BOROUGH OF NORWOOD

PLANNING BO= ARD REORGANIZATION MEETING

JANUARY 20,= 2005

The Reorganization Meeting of the Norwood Planning B= oard convened at 8:00PM with Chairman Gallagher presiding. Following the Pledge of Allegiance= , Mr. Gallagher indicated the exit locations as required by law.

The following board members were present: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow. Joseph L. Ascolese and new member = Mr. Savalia were absent from this meeting.

Robert Regan, the Board Attorney was present as was Dan Vechesky and Michael Neglia from the Board Engineer’s office.

Mr. Gallagher announced that Mr. Lamp has been appointed as Class IV member to = fill the unexpired term of Thomas Byrne. Mr. Byrne resigned in December 2004.

NEW APPOINTMENT & REAPPOINTMENTS – SWEARING IN=

Mr. Regan swore in the following board members appointed by Mayor Kaplan at the Governing Body Reorganization Meeting:

·<= span style=3D'font:7.0pt "Times New Roman"'> = Helen Guercio – Class II (Term expires 12/31/05)

· Edward Lamp – Class IV (Unexpired Term Expires 12/31/05)

· Robert Sklow - Alternate #I (Unexpired Term Expir= es 12/31/05)

ELECTION OF OFFICERS

BOARD CHAIRMAN

A motion was offered by Mayor Kaplan and seconded by= Ms. Guercio electing Edward Gallagher as Chairman of the Board. There were no other nominations. Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow vot= ed yes.

VICE-CHAIRMAN

A motion was offered b= y Mayor Kaplan and seconded by Ms. Guercio to elect Mr. Milliaressis as Vice-Chairm= an of the Board. There were no o= ther nominations. Joseph Ascolese,= Ms. Guercio, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow voted yes.

SECRETARY

Mayor Kaplan nominated= Craig Jacobs as Secretary of the Board. Seconded by Mr. Milliaressis. There were no other nominations. Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, = and Mr. Sklow voted yes.

APPOINTMENTS TO BOARD

BOARD ATTORNEY

Mayor Kaplan offered a= motion to appoint Robert Regan, Esq., under existing terms & conditions, as the Board Attorney. Seconded by M= r. Milliaressis.

Joseph Ascolese, Ms. G= uercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. La= mp, Mr. Jacobs, and Mr. Sklow voted yes.

BOARD CLERK=

A motion was offered b= y Mayor Kaplan and seconded by Councilman Altenbach to appoint Linda Grove as Board Clerk. There were no other nominations. Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow vot= ed yes.

PAGE TWO, REORGANIZATION MEETING

JANUARY 20, 2005, Continued

CALENDAR OF MEETINGS

A motion was offered a= nd seconded to affirm the board meetings on the third Thursday of each month at 8:00PM for the year 2005 with Special Meetings as required. &n= bsp; January 20, 2005 = ; &n= bsp; May 19, 2005 = ; September 15, 2005

February 17, 2005 = ; <= /span>June 16, 2005 = ; October 20, 2005

March 17, 2005 = ; &n= bsp; July 21, 2005 = ; November 17, 2005

April 21, 2005 = ; &n= bsp; August 18, 2005 = ; December 15, 2005

Work Sessions as requi= red.

All members voted yes.=

= &nb= sp; = &nb= sp; OLD BUSINESS – NONE

OPEN TO PUBLIC – CLOSE TO PUBLIC

It was duly moved and = seconded to open the meeting to the public. <= /span>All voted yes. As no member of the public came forward, it was moved and seconded to close the meeting to the public and all voted yes.

As there was no further business to come before the board, this portion of the meeting adjourned at 8:08PM.

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= &nb= sp; = &nb= sp; Linda Grove, Board Clerk

REGULAR MEE= TING

NORWOOD PLANNING BOARD

JANUARY 20,= 2005

The Regular Meeting of the Norwood Planning Board co= nvened at the conclusion of the Reorganization Meeting at 8:08PM with Chairman Gal= lagher presiding.

The following board members were present:

Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Chairman Gallagher, Mayor Kaplan, = Councilman Altenbach, Mr. Lamp, Mr. Jaco= bs, and Mr. Sklow.

The following board members were absent: Joseph L. Ascolese and Mr. Savalia.

The Board Attorney Robert T. Regan and Dan Vechesky, representing Neglia Engineering Associates, were also present at this meeting. Michael Neglia arrived later in the evening.

SITE PLAN/USE VARIANCE APPLICATION #687

Block 183, Lot 1.01 – McClellan St. (Heard 11/29/8/19, 6/17, & 5/2= 0/04)

Forest View @ Norwood<= /st1:City>

Mr. Gallagher announced that this application has been postponed until further notice.

VARIANCE APPLICATION #710 (Continued from 12/16/04)

130 Fifth Avenue – Block 22, Lot 1

Michelle Caridi

Attorney Carmine Alampi has provided the board with certified transcripts of the December 16, 2004 and September 18, 2003 meetings. Mr. Regan advised that he has revi= ewed the transcript of the September 18, 2003 meeting and nothing in the record indicates any restriction of the height of the addition nor does the Resolu= tion of Approval provide any restrictions; it is his opinion that the applicant = is entitled to build consistent with the height regulations of the zoning requirements. He spoke to the= issue of estoppel and summarized as such = “…it should be noted where the Building Inspector and the applicant acted in good faith and the inspector’s decision that the ordinance, or in this case the board action, allowed issuance of a permit…where the position of = the Building Inspector was reasonable and the permitee afterward relied on the permit in good faith, the permit may not thereafter be revoked…”= ; The applicant followed procedure, = came to the board, and received an approval without restriction as to building height. It was incumbent upon= the board to set forward restrictions into both the record and resolution. A permit was issued following appr= oval and construction commenced until near completion before the neighboring property owner raised a complaint. The Construction Official acted appropriately, issued a Stop Work Or= der and sent the applicant before the board for interpretation of the earlier approval and to determine if additional relief was required. A review of the record does not in= dicate any basis for additional relief because the approval was without restrictio= n to the height of the structure. Without any restriction, it is reasonable to assume that the applica= nt is going to build consistent to the zoning requirement. He concluded that the estoppel arg= ument is strong and that both parties, the Building Inspector and applicant, acted reasonably. Conditions or restrictions should have been set forth at the time that the board acted or= in the ensuing resolution.

Following discussion and additional clarification from Mr. Regan to the board, Mr. Al= ampi came forward and spoke in agreement with Mr. Regan’s statement of law except to note that the Construction Official did not issue a Stop Work Ord= er, but that the homeowner voluntarily agreed to cease work on that portion of = the addition until this matter resolved. Mr. Alampi indicated that, up to this point, the appeal has cost the property owner $10,000; however, he agreed that the board has the right to question the matter given the complaint of the neighboring property owner.<= span style=3D'mso-spacerun:yes'> Upon discussion, the board further agreed to provide the Zoning Board of Adjustment with copies of the transcr= ipts in order so they are aware of the type of problem that might arise in the future.

RESOLVED: Mayor Kaplan of= fered a motion, seconded by Mr. Milliaressis, to adopt the advice of Mr. Regan as= set forth.

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PAGE TWO, JANUARY 20, = 2005

= ; &n= bsp; = ; &n= bsp; = ; VARIANCE APPLICATION #710 Continued

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Counc= ilman Altenbach, Mr. Lamp, and Mr. Jacobs voted yes.

Both Mayor Kaplan and Mr. Jacobs have read the September 18, 2003 and December 1= 6, 2004 transcripts and so certified.

Some brief discussion took place regarding the lengthy period of time that passe= d before the neighbor complained about the height of the structure. Mr. Regan commented that the neigh= bor should have filed an appeal with the Construction Office within twenty days= of the date that the permit was issued or that the height of the structure bec= ame apparent.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; APPROVAL OF MINUTES=

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Regular Meeting December 16, 2004

It was duly moved and seconded to accept the minutes of the December 16, 2004 meeting. All board members vo= ted yes.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; APPROVAL OF VOUCHERS

It was duly moved and seconded to accept the following vouchers for payment:

&= nbsp; &nbs= p; Neglia Engineering Associates &nb= sp; $3,3= 762.50

&= nbsp; &nbs= p; Robert Regan, Esq. &n= bsp; = ; &n= bsp; $ 338.44

All members voted yes.

Regarding approval and payment of vouchers, Mayor Kaplan noted vouchers are reviewed prior to the board meeting, approved for payment by the board, and sent on = to the Governing Body for additional approval and payment.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; RESOLUTIONS – NONE

= ; &n= bsp; = ; &n= bsp; = ; CORRESPONDENCE

= ; &n= bsp; = ; &n= bsp; = ; Green Acres Program

RESOLVED: Following discussion, Councilman Altenbach offered a motion authorizing the Board Cle= rk to draft a letter recommending that &= nbsp; the Governing Body proceed with efforts to purchase a parcel of land owned by the Board of Education (Block 42, Lots 1 & 2, and Block 41, Lot 4). The borough is desirous of purchasing this land to guarantee preservation as open space. Seconded by Joseph Ascolese.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow voted yes.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; FOREST VIEW @ = NORWOOD

RESOLVED: A motion was made and second= ed to grant an adjournment as requested by the applicant in correspondence dated January 20, 2005. If the appl= icant is not prepared to proceed at the February meeting, following notice to the public, the application shall be dismissed.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mr. Lamp, and Mr. Jacobs voted yes. Mayor Kaplan, Councilman Altenbach= , and Mr. Sklow were not eligible to vote.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; ZONING CHANGES ̵= 1; SUBCOMMITTEE REPORT

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; RECOMMENDATIONS=

The committee, Ed Gallagher, Demetrios Milliaressis, Joseph Ascolese, and Ed la= mp met on January 18, 2005 in order to discuss and recommend five zoning change for board consideration.

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It was duly moved and seconded to open the meeting to the public for general comment and questions. All me= mbers voted yes.

PAGE THREE, JANUARY 20, 2005

Open to the Public, Continued

James Elling, 263 Summit St., came forward and asked, that as a member of the Environmental Commission, if there is problem on private property does he have the

authority to inspect that property. Fol= lowing discussion, the board agreed, and Mr. Regan advised that such authority or right is not granted to members of a commission.

As no one else came forward, it was duly moved and seconded to close the meeti= ng to the public. All members vo= ted yes.

ZONING CHANGES, Continued

Following discussion on recommendations of the committee as attached to these minutes, the board offered the followi= ng motions:

RESOLVED: (#1 – Garages) A motion was made and seconded to recommend, in the R40 Zone only, a maximum of two double garage= doors or one double and two single doors with tandem parking permitted.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Mr. Lamp, Mr. Jacobs, and Mr. Sk= low voted yes. Councilman Altenba= ch voted no.

RESOLVED: (#2 – Parks & Public Spaces, Bulk Requirements)= A motion was offered and seconded to recommend requiring that privately owne= d lots in the Parks and Public Spaces Zone comply with bulk/zoning requirements for the zone that equals the lot size. In addition, all privately owned lots in this zone will be deemed residential and required to meet the requirements for individual lots size, e.g., 10,000 sq.ft. must meet the R10 requirements, etc.<= /p>

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Gallagher, Mr. Milliaressis, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow voted yes.

RESOLVED: (#3 – Laboratory Zone & Senior Housing)<= /u> A motion was offered and seconded to authoriz= e the borough’s Master Planner to evaluate the sub-committee recommendation, with the exception of parking as this is superseded by the State Residential Site Improvement Standards, for amendment to the Master Plan at the February meeting.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow voted yes.

RESOLVED: (#4 – Vacate Paper Streets) = A motion was offered to recommend that the borough vacate all paper streets from the zoning map and reclassify adjacent borough owned property as conservation or parkland and provide notice to the public.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow voted yes.=

RESOLVED: (#5 – Central Woods) A motion was offered and seconded to recommend dedication of lots within the Central Woods area as parkland or conservation.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, Mr. Jacobs, and Mr. Sklow voted yes.

AMENDMENT TO MASTER PLAN

RESOLVED: Councilman Altenbach offered a motion authorizing Mr. Neglia to prepare a document, including Items #1, 2, and 3, amending the Master Plan for Public Hearing a= t the February meeting. Seconded by= Joseph Ascolese.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbach, Mr. Lamp, = Mr. Jacobs, and Mr. Sklow voted yes.

ZONING MAP

Mr. Neglia commented that his office in the process of near completion of an updated and color-coded zoning map.

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; OPEN TO PUBLIC – CLOSE TO PUBLI= C

James Elling, 263 Summit St., came forward and put forth his opinion on an alternate garage door recommen= dation (Item #1) for the board’s consideration.

Brief discussion took place concerning a portion of Blanch Ave. and the board commented= that Blanch is a county road.

Mr. Elling also questioned the board regarding COAH Certification and Mayor Kap= lan and Mr. Neglia advised that the borough has met all second-round certificat= ion obligations as required by the state.

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As there was no further business to come before the board, it was duly moved a= nd seconded to adjourn at 9:45PM.

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Linda Grove, Clerk to Board

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