MINUTES – JANUARY 24, 2013
Chairman Hennion called the Planning Board meeting of Thursday, January 24, 2013, to order at 8:10 p.m. in the Municipal Building of the Borough of Totowa.
PRESENT:
Mayor CoiroCommissioner CampilangoVice Chairman Coiro Chairman Hennion Commissioner Festa Commissioner Vandenbree Commissioner Vickerilla CouncilmanD’Angelo
CommissionerPaeseCommissioner MurphyNordan Murphy, PERichard Brigliadoro, ESQ
The clerk read the statement of the meeting as follows:The meeting of the Planning Board to be held on the 24th day of January 2013 is in accordance with the Schedule of Annual Notice, which is posted, and in accordance with Chapter 231 P.L. 1975 of the State of New Jersey. The agenda for this meeting has been prepared and distributed to the members of the Planning Board and a copy has been on file in the Construction Official’s Office.
ITEM #1
Jabez NailsBlock 104 - Lot 8Minor Site Plan
370 Union Blvd.change of ownershipCertificate of Use
Ms. Llanhua Cui appeared requesting approval of the occupancy of 1,795 sq. ft. of space to continue the present operation of an existing Nail Salon. This is a change of ownership only. There will be no name change.
Chairman Hennion read a letter of intent into the record. The anticipated hours of operation will be Monday through Saturday from 9:30 a.m. to 7:30 p.m. There will be four employees.
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the application for occupancy as presented. This approval is subject to and contingent upon the following conditions and will be memorialized in a Resolution at a future date:
- The construction of internal partitions, exits, entrances and fire safety devices are subject to and require the approval of the fire sub-code official, the fire inspector and the building inspector.
- The applicant will supply the Chief of Police with an emergency contact list and will also obtain the approval of the Police Chief in regards to all alarms and security devices.
- There will be no outside storage of equipment/materials.
- All previously approved conditions will remain in effect.
- The anticipated hours of operation will be Monday through Saturday from 9:30 a.m. to 7:30 p.m. There will be four employee.
Nine agreed on a roll call vote………9-0
Tape 3– 303
PLANNING BOARD MEETINGJANUARY 24, 2013
MINUTES CONTINUEDPAGE 2
ITEM #2
Green Label Recycling Co.Block 170.03 - Lot 6Amended Site Plan
90 Maltese DriveOutside Storage Tanks & Extended Work Hours
Mr. Moustafa Malas of 36 Cameron Road in Saddle River, NJ and Mr. Mark Anias, storage tank expert, reappeared to discuss his amended site plan to add a biodiesel production operation to his existing operation.
The planning Board Engineer commented on the proposed location of the Methanol tanks in proximity to the building. Allan DelVechio, Fire Marshal for Totowa reported on his concerns stating that a concrete wall should be constructed to separate the two tenants and recommended a deluge system be installed for the polytanks. He also testified that the code for Methanol tanks must be 25’ from the building.
After a lengthy discussion a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to open the public portion of the meeting.
Nine agreed on a roll call vote………9-0
Tape 3– 2134
NO PUBLIC TO BE HEARD
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to close the public portion of the meeting.
Nine agreed on a roll call vote………9-0
Tape 3– 2171
A motion was offered by Chairman Campilango and seconded by Commissioner Festa to carry this mater to the next regular Planning Board meeting of January 24, 2013 at or about 8:00pm to allow the applicant to make necessary site plan changes. The applicant grants extension of time limits.
Nine agreed on a roll call vote………9-0
Tape 3– 2325
ITEM #3
Charles Bressman &Block 172– Lots 2 &3.01Minor Subdivision
J&J Specialized, LLCCreate 2 non-conforming
530 Route 46 Westlots in B3 & I1 zone
Mr. Joseph Perconti, attorney for the co-applicantsproviding some history for this application. The co-applicants were involved in a litigation that resulted in court findings that there was a legal enforceable contract between the co-applicants.
Chairman Hennion read a letter of intent into the record. The anticipated hours of operation will be primarily Monday through Friday from 7:00 a.m. to 6:00 p.m. with Saturday hours when necessary. There will be ten employees. Adequate onsite parking is provided. The court granted specific Performance of Contract to Bressman and entered an order for the parties to submit a subdivision application before the Totowa Planning Board.
Mr. Michael Rubin, attorney for the objectors, Route 46 Realty Association. Mr. Rubin indicated that their Professional Planner, Jill Hartman was not available for this meeting but will be present at the next meeting on February 14, 2013.
Mr. Joshua Bauchner, who testified as a Fact Witness, indicated that he and his law firm was involved in the contract between Charles Bressman and J&J Specialized, LLC.
PLANNING BOARD MEETINGJANUARY 24, 2013
MINUTES CONTINUEDPAGE 3
Mr. Bruce Rigg, PE testified as to the subdivision of lot 3.01 – 1,800 sq. ft. was being conveyed to J&J Specialized, LLC and that Charles Bressman would retain the remaining 36,546 sq. ft. Mr. Rigg also discussed access issues to Route 46 and Riverview Drive.
Mr. Ken Ochab, PP testified as to the three Bulk variances that were required. The Bressman parcel requires bulk variance relief for minimum lot area where one acre is required and 0.84 acre is proposed. The J&J Specialized, LLC parcel requires two bulk variances; one for minimum lot area in an I-1 zone where three acres is required and 1.75 acres is proposed and one for lot width where 300’ is required and 264.2’ is proposed. Mr. Ochab provided testimony in support of granting variance relief.
After a discussion a motion was offered by Commissioner Campilango and seconded by Commissioner Festa to open the public portion of the meeting.
Nine agreed on a roll call vote………9-0
Tape 3– 4299
Ms. Carol Witaker of 65 Beech Way in Wayne, NJ expressed her concerns regarding J&J Specialized, LLC focusing on the noise during the early morning hours, trucks left idling, odor from the truck fumes, property not being maintained, fence in need of repair, and the fabricated building on the property.
A motion was offered by Commissioner Pease and seconded by Vice Chairman Coiro to close the public portion of the meeting.
Nine agreed on a roll call vote………9-0
Tape 3– 5547
After a lengthy discussion a motion was offered by Chairman Campilango and seconded by Commissioner Festa to carry this mater to the next regular Planning Board meeting of January 24, 2013 at or about 8:00pm
Nine agreed on a roll call vote………9-0
Tape 3– 5575
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve
Planning Board minutes of January 10, 2013 as corrected.
Nine agreed on a roll call vote ………9-0
Tape 3 – 5928
RESOLUTIONS:
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the resolution for Food Specialities Trading, LLC.-Blk 157-Lot 4.01 as presented.
Nine agreed on a roll call vote……….9-0
Tape 3 – 5985
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve the resolution for Big Keith’s Property Management-Blk 139-Lot 6.01 as presented.
Nine agreed on a roll call vote……….9-0
Tape 3 - 6046
VOUCHERS:
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve a series of vouchers for Alamo Engineering Professional services as listed below:
Invoice 070052Villages @ Totowa in the amount of $2,014.41
Nineagreed on a roll call vote………9-0
Tape 3 - 6121
PLANNING BOARD MEETINGJANUARY 24, 2013
MINUTES CONTINUEDPAGE 4
A motion was offered by Commissioner Campilango and seconded by Commissioner Festa to approve a voucher for Weiner and Lesniak Professional services as listed below:
Invoice 156557 TOT-681EGreen Label Recycling Blk 170.03-Lot 6in the amount of $57.00
Invoice 156558 TOT-699ECharles Bressman & J&J Specialized in the amount of $275.50
Invoice 156559 TOT-700ERod’s Auto Sales in the amount of $190.00
Invoice 156560 TOT-701EEnvironmental Renewal in the amount of $475.00.
Invoice 156561 TOT-702EVinnie’s Auto Service & Repair in the amount of $190.00
Nine agreed on a roll call vote………9-0
Tape 3 -6216
There being no other business, a motion was offered by Commissioner Paese and seconded by Commissioner Festato adjourn the meeting.
All in favor………9-0
Tape 3 - 6353
Respectfully submitted,
Pete Campilango, Secretary
Patricia Paulson
Planning Board Clerk Date Approved