REGULAR MEETING

NORWOOD PLANNING BOARD=

NOVEMBER 28, 2005<= o:p>

(Rescheduled from November17, 2005)

The Regular Meeting of the Norwood Planning Board convened at 8:03PM with Chairman Edward Gallagher presiding. Following the Pled= ge of Allegiance, Mr. Gallagher pointed out the exit locations and announced that= the meeting is held in accordance with the Open Public Records Act.

The following board membe= rs were present: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, May= or Kaplan, Councilman Altenbach, Joseph L. Ascolese, Mr. Jacobs, Mr. Lamp, and= Mr. Sklow. Mr. Savalia was absent= . The Board Attorney Robert Regan was present along with Dan Vechesky representing the Board Engineer’s office. Frederick E. Hood, Associate Planner from the firm of Kauker, Gregory & Kauker was also in attendance in order to present Round Three COAH Regulations to the board and the public.

HISTORIC PRESERVATION ORDINANCE

Following a brief discuss= ion, Mr. Milliaressis offered a motion to postpone discussion of the above-referenced ordinance to the December 15, 2005 meeting to allow board members time to review the document. Seconded= by Councilman Altenbach.

Roll Call Vote: Joseph As= colese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Councilman Altenbach, Joseph = L. Ascolese, Mr. Jacobs, and Mr. Sklow voted yes. Mr. Lamp voted no.

Mayor Kaplan arrived at 8= :10PM.

MINOR SUBDIVISION APPLICATION #714

Block 156 & Portion of Lot 16 – R10 Zone

20 Fourth Stree= t – Croce/Brundage

Attorney John Manfredonia= , Cresskill, NJ came forward representing the Croce’s in this application for minor subdivision of the above-indicated property, previously heard informally at= the October meeting. Plans have b= een revised in accordance with the board recommendations during that meeting. The revised subdivision plan, prep= ared by Vicari Land Surveying, PC, and dated November 9, 2005 was marked as Exhi= bit A-1. Mr. Manfredonia explaine= d that the Croce’s propose to transfer by minor subdivision a portion of the= ir property (Lot 16) to Mr. & Mrs. Brundage, owners of Lot 13. Both properties currently conform to the minimum 10,000 sq.ft requirement. Proposed changes= are as follows: Lot 16 at 47,878.62 sq.ft decreases to 45,534.72 sq.ft. and Lot 13 increases to 13,669.50 sq.ft. from 11,325.60 sq.ft. The non-conf= orming minimum front yard on Lot 16 remains unc= hanged at 16.44 feet. All other requirements comply with the Zoning Ordinance. In summary, Mr. Manfredonia stated= that the application is of benefit to the neighborhood since no variances are re= quired and there is no future plan for additional development or construction on t= he property. The lot line moveme= nt is strictly a good will gesture by one neighbor to another. A letter signed by= Mr. Brundage, which amends the application by the addition of his name, was mar= ked as Exhibit A-2.

Michael Brundage, 64 Burlington Street, owner of Lot 13, came forward and was sworn for him testimony. Mr. Brundage testi= fied that because his fence is on Mr. Croce’s property, he offered to purc= hase a small piece of land rather than move the fence. The addition of the property will = make his lot more regular in shape. No additional development is contemplated and, in fact, there is a swimming po= ol in his backyard. Although Mr. Brundage erected the fence following purchase of the property, it was place= d in the exact location as constructed by the previous owner.<= /p>

As there was no further question or comment from the board, it was moved and seconded to open the meeting to the public and all members voted yes. Since no o= ne came forward, it was moved and seconded to close the meeting to the public = and all voted yes.

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PAGE TW= O, NOVEMBER 28, 2005

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Application #714 Continued

RESOLVED: Mayor Kaplan offered a motion to a= pprove Application #714. Seconded by= Ms. Guercio.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Joseph L. Ascolese, Mr. Jacobs, and Mr. Lamp voted yes. Councilman Altenbach rec= used himself from voting because he is a neighbor within 200 feet of the proposed subdivision.

SUBDIVI= SION APPLICATION #705

Block 1= 20, Lots 20 & 21 – Summit= Street

Eastern= Allied Construction Co. – R10 Zone

Attorney David Watkins, Closter, NJ came forward representing Eastern Allied Construction Co. in this matter, w= hich proposes to subdivide the above-referenced property into two lots. Mr. Watkins has provided service t= o the public as required.

Mr. Watkins briefly commented that the original subdivision was five lots with a cul-de-sac and various improvements. Certain zoning ordinances were ado= pted by the borough and litigation followed.&nb= sp; Applicant has amended the original plan, contrary to attorney’s advice, to incorporate Lot 21 into the subdivision and is in lieu of the previous appeal, which proposed five lots= and a cul-de-sac. Applicant proposes to divide Lot 21 into two lots, which now conform to the 500&= #8217; surrounding-area requirement. A frontage variance is required as relates to the current ordinance and a frontage variance relating to lots within 500 feet. All other requirements comply with= the zoning ordinance. One single-= family structure is proposed on Lot 21.01 and the existing dwelling on Lot 21.02 remains in place with the addition of a detached two-car garage at the rear of the property, which requires no vari= ances.

Mayor Kaplan commented that this applicant filed suit against the borough and the current proposal is a result of an effort at settlement between applicant and litigating neighbors who view this plan as= the lesser evil of a cul-de-sac, four homes, new roadway, etc. Mr. Watkins commented that he appreciates and credits the Mayor’s attempt at resolution between all parties in this conflict.

Michael Hubschmen, PE P.P., Bergenfield, NJ<= /st1:place>, previously sworn, came forward and offered the following testimony. (A colored rendering of the Octobe= r 4, 2005 plan submitted by applicant and prepared by Mr. Hubschman was marked as Exhibit A-7.)

Mr. Hubschman testified that Lo= t 20 on the north is not incorporated into the proposal. He described Lot 21 as approximately 40,000 sq.ft; applicant pro= poses to retain the existing dwelling and construct a driveway and two-car garage= in the rear. The two new propert= ies are 21,469.93 sq.ft. (Lot 21.02) and 21,525.93 sq.ft. (Lot 21.01);= both comply with the 10,000 sq.ft. requirement and the new 500’ requiremen= t of 21,066 sq.ft. Proposal compli= es with all other zoning requirements except:

Exist= ing 12.46’ side yard (15’ required) on Lot 21.02.

Lot frontage (100’ required) 67.515’ provided on both lots.

Avera= ge Lot Width within 500’ (130.80’ required) 67.515. provided both lots= .

As a Professional Planner, Mr. Hubschman further testified, that the variances have no impact on the zoning intent since the proposal is in keeping with the new 15’ side yard requirement, meets = lot area regulations, and the proposed dwelling is set back in order to protect= a large maple tree in the front yard. The proposal is similar in nature to the existing homes in the neigh= borhood, and in comparison to the original 5-lot subdivision with cul-de-sac, provid= es a more positive impact on the area.

Referring to drainage, Mr. Hubschman testified that si= nce this a minor development with one house, there is no impact on drainage. Applicant proposes seepage pits and shall provide drainage calculation to the Board Engineer following house de= sign and prior to construction. Referring to the Neglia Review Letter dated November 28, 2005, Mr. Hubschman testified that applicant shall comply with all recommendations. He agreed to

PAGE THREE, NOVEMBER 28, 2005

Application #705 Continued

provide calculations substantiating the average lot ar= ea and width within 500 feet as requested in the above-referenced letter.

Following discussion, applicant agreed that the propos= ed garage on Lot 21.01 shall not be expande= d for use as living quarters as a condition of approval.

Applicant additionally agreed that the dwelling fa&cce= dil;ade shall be brick and clapboard and to move the structure back twenty feet, or= as advised by the Board Engineer, in order to protect the large maple tree in = the front yard. The applicant also agreed to work with the Board Engineer and Shade Tree Committee in order to preserve the perimeter trees along the Lot 20 property line.

Mr. Hubschman testified, relating to grading, that the driveway is designed at grade; there is no proposed change to the topography and the lot is flat and pitches towards the front.

It was moved and seconded to open the meeting to the public and all voted yes.

David Elling, 263 Summit Street, came forward and was sworn in f= or testimony. Mr. Elling present= ed a photograph board of the subject property, which was marked as Objector Elling-1. He expressed concer= n with tree preservation and approval of the smaller development.

Fred Marshall, and Dr. Lorraine Marshall, 25 Norwood Place, were sworn for testimony. The= y both expressed concern with additional traffic on Norwood Place and Summit Street presenting a danger to children walking to school. M= ayor Kaplan suggested that the Governing Body might address the impact of changi= ng Norwood Place into a one-way street. Both reside= nts commented they are in favor of the smaller development as proposed.

Judith Lamp, Summit Street, came forward and offered comment on the new zoning ordinances.

Joseph London, 723 Blanch Avenue, was sworn and offered testimony= and recommendations towards preservation of the existing trees in order to do t= he least amount of damage.

James Elling, Summit Street, came forward, was sworn, and spoke concerning the preservation of existing trees. Mr. Watkins reiterated to working = with the Borough Engineer and Shade Tree Committee.

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

Board members offered comment on the benefits and detr= iments of this application.

RESOLVED: Mayor Kaplan offered a motion to approve Subdivision Application #705 with stipulations as set forth, in particular concerning trees and facades. = Seconded by Ms. Guercio.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mayor Kaplan, Councilman Altenbach, Joseph L. Ascolese, and Mr. Jacobs voted yes. Mr. Gallagher and Mr. La= mp voted no.

PUBLIC HEARING

Council on Affordable Housing

Round Three Housing Element & Fair Sha= re Plan

Frederick E. Hood, Associ= ate Planner from the firm of Kauker, Gregory & Kauker came forward. Mr. Hood explained that COAH has calculated Norwood<= /st1:place>’s fair-share obligations at 119 affordable housing units in order to fulfill = the New Jersey Mt. Laurel decisions = reached in 1983. With the= new Round Three rules, COAH has based the obligation on growth; generally speak= ing, of every eight market-rate homes built, one

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dwelling must be consider= ed for low and moderate incomes. Inc= ome parameters range from $18,000 to $50,000, depending on county of residence, in order to qualify for this type of housing.

Mr. Hood reviewed the written report presented to th= e board, including demographics and COAH recalculations. With the new calculations, the borough’s obligation has reduced from 119 at Round Two to 93 at Round Three. With the various table= s and calculations provided by COAH, the borough has a cushion of 45 units. Calculations are based on the 2000= census with additional building information provided by the Tax Assessor, Planning Board, and Construction Offices.

As there was no further q= uestion or comment from the board, it was moved, seconded and voted to open the mee= ting to the public.

Christine Hageman, Cross-Acceptance Representative, came forward and asked for clarification concerning the correlation between the Master Plan, Cross-Acceptance, and Fair Share Obligation.

As no one else came forwa= rd, the board moved, seconded, and voted to close the meeting to the public.

RESOLVED: Mayor Kaplan offered a motion to recommend that the Governing Body adopt the Round Three Housing Element & Fair Share Eleme= nt as provided by Kauker, Gregory & Kauker. Seconded by Councilman Altenbach.<= /p>
ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Councilman Altenbac= h, Joseph L. Ascolese, Mr. Jacobs, and Mr. Lamp voted yes.

APPROVAL OF MINUTES

Regular Meeting October 20, 2005

A motion was offered a= nd seconded to accept the minutes of the Regular Meeting of October 20, 2005 as corrected. Joseph Ascolese, M= s. Guercio, Mr. Milliaressis, Mr. Gallagher, Mayor Kaplan, Joseph L. Ascolese,= Mr. Jacobs, Mr. Lamp, and Mr. Sklow voted yes.= Councilman Altenbach abstained; he was not in attendance at that mee= ting.

APPROVAL OF VOUCHERS=

A motion was offered a= nd seconded to approve payment of the following vouchers:

            =             &nb= sp;           Robe= rt T. Regan      = ;            &n= bsp;    $754.40

All voted yes.

REPORTS – ZONING &a= mp; ENVIRONMENTAL

Mr. Gallagher announce= d that the Zoning Subcommittee did not meet during the month of November.

Christine Hageman, Environmental Commission, came forward and reported that although the environmental map is complete, she is unable to locate same. Following discussion concerning va= cated parcels in Central Woods and Fox Hill, and in order to support designation = as conservation land, board members agreed on a joint presentation and recommendation to the Governing Body at the December 14^th Work Session.

CORRESPONDENCE=

116 Broadway – Neglia Engineeri= ng

The board discussed the extreme change in grading and elevations at the recently constructed dwelli= ng at the above-referenced property.    Mr. Vechesky reported = that a revised grading plan dated November 01, 2005 (as requested by the board) is currently under review for validation by his office, including the building height. Owner has requested a Certificate of Occupancy and a meeting is tentatively scheduled for Saturda= y, December 03, 2005 with the developer and adjoining neighbor. Mr. Regan commented that he has re= viewed the Resolution of Approval and it is his opinion that two of the conditions= , “adequate landscaping to mitigat= e the removal of trees” and = 220;percolation

PAGE FIVE, NOVEMBER 28

Correspondence continued

test” requi= res a determination by the Construction Official and Board Engineer if these have been met and/or a legal basis exists to withhold a Certificate of Occupancy pending satisfaction of these requirements. It was suggested that the Board En= gineer provide correspondence to the Construction Official outlining areas of conc= ern.

Corresp= ondence

Commerc= e Bank – Neglia Engineering

The board discussed correspondence between the borough and Commerce Bank concerning conflict surrounding the Beautification Program donation and the legal basis for iss= uing a Stop Work Order since the applicant has not removed their objection in writing to the donation, even though the funds have been collected. Mayor Kaplan commented that the issue is, if this is a donation to the downtown beautification program. Appli= cant posted $116,000 some time ago.

Following this discuss= ion, Mr. Milliaressis offered a motion to recommend that the Borough Engineer, Borou= gh Attorney and/or Construction Official issue a Stop Work Order. Seconded by = Ms. Guercio. Joseph Ascolese, Ms.Guercio, Ms. Milliaressis, Mr. Gallagher, Mayor Kaplan, Joseph L. Ascole= se, Mr. Jacobs, and Mr. Lamp voted yes. Councilman Altenbach voted no.

In response to the boa= rd, Mr. Regan commented that Commerce Bank might argue that this type of contributi= on is not established by ordinance. If an arrangement is stipulated in the Resolution of Approval and Developers Agreement, the applicant must abide by same; however, a problem might arise= is the matter is not mandated by ordinance.

DISCUSSION – = CUMBERLAND FARMS

Mayor Kaplan commented= that he, Councilman Altenbach and Councilman Barsa have met with Cumberland Farms regarding the striping on the canopy (shown on the renderings, but not in color), and brick facing on the columns, (part of the original application) that has not been installed. Mayor Kaplan commented that Cumber= land Farms has requested approval from the Governing Body for DEP remediation monitoring wells, and council has withheld approval pending compliance and further discussion with applicant’s attorney. Mr. Vechesky commented that the bo= rough holds a substantial bond for site improvements. The board also discussed the wiring attached to a utility pole and tin flag in the garden area. Mayor Kaplan commented that the st= ation operator has agreed to spruce up landscaping in the spring and, in the meantime, shall bring these additional concerns to the operator’s attention.

OPEN & CLOSE TO PUBLIC

Carol Bellini, 130 Bro= adway, adjoining property to 116 Broadway, came forward and commented that her property has experienced an extreme increase in runoff from the new construction. A meeting was scheduled for Saturday, December 03, 2005 at 10:00AM with Ms. Bellini, the Board Engineer, Mayor Kaplan, and the Construction Official. Mr. Gallagher suggested that those present at the meeting also consider the impact of the grading on the properties downstream.

Christine Hageman, Environmental Commission, came forward concerning landscaping at the Cumber= land Farms location. Following a l= engthy discussion, Ms. Hageman agreed to monitor landscaping during construction t= o make certain that plantings conform with approvals, and to report non-compliance= back to the board.

As no one else came fo= rward, it was duly moved and seconded to close the meeting to the public and all v= oted yes.

Since there was no fur= ther business to come before the board, it was duly moved and seconded to adjour= n at 10:25.

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