REGULAR MEETING RAMSEY PLANNING BOARD MINUTES OF MEETING HELD ON MARCH 21, 2017 Acting Chairman Kirk called the regular meeting of the Ramsey Planning Board to order at 7:30 p.m. PLEDGE OF ALLEGIANCE Mr. Weber led the Pledge of Allegiance. ANNOUNCEMENT BY MR. KIRK This meeting is being held in accordance with the Sunshine Law. Acting Chairman Kirk read the Open Public Meetings Law notice. MEMBERS PRESENT ABSENT Mr. Carey Mr. Cantor Acting Chairman Kirk Mr. Torchin Mr. Weber Ms. Woodbyrne Mr. Hayward Alt. I Mr. Daul Alt. II Councilman Verdone Mayor Dillon IN ATTENDANCE PRESENT ABSENT Mr. Whitaker, Board Atty. Mr. Hals, Board Engineer Mrs. Lupo, Admin. Secretary 1
COMMENTS OF BOARD MEMBERS - None APPROVAL OF MINUTES - None CORRESPONDENCE - None COMMENTS FROM THE PUBLIC - None ORDINANCES - None WAIVER APPLICATIONS Leased Area: Happy Nail 4U, LLC 22 Church Street 900 sq. ft. Nail Salon The store will be open 6 days a week, Monday through Saturday 9:30 A.M. to 7:30 P.M. The number of employees is 4 P/T and the number of parking spaces is 5. Leased Area: Motorcar Manor, LLC 16 Arrow Road 29,000 sq. ft. Collector Car Storage The business will be open 7 days a week, Monday through Sunday 8:00 A.M. to 5:30 P.M. The number of employees is 2 F/T and 2 P/T and the number of parking spaces is 73. The Waiver is Subject to the following Conditions of Approval: No onsite automobile repair or bodywork. A motion to approve the waiver, subject to the approval of the Construction Official, Board of Health and Fire Official, was made by Mr.Weber, seconded by Mr. Carey. Roll Call: AYES: Mr. Carey, Mr. Cantor, Mr. Kirk, Mr. Tochin, Mr. Weber, Ms. Woodbyrne, Mr. Hayward, Mr. Daul, Councilman Verdone, Mayor Dillon ABSENT: PC Hardwood Floors 50 Spring Street 2
Leased Area: 13,200 sq. ft. Wholesale Wood Flooring and Supplies Minutes of 03/21/17 The business will be open 5 days a week, Monday through Thursday 7:30 A.M. to 5:30 P.M. and Friday 7:30 A.M. to 1:00 P.M. The number of employees is 25 and the number of parking spaces is 48. The Waiver is Subject to the following Conditions of Approval: There is no change in overall impervious coverage based upon a swap of pavement from one area to another and that on a recommendation of the Planning Board Engineer this can be treated as a waiver of site plan rather than as amended site plan. A motion to approve the waiver, subject to the approval of the Construction Official, Board of Health and Fire Official, was made by Mr.Weber, seconded by Mayor Dillon. Roll Call: AYES: Mr. Carey, Mr. Kirk, Mr. Tochin, Mr. Weber, Ms. Woodbyrne, Mr. Hayward, Mr. Daul, Councilman Verdone, Mayor Dillon ABSENT: Mr. Cantor PUBLIC HEARING: Bryce Builders, LLC 150 Shadyside Road, Ramsey, New Jersey Block 2601, Lot 51 Hearing for purposes of approving proposed Settlement in the matter entitled: "Bryce Builders, LLC v. Borough of Ramsey Planning Board, Borough of Ramsey, Docket No. BER-L-7500-16 currently pending in Bergen County Superior Court, Law Division. The Hearing will be held in accordance with the requirements of the Whispering Woods v. Middletown Township decision, 220 N.J. Super 161 (Law Div. 1987). Mr. Steve M. Kalebic, Esq., 167 Main Street, Hackensack, N.J. appeared on behalf of the applicant. Mr. Whitaker said that there is a Resolution, dated September 6, 2016, that this Board passed in connection with the Bryce Builders application in which the proposal for a three (3) lot subdivision was denied. The Resolution of Denial for a three (3) lot subdivision included a roadway off of Shadyside Road and the fronting on a new proposed roadway with a proposal for a portion of the overall property, Block 2601, Lot 51, to be conveyed to the Borough of Ramsey. On the basis of that denial, the applicant has the right to institute a lawsuit, known as a Prerogative Writ in the Superior Court of New Jersey in Bergen County. The applicant did file and named The Planning Board, Borough of Ramsey, as well as the Governing Body of the Borough of Ramsey, as the party defendants. On the basis of that litigation and moving forward with answers being filed on the basis of the complaint, there were settlement discussions that emanated from the lawsuit and a proposal had been made for the settlement. Mr. Whitaker 3
presented Exhibit A-1, Stipulation of Settlement. Mr. Whitaker said that the Stipulation of Settlement is a document that is prepared without prejudice. That means if the matter doesn t settle, any of the terms of the settlement can t be used in court. Before the Planning Board can agree to the terms, it has to be bought forward in a public hearing. The public hearing and this requirement came from a case known as Whispering Woods vs. Middletown Tp., 220 N.J. Super 161. Mr. Whitaker said that the purpose of the hearing is to review the proposal and if the Board determines that the terms are acceptable, a resolution is prepared authorizing him to execute the Stipulation of Settlement and the lawsuit is dismissed with prejudice. Mr. Whitaker said that the subdivision that is being proposed for settlement will permit the property to be divided into two (2) buildings lots rather than three (3). On the basis of that, both lots will front on Shadyside. Each will have a single family dwelling unit built without the necessity for any variances. The front yard width is 125 per lot and the code requires 100, however, there is provision in the code that says that when you measure a lot, which needs to be 40,250sf in this zone, it needs to be measured within 230 of the front lot line. This provision is not met. Within 230 of the front lot line there is only 28,750sf, but the overall size of each lot exceeds 80,000sf. The plan indicates garages for each dwelling unit shall be side loading, and will show the location of the driveway cuts. The subdivision will be subject to Bergen County Planning Board approval/waiver, Bergen County Soil Conversation District approval, Ramsey Shade Tree Commission approval, Sewer Consultant for the Borough of Ramsey, Board of Public Works for the Borough of Ramsey. This will be binding upon the current owner/applicant and its successors and/or assigns. TESTIMONY OF ROBERT J. WEISSMAN, P.E. Mr. Weissman of Weissman Engineering, 686 Godwin Avenue, Midland Park, N.J. was sworn in and deemed a professional in the field of engineering. Mr. Kalebic presented Exhibit A-2, Minor Subdivision Plan, dated 3/20/17. Mr. Weissman described the two (2) lot subdivision. Mr. Weissman said that variance relief is requested for both lots which will have an area of 28,750sf within 230 feet of the front lot line, where 40,250sf is required. The lots will be fully conforming. A motion to approve the application subject to the following conditions was made by Mayor Dillon, seconded by Mr. Weber. Conditions: Subject to amendment Stipulation of Settlement by Mr. Whitaker and a submission of a revised plan by Mr. Weissman. Roll Call: AYES: Mr. Carey, Mr. Cantor, Mr. Kirk, Mr. Torchin, Mr. Weber, Ms. Woodbyrne, Mr. Hayward, Councilman Verdone, Mayor Dillon, ABSENT: INELIGIBLE TO VOTE: Mr. Daul Committee Reports: Subdivision Committee: Application Review Committee: Next Meeting: Thursday, March 30, 2017, at 4
12:00 P.M. Finance Committee: Vouchers/Performance Bonds/Letter of Credit: Motion was made by Mr. Weber seconded by Mayor Dillon and was carried, to approve the 03/21/17 CONSENT RESOLUTION recommending to the Mayor & Council payment of vouchers. All eligible members voted in favor. Master Plan & Zoning Committee: Procedures Committee: Capital Improvement & Public Lands: RESOLUTION Ramsey Auto Group, Block 3608, Lot 13 A motion to waive the reading of the resolution was made by Mr. Weber, seconded by Mr. Daul. A motion to approve the resolution as drawn was made by Mr. Weber, seconded by Ms. Woodbyrne. Roll Call: AYES: Mr. Carey, Mr. Cantor, Mr. Kirk, Mr. Torchin, Mr. Weber, Ms. Woodbyrne, Mr. Hayward Mr. Hayward, Councilman Verdone, Mayor Dillon ABSENT: NEW BUSINESS - None OLD BUSINESS - None ADJOURNMENT A motion was made by Mr. Weber, seconded by Mr. Carey, to adjourn the regular meeting at 9:00 P.M. 5