MINUTES OF A REGULAR MEETING OF THE PLANNING BOARD
OF THE BOROUGH OF MOUNTAIN LAKES
December 15, 2011
Chair Sandy Batty read the Open Public Meeting Advertisement Notice adopted at the annual meeting on January 27, 2011: Adequate notice of this meeting was given to the Citizen and the Daily Record, posted with the Borough Clerk and on the Bulletin Board and made available to all those requesting individual notice and paying the required fee.
ROLL CALL:
Members Present: Batty, Kane, Holmberg (left 7:40pm), Bailey, Dagger,
Zamierowski & Horan
Members Absent: Selver, DeVenezia, Gormally, Tovo
Also Present: Attorney Peter Henry, Engineer Bill Ryden
NEW MEMBER: John Horan of the Environmental Commission was sworn in as the newest member of the Board.
RECOGNITION: Peter Holmberg, on behalf of the Borough Council, recognized Sandy Batty for her years of service to the Planning Board.
REVIEW OF MINUTES: John Zamierowski made a motion to adopt the minutes of the November 17th meeting with corrections. Tom Dagger provided the second; the minutes were approved by voice vote of all eligible voters.
RESOLUTIONS:
Klingenburg App. # 09-237
A motion was made by Jim Bailey to memorialize the resolution of denial with a second provided by Tom Dagger. The Board voted 4-0 to approve the denial with Board members Batty, Bailey, Zamierowski and Dagger voting in favor.
PUBLIC HEARING: All applicants and professionals were sworn in by Chair Sandy Batty.
EAGLE ROCK REAL ESTATE, LLC App. #11-245
Bl. 5, Lot 2 50 Route 46 East
Side Setback, Parking, Sign Zone B
Board members Martin Kane and John Horan listened to the recording of the November 17, 2011 meeting and would be eligible to vote on this application. Bernd Hefele, a licensed Attorney in the state of New Jersey, continued presenting the application on behalf of Eagle Rock Real Estate. Mark Gimigliano, a licensed Engineer in the state of NJ, was at the hearing representing the engineering firm Dykstra Walker. He would be presenting the changes made to the site plan previously presented.
Mr. Hefele reminded the Board the applicant wished to add a second floor to the old Christian Bookstore building. They were looking for a parking, side and front yard set back variance. As per the Boards request a landscape plan had been prepared. Mr. Hefele had discussed the possibility of a deed restriction pertaining to parking with his client. Mr. Lombardi was not prepared to place that deed restriction on his property.
Mark Gimigliano presented the landscape plan, sheet 3 of 3, dated November 29, 2011. They proposed low level plantings that would not grow higher than 2 ft. The free standing sign, the ac units and the Verizon building were added to the original 1st sheet now dated November 29, 2011. The new sign would be out of the right of way. Bernd Hefele added the plan was updated to reflect things like the removal of the shed and the reconstruction of the fences for refuse. Mark Gimigliano reviewed the run off from the roof leaders.
Sandy Batty asked if the Board had any questions for the applicant. She then asked if any plantings would be removed. Mr. Gimigliano responded, only the ones around the current sign would be removed. Bill Ryden told the Board the landscape plan looked adequate to him. Sandy Batty asked the engineer to confirm where the run off from the roof leaders would ultimately go. Mark Gimigliano said the water from the roof leaders would flow along the curb line.
Seth Leeb, the Architect sworn in at the last hearing, reviewed the building once again. He pointed out the design had the look of many Mountain Lakes structures. The only thing changed on the drawings previously submitted was the addition of the sign detail. The new free standing sign on the plan was 20.25 sq ft and the on the wall of the building was 20 sq ft. for a total of 40.25 sq ft. Mr. Ryden pointed out the Borough’s sign ordinance was for 40 sq. ft. Mr. Leeb said he would changed the sign to meet the 40 sq ft. requirement. Sandy Batty asked about the lighting on the sign. Mr. Leeb said the lighting used would be LED lights that were hooded so they would only shine on the sign. The lights would go off according to the ordinance. The sign on building would have goose neck lamps on a timer to illuminate it. Tom Dagger confirmed the sides of the building would be stucco.
John Zamierowski asked the Architect to confirm the square footage of the second floor. It was 2523 sq ft. with the 1st floor being 5049 sq ft. Mr. Zamierowski confirmed the applicant only needed 26 spaces for the 1st floor if the space was calculated as office space or 29 spaces if it were retail. The second floor space requires an additional 12+ spaces for office space. The applicant’s Attorney explained the physical therapy and doctor’s office would not need the 27 existing parking spaces. Mr. Zamierowski went on to express his concern pertaining to future occupants using the second floor differently than currently proposed by the applicant. Bernd Hefele said the Zoning Officer would have to handle that. He went on to say the town could require the new tenant come back to the Board. Peter Henry explained the Planning Board does not approve COs. If the new tenant were a permitted use they would not have to come before any board. Mr. Hefele thought this was an opportunity for Mountain Lakes to look into improving Route 46. Tom Dagger questioned how the Borough would protect itself in the future. Mr. Henry said that could be difficult without the deed restriction.
John Horan asked if the building had a new user which created a parking issue could the Borough rely on the resolution being enforced. Bernd Hefele stated the building fit in with the town and the Board should not be looking at this issue now. Sandy Batty said it was a Planning Board issue. Parking on Route 46 becomes a safety issue if it spills over onto the highway.
The Chair asked if there was anyone from the public who wished to speak. Tony Di Marco, of 65 Crestview Road, stated Route 46 had a lot of empty buildings along the highway including this building which had been empty for 4 years. Renovation of the building would increase tax revenues. He would like to see the project go through. Mrs. Batty asked Mr. Di Marco if he would be doing the renovation work, yes he would.
Mrs. Batty asked for Board comments. Martin Kane was frustrated the owner would not accept the deed restriction. He would prefer it be included it in the resolution. Mr. Kane went on to say he would like to see something go on the property and felt the Board needed to take the risk. John Zamierowski said he was concerned about the parking. Jim Bailey asked what else the Board wanted in the resolution. Peter Henry said he had 11 to 14 conditions to suggest. The conditions included change of use, the parking, the medical suite having one doctor and one nurse or nurse practitioner at a time, no occupancy in the attic above the second floor (it would be for mechanicals only), the hours of operation, the sign lighting, a requirement to get a copy of the letter from DEP, the building finishes to be as presented, the site clean up, the sealing of the parking lot and the potential for offsite parking in addition to our standard items pertaining to payment of taxes and escrow etc.. John Horan representing the Environmental Committee was concerned about the DEP letter. Bernd Hefele said he was concerned about the condition limiting the number of doctors in the suite. Bari Vitolo confirmed there could be multiple doctors but not at the same time. Mr. Hefele said his client could live with the list of conditions presented. Tom Dagger was concerned with the number of professionals in the physical therapy space; he thought they should also be limited. Mr. Hefele said the applicant could live with that limitation. Tom Dagger said he agreed with Martin Kane, he did not understand the applicant’s reluctance to include the deed restriction. Sandy Batty reviewed the requested variances; a lot line setback for installing the sign out of DOT right of way, the side yard variance and the parking spaces being under the required number. She was ok with the first two but their request for fewer parking spaces based on their use was a problem for her. She felt the Board should take the advice of counsel and include the deed restriction.
The Board discussed two options a resolution containing the conditions mentioned along with the deed restriction for parking or the conditions listed previously without the deed restriction. The Chair took a poll of the Board. A poll of 4 to 2 in favor of the deed restriction resulted. Bernd Hefele said based on the poll the applicant would not be building this building and withdrew their application.
COMMITTEE REPORTS:
Master Plan
Sandy Batty questioned when the Board would adopt the changes to the Master Plan made by Susan Kimball. Jim Bailey confirmed they would adopt the remaining unfinished chapters as well as those reviewed by Susan Kimball all at one time.
Other Business
New Planner
The Board has formed a new committee to select a planner. Peter Holmberg and John Zamierowski will be on the committee. Currently they have three potential candidates. Sandy Batty asked if John Horan had any additional suggestions to make. Peter Henry said he would forward a few ideas to Peter and John.
The Secretary told the Board the Council was forming a Cell Tower Committee. They would like a representative from the Planning Board to be part of the committee. Peter Henry was not sure it was a good idea to have someone from a Board because they could potentially hear the application. John Horan said he would represent the Board on the committee.
Sandy Batty made a motion to adjourn the meeting. The Board adjourned at 9:25PM
Respectfully submitted,
Cynthia Shaw, Secretary