Planning Board Minutes of the Meeting July 17,2018 The Livingston Planning Board met for a Conference Meeting at 7:30 P.M. in the Conference Room of the Municipal and Police Building, 357 S. Livingston Avenue, with a Regular Meeting scheduled to follow at 8:00 P.M. in Chambers. Notice of the Meetings was published in accordance with law and posted on the Municipal and Police Building bulletin board. Conference Meeting: At 7:30 P.M. Secretary Coombs-Hollis announced that proper notice had been given and called the Roll: Present: Peter Klein, Chairman Absent: Richard Dinar, Vice Chairman Rudy Fernandez Martin Kalishman Nathan Kiracofe * Barry Lewis, Jr. Sanjay Nambiar Samuel Ratner Michael Rieber Stephen Santola** Jill Wishnew Richard Vallario, Attorney Rocco Marucci, Assistant Engineer Catherine Maddrey, Planning Assistant * Joined the Meeting at 7:35 P.M. **Joined the Meeting at 7:41 P.M. 1. Minutes. The Minutes of June 28, 2018 were accepted as presented. 2. Old Business. (a) The Board concurred in the recommendations of the Engineer and the Environmental Commission and granted the check list waivers request by the Applicants 34 South Livingston Avenue LLC, 19 Lab Associates and CP Management Group II LLC in the matters to be heard at tonight s Regular Meeting. (b) Consideration of Proposed Memorializing Resolution Jorge Taboada - 201 8-29-PFSPV- All eligible Members present having confirmed that they had read the Resolution, had no questions or comments, and felt that it was ready for a vote; upon motion made and seconded the Memorializing Resolution was adopted by the 1
affirmative votes of Members Fernandez, Lewis, Ratner, Rieber, Alternate No. 1 Nambiar (in place and stead of Member Santola) and Member Klein; they being all of the Members then present and eligible to vote. (c) Consideration of Proposed Memorializing Resolution LifeTown, Inc. Application No. 2012-48-PFSPV (Amendment) - All eligible Members present having confirmed that they had read the Resolution, had no questions or comments, and felt that it was ready for a vote; upon motion made and seconded the Memorializing Resolution was adopted by the affirmative votes of Members Fernandez, Kiracofe, Lewis, Ratner, Rieber, Alternate No. 1 Nambiar (in place and stead of Member Santola) and Member Klein; they being all of the Members then present and eligible to vote. (d) (e) Consideration of Proposed Memorializing Resolution Qiang Sun and Yali Sun Application No. 2012-48-PFSPV (Amendment) - All eligible Members present having confirmed that they had read the Resolution, had no questions or comments, and felt that it was ready for a vote; upon motion made and seconded the Memorializing Resolution was adopted by the affirmative votes of Members Fernandez, Lewis, Ratner, Rieber, Alternate No. 1 Nambiar (in place and stead of Member Santola) and Member Klein; they being all of the Members then present and eligible to vote. Board Attorney Vallario reported that the resolution in St. Barnabas Medical Center Application No. 20 12-30 - PFSPV (Amendment) was not ready for consideration. 3. New Business. Review of Ordinances Upon Referral after First Reading (a) (b) Ordinance No. 9-2008 The Board noted that the Proposed Ordinance would extend to the D-S2 and CI districts the prohibitions contained in enacted Ordinance No 8-2018, as to which Ordinance the Board had found substantial compliance with the Master Plan. Accordingly the Board made the same findings as to this Proposed Ordinance. Ordinance No. 10-2018 The Board found that this Proposed Ordinance would clarify one sentence in Code 170-91.1 without any change in the intent. The Board concluded that it is in substantial compliance with the Master Plan. 2
(c) In respect of Applications Nos. 2017-69-PFSPV, 2017-66-PFSPV, 2017-73-MSUB and 2017-83-PFSPV, all on the Regular Meeting agenda for this evening, there was unanimous grant of all check lists waivers requested. 4. Adjournment. The Conference Meeting adjourned at 7:47 P.M. Regular Meeting At 8:00 P.M. Secretary Coombs-Hollis announced that proper notice had been given and called the Roll: Present: Peter Klein, Chairman Absent: Richard Dinar, Vice Chairman Rudy Fernandez Martin Kalishman Nathan Kiracofe Barry Lewis, Jr. Sanjay Nambiar Samuel Ratner Michael Rieber Stephen Santola Jill Wishnew Richard Vallario, Attorney Rocco Marucci, Assistant Engineer Catherine Maddrey, Planning Assistant Michael Pessolano, Planning Consultant Preliminary & Final Site Plan with Variances (Continued from June 5, 2018) Block: 3807; Lot: 8 34 South Livingston Avenue Application No. 2017-69-PFSPV 34 South Livingston Avenue LLC B-i Zone Applicant proposes changes to the building, including façade, reconstruction of an outdoor seating area including a wall and fence, a trash enclosure, one parking space and a loading area in front of that enclosure, relocation of a handicap parking space, new wall signs and a monument sign. Appearance for the Applicant: Barry Evenchick, Esq. 3
Witnesses for the Applicant: Jim O.Brien, Architect Stephen E. Parker, P.E. The Applicant presented changes in its plans since the June 5th session. From 9:20 to 9:28 the Board was in recess to allow the witnesses and attorney for the Applicant to confer with the Applicant. After further changes were agreed to by the Applicant, and there being no questions from or testimony by members of the public, the evidentiary record was closed. After discussion, upon motion by Member Santola and second by Member Lewis, the Board, subject to a Memorializing Resolution, approved the Application as changed and subject to agreed variances and conditions. Voting in favor were Members Fernandez, Kiracofe, Lewis, Ratner, Rieber, Santola, Alternate No. 1 Nambiar (in place and stead of Member Dinar), Alternate No. 2 Wishnew (in place and stead of Member Kalishman), and Member Klein; they being all of the Members present. 2. Minor Subdivision and Preliminary & Final Site Plan with Variances Block: 3803; Lot: 3 92 South Livingston Avenue Applications Nos. 2017-73-MSUB and 2017-83-PFSPV Lightbridge Academy and Starbucks CP Management Group II, LLC B-i Zone Applicant proposes to subdivide existing Lot 3to create two new lots. The presently vacant building would be expanded on one of the new lots as a childcare center. A drive-thru Starbucks is proposed to be constricted on the second new lot. Appearance for the Applicant: Stephen A. Geffner, Esq. At 10:00 P.M., in light of the late hour and one more hearing scheduled before the hearing on this Application could begin, Applicant, agreeing to extension of the Board s time to reach a decision on the Application, requested and received an adjournment to August 9, 2018 with no further notice by the Applicant required. 3. Preliminary and Final Site Plan with Variances (Adjourned from May 1, 2018) Block: 102; Lot:13 19 Microlab Road Application No. 2017-66-PFSPV 19 Lab Associates, LLC CI Zone 4
Applicant proposes to re-stripe parking area for the creation of 52 parking stalls to include overnight van and truck parking, construction of a handicap accessible ramp, and construct a refuse area. Appearance for the Applicant: Witness for the Applicant: John P. Wyciskala, Esq. Michael T. Lanzafama, P.P. & P.E. There being no questions from or testimony by members of the public, the evidentiary record was closed. Upon motion by Member Lewis and second by Member Ratner and opportunity for discussion, the Board, subject to a Memorializing Resolution, approved the Application with variances and conditions. Voting in favor were Members Fernandez, Kiracofe, Lewis, Ratner, Rieber, Santola, Alternate No. 1 Nambiar (in place and stead of Member Dinar), Alternate No. 2 Wishnew (in place and stead of Member Kalishman), and Member Klein; they being all of the Members present. 4. Adjournment. The Regular Meeting adjourned at 10:26 P.M. Respectfully submitted, 5