Meeting Called to Order at 7:30PM Borough of Franklin Lakes Bergen County, New Jersey Planning Board Minutes April 5, 2017 Regular Meeting Open Public Meetings Statement: Read into the record by Chairman Pullaro Salutation to the Flag Roll Call: Mayor Bivona, Councilman Kahwaty, Messrs. Gostkowski, Lauber, Chairman Pullaro, Linz, Sheppard (absent), Ms. Mucci, Messrs. Ochs, Adams Also in Attendance: Mark Madaio Esq., Board Attorney; Mrs. Eileen Boland, Board Engineer; JoAnn Carroll, Recording Secretary Fire Safety Announcement: Read into the record by Chairman Pullaro Board Discussion: Mr. Madaio: stated at last month s meeting he had reported that the Danza Crest case was close to a settlement; that settlement has unraveled; the Board is not billing or doing any work in regards to the settlement. Approval of Minutes: Councilman Kahwaty, Ochs March 15, 2017 Ayes: Mayor Bivona, Councilman Kahwaty, Gostkowski, Lauber, Chairman Pullaro, Linz, Ochs, Adams R. Venos Developers, LLC, Minor Subdivision, 1006 Clark Road, Block 1314.05, Lot 1; extension of approval to June 30, 2017 Chairman Pullaro: stated a letter was received from the applicant s attorney requesting an extension to June 30, 2017 to perfect the approved minor subdivision; the closing is to take place within the next 45 days. Motion to approve the extension to June 30, 2017: Councilman Kahwaty, Lauber Ayes: Mayor Bivona, Councilman Kahwaty, Gostkowski, Lauber, Chairman Pullaro, Linz, Ochs, Mucci, Adams Schloesser/Mansmann, Major Subdivision, 233 & 237 Woodside Avenue, Block 2703, Lots 3, 3.01 and new proposed lot Planning Board Minutes, April 5, 2017 Page 1
Chairman Pullaro: stated the applicant s engineer was present this evening; confirmed with Mrs. Boland that all items had been addressed for the resolution to be adopted; further stated the escrow was in order; a resolution was prepared by Mr. Madaio months ago. Motion to approve the resolution: Mayor Bivona, Lauber Ayes: Mayor Bivona, Councilman Kahwaty, Lauber, Chairman Pullaro, Linz Kwong, Final Major Subdivision, 701 Sneider Lane, Block 1511.03, Lot 1; with variances Chairman Pullaro: stated this was a continuation of the public hearing. Motion to re-open the public hearing: Mayor Bivona, Councilman Kahwaty All in Favor None Opposed Mr. Robert Weissman, Weissman Engineering, applicant s engineer: stated he understood he was still under oath; the plans have been revised with the latest revision date of 3/27/17; instead of a paper right of way, the applicant is now proposing a flag lot for the upper lot; the revised plans reflect the comments of the Board; the upper lot would maintain an existing dwelling and garage; it would have a realigned driveway; with this change there are different variances triggered; the one that does go away is for the front yard setback to the house; a variance is triggered for the width at the street for Lot 1.01; another variance is for the 85 ft. arc in the center of the 65 ft. dimension line; relying on the original cul-de-sac for the width of the frontage on Lot 1.02 which would now be taken from Sneider Lane; proposing to front the dwelling on Lot 1.02 on Sneider Lane; Lot 1.01 would have a realigned driveway coming up to the existing house and garage; drainage would be provided for the driveway; it will be widened to 16 ft.; a discussion was had with Mr. Linz before the meeting this evening; the slope will be reduced from 14% to 12%; test holes have been excavated for septic suitability; existing septic for the existing home will remain along with the well; setback of driveway is 14 ft. vs. the 20 ft. required; neglected to show the cross section of the proposed driveway. Mrs. Boland: stated there are open items; still do not have the cross sections and there was some discussion with Mr. Linz regarding emergency vehicles accessing the driveway; did not know if this had been settled. Mr. Weissman: stated the driveway will be 16 ft. wide; it is a typical driveway; trench drains will provide drainage; will intercept the drainage runoff; 16 ft. at 12% is an improvement of what is presently there. Mr. Linz: stated it will be an improvement; not sure what can be done to adjust it due to the location of the house. Planning Board Minutes, April 5, 2017 Page 2
Chairman Pullaro: stated it is a very steep street. Mr. Linz: stated he is okay with it as long as the driveway is widened to 16 ft. Chairman Pullaro: asked if Mrs. Boland foresaw any problems with the cross section to be submitted; asked if the applicant would have to come back before the Board. Mrs. Boland: stated no because the cross section is for the driveway; it needs to be submitted before the soil movement permit is issued; the stormwater management for the extra 6 ft. of the driveway will need to be addressed; satisfied with the rest of the drainage. No Board Comments No Public Comments Motion to close the public hearing: Lauber, Councilman Kahwaty All in Favor None Opposed Chairman Pullaro: asked for Mr. Weissman to identify the variances again. Mr. Weissman: stated the variances were for the lot width of proposed Lot 1.01; the 85 ft. arc in the center of the 65 ft. dimension line; lot frontage at the roadway; driveway setback; proposed Lot 1.02 lot width at the 65 ft. dimension line and the 85 ft. arc in the center of the 65 ft. dimension line. Mrs. Boland: stated there is no lot width requirement at the frontage. Motion to approve the major subdivision application with the identified variances: Councilman Kahwaty, Chairman Pullaro Ayes: Mayor Bivona, Councilman Kahwaty, Gostkowski, Lauber, Chairman Pullaro, Linz, Ochs, Adams Chairman Pullaro: stated the revised plan with the cross section will need to be submitted or the resolution will not be adopted. Decker, 752-754 Franklin Avenue, Block 1424, Lot 1; Amended Site Plan; Additional Parking Spaces in Northern Corner of the Property Motion to open the public hearing: Lauber, Councilman Kahwaty All in Favor None Opposed Chairman Pullaro: stated the applicant was seeking to put in ten parking spaces towards the northerly property line. Mr. Madaio: stated the notices were in order. Planning Board Minutes, April 5, 2017 Page 3
Harold Cook, Esq.: applicant s attorney; stated the application is for a small revision to the site plan; the applicant intends to expand the existing parking area along the northerly property line; currently 96 spaces; looking to increase to 106; proposed size of the stalls would be 9x20 instead of 10x20; variance required for the size; Mr. David Hals, the applicant s engineer and planner will be testifying this evening. Mr. David Hals, Schwanewede Hals Engineering, applicant s engineer and planner: sworn in by Mr. Madaio; gave his credentials; accepted as an expert in the field of engineering and planning; plan submitted dated 2/15/17 and it is one sheet; this is the plan which was presented with the application; the existing property is located on Franklin Avenue; SW side of Franklin Avenue; known as Franklin Square; one story building with retail tenants within the building; 96 parking spaces presently; the Board granted a variance in 2009 to reduce the size of the stalls to 9x20; the types of uses at the site are substantial and there is a need for additional parking; the parking requirement by code in the RB-1 zone is 120 spaces; presently 96 at the site; proposal is to add 10 additional spaces along the NE portion of the site; there will be 60 degree parking spaces sequentially in a row; will have proper back up area; reducing the nonconformity on the site; the proposed parking is approximately 2,500 sq. ft.; there is one significant tree located in the middle of the proposed parking area which will need to be removed along with two other smaller trees in the existing buffer; parking lot is basically at grade; very little soil movement; minimal increase in impervious coverage; the additional parking spaces will reduce the nonconformity and provide additional spaces for the site; the existing lighting is situated so that no additional lighting will be needed; there are existing pole mounted lights on the perimeter and within the site; the ones within the site are double pole mounted lights; the applicant does require, at the least, a Bergen County Planning Board exemption; no Bergen County soil approval needed; there are buffer areas; no impact on the surrounding properties; all the buffer areas around the property are going to remain; no protective deed restrictions or covenants on the property; there is an increase in runoff; they are increasing the impervious coverage; amounts to one seepage pit in terms of the site; proposing to modify the inlet; there was an overflow basin installed when there was a problem with the septic system years ago; will utilize the stone that is there and pipe in an overflow or modify the inlet for the overflow to run into it; minimal disturbance. Mrs. Boland: stated support calculations would need to be submitted. Mr. Hals: stated he would provide the calculations. Councilman Kahwaty: stated he was concerned about the parking spaces near the entrance. Mr. Hals: stated the County requirement is 20 ft.; the applicant is at 45 ft.; there is enough area for 2 vehicles to be stacked in the driveway. Planning Board Minutes, April 5, 2017 Page 4
Mr. Linz: asked if any additional landscaping was being added due to the removal of the three trees. Mr. Hals: stated he spent a lot of time with Mr. Decker trying to design the parking spaces so the tree (oak tree) would not be affected; if the tree were to remain, three parking spaces would be eliminated. Mrs. Boland: stated the spots are angled toward residential properties; asked if any screening would be added. Mr. Hals: stated there is an existing stockade fence that acts as a screen to the residential area; landscaping will not grow in that area. Mrs. Boland: stated the tree specialist may have a comment; he may require tree replacement on the property. Mr. Cook: stated Mr. Decker would agree to any additional screening requested by the Board. Chairman Pullaro: stated the trade off for saving the tree would be adding three spaces at the end of the row which would then encroach into the buffer. Mr. Hals: stated the spaces would have to migrate closer to the property line which would impact the buffer; Mr. Hals spent a lot of time at the property and tried to minimize the impact as much as possible. Mr. Linz: stated the fence seems to wander on the property; it seems to be on the neighbor s property and then on the applicant s property; the piece between the Decker property and the florist is in disrepair; it is an eyesore; asked if the applicant could work with his neighbor to repair the fence. Mr. Robert Decker: sworn in by Mr. Madaio; stated the fence Mr. Linz is referring to has been on the site since 1993; does not know who owns the fence; it is located on the florist s side; assumes it is theirs. Mr. Madaio: asked if a fence could be placed on the applicant s property. Mr. Decker: stated the original site plan was approved for plantings; Norwood Spruce, Douglas Fir plantings; they have grown and need to be cleaned up; will be cleaning them up and replacing the ones that have died; the plantings would be the screening he could provide. Chairman Pullaro: asked if the Board felt it was important to save the oak tree; he has been to the site many times; asked if ten spaces were enough. Planning Board Minutes, April 5, 2017 Page 5
Mr. Decker: stated there is never enough parking, but it will be better than what is there currently; if he could add more spaces he would; there are restrictions; he has maxed out at the ten additional spaces. Mayor Bivona: stated parking is a problem at the applicant s site, particularly around the time school lets out; this is an accident waiting to happen; realizes this is not Mr. Decker s doing; there has been contact with the schools; a lot of people park illegally; this is a problem; there are usually six to a dozen cars sitting with their engines running. Mr. Decker: stated he does not like the situation either. Mayor Bivona: asked if anything could be done about this problem; adding parking spaces is a good thing and is necessary but it will not solve the problem with the idling cars. Mr. Decker: stated, over the years, there has been a balance between the inconvenience of the parents waiting for their children to be released from school and the business the children bring to the stores; he wishes the school had another location for the parents to park; he does not have an answer for the 3PM rush. Ms. Mucci: stated it is a very dangerous area when the children are let out from school; they dart around the parking lot; concerned about having enough room to enter the parking lot if someone is entering at a very fast speed behind her. Chairman Pullaro: stated parking or standing in the fire zone is an infraction and can be ticketed. Mayor Bivona: stated it wouldn t be worth parking a policeman there all day; parking in the fire zone is enforced; the school has sent multiple notices to the parents; signage might possibly help the problem; does not want anyone to get hurt; asked if the tenants could be given a notice to tell their patrons not to park illegally. Mr. Decker: stated enforcement is difficult at times; even when a sign is in place; the ten extra spaces will take some pressure off during the day; the nighttime parking has become a problem. Mayor Bivona: stated his concern is the daytime parking problem; illegally parking and waiting in the parking lot; not expecting Mr. Decker to solve the problem; maybe there needs to be a combination of efforts. Mr. Decker: stated he believes the school has to be more stringent with the parents. Planning Board Minutes, April 5, 2017 Page 6
Mayor Bivona: suggested a sign be placed stating the area was not a waiting area for pickup and anyone not abiding by this would be fined accordingly. Mr. Decker: stated, with all due respect, he does not feel this will work unless the school enforces it. Mr. Linz: stated additional fire zone signs can be added and the police could cruise there a little more often. Mayor Bivona: stated he would like Mr. Decker to speak with the Borough s Traffic Officer to try to improve the situation; this has nothing to do with the extra spaces proposed; maybe Mr. Decker could send a note to his tenants and the tenants could post signs internally regarding parking illegally. Chairman Pullaro: stated if the spaces were 9 x 18 that would yield another two feet. Mr. Hals: stated certain things will happen when you do this; there would be parking against the building; will introduce other obstacles that may cause a problem with the fire department; it would be parallel parking instead of a fire zone; when you move around the outside the commercial zone is almost to the end of the parking row; there is a 30 ft. buffer that is required by residential zones; believes this proposal is the least intrusive with the most benefit. Mrs. Boland: asked about adding some spaces along the other buffer. Mr. Hals: stated the other buffer is by residential as well; the site is surrounded by residential zones on approximately 2.5 sides; angled parking and aisle width was discussed; there would be a problem with trucks turning around on the site; moving toward the florist would almost remove the entire buffer. Mr. Lauber: stated the Board had discussed smaller buffers; on the corner there are smaller buffers; asked if this was applied to the parking in the back. Chairman Pullaro: stated this cannot be done by residential zones. Mr. Hals: stated you would possibly get two more spaces. Mr. Ochs: stated we are doing all the mental gymnastics to get to the point the applicant is saying. Mr. Hals: stated there truly is no more space. Mr. Gostkowski: asked how many employees parked at the site at a given time. Planning Board Minutes, April 5, 2017 Page 7
Mr. Decker: stated he did not know; there are nine different businesses; they park on the premises but mostly in the rear and along the sides. Mr. Gostkowski: asked if the employees could park in the municipal lot. Mr. Decker: stated about 6-7 years prior he had bought parking permits from the town for employees; it did help a little bit; the lot is pretty full every day; the employees did not want to cross the street in inclement weather, etc. Chairman Pullaro: asked how many employees park at the site. Mr. Decker: stated he never counted; does not know; the animal hospital has about a dozen employees, but the hospital closes at 8PM. Chairman Pullaro: stated the restaurant takes up the spaces at night. Mayor Bivona: stated the nights are less of a problem; if the parking lot is full, patrons can park in the commuter lot. Mr. Gostkowski: stated it is more practical for employees to park in the commuter lot. Mr. Decker: stated parking is a moving target; different tenants and usages means different parking needs; the ten additional spaces will help and has a minimal impact on the residential areas. Mr. Madaio: stated the application before the Board is for ten parking spaces; the number of employees does not matter in regards to the spaces. Mr. Hals: stated one variance is needed for the stall size. Chairman Pullaro: stated that is a de minimis request; it is a good application as far as that is concerned. Mr. Madaio: stated the application is for a site plan modification for ten additional parking spaces; the stall size is undersized but still bigger than what was approved ten years ago. Mayor Bivona: stated the applicant needs as many spaces as possible; it would be good if the applicant was willing to plant a tree or two. Chairman Pullaro: stated the Borough s tree specialist should weigh in on what he feels would be a good replacement for the oak tree being removed. Mr. Decker: stated he will meet with the tree specialist to discuss. Mr. Hals: stated the applicant has been proactively maintaining the buffer trees. Planning Board Minutes, April 5, 2017 Page 8
Mr. Cook: stated Mr. Decker will work with the Borough s tree specialist and this can be added as a condition of approval. Mr. Decker: asked who he would speak to regarding a new tenant needing more seats in their store. Mr. Madaio: informed Mr. Decker he would have to speak with the Borough s Zoning Officer. Chairman Pullaro: asked what the concrete pad represented in the lower left corner. Mr. Decker: stated it was for the wet well which was part of the old treatment plant. Mrs. Boland: stated all items have been satisfied; will expect revised plans for the drainage to be submitted along with calculations; the actual location of the seepage pit will need to be shown. Chairman Pullaro: stated the Board can vote on the application, and if approved, the resolution will not be read until engineering is satisfied with the plan. Motion to close the public hearing: Lauber, Mayor Bivona All in Favor None Opposed Motion to approve the site plan with a variance for the stall size at 9 X 20 : Councilman Kahwaty, Mayor Bivona Ayes: Mayor Bivona, Councilman Kahwaty, Gostkowski, Lauber, Chairman Pullaro, Linz, Mucci, Ochs, Adams Oral Communications: None Training Session: Mr. Madaio distributed a hand out to the Board; appreciated the Chairman s idea of a training session such as this one; his goal is to set forth some ideas that might start a dialogue; his goal was to take a couple of chunks of the law and break them out into manageable sections. Topics discussed: 1. Board of Adjustment members cannot hold any other positions in the Borough 2. Planning Board members do hold other positions 3. Various conflicts of interest Planning Board Minutes, April 5, 2017 Page 9
a. Direct pecuniary interest b. Indirect pecuniary interest c. Direct personal interest d. Indirect personal interest 4. Draft member of the Board of Adjustment if a quorum is lost due to a conflict of interest on the Planning Board 5. Powers of the Planning Board a. Referral powers on land use or zoning ordinances b. Soil movement permits c. Governing Body by ordinance can craft other responsibilities for the Planning Board d. Review of capital improvements or capital projects e. Master Plan f. Bulk variances when an application is before the Board for a site plan or subdivision application Motion to adjourn: Councilman Kahwaty, Mayor Bivona All in Favor None Opposed Meeting adjourned at 9:15PM Respectfully submitted by: JoAnn Carroll Recording Secretary April 18, 2017 Planning Board Minutes, April 5, 2017 Page 10