BOROUGH OF NORWOOD

PLANN= ING BOARD – REGULAR MEETING

MAY 1= 8, 2006

The Regular Meeting of the Borough of Norwood Planni= ng Board convened at 8:05PM with Vice-Chairman Demetrios Milliaressis presiding. Following the Pled= ge Allegiance, Mr. Milliaressis announced that this meeting is conducted in accordance with the Open Public Records Act and indicated the exit location= s as required by law.

Mr. Milliaressis, the board and members of the public offered a moment of silence in memory of recently deceased Councilman Peter Altenbach.

The following board members were present: Joseph = Ascolese, Helen Guercio, Vice-Chairman Demetrios Milliaressis, Mr. Lamp, Mayor Kaplan, Councilman Knigin, Joseph L. Ascolese, and Craig Jacobs. Chairman Edward T. Gallagher arriv= ed approximately 9:00PM. Robert Sklow and Hare= sh Savalia were absent from this meeting

The Board Attorney Robert Regan and Board Engine= er Dan Vechesky representing Neglia Engineer Associates were present. Michael Neglia arrived approximately 9:30PM.

SITE PLAN APPLICATION #717=

Block 101, Lot 13 – 551 Livingston Street

Chirimunj (Livingston 535 Inc.)

Joseph L. Ascolese and Joseph Ascolese both recused themselves from this application, as they are owners within 200 feet of subject property. Attorney Rose Tubito representing = the offices of David Watkins, Clos= ter, NJ came forward in respect = to the above-referenced applicant. Mr. Ashwani Kumar Chirimunj, owner of the propo= sed business, was sworn and testified that he currently operates the retail spa= ce located in the Cost Cutter shopping plaza as a stationery and lottery shop. He proposes to change t= he use to a small deli-restaurant with twenty (indoor) seats and takeout. Mr. Chirimunj testified that seati= ng is counter-type with several (6) computer stations and that he plans to offer Mediterranean-Indian type food with salads and some grilling. Applicant testified that all refrigeration units are interior only and that the hood system is mounted on the roof. Ms. Tubito commente= d that the unit is approximately 792 square feet in size.

Additional discussion took place concerning noise levels because of a previous history of problems in the plaza, and applicant agreed to comply with any board requirements. As to parking, Ms. Tubito commente= d that, according to ordinance, the past use required eight spaces and the proposed change requires four spaces. Garbage and trash shall be collected in a dumpster type receptacle at the rear of the building. Hou= rs of operation, 8:00AM to 10:00PM seven days per week.

Since there were no additional questions or comm= ent from the board, it was duly moved and seconded to open the meeting to the public and all voted yes.

Joseph Ascolese, 400 High St., came forward and was = sworn for any testimony he might offer. &nb= sp; He expressed major concern with noise emanating from air conditioning and/or compressor units, cooking odors, extended hours of operation of two other restaurants in the near vicinity, hours of delivery, and outdoor seating. He indicated that the condition of the area has suffered each time a business changes ownership a= nd consequently downgrades the quality of life for the entire neighborhood.

Joseph L. Ascolese, 366 High St., came forward and was sworn for testimony.&= nbsp; In response to Mr. Ascolese, Mr. Chirimunj testified that the air conditioning units remain in the existing location and agreed to internet access only (no video games).

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

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; S= ITE PLAN APPLICATION #717, Continued

Mr. Chirimunj testified that signage remains the same with name change only.

Architect Joseph A. Cecco, Norwood, NJ, came forward, was sworn and qualif= ied as an expert witness. Mr. Cecco = testified to no change in signage or lighting.

Mr. Regan advised board members that the proposed use in permitted under Section 233-30 of the borough’s zoning ordinance. The board requested the following safeguards to enhance and protect the quality of life in the neighborhood:

&= nbsp; No outdoor seating.

&= nbsp; Deliveries and takeout orders from the front door only.

&= nbsp; Dampening of compressor/air conditioning units.

(Including repair of existing units)<= /span>

&= nbsp; No emission of odors.

&= nbsp; House of operation 8:00AM to 10:00PM seven days a week.

&= nbsp; No compressors for refrigeration.

A brief discussion took place regarding baseline noise measurement from the existing air conditioning unit in order to assess any increase in the future and applicant so stipulated.

The board moved, seconded to open the meeting to the public.<= /p>

Joseph L. Ascolese returned and enquired concerning permitted hours of deliveries = to facilities within the commercial zone.

Since no one else came forward, the board moved and seconded to close the meeting= to the public and all voted yes.

Mayor Kaplan offered a motion to a= pprove Application #717 subject to safeguards and condition placed on record as ab= ove. Seconded by Councilman Knigin.

Ms. Guercio, Mr. Lamp, Mayor Kapla= n and Councilman Knigin voted yes. = Mr. Jacobs and Mr. Milliaressis voted no.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; RESOLUTION OF APPROVAL<= /u>

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Mayor Kaplan offered a motion to a= dopt the Resolution of Approval on the above-indicated matter with minor date correction. Seconded by Mr. L= amp and all members voted yes.

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

&n= bsp; = ; &n= bsp; = ; &n= bsp; Regular Meeting 4/20/2006

The board motioned, seconded and v= oted to accept the minutes of the April 20, 2006 meeting.<= /p>

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

The board moved and seconded to ap= prove the following vouchers for payment:

&n= bsp; = ; Robert T. Regan, Esq. = ; $123.29

All voted yes.

&n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         O= RDINANCE – DISCUSSION

&n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         Accessory Buildings & Business Zone Uses

Mayor Kaplan reported that the Governing Body introduced the above-indicated ordinance, and although a public hearing was held on May 17, 2006, the matt= er was held pending comment from the Planning Board. The owner of the CVS shopping plaz= a has contested the proposed limitation concerning massage and tattoo parlors. Following this brief discussion, the board agreed to request an additional thirty days for review; all members voted yes.&nbs= p; Some conversation ensued concerning severing the business zone uses = from the accessory building portion of the proposed ordinance. The board agreed=

PAGE = THREE, MAY 18, 2006

Report – Zoning & Beautification Subcommittee(s)

to spend forty-five minutes on this subject at the next meeting, following individual review of the ordinance.

Joseph Ascolese reported that the Zon= ing Subcommittee continues reviewing residential and commercial parking along w= ith signage.

Mr. Milliaressis reported that the Beautification Subcommittee is joining with the existing Beautification Committee.

CORRE= SPONDENCE

Norwood Plaza, LLC – Livingston Street=

Block= 100, Lot 11

Attorney David Watkins came forward representing= Norwood Plaza and advised that the Bergen = County Planning Board has required that applicant remove one driveway on Livingston Street. In compliance with this requiremen= t, Norwood Plaza parking increases by one spa= ce and the adjoining property, Galaxy Real Estate, increases by three spaces.   Mr. Regan commented that the= Norwood Plaza approving resolution provide= s that any modification might require the applicant return to the board for further consideration. Mr. Watkins ex= plained in response to the board, that neither the applicant nor Mr. Van Dyke sugge= sted that the county consider revision of ingress-egress. Michael Hubschman, PE PP, came for= ward and explained that during the Galaxy approval process several years ago, ap= plicant agreed to cooperate with the county in the future and combine driveways sho= uld Block 100, Lots 10 & 11 be developed.

Mr. Regan explained that although the board might require the applicant to retu= rn for further approval, they cannot supersede Bergen County Planning.

At this time, Mr. Gallagher arrived at the meeting.

A discussion ensued between Mr. Watkins, Mr. Hubschman, Mr. Regan and board members concerning the interaction between Norwood Plaza and Galaxy Real Estate during the most recent approval process.

At this time, Mr. Neglia arrived at the meeting.

Mr. Hubschman indicated a note on the Galaxy plan approved by the county in 1997 stating that: “If and when the owner of lot 10 redevelops the property, the owners of lot 9.02 (Galaxy) shall cooperate to the fullest extent possible = to establish a common driveway/access to Livingston Street”.

Mr. Neglia commented that although the matter should have been brought to the board’s attention at the initial Norwood Plaza hearing, the county consistently tries to reduce the number of curb cuts on county roads. Mr. Regan advis= ed that the board conditioned their approval on the County Planning Board and since Livingston Street is a county road, it is within that jurisdiction. As such, Mr. Regan additionally co= mmented that the applicant has returned as required and that the board has no furth= er jurisdiction with Norwood= Plaza and limited jurisdiction to compel Galaxy to return for Amended Site Plan Approval for = the additional three parking spaces. Mr. Watkins agreed to provide the board with a revised plan showing = driveways, parking, easement, etc.

The board offered and seconded a m= otion authorizing Mr. Regan to prepare a resolution memorializing this evening discussion; and all members voted yes.

CORRESPONDENCE

Cumberland Farms

Mr. Watkins advised that applicant is resolving pending issues with the Board E= ngineer.

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PAGE FOUR, MAY 18, 2006

Correspondence

Westy Storage

A brief discussion took place concerning landscaping at the above-indicated property and Mr. Neglia indicated that this matter is currently pending Environmental Commission approval.

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       Correspondence, Continued

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       = Cumberland Farms (Gulf Station)

The Mayor reported that negotiations continue concerning the brick column façade, however, the orange canopy strip= ing appears on the approved plans and, at this point in time, the Governing Bod= y is willing to accept completion of the brick columns. Additional discussion took place regarding the “colonial” type canopy along with the brick colum= ns as applicant testified and agreed during hearings. Following this discussion, Mr. Gallagher offered a motion, secon= ded by Ms. Guercio, to exercise the Cumberland Farms bond and begin installation of the brick work as per the initial agreement, and including plantings as approved by the Environmental Commission. Joseph = Ascolese, Ms. Guercio, Mr. Lamp, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Knigin, and Mr. Jacobs voted yes. Following additional discussion, Ma= yor Kaplan amended Mr. Gallagher’s motion to authorize Mr. Regan to consult with= the Borough Attorney in order to initiate movement against Cumberland Farms und= er their approvals, and in order to enforce their obligations, including brick columns, colonial-type canopy, striping, and landscaping as approved.&nbs= p; Mr. Gallagher added the = June 15, 2006 meeting as a deadline. Vote taken previously.

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       Correspondence, Continued

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;             116 Broadway

Mr. Neglia reported that a meeting took place on= -site with all parties involved including property owners and Construction Official. The builder has agr= eed to remove stone and install a paving block wall at the front from the existing= stonewall back approximately fifteen to twenty feet, sod the entire swale, and redire= ct water to the rear of the property towards the creek. Mr. Neglia commented that, althoug= h Ms. Bellini disagrees, following a recent storm that dropped three inches of rain, the drainage system design worked well with no washout of dirt, sand or leaves. Mr. Ephrat, the builder advises th= at sod is scheduled for June 06, 2006 delivery and following removal of the stone,= he will have met his approvals from an engineering standpoint and hopefully, resolved all issues. Mr. Negl= ia agreed to provide Mr. Ephrat with correspondence providing a June 15, 2006 deadline for completion.

An additional discussion took place between the Construction Official and the board concerning enforcement of all requireme= nts including building heights during the building process.

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       Correspondence, Continued

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       Craig Huges, Esq. - Janovic Subdiv= ision

Applicant has moved this application to the June meeting.

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  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       ANJEC Grant Review<= /b>

No current or additional information available at this time.

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;       Discussion – Cell Tower

Mr. Gallagher reported that during installation = of the warning lights, measurement taken indicate that bottom antennas project thirty-four inches of the face of the monopole in violation of all stipulat= ions made during both Planning Board and Zoning Board testimony. He also commented that although fi= nal approval is pending, the antennas are up and running. Mr. Regan commented that the matte= r is now a Zoning Board issue and Councilman Knigin agreed to provide correspond= ence to the board requesting that they pursue this matter.

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PAGE = FIVE, MAY 18, 2006

Discu= ssion – Theresa O’Malley

<= st1:address w:st=3D"on">31 Everett Street

Construction Official Paul Renaud reported that = he and Michael Neglia recently inspected the property, reviewed the 54 Demarest St. drawings, and plan on additional communication with Ms. O’Malley.

Discu= ssion – Drainage & Soil Movement

The board, Mr. Neglia and Mr. Renaud briefly discussed drainage problems, soil movement review, complaints and various options available to the municipality in order to address such problems. Mr. Neglia, Mr. Renaud, and Mr. Re= gan agreed to provide draft ordinances for discussion at the next meeting.=

The board moved, seconded and voted to open the meeting to the public.

Carol Bellini, 130 Broadway, adjacent property o= wner 116 Broadway, came forward and spoke in disagreement with Mr. Neglia’s comments concerning improvements that the builder at 116 Broadway provided.= Mr. Neglia reiterated his earlier comments and Mayor Kaplan expressed appreciation to both Mr. Neglia and Mr. Renaud for their efforts.

David Elling, 263 Summit Street, came forward with general comment and question concerning the cell tower.

No other member of the public came forward, and = the board moved, seconded and voted to close the meeting to the public.

As there was no further business, the board move= d, seconded and voted to adjoin at 10:10PM.

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

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