REGULAR MEETING

NORWOOD PLANNING BOARD

MAY 15, 2003

The Regular Meeting of the Norwood Planning Board convened at 8:10PM with Chairman Joseph Ascolese presiding. Mr. Ascolese announced that this meeting is held in accordance with the Open Meetings Act and has been advertised in the newspaper according to law. As required, Mr. Ascolese indicated to the public the location of the exits.

The following board members were present:

Mr. DeMaria Mr. Butti Mr. Altenbach

Mr. Ascolese Mayor D’Ercole Councilman Brizzolara

Mr. Byrne Mr. Jacobs Mr. Van Dyke

The following board members were absent:

Dr. Koffler Mr. DeBiasa Mr. Zacco

Mr. Casey

The Board Attorney Harold Ritvo was present; the Board Engineer was absent from this meeting.

VARIANCE APPLICATION #670

Block 38, Lot 12

371 Fourteenth Street – Cho/Han

Property owner Christine Han came forward and was sworn in for her testimony. Ms. Han testified that they require a lot coverage variance in order to build an in ground pool. The maximum lot coverage permitted by ordinance is 35%, existing lot coverage is 39.8%, and 42.8% is proposed. Ms. Han additionally testified that the 39.8% lot coverage variance was sought by and granted to the developer of the property prior to construction. At this time Councilman Brizzolara left the meeting. Ms. Han additionally testified that the proposed location of the pool in the back yard, borders on undeveloped borough property.

It was duly moved and seconded to open the meeting to the public. As no one came forward, it was duly moved and seconded to close the meeting to the public.

RESOLVED: Mayor D’Ercole offered a motion to approve Application #670. Seconded by Mr. DeMaria.

ROLL CALL VOTE: Mr. DeMaria, Mr. Butti, Mr. Altenbach, Mayor D’Ercole Mr. Byrne, Mr. Jacobs, and Mr. Van Dyke voted yes.

At this time, Councilman Brizzolara returned to the meeting

Mr. Ritvo commented that he has reviewed services and public notice on Applications #670 and 669 and these are in order.

VARIANCE APPLICATION #669

Block 103, Lot 9

16 Winthrop Street – Muller

Property owners Robert and Maria Muller came forward and were sworn in for their testimony in this application for lot coverage. Mr. Muller testified that approximately fifteen years ago, the Zoning Board granted a variance for 2% over the 20% permitted lot coverage. This application for increased lot coverage (23.56%) proposes an addition that will square off the existing dwelling and provide a handicapped accessible bathroom and enlarged master bedroom.

It was duly moved and seconded to open the meeting to the public. As no one came forward, it was duly moved and seconded to close the meeting to the public.

PAGE TWO, MAY 15, 2003

Application #669 Continued

RESOLVED: Mayor D’Ercole offered a motion seconded by Mr. Altenbach to approve Application #669.

ROLL CALL VOTE: Mr. DeMaria, Mr. Butti, Mr. Altenbach, Mr. Ascolese, Mayor D’Ercole, Councilman Brizzolara, Mr. Byrne, Mr. Jacobs, and Mr. Van Dyke voted yes.

SITE PLAN & VARIANCES EXTENSION

Block 122, Lot 2

430 Tappan Road – Wang & Lu

Attorney Robert Ricci, Saddle Brook, NJ, came forward on behalf of the applicants in this request for a one-year extension of variance and site plan approvals previously granted in May 2001 for a restaurant destroyed by fire. Notice has been provided to the public in accordance with statute. Mr. Ricci explained that applicants were unable to apply for building permits within the two-year period due to extensive litigation with the insurance company that concluded in November 2002, and the death of Mr. Wang’s wife in December 2001. Brief discussion took place regarding the current unsafe condition of the property and Mr. Ricci additionally commented that applicants anticipate the start of construction within the year.

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

James Korsgen, 438 Tappan Rd., came forward, was sworn in for his testimony and commented that applicant has had sufficient time to complete this project and spoke in opposition to the extension of approvals. He also commented on the unsafe condition of the property.

Mayor D’Ercole and Councilman Brizzolara stepped down from hearing this application.

Mr. Ricci commented that applicant is ready to proceed except that variances expire in several days and is willing to accept additional conditions regarding building permits as stipulated by the board; in particular, a one-year (only) extension of variances.

Frank Faraldo, 198 Summit St. came forward, was sworn in, and spoke in opposition to this application.

Arthur Lu, co-owner of the property, came forward and was sworn in for his testimony. Mr. Lu testified that, since litigation is complete and funding in place, and they are now able to proceed with the construction process. Plans are under revision as recommended by the borough and county engineers and once approved, will be submitted to the Construction Official for review and building permits.

Following discussion regarding time restraints on building permit application and construction start date; Mr. Lu agreed, if the board extends approvals, to submit plans to the Building Dept. within the next three months. Mr. Lu also agreed to fence the front property in order too provide safety and to prevent illegal parking

As no one else wished to be heard, it was duly moved and seconded to close the meeting to the public. All members voted yes.

The applicant agreed to contact the Police Dept. and request “No Parking” signs as permitted by law.

In conclusion, the applicant agrees to contact the Police regarding no parking signage, revised site plan submission no later then August 15, 2003, fencing as determined by the Construction Code Official in order to deter use of the property, commencement of construction subject to any unforeseen circumstances which might occur to the applicant, and, if that occurs within the twelve month period, applicant return to the board with explanation. All necessary requirements or conditions fulfilled and submitted to the

PAGE THREE, MAY 15, 2003

430 Tappan Road – Wang & Lu Cont’d.

Construction Code Official for the issuance of building permits by January 15, 2004 or applicant must return to the board with explanation.

RESOLVED: A motion was offered by Mr. DiMaria and seconded by Mr. Butti to approve the extension as stipulated.

ROLL CALL VOTE: Mr. DeMaria, Mr. Butti, and Mr. Altenbach, Mr. Ascolese, Mr. Byrne, Mr. Jacobs, and Mr. Van Dyke voted yes.

RESOLUTIONS OF APPROVAL

Application #664 - Block 110, Lot 11 Application #666 – Block 87, Lot 2

100 Summit St. – Cacici 530 Walnut St. – Falciglia Enterprises

Application #667 – Block 110, Lot 15.01

130 Summit St. - Travers

RESOLVED: Mayor D’Ercole offered a motion to accept the Resolutions of Approval on Applications #664, #666, #667. Seconded by Mr. Butti.

ROLL CALL VOTE: Mr. DiMaria, Mr. Butti, Mr. Altenbach, Mr. Ascolese, Mayor D’Ercole, Councilman Brizzolara, Mr. Byrne, Mr. Jacobs, and Mr. Van Dyke voted yes.

APPROVAL OF MINUTES

Regular Meeting March 20, 2003

A motion was offered and seconded to approve the minutes of the Regular Meeting of March 20, 2003. All board members voted yes.

RESOLUTION OF APPROVAL – EXECUTION OF DEED

Application #668 – Block 105, Lots 9 & 12

317 High St. & 222 Hudson St. – Pierorazio & Deschler

RESOLVED: Mayor D’Ercole offered a motion to accept the Resolution of Approval and authorize signatures on the deed on the above-indicated property. Seconded by Mr. Altenbach.

ROLL CALL VOTE: Mr. DeMaria, Mr. Butti, Mr. Altenbach, Mr. Ascolese, Mayor D’Ercole, Councilman Brizzolara, Mr. Byrne, Mr. Jacobs, and Mr. Van Dyke voted yes.

APPROVAL OF VOUCHERS

RESOLVED: Mayor D’Ercole offered a motion to accept the following vouchers. Seconded by Mr. Butti.

Neglia Engineering Associates $2,919.00

Harold Ritvo, Esquire $ 387.50

ROLL CALL VOTE: Mr. DeMaria, Mr. Butti, Mr. Altenbach, Mr. Ascolese, Mayor D’Ercole, Councilman Brizzolara, Mr. Byrne, Mr. Jacobs, and Mr. Van Dyke voted yes.

OPEN TO PUBLIC – CLOSE TO PUBLIC

A motion was made and seconded to open the meeting to the public. All members voted yes. As no one came forward, it was duly moved and seconded to close the meeting to the public. All members voted yes.

JAY STREET

Following discussion, the following committee was formed to investigate possibly vacating Jay Street so that a recommendation might be forwarded to the Governing Body. Committee members agreed to meet prior to the next meeting and report on June 19, 2003.

Councilman Brizzolara Mr. Byrne Mr. Altenbach Mr. Ascolese.

DEVELOPERS AGREEMENT – 535 WALNUT ST.

Block 88, Lot 9 – Loving Touch Nursery School

A motion was made and seconded to authorize the Board Chairman and Secretary to sign the Developers Agreement on the above-indicated property. All board members voted yes.

As there was no further business to come before the board, it was duly moved and seconded to adjoin the meeting at 9:10PM. All members voted yes.

Linda Grove, Clerk to Board