PLANNING BOARD
MEETING
MINUTES
MAY 26, 2015
CALL TO
ORDER The meeting was called to order at 7:00 p.m.
______
FLAG SALUTE The Board did then salute the flag.
______
ROLL CALL On a call of the roll, the following Board Members and Officials should be present:
BOARD
Mr. Jeffrey Robinson
Mr. William Hering
Mr. Alexander Shipley, Mayor’s Designee
Mr. Samson Steinman, Mayor
Mr. William Davis, Jr., Commissioner
Mr. Robert Bresenhan, Commissioner
Mr. Robert Simon, Commissioner
Ms. Lisa M. DaSilva Commissioner
Mr. Richard Watkins, Commissioner
Ms. Danielle Newbury, 1st Alternate Commissioner
Ms. Dennys G. Rolong, 2nd Alternate Commissioner
MINUTES: Any necessary changes to the Planning Board minutes of May 26, 2015
shall be made at this time and approved by action of the Commissioners.
Motion: Commissioner Simon Second: Commissioner Bresenhan
Yes: Mayor Steinman, Commissioners: Bresenhan, Watkins, Simon, Rolong and Robinson
Absent: Commissioners DaSilva and Davis
PLANNING BOARD
MEETING
MINUTES
MAY 26, 2015 PAGE TWO
Chairman Robinson opened the meeting with the regulations and reading of the agenda into the record. The following action took place: Chairman Robinson called upon the application to be heard. Application #02/15 - NK Smokeshop, Inc., 29 E. Milton Avenue, Block 311, Lot 1,
Applicant is seeking minor site plan approval. John DeNoia, Attorney for the applicant presented the application. Mr. DeNoia stated that they are here because the Board requested that the applicant would be present and the Board requested additional information with regard to the signage on the building and the materials to be sold in connection with this application. Mr. DeNoia called upon Mr. Harris Kahn to testify for the applicant. The applicant presented two computer renderings showing the signage for the name that the store. The name on the sign was “Mad King Smokeshop”. This was the end of their testimony.
Chairman Robinson opened the application to the public, inside and outside of two hundred feet. There were ten individuals who spoke against this application. They are as follows: Michael Capko who resides at 264 Seton Avenue, Roselle Park, but who works in Rahway and said that he works in the substance abuse field and that this proposed use send mixed messages to the youth. Mr. Capko stated that he googled the applicant’s businesses on Facebook and they talk about marijuana use. He also stated that Rahway is doing well and that this would be a bad addition to the community. Sean O Riordan, 184 Kimberly Road, Union, stated that this is not a good look for Rahway and it send the message that marijuana abuse is acceptable. Joann Mannix, 634 Quinton Avenue, Kenilworth, stated that she is an educator at the Alternate High School in Rahway. She stated that in her opinion, this proposed use will give kids the opportunity to get marijuana. She stated that this is a “Head Shop” and will be bad for business. Christine DeJesus-Farrar, 1726 Park Street, Rahway, suggested looking at the web page for the Long Island store and stated if you do, you will see it refers to marijuana and a smoking culture. Carla Timmons, 499 West Grand Avenue, wanted to know about the sign and the image that would be on the sign. She stated that this is not a positive image for our community; should put something healthier there; not in favor of this application. Ann Marie Williams, 534 Inman Avenue, Stated that she was concerned at what this business will bring to the community; the pipes and everything else that they propose to sell. She stated that she hopes they community can change this application by not approving it. Rosalyn Smith, 1280 Clark Street, Stated that she is opposed to this application. Does not want to see it here; very detrimental to our children; she stated that she is opposed to the application. Sarah Benjamin, 517 Washington Street stated that this is not a good idea for our children. She stated that children walking to and from school will be subject to this shop. David Brown, 353 East Stearns Street, stated that he is not proud of what will come in the City with this application. He stated that the smoke shop will lead to marijuana and synthetic drug use; does want it here in the City of Rahway. Denise Rolong, 1196 Kline Place, stated that she would not like to see this application approved.
The Board has decided to deny this application because it is not in accordance with the City’s Master Plan. This is not a “retail tobacco and tobacco accessary shop,” but a shop that sells drug paraphernalia. This is verifiable by visiting the website and the Facebook page of the Applicant’s store the “MAD King” on Long Island. It is not in keeping of the redevelopment goals of the Amended and Supplemental Central Business District Redevelopment Plan, which states in part that “the
PLANNING BOARD
MINUTES
MAY26, 2015 PAGE THREE
MINUTES CONTINUED:
establishment of an economically viable and environmentally sound area which will serve to create an area conclusive to a wholesome living and working environment beneficial to safety, health, moral and welfare of the community.” Moreover, Section 421-9.B. of the City Land Use Ordinance prohibits any use which is not expressly permitted. Since drug paraphernalia stores are not permitted, they are prohibited.
Motion to deny the application was made by Commissioner Bresenhan and seconded by Watkins
Motion: Commissioner Bresenhan Second: Commissioner Watkins
Yes to deny: Mayor Steinman, Commissioners: Hering, Bresenhan, Watkins, Simon, Newbury, and Rolong
Noto deny: Chairman Robinson
Absent: Commissioners DaSilva and Davis
The next application to be heard is application#04/15 – Ingerman Development Company, LLC, 219 Central Avenue, Block 167, Lot 1, Applicant is seeking preliminary site plan approval and minor subdivision approval with bulk “c” variance. Jennifer Mazawey, Attorney for the applicant, presented the application. Ms. Mazawey presented 4 witnesses to testify for the applicant. They were Bruce Morgan, president of BCM Affordable Housing and Ingerman Affordable Housing, Matthew Kensil, the professional engineer, James Haley, the professional architect and Joseph Luste, professional planner from Pennoni Associates.
The applicant proposes to build Rahway residences for the Arts District. Bruce Morgan testified that the Actor’s Fund left and assigned their right to the Reinvestment Fund to the applicant. He stated that his company hired a group that specializes in analyzing the need for artist housing and they found that this location is suitable because of its proximity to New York City and the Train Station. Mr. Morgan stated that the tax credit program requires that there be one, two and three bedroom units in the project. The property is being subdivided so that the parcel containing the existing building can be deeded to the City. Mr. Morgan stated, that with regard to the question of parking, the applicant will get 36 parking spaces from the Parking Authority if they are needed. Mr. Matthew Kensil, the project manager, regarding the proposed subdivision and site plan, stated that variances are needed for the subdivision for total lot area, lot depth and rear yard setback of the proposed subdivided lot. He stated that the variances are necessitated by the Redevelopment Authority’s request to keep the existing building contained on that lot. Mr. Kensil described the engineering features of the application. Mr. Kensil stated that the applicant wants the project to be walkable and will provide exterior lighting and a landscape plan. James Haley, professional architect, described the project as green, sustainable and pedestrian friendly. Mr. Haley stated that a bulk variance is required for the three bedroom units and as stated previously, the tax credit program requires that some of the units have three bedrooms. Joseph Luste, professional planner, stated the requested “c” variance are needed because of the irregular shape of the lot. He continue to testify that strict application of the bulk requirements would result in peculiar and practical difficulties to and exceptional and undue hardship upon the applicant. Mr. Luste stated that the plan is consistent with the redevelopment plan and that it does not hurt the public. The variances requested can be granted without substantial detriment to the public good and will not substantially impair the intent or the purpose of the zone plan and zoning ordinance.
PLANNING BOARD
MINUTES
MAY 26, 2015 PAGE FOUR
MINUTES CONTINUED:
Chairman Robinson opened the application to the public, inside and outside of two hundred feet.
Rev. Ericka Crawford, Pastor of Ebenzer Church was concerned about the parking. She wanted to know if the parking will be free. She was told it would be free to the residents whether on site or off site. Althea Peterson, member of the Ebenzer Church, had concerns about the parking with concerns for the spaces for the residents. Carol Holmes, member of the Ebenzer Church, wanted to why the building was not being torn down. She was told that the Redevelopment owns it and wants the building to remain there. Scott Aruta, 33 C Parkway Drive, Clark, had questions about the grading plan, wanted to know if there will be a flooding issue. He stated that the town should consider a wall to stop the flooding by Veterans Field. The engineering stated that there is no concerns of flooding on the applicant’s property.
Motion to approve this application was made by Commissioner Hering and seconded by Commissioner Simon
Motion: Commissioner Hering Second: Commissioner Simon
Motion to approve this application was made by Commissioner Hering and seconded by Commissioner Simon
Motion: Commissioner Hering Second: Commissioner Simon
Yes: Mayor Steinman, Commissioners: Hering, Bresenhan, Watkins, Simon, Newbury, Rolong,
and Robinson
Absent: Commissioners DaSilva and Davis
ADJOURN: There being no further business; the meeting adjourned at 9:25 pm