MINUTES

ROSELAND PLANNING BOARD

REGULAR MEETING

JULY 21, 2014

CALLED TO ORDER:

Vice Chairman Minervino called the meeting to order at 7:12 p.m. with a salute to the flag. Those present on roll call were:

Louis LaSalle, Chairman (arrived at 7:15 p.m.)

Charles Minervino, Vice Chairman

Richard Reynolds

Councilman David Jacobs

Michael Oliveira

Jack A. Gordon

Nancy Sayer, Alt. #1

Manny Oliveira, Alt. #2

Steve Salvanto, Mayor’s Alternate

Vincent Loughlin, PB Attorney

Larry Palmer, PB Engineer

Joseph Layton, PP

Those absent were:

Martin Marasco

Joe LaMonica

Mayor John Duthie

STATEMENT OF COMPLIANCE:

In compliance with Chapter 231 of the Public Laws of 1975, notice of this meeting was given by way of annual notice filed with The Progress, The Star Ledger, and the office of the Administrator of Roseland on March 6, 2014 as so certified by the Secretary. Notice has also been posted in a public place in Borough Hall, 19 Harrison Avenue, Roseland, NJ.

APPROVAL OF MINUTES:

The minutes of the Regular Meeting of June 16, 2014.

A motion was made by Councilman Jacobs and seconded by Mr. Salvanto to approve the minutes as presented. Roll Call: Minervino, Yes, Jacobs, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 4-0.

RESOLUTION TO BE ADOPTED:

#14-04 – Regal Bank, Block 44, Lot 14. Resolution of Approval for Preliminary and Final Site Plans to install a back-up generator with associated variances located at 180 Eagle Rock Avenue in the B-1 Zone.

Chairman LaSalle resumed his position as Chairman.

Minutes

Regular Meeting

July 21, 2014

Page Two

Charles Rosen, attorney for the applicant, stated that the brand, size, and setback of the generator were changing from what was approved; however, it would be in a smaller footprint than what the approval was granted for.

Mr. Loughlin stated that the resolution should be passed as is and that those changes would be left up to the administrative staff.

A motion was made by Mr. Salvanto and seconded by Councilman Jacobs to approve the resolution as presented. Roll Call: LaSalle, Yes, Minervino, Yes, Jacobs, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 5-0.

GENERAL BUSINESS:

a.  Vouchers – July Bill List

A motion was made by Mr. Reynolds and seconded by Mr. Gordon to approve the bill list as presented. Roll Call: LaSalle, Yes, Minervino, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, Michael Oliveira, Yes, Sayer, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 9-0.

b. Review of amendments and approval of resolution for the Redevelopment Study Area Determination of Need for Block 38, Lot 56, 165 Eagle Rock Avenue, Roseland, NJ

Joseph Layton went through the changes that the Board requested at the prior meeting. The Board went over their recommendation to expand the area being reviewed to the entire B-1 Zone as an area in need of rehabilitation.

Richard Leonard stated that he was pleased that the Planning Board was recommending to the Council to review a larger area for rehabilitation.

A motion was made by Mr. Minervino and seconded by Mr. Gordon to approve the report with one minor grammatical change. Roll Call: LaSalle, Yes, Minervino, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, Michael Oliveira, Yes, Sayer, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 9-0.

APPLICATIONS TO BE HEARD:

#14-05 – DISH Network, Block 30.01, Lot 12. Request for Preliminary and Final Site Plan Approval to install a back-up generator located at 3 ADP Boulevard in the OB-2 Zone.

John Wyciskala, attorney for the applicant, stated that this site is DISH Network’s primary sales and business office for the entire northeast; therefore, the request is to install a back-up generator. He introduced Robert Neumann, engineer for the applicant.

Minutes

Regular Meeting

July 21, 2014

Page Three

Mr. Neumann described the diesel-fueled generator in detail as being double-walled and sitting on a concrete pad with bollards placed on the parking lot side. It will be 30-feet long, 8.4-feet wide and 13.10-feet high. Three Norway Spruces would have to be removed. The generator would be tested, not a full load, once a month for about 30 minutes on the weekend during daylight hours. The generator would be connected to the building underground.

Mr. Minervino stated that the applicant has addressed the comments that the TRC members had questioned.

Mr. Wyciskala, in answering the Board, stated that his client would work with the Borough’s experts to replace the trees.

Mr. Palmer, the Borough’s Engineer, stated that the generator operator is required to log onto the NJDEP web site to confirm air quality.

A motion was made by Mr. Gordon and seconded by Mr. Reynolds to approve the application as presented including working with the Borough Forester on tree replacement. Roll Call: LaSalle, Yes, Minervino, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, Michael Oliveira, Yes, Sayer, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 9-0.

#14-03 – 168 Roseland, LLC, Block 44, Lot 17. Request for Approval for Preliminary and Final Site Plans for a 7-Eleven convenience store with associated variances located at 168 Eagle Rock Avenue in the B-1 Zone. The Borough’s experts were: Anthony Marucci, Engineer; Robert Michaels, Planner; and Harvey Yesowitz, Traffic Engineer.

James Turteltaub, attorney for the applicant, stated that the application was to convert a gasoline station into a convenience store. He introduced John Palus, the applicant’s engineer.

John Palus described the existing conditions and surrounding area. He introduced the following exhibits: A-1 – photograph of site; A-2 – aerial photograph of the site; A-3 – colorized site plan rendering; A-4 – photo rendering of proposal; A-5 – vehicle circulation plan from Eagle Rock Avenue; A-6 – vehicle circulation plan from Roseland Avenue; A-7 – list of variances; and A-8 – survey dated January 6, 2012. Mr. Palus described the building with the proposed addition and site improvements including fencing, trash enclosure, loading area, pole mounted lighting, wall mounted lighting, security cameras inside and out, bike rack, and 12 parking spaces which conform to the ordinance. Two of the parking spaces are in front of the trash enclosure and will be used for employee parking. Trash removal will be between 11:00 p.m. and 5:00 a.m. when the business is closed. The southerly driveway on Eagle Rock Avenue will be closed and the landscaping will be enhanced on the County property. The proposed landscaping will reduce the impervious coverage from 91% to 77%. There will be 2 employees on site at any one time, 1 tractor trailer delivery and approximately 14 smaller truck deliveries per week. The truck will bring in deliveries through the front door and remain approximately 30 minutes on site to unload, obstructing 2 parking spaces

Minutes

Regular Meeting

July 21, 2014

Page Four

during that time. In answering the Borough Forester’s comments, the applicant agreed to all with the exception of the suggestion of river rock. For safety reasons, the proposal is for sod. In answering the Board, Mr. Palus stated that they looked at other options for the building location and felt the proposal is the best for tractor trailer circulation.

Mr. Minervino stated that it appears that the building expansion is creating many of the variances.

A break was taken from 8:50 p.m. to 9:05 p.m. Roll Call: LaSalle, Yes, Minervino, Yes, Reynolds, Yes, Jacobs, Yes, Gordon, Yes, Michael Oliveira, Yes, Sayer, Yes, Manny Oliveira, Yes, and Salvanto, Yes.

Mr. Palus, in answering Robert Michaels comments, stated that he would submit information on the gasoline tank closure to the Board.

Anthony Marucci, Borough Engineer, requested information on the environmental issues and monitoring wells on the property. He was concerned with the tractor trailers, when unloading, that their rear doors would almost be on the sidewalk if they came in off of Eagle Rock Avenue creating a safety issue. He stated that if the addition was not where it is proposed then the rear area could be used for trash, employee parking, and a loading area. Mr. Turteltaub said that environmental information would be submitted for the next meeting.

Mr. Palus, in answering the Board, stated that his client will leave whatever security lighting on that the Board requests and will conform to the fence ordinance as requested. He stated that snow would be pushed to the perimeters of the site or trucked off site.

James Argast, from Farmer Funeral Home, was concerned with the property line, the landscaped area, and the sprinkler system between the two properties that Farmer Funeral Home maintains even though it is not their property.

Charles Rosen, attorney representing 172 Eagle Rock Avenue Corp., objected to the height of the fence because of the proximity to his client’s windows. In answering Mr. Rosen, Mr. Palus stated that they would conform to the fence ordinance thereby alleviating the problem.

The application, with the consent of the applicant, will be carried to the August 18, 2014 meeting.

GENERAL BUSINESS:

c. Vince Loughlin – Redevelopment Study Area Determination of Need

A motion was made by Councilman Jacobs and seconded by Mr. Michael Oliveira to approve the not to exceed amount of $625.00 for Mr. Loughlin’s work on the Redevelopment Study Area Determination of Need. Roll Call: LaSalle, Yes, Minervino, Yes, Reynolds, Yes, Jacobs, Yes,

Minutes

Regular Meeting

July 21, 2014

Page Five

Gordon, Yes, Michael Oliveira, Yes, Sayer, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 9-0.

ADJOURNMENT:

The meeting was adjourned at 10:20 p.m.

Respectfully Submitted, Gail Tynan, Planning Board Secretary