MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD HELD ON THURSDAY, OCTOBER 23, 2014

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1 MINUTES OF THE REGULAR MEETING OF THE PLANNING BOARD HELD ON THURSDAY, OCTOBER 23, 2014 Meeting called to order at 7:30 P.M. Present: Chairman William Brown, Councilman Ryan, Vice-Chairman Freeman, Jim Kirby, Paul Mathewson, Lawrence Lonergan, Jennifer Critchley, Victor Lugo, Michael Foley, Jim Helb, Township Engineer, Greg Mascera, Planning Board Attorney Absent: Melissa Collins Also Present: Jason Kasler, Land Use Consultant, Noreen Jones, Assistant Township Engineer Pledge of Allegiance: Public Participation: Chairman Brown asked if any members of the public had any questions regarding any non-agenda items. Seeing none, chair closes public participation. Approval of Minutes: Approval of Minutes of the Regular Planning Board Meeting held on Thursday, October 2, Chairman Brown asked for a motion to approve. Motioned by Councilman Ryan. S/Mr. Lugo. All in favor with Mr. Freeman abstaining. Mr. Freeman recused himself from the application. Memorialization of Resolution: Memorialization of Resolution No , Denial of Site Plan w/related variances as deemed necessary DMH2, LLC, 176 and 200 Bloomfield Avenue, Block 8, Lots 1 and 23. Motioned by Ms. Critchley. S/Councilman Ryan. All in favor with Mr. Kirby, Mr. Mathewson and Mr. Lonergan abstaining. Mr. Lonergan stated that he is on the Verona Environmental Commission and said he wanted to report on two items that could possibly affect the Planning Board. Mr. Lonergan stated they are working on reviewing low impact checklists which are environmentally friendly methods for developers, builders and homeowners to use with suggestions and guidelines that the Verona Environmental Commission would like to make available for them to use. Mr. Lonergan stated another item that the Verona Environmental Commission is talking about is a steep slope ordinance which some other surrounding towns have and they are examining the pros and cons and may be recommending a steep slope ordinance for Verona to the Council.

2 Minutes of the Regular Planning Board Meeting October 23, 2014 Page 2. Hearing of Developers and Applicants: Site Plan, DMH2, LLC, 176 and 200 Bloomfield Avenue, Block 8, Lots 1 and 23 Paul Jemas Attorney from Roseland, New Jersey stated his qualifications and said that he has been retained by the applicant, Dennis Handel and will be working with Alan Trembulak, Attorney for the applicant in the previous application and also this application and is sworn in. Mr. Mascera stated that Jessica Pearson and Jack McEvoy from 20 Montclair Avenue, Verona are interested parties in this application and can participate in the hearings. Mr. Mascera deemed the application complete. John Dusinberre stated he is the Attorney for Lars and Kathleen Sternas who reside at 16 Montclair Avenue and are objectors to the application. Mr. McEvoy, 20 Montclair Avenue, stated he disagrees that the application is complete as there is a deed restriction on the property. Mr. Jemas objected and stated that by the application being deemed complete that means the notices have been properly published and posted. Mr. McEvoy stated his issue and objection is with the compliance in the application and question number 27 on the application. Mr. Mascera stated that this property owner is the only one who can give consent and if there is an issue with a deed restriction that is a matter for Superior Court but from a Planning Board perspective this application meets all notice requirements. Mr. Mascera further stated that this does not prevent the hearing of the application and has no impact on the Planning Board to go forward. Ms. Pearson also objected to the application being complete and referenced her letter dated September 25, Mr. Mascera stated that the facts are different from this application and the case that Ms. Pearson has cited in her letter and for purposes of what the applicant is applying for this is considered one lot. Mr. Jemas stated he understands many people are involved and are familiar with this application and that there are several differences but he will endeavor to explain everything as they go through the process. Mr. Jemas stated he will have 3 witnesses, Mr. Petry, Engineer, Mr. Donato, Architect and Mr. Stiger a Traffic Expert. Mr. Dusinberre stated this is a new application and wants to be clear that no one refers to the prior record or draw comparisons to the prior application and he will try to do the same.

3 Minutes of the Regular Planning Board Meeting October 23, 2014 Page 3. Mr. Dusinberre clarified that Mr. Jemas will be the lead counsel for the applicant. Mr. Dusinberre stated he wanted to make a brief comment regarding number 27 on the checklist that was referred to earlier and said that the applicant can cure the application by amending it and providing a title search and getting any deed restrictions. Mr. Dusinberre stated there is an issue that could potentially prevent the application from moving forward in its present configuration that is in the conditional use section of the Verona ordinance as the ordinance states that there must be a 15 ft. landscape buffer provided along residential uses. Mr. Dusinberre further stated that the ARC of Essex County house whose rear yard abuts the property is a residential use and requires a 15 ft. buffer and should be provided. Mr. Dusinberre stated that regarding Mr. Kasler s report he agrees the buffer ordinance as outlined does apply however, if the Board does decide that the lot in question is wooded than the application as presented would require a variance. Mr. Dusinberre stated that he thinks because 200 Bloomfield Avenue is a corner lot, that under the Verona ordinance the setback should be 30 feet from the house at the bottom of Westview Road and not 20 feet as the applicant proposed. Mr. Jemas stated he is lead counsel but because of Mr. Trembulak s experience with this property there will be times when he handles responses or questions and unless there is a problem with that they will proceed. Mr. Trembulak asked Mr. Dusinberre where the area is that he sees the need for a buffer to be provided where there is none. Mr. Dusinberre stated about 100 feet on the easterly sideline on the rear of the site where it s adjacent to the ARC property then comes behind. Mr. Dusinberre stated that he did not think this was a variance free application but that it would be decided during the hearings. Chairman Brown marked the following exhibits into the record. EXHIBIT B-1 Memorandum from Jim Helb, Township Engineer dated 10/15/14 EXHIBIT B-2 Memorandum from Bob Dickinson, Shade Tree Commission dated 9/19/14 EXHIBIT B-3 Memorandum from Connie Pifher, Health Department dated 9/19/14 EXHIBIT B-4 Memorandum from Robert Brenneck, Fire Marshall dated 9/15/14 EXHIBIT B-5 Report from Jason Kasler, Kasler Associates, Land Use Consultant dated 9/23/14 EXHIBIT B-6 Memorandum from Doug Huber, Director of Public Safety dated 9/15/14

4 Minutes of the Regular Planning Board Meeting October 23, 2014 Page 4. EXHIBIT B-7 Report from Gloria Machnowski, Verona Environmental Commission dated 9/26/14 EXHIBIT B-8 Letter from Tom Jacobsen, Construction Official dated 9/29/14 EXHIBIT B-9 Updated Report from Jason Kasler, Land Use Consultant dated 10/20/14 EXHIBIT M-1 Letter from John McEvoy and Jessica Pearson dated 9/25/14 EXHIBIT A-1 Site Plan by Michael Petry of Petry Engineering, LLC dated 10/10/14 EXHIBIT A-2 Architectural (complete set of) Lighting Plan, Turning Movements Plan, Grading and Drainage Plan, Layout Sheet, Landscape Plan and Existing Conditions and Demolition Plan by Michael Petry of Petry Engineering dated 10/10/14 EXHIBIT A-3 Maintenance Manual prepared by Vincent Facchino dated 7/9/14 EXHIBIT A-4 Stormwater Management Maintenance Manual prepared by Petry Engineering, LLC dated 9/12/14 Chairman Brown noted that the Board is still waiting for comments from Jeff Hayes, Emergency Management and his comments will be marked into the record at the next meeting on December 4, Michael Petry of Petry Engineering, LLC is sworn in and stated his qualifications. Mr. Jemas stated he will be testifying as an Engineer at this point and as a Planner at a later time in the hearings. Mr. Petry stated he is familiar with the project, has testified on the previous two applications and has prepared the plans. Mr. Petry stated the property is very steep and especially steep in the first 100 feet of that property. Mr. Petry stated the existing home that is on the property sits on lot 1, almost in the center left to right of the entire parcel with a driveway that with access off of Westview to the home itself. Mr. Petry stated there will be a substantial amount of grading and the parking will consist of 67 spaces, 18 residential and 49 commercial. Mr. Petry stated that the trees on the wooded lot are along the perimeter of the property and that the pipes and catch basins in the new plan would be a better job of handling stormwater runoff on the site than its present state. Mr. Petry supplied a list of new plants and shrubs that will be on the site and stated they will replace the missing deciduous trees.

5 Minutes of the Regular Planning Board Meeting October 23, 2014 Page 5. Mr. Petry stated that the trees will be cherry, field maple, purple osier willow and William Penn barberry. Mr. Petry also stated that this site plan was modeled on the largest fire truck in the Verona Fire Department and that he had spoken to Jeff Hayes, Emergency Management Director. Mr. Petry further stated that Mr. Hayes was not concerned in the least about a fire truck fitting on the site because they would fight any fire at the building from the front and ladders in the back. Mr. Petry stated they will be using 68 watt LED shoebox fixtures for the lighting as they are energy efficient and the wattage remains low and will be mounted on 16 feet poles and will have no potential for glare. Mr. Petry stated the minimum foot candle is Mr. Petry stated the garbage and recycling will be done by private hauler and only in the day most likely twice a week possibility three times a week. Mr. Petry went over Mr. Helb s, Mr. Jacobsen s and Mr. Kasler s comments and addressed all items. Mr. Petry stated he had no comments on the other Professional s comments. Mr. Dusinberre questioned Mr. Petry about the Sternas property, Mrs. Purcell s property and the existing conditions and how they will change with the proposed site plan. Chairman Brown stated he would like to wrap up the meeting and continue at the next Regular Planning Board Meeting which will be on Thursday, December 4, Chairman Brown reminded the Board Members of the two Special Planning Board Meetings which will be on Wednesday, November 12, 2014 and Thursday, November 20, Mr. Dusinberre reminded the Board that he would like the comments from Jeff Hayes, Director of Emergency Management and also the Landmarks Preservation Commission for the next meeting. Mr. Dusinberre stated he would also like the exact dimensions of the buffer zone for the next meeting. Chairman Brown asked for a motion to adjourn. Motioned by Mr. Kirby. S/Ms. Critchley. All in favor. Respectfully Submitted, Noreen Dapuzzo, Planning Board Clerk

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