MINUTES
ROSELAND PLANNING BOARD
REGULAR MEETING
NOVEMBER 17, 2014
CALLED TO ORDER:
Chairman LaSalle called the meeting to order at 7:00 p.m. with a salute to the flag. Those present on roll call were:
Louis LaSalle, Chairman
Charles Minervino, Vice Chairman
Councilman David Jacobs
Michael Oliveira
Joe LaMonica
Nancy Sayer, Alt. #1
Manny Oliveira
Steve Salvanto
Vincent Loughlin, PB Attorney
Anthony Marucci, PB Engineer
Robert Michaels, PB Planner
Harvey Yesowitz, PB Traffic Engineer
Those absent were:
Richard Reynolds
Jack A. Gordon
Martin Marasco
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 October 20, 2014.
A motion was made by Mr. Minervino and seconded by Councilman Jacobs to approve the minutes as presented. Roll Call: LaSalle, Yes, Minervino, Yes, Jacobs, Yes, LaMonica, Yes, and Sayer, Yes. The motion was approved 5-0.
APPLICATIONS TO BE HEARD:
#14-03 – 168 Roseland, LLC, Block 44, Lot 17. Continuation of Request for Preliminary and Final Site Plan Approval for a 7-Eleven convenience store with associated variances located at 168 Roseland Avenue in the B-1 Zone.
Minutes
Regular Meeting
November 17, 2014
Page Two
James Turteltaub, attorney for the applicant, introduced James Henry, the applicant’s engineer, from Dynamic Engineering.
Mr. Henry entered into evidence exhibits: A-15 – cd of tractor trailer turns and circulation; A-16 – vehicle circulation for tractor trailer; and A-17 – close up of A-16. Mr. Henry stated that the exhibit shows that the tractor trailer will stay out of the County R.O.W. along Eagle Rock Avenue. He stated that because of the Board’s concerns, the Coke and Pepsi vendors have agreed to use 30-foot long, side loading box trucks. This could be a condition of the resolution. In answering the Board’s comments, Mr. Henry stated that when exiting the site, the tractor trailer would block the entrance to the site off of Roseland Avenue. If the loading area is blocked, then the tractor trailer would have to circulate past the site and re-enter. There would be (1) tractor trailer delivery per week, (14) additional deliveries, not including daily newspaper deliveries, and garbage trucks (3) times per week.
Charles Rosen, attorney representing a notified property owner, stated that Mr. Yesowitz’s report had suggested that there should be no left turn in or out of the site on Eagle Rock Avenue. Mr. Yesowitz stated that was his recommendation; however, it prevents the site from being operational. Left turns out of the site onto Eagle Rock Avenue should not be permitted.
The following residents were concerned with traffic safety and tractor trailer circulation: Thomas O’Beirne, Michelle Tolli, and Priscilla Johnson.
A break was taken from 8:00 p.m. to 8:37 p.m. Roll Call: LaSalle, Yes, Minervino, Yes, Jacobs, Yes, Michael Oliveira, Yes, LaMonica, Yes, Sayer, Yes, Manny Oliveira and Salvanto, Yes.
James Kyle, the applicant’s professional planner, entered into evidence exhibits: A-18 – photographs of the site taken in October 2014; A-19 – aerial view of the surrounding area. Mr. Kyle went through the exhibits, the waivers and variances being requested, and the reasons for granting those variances. The applicant would visually enhance the site, decrease impervious coverage, increase landscaping, and reduce the number of variances requested from the prior submittal. The applicant faces a hardship due to the shape of the property and the fact that it has (2) front yards and the benefits mentioned above outweigh any detriments.
Charles Rosen asked how it was determined that the proposed use is permitted because there was no testimony on the products sold. Mr. Kyle stated that 7-Eleven is considered retail sales and is a permitted use in the zone.
The following residents were concerned with safety issues on site: Michelle Tolli, Thomas O’Beirne, Priscilla Johnson, Hugh Sweeny, and John Rutan.
Charles Rosen stated that he would be presenting an objector’s case.
A break was taken from 9:55 p.m. to 10:00 p.m. Roll Call: LaSalle, Yes, Minervino, Yes, Jacobs, Yes, Michael Oliveira, Yes, LaMonica, Yes, Sayer, Yes, Manny Oliveira, and Salvanto, Yes.
Minutes
Regular Meeting
November 17, 2014
Page Two
Mr. Rosen called Thomas O’Beirne as his witness. Mr. O’Beirne gave a history of his property located at 172 Eagle Rock Avenue. He stated that the applicant is removing the guard rail and (4) parking spaces that have been used by O’Beirne’s tenants. He entered into evidence exhibit A-1 – survey of 172 Eagle Rock Avenue dated 8/31/1992.
Mr. Loughlin stated that the Board does not have jurisdiction over property line disputes, and is not an appropriate consideration for the Board.
Chairman LaSalle announced that the application, with the consent for the applicant’s attorney, will be carried to the December 15, 2014 meeting.
GENERAL BUSINESS:
a. Vouchers – November Bill List
A motion was made by Councilman Jacobs and seconded by Mr. Oliveira to approve the bill list as presented. Roll Call: LaSalle, Yes, Minervino, Yes, Jacobs, Yes, LaMonica, Yes, Michael Oliveira, Yes, Sayer, Yes, Manny Oliveira, Yes, and Salvanto, Yes. The motion was approved 8-0.
ADJOURNMENT:
The meeting was adjourned at 10:40 p.m.
Respectfully Submitted, Gail Tynan, Planning Board Secretary