BOROUGH OF NORWOOD

PLANN= ING BOARD – REGULAR MEETING

JULY = 20, 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.

The following board members were present: Joseph = Ascolese, Helen Guercio, Joseph L. Ascolese, Vice-Chairman Demetrios Milliaressis, Ma= yor Kaplan, Councilman Knigin, Ed Lamp and Craig Jacobs. The following board members were a= bsent: Chairman Edward T. Gallagher, Mr. Sklow and Mr. Savalia. The Board Attorney Robert Regan was present as was the Board Engineer Joseph Neglia of Neglia Engineering Associates.

SUBDI= VISION APPLICATION #719

Block= 126, Lots 14, 15, 16, 17

11, 1= 1A, 13A & 15 Meadow Lane - LaTour

Attorney David Watkins came forward and requested that the board carry this application in order to grant Hubschman Engineeri= ng time to respond to the Neglia Review Letter dated 7/20/06. Following brief discussion, the bo= ard agreed to hear the matter at the September 21, 2006 meeting without additio= nal notice to the public.

DISCU= SSION

Histo= rical Preservation Ordinance

Mr. Milliaressis explained to the public that se= veral years ago, the Planning Board submitted a recommendation to the Governing B= ody for approval of a voluntary plan of historic dwelling & district requir= ements. The ordinance, as currently submit= ted by the Historical Preservation Commission to the Council, is contrary to the f= eelings of the majority of Planning Board members and their desire to protect the interests of the community. In order to address the concerns of the board, the following Amendment to the Master Plan is to be inserted into same:&n= bsp;

“The 2002 Master Plan of the Borough of Norwood, which was amended

by action of the Planning Board on August 19, 2004 so as to adopt a=

Historical Preservation Plan Element, be and is hereby amended=

so as to delete the Historical Preservation Plan Element of said

Master Plan”.

Mr. Milliaressis reiterated that it is the board’s belief that residents must be allowed a voluntary choice in deciding if their property should be designated as historic.

Mr. Regan advised the board that a Public Hearin= g is required and tonight could be the only time the board has to comment prior = to the September 5, 2006 Public Hearing. Mayor Kaplan commented that the Public Hearing on the ordinance is s= cheduled for September in order to provide the Planning Board with enough time to consider same.

Mr. Lamp explained that the NJ Historic Preserva= tion Office and Preservation New Jersey ruled that an ordinance allowing volunta= ry compliance is not enforceable within the United States; thus providing= the reason that the HPC revised the document to require compliance.<= /span>

Mr. Regan explained to board members that the Governing Body has referred an Historical Preservation Ordinance, following first reading and as required by Land Use Law, for board review and comment within thirty-five days. The Planning Board alone can adopt an Amendment to the Master Plan (indicated above); the proposed amendment deletes the Historical Preservation Element = from the Master Plan.

Mr. Jaco= bs offered a motion, seconded by Joseph Ascolese, recommending that the Governing Body deny Ordinance No. 06:13 (An Ordinance regulating Historic Preservation and Establishing a Historic Preservation Commission…) Joseph Ascolese, Ms. Guercio, Joseph L. Ascole= se, Mr. Milliaressis, Councilman Knigin and Mr. Jacobs voted yes. Mayor Kaplan and Mr. Lamp voted no= .

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Historical Preservation, Continued

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Public Hearing

Joseph Ascolese offered= a motion to schedule a Public Hearing on the proposed Amendment to the Master Plan. Seconded by Mr. Jacobs<= o:p>

Joseph Ascolese, Ms. Gu= ercio, Joseph L. Ascolese, Mr. Milliaressis and Mr. Jacobs voted yes. Mayor Kaplan, Councilman Knigin an= d Mr. Lamp voted no.

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Mr. Milliaressis confirmed the Public Hearing da= te at the September 21, 2006 meeting.

SUBDIVISION APPLICATION #715

Block 153, Lot 7 – 62 Dema= rest Avenue – Janovic

Following discussion concerning the length of time that the attorney representing this application requested postponement, the board motioned, seconded, and voted= to dismiss this application without prejudice.

SUBDIVISION APPLICATION #718

Block 119, Lots 10 & 12 – 680 Broadway – Procida

Mayor Kaplan and Councilman Knigin recused themselves from this application becau= se they are property owners within 200 feet.&= nbsp; Attorney Gregg F. Paster, Hackensack, NJ came forward representing William and Barbara Procida in this matter. Mr. Paster presented public servic= e with the understanding that, should there be any deficiencies, the hearing shall= be renoticed and rescheduled.

Mr. Paster commented that this minor subdivision application seeks to move a property line contiguous to the Procida property. Mr. and Mrs. Procida are the contr= act purchasers of the adjoining property. No variances are required and both parcels conform to the zoning ordinances.

Michael Hubschman, LPE & PP, Berge= nfield, NJ, was sworn and qualified= as an expert witness. Referring to = the plan submitted (Exhibit A-1) to the board, Mr. Hubschman testified applicant proposes to remove an existin= g lot line and create a new line, so the rear of the lot facing Summit becomes th= e rear of the lot facing Broadway. Proposed lot 12.01 (Summit Street) provides 26, 419 square feet; proposed= lot 10.01 provides 35,748 square feet. Both lots are in the R22.50 zone and require a minimum of 22,500 squ= are feet. Applicant proposes to m= ove an existing shed on Lot 12 to meet the rear yard= (accessory structure) setback. No new additions to existing dwellings and/or construction are under consideration= at this time. Mr. Hubschman test= ified that the application simply proposes to extend the Procida southerly rear y= ard approximately 100 feet.

The board moved, seconded and voted to open the meeting to the public. As no = one came forward, the board closed the meeting to the public.=

William Procida came forward and testified, that= he proposes to extend his property because of a pond in his rear yard and also stipulated to moving the existing shed to conform with setbacks.=

Joseph Ascolese offered= a motion to approve Application #718, seconded by Ms. Guercio. Joseph Ascolese, Ms. Guercio, Joseph L. Ascolese, Mr. Milliaress= is, Mr. Jacobs and Mr. Lamp voted yes.

DISCUSSION – PROPOSED ORDINANCE=

A= ccessory Building & Uses permitted in the Business Zone

The board agreed to form a subcommittee to further study the above-indic= ated ordinance set for hearing by Mayor and Council in September. Mayor Kaplan requested that the committee members, Craig Jacobs, Joseph L. Ascolese, Joseph Ascolese and Councilman Knigin, provide comment and revie= w to board members at the August 17, 2006 meeting.

Mr. Milliaressis offered a motion appo= inting Craig Jacobs as chairman of the indicated subcommittee with review and comm= ent of the proposed ordinance available at the August 17, 2006 meeting. Seconded by Joseph Ascolese and all voted yes.

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PAGE = THREE, JULY 20, 2006      = ;

APPROVAL OF MINUTES<= /span>

Regular Meeting, May 18, 2006

The board moved, seconded and vote= d yes to accept the minutes of the May 18, 2006 meeting.

APPROVAL OF VOUCHERS=

The board moved, seconded and vote= d yes to approve the following vouchers for payment.

&n= bsp;           Neg= lia Engineering Associates   &nb= sp;            =        $1,822.50=

&n= bsp;           Rob= ert T. Regan, Esq.     = ;            &n= bsp;               &= nbsp;   $2,857.50

RESOLUTION(S) OF APPROVAL<= /b>

Amended Site Plan Application #= 711

Block 100, Lots 10 & 11 -Norwood Plaza, LLC <= /b>

<= st1:address w:st=3D"on">463 Livingston Street<= o:p>

Mayor Kaplan offered a motion to a= ccept the above-indicated Amended Resolution of Approval as prepared by Mr. Regan= . Seconded by Mr. Joseph L. Ascolese= . All board members voted yes.<= /o:p>

Site Plan Application #717 R= 11; Block 101, Lot 13<= /b>

RKFC Foods, Inc. – 535 Livingston Street

A brief discussion took place concerning noise testing as mentioned within the resolution and the board agreed to amend same to include testing by a quali= fied firm as approved by the Construction Official with payment of any fees by applicant, property and/or business owner. Mayor Kaplan offered a motion to adopt the Resolution of Approval on Site P= lan Application #717 as amended, seconded by Ms. Guercio. Ms. Guercio, Mr. Lamp, Mayor Kapla= n and Councilman Knigin voted yes.

BEAUTIFICATION SUBCOMMITTEE

Mr. Milliaressis reported that he and Councilman Barsa are in discussion concer= ning merging the existing Borough and Planning Board committees.

REPORT – ZONING SUBCOMMIT= TEE

Joseph Ascolese had no report.

MAYOR KAPLAN

On behalf of the board, Mr. Milliaresis thanked Mayor Kaplan for his diligence= to the borough as resident, councilperson and mayor and offered congratulation= s on his appointment as bankruptcy court judge.= In turn, Mayor Kaplan thanked the board and professionals for the ti= me and effort expended on behalf of the Planning Board.

CORRESPONDENCE – NONE

OPEN & CLOSE TO PUBLIC=

Judith Lamp, 120 Summit Street came forward and commented on Historical Preservation meetings and the proc= ess involved in forming the ordinance as noted earlier in the meeting.

Carol Bellini thanked the board and Mr. Renaud for assistance in resolving the ongoing drainage problems on her property.

Since no other member of the public came forward, the board moved, seconded and v= oted yes to close the meeting to the public.

As there was no further business, the meeting adjourned at 8:55PM.<= /span>

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            =             <= span style=3D'mso-tab-count:1'>        &= nbsp;           &= nbsp;           &nbs= p;   Linda Grove, Board Clerk

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