BOROUGH OF NORWOOD

PLANN= ING BOARD – REGULAR MEETING

FEBRU= ARY 16, 2006

The Regular Meeting of the Borough of Norwood Planni= ng Board convened at 8:02PM with Chairman Edward T. Gallagher presiding. Following the Pledge Allegiance, M= r. Gallagher announced that this meeting is conducted pursuant to the Open Pub= lic Records Act and indicated the exit locations as required by law.

The following board members were present: Joseph Ascolese, Helen Guercio, Demetrios Milliaressis, Chairman Gallagher, and Ed= ward Lamp. Mayor Kaplan arrived shortly after the start of the meeting. The Board Attorney Robert T. Regan was present as was Fred Gregni representing Neglia Engineering Associates, the Board Engineers. The following board members we= re absent: Joseph Ascolese, Craig Jacobs, Councilman Michael Knigin, Robert Sk= low and Haresh Savalia.

At this time Mayor Kaplan arrived.

SUBDIVISION APPLICATION #715

Block= 153, Lot 7 – Janovic (R10 Zone

<= st1:address w:st=3D"on">62 Demarest Avenue

Attorney Craig Hughes came forward representing Todd Janovic in connection with this application for a two-lot subdivision consisting of approximately 12,500 square feet, which currently contains a single family dwelling and detached garage. Applicant proposes to divide subject property into two lots approximately 7,500 and 5,000 square feet respectively. The existing dw= elling is situated on the lot in such a way that most of the property is not utili= zed and the proposed dwelling is located on the extreme left side of subject property. One third of existi= ng neighboring lots are of approximately 5,000 square feet in size as proposed= for the second lot. Applicant has no immediate plans to build on the new lot. Lot coverage requirements are met on the existing lot following subdivision; however, the lot size and side line restrictions on the accessory building = are at issue.

At this time, Mr. Hughes advised that taxes are curr= ent, no prior subdivision application has been made and all parties have been noticed as required by statute.

A discussion took place between Mr. Hughes, Mr. Rega= n and the board concerning the extreme divergence from the zoning regulations that this application proposes. The board requested that applicant provide testimony regarding the type of vari= ance (C-1 or C-2) proposed and professional planning testimony because of the substantial reduction of zoning requirements. Following discussion and conferenc= e with Mr. Janovic, the applicant agreed to return to the March or April meeting w= ith a professional planner, provide notice as a courtesy to the public, and wai= ves time limitations.

REPORT &= #8211; ENVIRONMENTAL COMMISSION

Ms. Christine Hageman

Ms. Hageman reported that she has forwarded the ANJEC timetable to board members and that Neglia Engineering is preparing the maps for this project. The Environ= mental Commission held an initial meeting with the consultant in order to provide = him with an overview of their requirements.&nb= sp; Consultant is currently working on the environmental resource invent= ory, which includes baseline mapping of flood plains, wetlands, soil and steep slopes. Ms. Hageman explained= the basic premise of the program, which includes the Central Woods and Fox Hill undeveloped areas of town. &nbs= p; The consultant will provide a report to the Governing Body along with public hearings for comment on land use options for these areas in accordan= ce with the Master Plan. Project should complete within six month and the next Environmental Commission meet= ing is scheduled for March 13, 2006, 8:00PM at the Borough Hall.

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PAGE TWO, FEBRUARY 16, 2006

&nb= sp; = &nb= sp; = &nb= sp; SUBDIVISION APPLICATION #716

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Block 155, Lot 19, 29 & 30 (R10 Zone)

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; 69 Demarest Avenue – Winkler/Hettinger

Mr. Gallagher announced that this matter is postponed pending submission of new plans because there was an error in the original submission.

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; DEVELOPERS AGREEMENT-SIGNATURE=

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Block 100, Lots 10 & 11

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Norwood= Plaza LLC

A discussion followed regarding the Norwood Plaza Livingston Street Beautification Program contribution estimated by Neglia at $80,244 for improvements, including six-foot paver sidewalk, reduced to $68= ,760 since the cost of said improvement is included in the performance bond.

Mr. Milliaressis offered a motion to table this matt= er until the next meeting, pending formation of a review committee and action = list to guarantee completion of beautification items as formulated by the board. Seconded by Ms. Guerci= o. Additional discussion took place concerning enforcement and attention to resolution detail by the Building Dept. during construction of past project= s as approved by the board. Joseph L. Ascolese, Ms. Guercio and Mr. Milliaressis voted yes. Mr. Gallagher, Mayor Kaplan and Mr. Lamp voted no.

Mayor Kaplan offered a motion to authorize Mr. Gallagher’s signature of the Developer’s Agreement in the above= -referenced matter. Seconded by Mr. Lamp.= Joseph L. Ascolese, Mr. Gallagher, Mayor Kaplan and Mr. Lamp voted yes. Ms. Guercio and Mr. Milliaressis v= oted no.

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&n= bsp; = ; &n= bsp; = ; &n= bsp; ZONING SUBCOMMITTEE=

Mr. Gallagher announced that the next Zoning Subcomm= ittee is scheduled for Tuesday, February 28, 2006, 8:00PM at Borough Hall and reported that the committee is currently working on parking issues including commercial and residential zones and signage.

A discussion followed concerning formation of a Beautification Subcommittee to work apart from the existing Governing Body committee with those board members that are a part of the first committee to proceed as members of both bodies. Mayor Kaplan reported that the Beautification Committee awaits appro= val from the county in the restructure of Livingston Street before moving forward. Members of the newly formed commit= tee as follows: Demetrios Milliaressis, Joseph L. Ascolese and Mayor Kaplan with Joseph Ascolese to advise acceptance.

&n= bsp; = ; &n= bsp; = ; &n= bsp; RESOLUTIONS – NONE

&n= bsp; = ; &n= bsp; = ; &n= bsp; APPROVAL OF MINUTES=

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Regular & Reorganization Meeting

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; January 19, 2006

A motion was offered and seconded to accept the minu= tes of the Reorganization Meeting with minor correction and the Regular Meeting of January 19, 2006. All board m= embers voted yes.

&n= bsp; = ; &n= bsp; = ; &n= bsp; APPROVAL OF VOUCHERS

The board motioned, seconded and voted yes to approve payment of the following vouchers as certified by the Finance Office.

&n= bsp; = ; Robert T. Regan, Esq. = ; $950.00

&n= bsp; = ; &n= bsp; = ; &n= bsp; APPOINTMENT – BOARD ATTORNEY=

Mayor Kaplan reported that the Governing Body has requested Statements of Qualifications by all professionals in accordance w= ith the State Fair and Open Approach. Following the Mayor’s comments, Joseph L. Ascolese offered a motion to follow same in hiring professional services for the year 2006. Seconded by Mr. Lamp. Mr. Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan and Mr. Lamp voted yes.

PAGE THR= EE, FEBRUARY 16, 2006

APPOINTM= ENT – BOARD ATTORNEY Continued

Mr. Ascolese offered a motion to appoint Robert T. R= egan as the Board Attorney, seconded by Mr. Lamp. Joseph L. Ascolese, Ms. Guercio, M= r. Milliaressis, Mr. Gallagher, Mayor Kaplan and Mr. Lamp voted yes.

APPOINTM= ENT – BOARD ENGINEER

Mayor Kaplan offered a motion seconded by Ms. Guerci= o to appoint Neglia Engineering Associates as the Board Engineer. Joseph L. Ascolese, Mr. Milliaress= is, Mr. Gallagher, Mayor Kaplan and Mr. Lamp voted yes.

CORRESPO= NDENCE

Neglia Engineering – Landwood Construction

116 Broa= dway

Mr. Gallagher read Mr. Neglia’s letter into th= e record concerning the neighboring property (Bellini, 130 Broadway) commenting on t= he following:

&n= bsp; &n= bsp; A one-foot high stone wall to be constructed along the property

&n= bsp; = ; line to the grass swale adjacent to the top of the wall has not

&n= bsp; = ; been installed.

&n= bsp; = ; The asphalt sidewalk has been mounted to prevent stormwater

&n= bsp; = ; runoff from flowing into the Bellini property.

CORRESPO= NDENCE

Neglia Engineering – Gulf Station

The following site issues, as noted in correspondenc= e to the Construction Office on December 16, 2005 have not been addressed:

&n= bsp; = ; Brick fascia has not been installed on the canopy columns.

&n= bsp; = ; Striping has not been removed from the perimeter of the canopy.

&n= bsp; = ; Landscaping not installed in accordance with the borough approved

&n= bsp; = ; plans.

Mr. Gallagher commented that the correspondence prov= ided by Neglia Engineering Associates is in response to concerns and criticisms = of the board regarding the lack of follow-through and enforcement once such matters leave the board.

CELL TOWER= - MONOPOLE

Block 80= , Lot 8 – 480 Broadway

Mr. Gallagher reported that attempts to gather infor= mation relative to the positioning of the second set of antennas on the pole, not = set in accordance with restrictions placed by the board during its hearing of t= he matter, have not been successful. The first set of antennas was set in compliance with instructions and in line with exhibits. However, the parking lot has not b= een paved and striped as required and the second set of antennas, six instead of five, are mounted on external brackets which was expressly prohibited. Because of the transitional phase = of the Building Dept., answers are not forthcoming and response from Cingular is n= ot acceptable. Following discuss= ion and because the current installation’s approval came from the Zoning Board of Adjustment, Mr. Gallagher agreed to investigate the files in order= to determine if a violation has occurred. Mr. Regan commented that the Planning Board lost jurisdiction when the Zoning Board came into being in January 2005. Mr. Gallagher commented that he has copied the Chairman of the Zoning Board so that he is aware of the ongoing situation.

OPEN TO = THE PUBLIC

Carol Bellini, 130 Broadway, came forward to comment= on the continuing water problem on her property caused by runoff from 116 Broadway. Mr. Regan explained= that most Construction Officials are reluctant to revoke a Temporary Certificate= of Occupancy knowing that the homeowner would appeal to the County and in most cases, win the appeal. Mayor = Kaplan reported the Governing Body has hired Paul Renaud as Construction Official/Building Inspector and Bill McGuire as the = Assistant Building<= /st1:PlaceType>

&n= bsp; = ; &n= bsp; = ; &n= bsp; PAGE FOUR, FEBRUARY 16, 2006<= /o:p>

&n= bsp; = ; &n= bsp; = ; &n= bsp; OPEN TO THE PUBLIC Continued<= /o:p>

Inspector. He noted that Mr. Renaud has focused on enforcement issues in the past and agr= eed to provide him with an overview of this matter for review of possible actio= ns he might be willing to undertake against the builder

Michael Leocata, 35 Everett St., came forward and offered assistan= ce towards the Livingston Str= eet beautification efforts.

A member of the public came forward representing the owners of 85 Demarest Ave.= , and attempted to comment on Subdivision Application #716. Mr. Gallagher advised that she return when the meeting concludes = to review the application folder.

Theresa O’Malley, 31 Everett St., came forward to rep= ort on a drainage issue evolving from new construction behind her property. The Construction Official and deve= loper inspected the property but nothing was done to alleviate the problem. Mayor Kaplan requested that Ms. O’Malley provide correspondence that he mig= ht bring to the attention of Mr. Renaud and Neglia Engineering.

Bill McGuire, 520 Summit St., came forward and noted that the Uniform Construction Code does not allow denial of a TCO based on drainage = or site issues, etc., and that the Building Dept. does not address these matters because they are not licensed to do so.&nb= sp; Mr. Gallagher commented that building height, etc. should be caught during construction and that the Construction Office is the front line for dealing with grade deviation and site plan changes that impact adjoining property owners; the board intends to attach a clarification statement to conditions of approval stating that there will be no changes to grade of the property. Mayor Kaplan commen= ted that an alert from the Building Dept. when a problem arises would stave off these problems.

Ms. O’Malley commented that she did not mean to imply that the former Construction Officer was to blame for her problems and that many factors went into the delay in notifying the borough of her drain= age issues.

Glenn Bourke, 46 Demarest Ave., adjoining property to new construction as referenced by Ms. O’Malley, complained that he is also experiencing runoff from said property.&nb= sp; Additional discussion took place concerning options for correcting t= he problem and the Mayor agreed to include this property in referral to Mr. Renaud. Mr. Bourke also comme= nted on the recreational vehicles, boats and trailers ordinance. Mr. Gallagher commented that the Z= oning Subcommittee plans on investigating and reviewing this ordinance requiremen= t in the very near future and the Mayor agreed to refer the matter to Mr. Renaud.

Carol Bellini returned to comment that her runoff pr= oblems stem from both the Construction Official and Board Engineer’s lack of response to her concerns.

Michael Leocata returned and asked how many times an applicant such as Subdivision Application #716 can cancel or postpone an application and Mr. Gallagher explained the process applicants must follow = by law.

As no = one else came forward, the board moved, seconded and voted to close the meeting to t= he public.

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

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&n= bsp; = ; &n= bsp; = ; &n= bsp; Linda Grove, Board Clerk