
MR. CARSILLO: Mafia blocks.
MR. MANIA: You got to be Sicilian to be able to say it.
LAUGHTER
MR. WEISS: John?
MR. BATSCH: Yes, quick question the…the location of the above ground tank, is it on Sheet 2 or the one on Sheet 1?
MR. DYKSTRA: It’s going to be the one on Sheet 2. We moved it straight behind the building, that’s where they prefer it.
MR. BATSCH: Ok, thank you.
MR. DYKSTRA: Yes, and that will be…that will actually on…actually we have to put that on concrete pad.
MR. BATSCH: Is that going to be diked as well?
MR. DYKSTRA: So, there will be a pad…no, it doesn’t need to be. It’s going to be a double walled…
INAUDIBLE
MR. WEISS: Ok, so, Mr. Dykstra, you were talking about the storage area that is going to be all contained in that large light grey gravel area.
MR. DYKSTRA: That’s correct.
MR. WEISS: Is there going to be further demarcation of such or is there going to be a random placement anywhere on that area? PLANNING BOARD MEETING 29 APRIL 20, 2017
MR. DYKSTRA: Well, we’re going to identify...we will identify exactly where the bins are going but it’s going to be hard to pin down exactly where each truck is going to park and where…because that…I mean that could fluctuate with operations.
MR. CARSILLO: Yes.
MR. DYKSTRA: But the trucks I think the intent was to park the trucks in a row. We are going to have the parking spaces for the vehicles and then as you go along that…easterly side of that gravel area that’s where…trucks…those 9 tri‐axels would park most likely.
MR. CARSILLO: Yes, exactly.
MR. DYKSTRA: So we can identify the tri‐axel parking area. And the bin…bin area is…inaudible…and then we can probably be a little bit general…I’m not sure…you know…we don’t know exactly how many trucks he’s going to have in the future but…
MR. WEISS: Are we ok with that…the Planning Board, just a general speaking on the gravel area is where we’re going to…they’re going to store?
MR. McGROARTY: Mr. Chairman, I’ll say I just heard the comment about the concrete barriers which we’ve done on one or two other locations. But I missed…is that something that’s going to be done here? Is the gravel area going to be enclosed with a fence or some kind of demarcation only because again just to be prudent over time gravel area can expand and…
MR. WEISS: That was my concern because what it looks like today…
MR. McGROARTY: That would be consistent with what you’ve done with other applications like this which is to mark the outer boundaries…
MR. BUCZYNSKI: Particular I’m thinking of the…property on Gold Mine Road where they had a gravel area behind their building and that was marked out with a fence area.
INAUDIBLE
MR. McGROARTY: Well, yes, but we also had a Waterloo Road one where is was enclosed with a fence or it should have been for the same purpose.
MR. SCHAECHTER: Can he mark the gravel with large rocks around it like we allowed Waterloo?
MR. MANIA: Wait, put the mafia blocks all around.
INAUDIBLE
MR. McGROARTY: …the storage area in the back was enclosed with a fence. And the one on Gold Mine Road we just recently saw had those concrete barriers.
MR. SCHAECHTER: Could they maybe put large boulders all the way around?
MR. MANIA: The blocks would be better.
MR. SCHAECHTER: Inaudible…no one’s down there, it’s ugly now…
MR. McGROARTY: Well I think the board’s concern I would imagine that if you’re approving the plan, you…if you want to allow them to expand the gravel…I’m not saying they are going to do it but…
MR. SCHAECHTER: I understand what you are saying…
MS. NATAFALUSY: You are also limited with…
MR. McGROARTY: So whether you use large boulders or something else, that’s your call. But some kind of…some kind of method to mark it, I think would be helpful.
PLANNING BOARD MEETING 30 APRIL 20, 2017
MS. NATAFALUSY: Didn’t they get a Highlands Exemption so they are limited on what they can have…inaudible?
INAUDIBLE
MR. DYKSTRA: It is Highlands Preservation Area and it’s an exempt site because it’s a previously developed before…before the rules.
MR. McGROARTY: Right, but you’re limited to what…
MS. NATAFALUSY: You’re limited…
INAUDIBLE
MR. RUSH: Well actually you could go for a Highlands Exemption and increase the impervious by 25 percent. You’re allowed that, as long as you don’t go more than another quarter acre. You can get 10,000 more square feet but we are not proposing that.
MR. BUCZYNSKI: But your gravel area behind the building you’re limited to that fence, too. You…inaudible…you are going to have a proposed fence around the building.
MR. DYKSTRA: We got the fence right there we could…but that’s if that fence could be built closer in and that would lock you in in the back and that’s pretty much it.
MS. NATAFALUSY: You already got a Highland Exemption…
MR. DYKSTRA: If I could proceed I could actually put some permanent markers…
INAUDIBLE
MR. CARSILLO: We could mark out the gravel area for you. We can mark it out. Where our gravel is now and you can see we’re not going to go past it. We could definitely do that.
MR. WEISS: Actually, Joe…Joe came up with a suggestion if you are looking at the…what is it…the northerly section. You have the fence going off on an angle…why don’t you run the fence parallel to the gravel line?
MR. DYKSTRA: Well that’s what we were just suggesting. If they could run right…
INAUDIBLE
MR. FLEISCHNER: Your pointer is not working.
INAUDIBLE
MR. DYKSTRA: Alright, this fence line here?
MR. FLEISCHNER: No, the one…
INAUDIBLE
MR. DYKSTRA: That’s what I was mentioned before. This one we could run maybe…maybe 5 or 10 feet off that gravel line.
INAUDIBLE
MR. CARSILLO: Ok, we will run it behind the gravel area, ok.
MR. WEISS: Ok.
MS. NATAFALUSY: And they are limited to what’s on the highlands plan anyway so they can’t expand beyond…
MR. WEISS: Well that’s what…we know what happens. PLANNING BOARD MEETING 31 APRIL 20, 2017
MS. NATAFALUSY: Right, that’s what I’m saying.
MR. WEISS: With no disrespect.
MR. CARSILLO: No, no, I understand you.
INAUDIBLE
MR. WEISS: I think that is satisfactory because that’s really the only place where...inaudible…and grow. Anywhere else you’re not going to really move it into your building. So, I think that satisfies a concern. Chuck, Gene, are you…
MR. McGROARTY: As long as you’re comfortable, it’s not going to move any further to the west.
MR. FLEISCHNER: Just mark that western border.
MR. WEISS: Yes, with stone or…
MR. CARSILLO: We could put a bollard…
MR. BUCZYNSKI: Yes, yes, a couple of bollards up.
MR. CARSILLO: We’ll put a bollard and concrete.
INAUDIBLE
MR. CARSILLO: Yes, you guys can come and visit and if you see we went past it…you know…but we have no intentions of doing that.
MR. FLEISCHNER: Just so it’s there.
MR. CARSILLO: I understand, we can mark it.
MR. WEISS: So, let’s just make sure we have a fence to the north. And they’ll use bollards to the left. That’s certainly satisfactory…inaudible…enclosed. Ok, I like that. Mr. Carsillo, you are ok with that?
MR. CARSILLO: Yes.
MR. WEISS: Ok, Ken, I’m sorry about that.
MR. DYKSTRA: Well, I’m basically…I think I’m basically done. I mean there is an architectural plan in there that you can review that but before we make those renovations we have to go to the Building Department. The main reason I wanted to show it to you that was the intention and at some point they will renovate the building. For the time being though, with site plan approval we want to renovate what’s existing. But we want the ability to add that square footage if you so choose in the near future.
MR. CARSILLO: Yes.
MR. BUCZYNSKI: Did you guys submit revised plans and revised architectural plans to the board too then right?
MR. RUSH: We’ll submit the…we have the architectural plans right here. We’ll submit them formally. This is an exhibit today, right? Those are the plans.
MR. McGROARTY: If I may, Mr. Chairman? I think we asked the question and in the report but I’m not sure. But the bays, the three bays in the building today, are you going to be using those bays? Do they have lifts in them, I believe. Do they?
MR. CARSILLO: No, everything…there’s nothing in the bays that…everything’s done. The building is 100 percent vacant.
PLANNING BOARD MEETING 32 APRIL 20, 2017
MR. McGROARTY: So, and you’re not going to have lifts?
MR. CARSILLO: No, no lifts, sir.
MR. DYKSTRA: But there will be three bays.
MR. BUCZYNSKI: Are you going to use those areas…
MR. CARSILLO: We are still going to utilize the bays, but there will be no lifts or anything like that.
MR. WEISS: Catherine?
MS. NATAFALUSY: There’s a dumpster on the site now. Are you putting that in an enclosure? You got a small dumpster next to the building I don’t know if it’s the previous owners?
MR. CARSILLO: That’s…that’s ours.
MS. NATAFALUSY: Ok, you are…it should be enclosed.
MR. CARSILLO: Ok.
MS. NATAFALUSY: Is it going to stay?
MR. CARSILLO: Yes, that’s is going to stay, yes.
MS. NATAFALUSY: Ok, so that should be shown on the plans.
MR. CARSILLO: I didn’t know…we didn’t know it had to be enclosed.
MR. DYKSTRA: That’s something to be discussed because there is not a lot of point to enclosing it if it’s behind the building and it’s…we already got a completely enclosed site. And those enclosures just…you know…most of the time they get destroyed over time and they’re…
MR. McGROARTY: So then, Mr. Dykstra, you’d want to describe that as a design waiver and…
MR. DYKSTRA: Yes, I would suggest a design waiver for your dumpster on a site like this.
MR. McGROARTY: But...and the location…but where is it now and where is it going to be?
MR. DYKSTRA: Well we’ll designate it on the plan.
MR. CARSILLO: Right now, it’s in the front…
MR. DYKSTRA: Yes, but it’s going to be behind the building.
MR. CARSILLO: It’s going to be behind, yes. I mean right now…but yes. Right now we have everything…we are only limited to be behind the building at the time being right now so I couldn’t put it behind. I have everything else behind the building.
MR. SCHAECHTER: Right, so is it going to be on the concrete pad?
MR. DYKSTRA: No, it will probably be back…I’m looking at…if you’re looking at building from Bartley Chester Road right back in the…in the gravel area, I would think.
MR. CARSILLO: Yes, yes.
MR. WEISS: And a truck picking up that dumpster won’t be effected by any outdoor storage?
MR. CARSILLO: No, no.
MR. WEISS: Ok, so the revised plan will show the location wherever logistically you need that.
PLANNING BOARD MEETING 33 APRIL 20, 2017
MR. DYKSTRA: Yes, and we’d request a design waiver for the enclosure.
MR. WEISS: Ok, Ken, I think I heard you say you were pretty much done with what you had to say.
MR. DYKSTRA: Yes.
MR. WEISS: Let me turn it to Gene. I know Gene presented a report dated January 24th. Gene would you like to go through that?
MR. BUCZYNSKI: Sure. Page 1, actually mentions about the existing Highlands Exemption that was granted in 2009. I mentioned in my report…Page 2, the first item he discussed is a request for a variance for the 8 foot high fence. Number 2, he also discussed the existing…inaudible…Item 3, I think we mentioned about the contamination on the site and that’s pertaining to the 18 monitoring wells. I guess after it’s cleaned up, they’ll be capped?
MR. DYKSTRA: Probably they will would fill in the wells. You know…whatever the procedure is at that point.
INAUDIBLE
MR. BUCZYNSKI: Just to satisfy DEP requirements. Number 4, the drywell drainage system. Mr. Dykstra mentioned he’s going to submit revised plans showing the infiltration system with calculations. Regarding the parking area, I guess that whole parking area is going to be milled and paved and restriped, correct?
MR. DYKSTRA: The entire existing paved area will be…not just the…will be milled.
MR. BUCZYNSKI: …down on the plans with details for the paving. Seven was regarding security lights. Item 9, kind of what we just touched on now regarding the service bays and you already mentioned what type of repairs you’ll be doing on site within those bays. I think that’s been covered already. Just verify the Health Department regarding onsite well and septic system. Not sure if you dealt with them yet.
MR. DYKSTRA: I have. I had a call into them. They didn’t call me back. Although I missed their return call today. So, we’re going…
INAUDIBLE
MR. BUCZYNSKI: That’s is. Basically discussed most of the items. Most of the items there was testimony.
MR. WEISS: So, let’s continue then. Chuck, you also presented a report…inaudible. Why don’t we take the time to review your report?
MR. McGROARTY: Alright. Mr. Dykstra, we talked about landscaping in front. You called me today to say that there was going to be showing something there but we have no details yet. So I don’t know what kind of plantings, I don’t know what density there is. The buffer requirements in the ordinance, you can see it, it’s in the report. The ordinance requires if you have outdoor storage in the GI Zone, it has to comply with the buffer section of the ordinance and that’s what you see in the report. So, I don’t have any…we don’t have any information on that. I’ll just comment on the rest of the things and then I…Mr. Dykstra can respond or we can move on or…inaudible. Gravel area we talked about tree clearing. Again, Mr. Dykstra talked about this today briefly on the phone. The fence is running through what’s depicted as a wooded area. I mean I know the site is, I’m sure people here know the site. It’s not a pristine thick forest, nonetheless the town ordinance says when you’re removing trees, you have a tree removal plan requirement. So, whether there’s a tree removal plan or some confirmation that trees of a certain caliber are not going to be effected by this, we need to know that…I think…and you need to know that as a board because that’s part of the zoning requirements. The minor remaining points, there’s a building mounted sign which is proposed. My questions was is there any…how’s that sign going to be illuminated? If you know.
MR. DYKSTRA: Yes, the proposal would be to have a light attached to the building and indirectly light it.
PLANNING BOARD MEETING 34 APRIL 20, 2017
MR. McGROARTY: Indirectly. Ok. And lastly, will site lighting be shut off during night hours?
MR. DYKSTRA: Really for security reasons we’d prefer to have most of those lights on all night so they would be…basically dusk to dawn lighting schedule.
MR. McGROARTY: The board has…in the past with other applications…you’re allowing some security lighting but generally you don’t have an entire site lit as it would be…inaudible…again it’s to control the amount of sky glow and the impact. That’s been the practice here. So whether you need all three or one or some variation on that…
MR. DYKSTRA: I think we could come up to an accommodation where some go…some are off and we leave a certain number on…right?
MR. CORSILLO: Yes.
MR. McGROARTY: There’s a lot of…I don’t know how the board wants to proceed at this point. We have a lot of things that you need to see yet.
MR. WEISS: I think…
MR. BUCZYNSKI: One thing too if I could just have…what Chuck mentioned too about the trees. Are we going to get a tree replacement plan like we do with all our other applicants?
MR. SCHAECHTER: How many trees are they planning…how many trees are you planning to take down?
MR. DYKSTRA: Well we’re not planning to take down any trees. The fence is going to go through the wooded area. We are not going…we are going to avoid the trees and…it will meander through there.
MR. CARSILLO: There is a lot of overgrowth right now. We’re just going to trim it down.
INAUDIBLE
MR. BUCZYNSKI: Nothing in large diameter?
MR. DYKSTRA: We would clear just brush.
MR. CARSILLO: I don’t know if you guys have actually walked the site. It’s…I mean there’s more trees that have been knocked down over the years from storms but we are just looking to go thru the brush, put the fence in.
MR. WEISS: Ok, we could just basically lead that any trees that have to be removed will be by ordinance…conform to the tree ordinance.
MR. DYKSTRA: That’s right.
MR. WEISS: Your plan is not to take any down which is great but if you have to, the removal will be in conformance with the tree ordinance.
MR. CARSILLO: Yes.
MR. McGROARTY: I’m not sure how you’re going to do that, Mr. Chairman. I think, I don’t know how you’re going to do that. I mean, if you’re comfortable with the testimony that they’re not going to remove what they are but if they come across a tree that has to be moved, they have to come back here for a revised site plan.
MR. WEISS: Can’t they do a field change?
MR. McGROARTY: No. No, I mean unless you’re dictating that it shouldn’t or deciding that it would be a field change, but the ordinance would say there is a tree removal plan that’s under 550‐75…
PLANNING BOARD MEETING 35 APRIL 20, 2017
MR. WEISS: I’m just concerned that we are creating kind of a hardship where their intention is not to cut down trees. They are out in the middle of doing a fence job and low and behold there is a tree that has to come down.
MR. McGROARTY: No, I understand. But…you know…in fairness we did comment on this. This is not something we are raising tonight. So if there are no trees to be removed and the board is comfortable with it, that’s fine. But if they take down a 12 inch tree by any chance there might even be one out there…it’s not likely that they are going to file a tree removal plan and come back here. In terms of replacement I don’t know how we would go about that.
MR. WEISS: Couldn’t the field inspection pick that up?
MR. BUCZYNSKI: If you want my guy to be there eight hours a day so he can watch to see if any trees being taken down.
MR. MANIA: Well, if the applicant is testifying that he’s not taking any trees down, can’t we take his word for it?
MR. WEISS: Absolutely, I’m only concerned…
MR. BUCZYNSKI: I mean…if we have an inspector on the site and he sees that there’s a problem then we’ll discuss it with him.
MR. WEISS: Fair enough. Ok.
MR. McGROARTY: Now, let me just…just so we get that clear. If that happens, I don’t know if anyone outside of this board has the authority to impose a requirement for tree replacement. And so that’s why I’m saying it would have to come back here. Do you know what I’m saying?
MR. DYKSTRA: This question is for you. This tree ordinance because…I’m familiar with other towns tree ordinances where if you were a property owner without a site plan or anything and you were going to cut a certain caliber diameter trees down or a certain number of them, then I would have to go for a tree removal plan and satisfy whatever the…inaudible. So they can’t just come in and apply for a tree removal permit if they were going to take a tree down in violation of the ordinance.
MR. McGROARTY: I don’t know, could they?
MS. NATAFALUSY: One tree? Well there’s certain criteria…
MR. DYKSTRA: Right, well I mean if they had met the…if they…inaudible…criteria for the tree removal ordinance. It’s my familiarity with other towns as I said where if somebody was going to cut down X amount of trees of X caliber, I have to come in and get a tree removal permit. Get the approval for it and then whatever replantings I have to do to satisfy the tree ordinance. So I’m just trying to…
MR. McGROARTY: Maybe the way to do this it sounds like they are going to make changes to the plans anyway, right? Maybe between now and the time when…a resolution is adopted assuming it’s approved, they mark it in the field and either Gene or myself or both of us go look with them. Is that fair?
MR. BUCZYNSKI: Mark out where the fence is going to be?
MR. DYKSTRA: Yes, we can do that. Do it soon before those leaves pop. It’s going to be a jungle in there.
INAUDIBLE
MR. WEISS: I have…I don’t think the Planning Board has any doubt that Mr. Carsillo’s testimony is accurate. I just think we’re talking about a situation that…you have no possible idea what could be out there. That’s only going to happen in conversation. I take your word. We’re not looking to bust chops. You’re saying you’re not going to take down trees. Fine. But we’re talking about one piece of property, we don’t know every inch. We don’t expect you to. So if we come into a situation we want to at least be covered. And that’s why we’re having a conversation so is that a good answer for you, Mr. Schaechter?
PLANNING BOARD MEETING 36 APRIL 20, 2017
MR. MANIA: Wonderful.
MR. SCHAECHTER: It’s an answer. I don’t know how good it is because…you know…I pass this site two to three times a day. And I’ve got to be honest with you. It is a hole. Any improvements that these guys do, is going to be a tremendous…I commend them for buying the property and doing what you’re doing. And uprooting your business and coming out west to Mount Olive and we have stuff like this…it’s like they’re not taking any trees down. Whatever is down there, it’s obviously fallen from the weather and…
MR. WEISS: I think we’ve been around long enough to know that we all want to agree with you and in the event that it’s not true, we want to at least have a process in place that the applicant can follow to controlling.
MR. SCHAECHTER: Howie, we can’t even get our town officials to go out and control what their supposed to be patrolling.
MR. McGROARTY: Alright, I’ll tell you what then we won’t raise these issues again in the future if that will make you more comfortable.
MR. SCHAECHTER: Listen, raise the issue when there is an issue…
MR. McGROARTY: Alright.
MR. SCHAECHTER: It’s not an issue.
MR. WEISS: If it’s an issue, it will happen during the construction phase.
MR. McGROARTY: It’s an issue if it’s in the ordinance. Whether you enforce it is your call.
MR. BUCZYNSKI: Just for the record, I’m not sure if you have it but there is a report from the Health Department, February 7th. It says…our Department Head…I’ll read it for the record. Our Department has no objection to the site plan approval, proposal although this plan is approved by our department reinstatement of the septic management requirement will be necessary prior to the occupancy of this property. That’s what is says.
MR. RUSH: That’s dated what? April?
MR. BUCZYNSKI: February 7th.
MR. RUSH: February 7th. Alright.
MR. FLEISCHNER: Yes, so make sure the septic works.
MR. RUSH: Yes.
INAUDIBLE
MR. WEISS: Ok, so, Chuck, that completes your report.
MR. McGROARTY: Yes.
MR. WEISS: Mr. Rush, do you have anything else?
MR. RUSH: Just to clarify for the record, just want to make sure we are reinstating our original request for 8 foot fence and variance for that and we are also requesting the design waiver for the dumpster enclosure. And I believe Mr. Eveland will probably have a list of conditions.
MR. EVELAND: Yes.
MR. WEISS: And the Chairman is usually really good at too. Ok, so we’ll do that when we wrap it up. We’ll go over and make sure that you agree with the understanding and we’ll enter it into the record. Ok, so if Mr. Dykstra is done, let me open it to the public. If anybody from the public has any questions for Mr. Dykstra based on the testimony delivered tonight, and I see no one from the audience has anything to say about it so, I’ll close it to the public. Does that conclude your… PLANNING BOARD MEETING 37 APRIL 20, 2017
MR. RUSH: Yes, I think we’ve examined this application very well this evening and I don’t think I have anything to add so thank you.
MR. WEISS: Thank you. Ok, so with that being said, John.
MR. MANIA: I’d like to make a motion to...
MR. WEISS: Well, let’s talk…before you do that let’s maybe talk about the conditions and then we’ll make a motion to accept…or deny. So, as Scott had said we’ll be making some notes about conditions. I have obviously some of the plans are going to be revised. Ok, I have Fire Department review of the plan for the dikes. When it comes to the demarcation of the gravel storage, we’re going to move the fence to the northern edge a foot or so off of the gravel area and to the west there will be bollards. The dumpster enclosure, you’re requesting a design waiver because the site is already enclosed and the plans need to be revised to show the location of the dumpster. A condition is a Health Department review, is to conform to the Health Department review.
MR. EVELAND: Landscaping plan.
MR. WEISS: Yes, I have from Gene’s report, I have…the fact that the wells will be capped or they will be handled to satisfy the DEP whatever property line you do need to put in…a revised plan for the dry well…storm water system. Approval from the various Morris County Planning Board, I already mentioned that on the Health Department. Chuck’s report, I have…need landscape buffer, the details need to be on the plan that which show conformance to the ordinance. We kind of beat up the tree ordinance, any tree removal will be in conformance to the tree ordinance. Lighting plan will be resubmitted…will be submitted as…and you will show which lights will be on from dusk to dawn with the Planning Board not really wanting to see all the lights dusk to dawn. So you need to show us a lighting plan. I believe that’s what I have.
MR. BUCZYNSKI: And the just plan to revise the show limits of milling and paving…the appropriate details.
MR. WEISS: Chuck, were there any others?
MR. McGROARTY: No, thank you, nothing else.
MR. WEISS: Anybody else? Did we miss anything?
MR. EVELAND: I think the only one you missed, Mr. Chairman, was the single operator.
MR. WEISS: That’s actually from the first page of my notes, correct. My first one right there.
MR. EVELAND: So, I’ll put something in there.
MR. WEISS: Applicant won’t sublet space while he’s operating as the existing lease. Something to that effect.
MR. EVELAND: Yes.
MR. WEISS: Perfect, thank you for that. Ok, so, John, you were saying with those conditions…
MR. BATSCH: Did we say we were going to have sand and gravel…
MR. BUCZYNSKI: Bins.
MR. MANIA: Bins.
MR. BATSCH: …identification? Yes.
MR. WEISS: With that, John Mania, I think you had something to say.
MR. MANIA: I just to make a motion. I think we beat this thing to death.
PLANNING BOARD MEETING 38 APRIL 20, 2017
MR. WEISS: Ok, John, make a motion to…
MR. MANIA: To approve.
MR. WEISS: Approve the application.
MR. MANIA: With the condition set forth by our chairman and esteemed attorney.
MR. WEISS: Ok, John.
MR. FLEISCHNER: Second.
INAUDIBLE
MR. WEISS: Joe, second. Any comments, conversation? Seeing none, Catherine, roll call.
ROLL CALL: Joe Fleischner ‐ yes Brian Schaechter ‐ yes John Mania ‐ yes John Batsch ‐ yes Howie Weiss ‐ yes
MR. WEISS: And of course, like I said earlier, it’s a pleasure to see a business moving into town…and we are just excited to see…inaudible…lots of luck.
MR. CARSILLO: Thank you, thank you, and thank you for your time, thank you very much.
MR. RUSH: Thank you.
INAUDIBLE
MR. WEISS: That concludes our developmental matters for the evening. Catherine, our next meeting is…
MS. NATAFALUSY: May 11th.
MR. WEISS: May 11th, how is that meeting looking?
MS. NATAFALUSY: May 11th is Flanders Valley Golf Course is coming in for a D‐31 review and…and ARD Mount Olive Associates is coming in for an extension of Phase 2 for Morris Chase.
MR. WEISS: It might be…you know I was thinking about that when are they coming in because I know they come right after Toll Brothers. Is it possible…inaudible.
INAUDIBLE
MR. BUCZYNSKI: When they last time, they would be informing and testing it on their site to make sure they can do what they need to do for Phase 2. Well, those dates are a year ahead of time now because the development…right now with them coming in for the request, you should ask them what have they done to verify the building…
MR. WEISS: And I don’t really want to commit to a conversation but Gene I agree with that because that’s why I brought it up. Their testimony historically has been done after the other guys.
MR. BUCZYNSKI: Yes, and the other guys were here already.
MR. WEISS: And so that’s what I was just asking Catherine. If you can summarize…what is it that…I think Toll Brothers said they had…remember how many houses? It was just a few houses left.
MR. BUCZYNSKI: They testified that they are going to be done within like 2017 and they came in…ARD came in they said well it’s projected that…that Toll Brothers will be done in 2018 so it’s a whole…now a whole year ahead of time. So, now they should be submitting the information for their Phase 2. PLANNING BOARD MEETING 39 APRIL 20, 2017
MR. WEISS: Because if you remember this ARD Application has gone before Appellate Division and the direction has been very clear from the count in that as long as Toll Brothers is still doing their thing, ARD has the right to these extensions but now that Toll Brothers is done, I just want to make sure that…
MR. BUCZYNSKI: They should have some more information with what they’ve done relative to the development of things for Phase 2.
MR. WEISS: Alright, so that’s May 11th.
MS. NATAFALUSY: May 11th. So we don’t have anything currently, Scott. Scott, we don’t have anything currently on May 18th so we are going to have this resolution for May 11th.
MR. EVELAND: This one here?
MS. NATAFALUSY: Yes, I don’t have any matters scheduled for May 18 so we might be…
MR. EVELAND: Oh, ok, so I’ll make sure I get…so if we don’t have to meet that day…
INAUDIBLE
MR. SCHAECHTER: Catherine, when is your last meeting?
MS. NATAFALUSY: My last meeting will be June 15th.
MR. MANIA: 2022.
MR. SCHAECHTER: I don’t think we voted on whether we should let you retire or not.
MS. NATAFALUSY: Ok, want to take a vote?
LAUGHTER
MR. WEISS: Ok, so with that being said, anybody want to make a motion to adjourn?
MR. MANIA: So moved.
MR. WEISS: All in favor?
ALL IN FAVOR: Aye.
Meeting Adjourned at 8:46 pm Transcribed by: Mary Strain, Secretary Planning Department