ZONING BOARD OF ADJUSTMENT - BOROUGH OF NORWOOD

ZONING BO= ARD OF ADJUSTMENT - BOROUGH OF NORWOO= D

REGULA= R MEETING - MAY 04, 2006

The Re= gular Meeting of the Board of Adjustment convened at 8:03PM with Chairman Robert Trapani presiding. Mr. Trapani announced that the meeting is held in accord= ance with the Open Public Records Act and indicated the exit locations as requir= ed by law.

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The fo= llowing board members were present: Michael Casey, Marianne Orecchio, Christofer Deschler, Mr. Trapani, Nicholas Chiacchiaro, Carol Leeman, Dan Kelly and Barbara Cho. Murray Bass was absent. The Board Attorney Ri= chard Toniolo was present.

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Mr. Tr= apani offered a moment of silence in memory of recently deceased Councilman Peter Altenbach.

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APPROVAL OF MINUTES =

Regular Meeting – February 02= , 2006

Ms. Or= ecchio offered a motion to accept the minutes of the April 06, 2006 Regular Meeting. Seconded by Mr. Chiacchiaro and all members voted yes.

APPLICATION #06Z-0112 – Conti= nued 04/06/06

Block 145, Lot 9 – 27 Brook Street

B. Foschino Landscape, Inc.

Attorn= ey Stuart Stern came forward representing B. Foschino Landscape, Inc. in this matter continued from the April 06, 2006 meeting.

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David = Spatz, P.P., Fort Lee, NJ, sworn and qualified during the April meeting, came forward in order to offer additional testimony. Mr. Spa= tz testified that the architect, as directed by the board last month, has amen= ded the original plans to include four parking spaces along the side of the building and four vehicles, drawn to scale, are shown stored within the proposed structure. =

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At thi= s time, the original plan dated 11/04/2005 was marked as Exhibit A-1 and the revised pl= an dated 4/17/2006 was marked as Exhibit A-2.=

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Referr= ing to his memo to Mr. Stuart dated 4/20/2006, Mr. Spatz testified to the following matters, as requested by the board in April, from the Zoning Ordinance:

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&= nbsp; Section 233-30(B) – Uses permitted in the Business Zone including “R= 30;Business and Professional Offices̷= 0;” both permissible uses as proposed by applicant.

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&= nbsp; Section 233-31(A) – “Loading in= the front yard prohibited”. Loading in the front yard not proposed.

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&nb= sp; = &nb= sp; = &nb= sp; APPLICATION #06Z-0112, Continued

&= nbsp; Section 233-31(D) – “…no storage permitted other than within an enclosed roofed building…” Ap= plicant proposes storage within the existing and proposed buildings.

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&= nbsp; Section 233-32(A) – “…Par= king for business offices is required at a ratio of one space for each 250 sq. f= t. of floor area, not including storage…” Three spaces (sufficient) provided for 639 sq. ft. of office space.

Section 233-32(B) – Parking (…“within 200 feet of premises…”) located adjacent to the building.

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Section 233-32(D) – Parking located at least 10 feet from the street line as required.

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Section 233-32(E) – “…Par= king is required to be paved with an all-weather surface…” Mr. Spatz testified that the existing gravel parking lot provides superior drainage than a paved surface= .

The memo from Mr. Spatz t= o Mr. Stern was marked as Exhibit A3.

Barry Foschino, 62 Mohawk Ave. came forward and testified that he has reviewed the revised plans prepared by Mr. Blake and submitted to the board.

Discussion took place con= cerning storage, 233-31(D), and Mr. Spatz testified that he considers storage as landscaping materials kept within the building; however, large pieces of equipment such as, i.e., snowplows etc., remain outside as in the past.

The board marked Mr. Spatz’s memorandum concerning the above-indicated testimony as Exhibit A-3.

Barry Foschino, 62 Mohawk Ave., sworn at the previous meeting testified that he has reviewed the revised (Exhibit A-2) plans including parking, drainage, fencing and landscaping, as prepared by Architect Chris Blake. Mr. Foschino testified that the large pieces of equipment stored out= side shall be screened from view by proposed fencing at the side of the building= .

Concerning correspondence= from Robert Ghia, Mr. Foschino commented that the matter is premature at this ti= me.

Architect Chris Blake, Tenafly, NJ (sworn and qualified during the April meeting) came forward for additional testimony. Mr. Blake testifie= d that the original plans have been

PAGE THREE, MAY 04, 2006=

APPLICATION #06Z-0112, Continued

revise= d as suggested during the previous meeting and that the trucks shown in the inte= rior of the building are drawn to scale. The proposed eight-foot frontage meets his client’s requiremen= ts and cannot be reduced. <= /o:p>

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Anthony Foschino, 48 Burlington Street, previously sworn came forward and testified that vehicles can either be pulled or backed into the garage and that his trucks leave between 5-7:00AM and return 4-4:30PM; the Goddard School heavi= est traffic is approximately at 8:30AM.

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Mr. St= ern concluded that testimony is now complete and added that he is satisfied with the reco= rd as it stands.

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The bo= ard moved, seconded and voted to open the meeting to the public.

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Paul R= enaud, Borough Construction and Zoning Officer, (still under oath) came forward wi= th the following questions concerning the Spatz memo:

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· on the first floor is in question as a permitted use in the zone. <= /span>

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· expansion of same.

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support of proposed design and as requested during the last meeting.

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At thi= s time, Mr. Spatz and clients went into conference in order to offer a response to = Mr. Renaud’s comments. At t= he conclusion of this conference, Anthony Foschino came forward and testified = that there is no loading, unloading or deliveries at the front of the building a= nd that vehicles pull into and out of the property. The outside storage of equipment sh= all be screened and behind fencing as submitted.&= nbsp; A discussion took place concerning proper notice and if the applican= ts properly informed the public, that application includes a permitted non-conforming use because of a zone change in that area. Discussion also took place c= oncerning site design and drainage calculations and Mr. Renaud commented that applica= nt must provide the board with an engineered site plan in order to confirm testimony. Applicant ag= reed to provide same if board so requires.

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Addres= sing the non-conforming use question, Mr. Toniolo commented that if the board is sat= isfied that this operation is a conforming business, Section 233-30, than it is no= t a non-

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APPLICATION #06Z-0112, Continued

confor= ming use as Mr. Renaud suggests. Howev= er, because of the expansion of the structure, which currently does not meet the front yard setback requirement, a condition exacerbated by the proposal and because the applicant noticed for that variance, the advertised non-conform= ity meets public notice requirements and is sufficient.

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Robert= Ghia, 22 Brickell Ave., Westwood, NJ, previously sworn, came forward. Mr. Ghia testified h= e has spoken briefly with Mr . Foschino concerning a proposal to turn the buildin= g ninety-degrees with a permanent easement and/or access through his property. Mr. Ghia’s correspondence and informal plan were marked as Exhibits A-4 and A-5 respectively and he brief= ly described the proposal which includes a legal document providing the Foschino’s with access to his property.

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Anthony Foschino came forward and commented that Mr. Ghia’s proposal requires further discussion and consideration before proceeding with same and it is their intent to move forward with the proposal currently under consideratio= n.

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As no = other member of the public came forward, the board moved, seconded and voted to c= lose the meeting to the public.

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Prior = to voting the board briefly discussed the 8-foot front setback, improvement in= the area, heavy traffic at 4:00PM from the Goddard School, and drainage review by the Borough Engineer.

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Mr. Chiacchiaro offered a motion approving Application #06Z-0112 subject to Borough Engineer drainage review= and approval prior to building permits. Seconded by Ms. Orecchio.

Mr. Casey, Mr. Deschler, Ms. Orecch= io, Mr. Chiacchiaro, and Ms. Leeman voted yes. Mr. Trapani voted no.=

RESOLUTION OF APPROVAL

Application #06Z-0113 – Block 99, Lot 10<= /o:p>

385 Livingston Street<= /b> – Kwan Y. Lee

Mr. Deschler offered a motion, seco= nded by Ms. Orecchio to accept the Resolution of Approval on the above-indicated matter as prepared by Mr. Toniolo. Mr. Casey, Mr. Deschler, Ms. Orecchio, Mr. Trapani, Mr. Chiacchiaro,= Ms. Leeman, and Mr. Kelly voted yes.

RESOLUTION OF APPROVAL

Application #06Z-0114 – Block 140, Lot 10=

= 1 Austin Avenue – Brian Mason

Mr. Chiacchiaro offered a motion, seconded by Mr. Casey, to accept the Resolution of Approval on the above application as prepared by Mr. Toniolo.&nb= sp; Mr. Casey, Mr. Deschler, Ms. Orecchio, Mr. Trapani, Mr. Chiacchiaro,= Ms. Leeman, and Mr. Kelly voted yes.

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DISCUSSION – ENGINEERING & ESCROW

The bo= ard, Mr. Toniolo and Mr. Renaud discussed various options for engineering review dur= ing the variance and/or building permit process.

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Open & Close to the Public=

The bo= ard moved, seconded and voted to open the meeting to the public.

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David Elling, Summit Street came forward with questions concerning Zoning Board

procedure during the course of an application.

As no = other member of the public came forward, the board moved, seconded and voted to c= lose the meeting to the public.

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Since = there was no additional business before the board, a motion was offered and secon= ded to adjourn the meeting at 9:45PM. All members voted yes.

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

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