Category: PLANNING BOARD MEETINGS
FOR IMMEDIATE RELEASE West Long Branch, NJ - April 11, 2012
NOTE: The minutes of this meeting may be corrected and/or amended by the Board and will be approved at the next regular meeting. The corrections and/or amendments will be reported in the minutes of the next regular meeting.
OF THE PLANNING BOARD
OF THE BOROUGH OF WEST LONG BRANCH
October 11, 2011
The Regular Meeting of the Planning Board of the Borough of West Long Branch was held on October 11, 2011, 7:30 PM in Borough Hall. Adequate notice of the meeting was published in accordance with the Open Public Meeting Law.
Members Present: Greg Aikins
Steven Cioffi, Councilman Richard Cooper, Jr., Board Chairman
Joseph Gallo, Board Secretary
James Miller, Code Enforcement and Zoning Officer
Janet Tucci, Mayor
Members Not Present: James Meola
Others Present: John Kennedy, Board Administrator
George Cieri, Esq., Board Attorney
Bob Stetz, P.E., Board Engineer
Susan Woodroffe, Board Clerk
Lisa Norman, C.S.R.
Mr. James Miller, West Long Branch Code Enforcement and Zoning Officer, was sworn in by Mr. Cieri as a Class 2 Board Member, to an unexpired term through 2012.
REVIEW AND APPROVAL OF THE MINUTES
The minutes of the August 9, 2011 regular meeting should be corrected as follows:
Mr. Jensen indicated a clerical error on page 1. The Mayor's name is listed twice under Members Present and should be listed once.
Councilman Cioffi moved to approve the minutes of the August 9, 2011 regular meeting as corrected, seconded by Mr. Jensen, and carried upon the following roll call vote:
AYES: Councilman Cioffi, Mr. Cooper, Mrs. Elfner, Mr. Jensen, Mayor Tucci
Not Polled: Mr. Aikins, Mr. Gallo, Mr. Miller
The minutes of the September 13, 2011 regular meeting should be corrected as follows:
Mr. Jensen suggested that we clarify the minutes by indicating that on page 1, Items of Business, Planning Board Clerk Letter, that the letter was a resignation letter from Candace Mitchell, former Board Clerk.
Mr. Jensen suggested that the minutes be amended on page 2, paragraph 4, from: “K-Mart will look into maintenance of the detention basin and look into stream encroachment, “ to indicate that K-Mart agreed to look into remediation of the runoff from their parking lot into Turtle Mill Brook and that they also agreed to clean out the basin.
Mr. Jensen asked for clarification on page 2, paragraph 12, regarding what was meant by, “She stated that to start she would operate in West Long Branch.” Councilman Cioffi suggested amending the minutes by combining paragraph 12 and paragraph 13 to satisfy the clarification requested by Mr. Jensen.
Councilman Cioffi moved to approve the minutes of the September 13, 2011 regular meeting as corrected, seconded by Mrs. Elfner, and carried upon the following roll call vote:
AYES: Mr. Aikins, Councilman Cioffi, Mr. Cooper, Mrs. Elfner, Mr. Jensen, Mayor Tucci
Not Polled: Mr. Gallo, Mr. Miller
ITEMS OF BUSINESS
Mr. Jensen updated the Board regarding the progress of the committee appointed to review and revise the application process for the Planning Board. Mr. Jensen stated that the committee met on Thursday, October 6, and made a good start. The committee plans to utilize T&M's 2002 submission for checklist and ordinance revisions, going through the document line by line. The committee will meet again on November 21.
MATTERS BEFORE THE BOARD
2011-05: Emelan Properties, Block 14, Lots 9, 10, 852 Broadway
Preliminary and Final Site Plan
Mrs. Elfner opened a discussion regarding a letter dated October 6, 2011 from Bresnicoff, Bresnicoff & Widdick, requesting an adjournment of the matter until the November meeting. Mr. Cieri stated that he had spoken with Mr. Widdick, who explained that as a result of the hearing last month, the applicant would need more time to revise certain items in the plans to satisfy the Board.
After discussion about how many adjournments should be granted on this application, and whether the applicant should have to renotice, Councilman Cioffi made a motion to grant the application be carried to the next meeting with the stipulation that Counsel writes a note notifying the applicant that this adjournment will be the last postponement. The motion was seconded and carried upon the following roll call vote:
AYES: Mr. Aikins, Councilman Cioffi, Mr. Cooper, Mrs. Elfner, Mr. Gallo, Mr. Jensen,
Mr. Miller, Mayor Tucci,
Thomas A. Thomas, PP, Thomas Planning Associates, LLC:
Review of Recycling Plan Element Requirements of the Master Plan
Mr. Andy Thomas took the floor and explained how the state and county requirements for a recycling plan element of the master plan has come about. It is because of new state and county amendments that municipalities have been preparing or updating their recycling plan elements. A major goal of the amendments is to get the recycling rates back up. Recycling rates have been dwindling over the past 8 to 10 years. Mr. Thomas explained that the recycling plan element presents a brief history of recycling in the Borough, reviews the Borough recycling center, mentions semiannual recycling events, talks about the responsibilities of the recycling coordinator, and gives some guidelines to the Planning and Zoning Boards. The plan also includes violations for not recycling and how the Borough publicizes its recycling program. The recycling plan element is consistent with the ordinance that was just passed, and there is nothing in the plan that differs from what is already happening in the Borough. The plan requires a public hearing and a resolution to be passed.
Lori Cole was sworn in, and Mr. Cieri ascertained that the public notice had been duly advertised. Mr. Cooper opened the public hearing and, seeing no one had questions or comments, closed the meeting to the public.
Mr. Jensen made a motion that the Board adopt the recycling plan as an element of the master plan. The motion was seconded by Mr. Cooper and carried upon the following roll call vote:
AYES: Mr. Aikins, Councilman Cioffi, Mr. Cooper, Mrs. Elfner, Mr. Gallo,
Mr. Jensen, Mr. Miller, Mayor Tucci,
Thomas A. Thomas, PP, Thomas Planning Associates, LLC:
Re-examination of Master Plan
Mr. Cooper introduced the next order of business, the draft reexamination report. Mr. Cooper explained that the most recent draft updates all the items that were discussed relative to the review of the previous master plan from 2005. The process is to review the previous master plan review and determine what changes have occurred since then, what the Board has done to address those recommendations in the previous master plan, and come up with new recommendations for the current reexamination report. Mr. Cooper invited Mr. Thomas to briefly go over those recommendations.
Mr. Thomas explained that the reexamination report presents each of five required items and goes into detail for each item. He explained that the law has just changed in May 2011 requiring a reexamination report every ten years instead of every six years, but since the planner and Board have come this far in preparing this report, the Board can certainly go ahead and continue on and adopt this one.
Items of the past six years include the change of some portions of Route 36 from IC to commercial in the master plan and zoning ordinance. As far as planning is concerned, the report gives an explanation of the housing plan and the builder's remedy court settlement with Avalon Bay. The report provides the zoning changes for the three inclusionary sites that resulted from the housing plan. Specific changes that are recommended in the master plan include that a new housing plan may be required, depending on what happens with the Department of Community Affairs or the courts. COAH has been disbanded, and responsibility has moved to DCA for affordable housing. One of the recommendations is to update the existing land use map and text that was last prepared in 2003. That would be in conjunction with any new affordable housing requirements or regulations that will come into effect. Specific recommendations for the land use and development regulations, affordable housing regulations, and also the land subdivision regulations should be updated in accordance with Municipal Land Use Law. Currently they are in accordance with the laws of 1953 which predated the Municipal Land Use Law.
There is a specific zoning regulation change which includes undersized lots of record. It says that if you have an undersized lot of record prior to the date of the adoption of the ordinance, you may use the lot for any purpose permitted in the zone, as long as the minimum area, lot width, side yard, and setbacks are not less than seventy-five percent of the requirements in the zoning. This regulation has been in place, but the definition has been changed by adding the side yard as well.
Another recommendation is to prepare a map showing freshwater wetlands and the flood plains within the Borough. That map would assist residents, the zoning officer, the construction official, and Boards as to where potential development and restrictions could occur.
The last item required by the reexamination report is redevelopment. It asks whether there are any areas of redevelopment in the Borough, and the report states that the Planning Board finds that there are no areas in the Borough that require redevelopment in accordance with local redevelopment law.
Thomas and Thomas Planning Associates has prepared a resolution for the Board's consideration for the adoption of the reexamination report.
Mr. Cooper asked that unless there is further discussion by the Board, someone move the resolution adopting the reexamination report.
Mr. Cioffi moved the resolution adopting the reexamination report. The motion was seconded by Mr. Aikins and carried upon the following roll call vote:
AYES: Mr. Aikins, Councilman Cioffi, Mr. Cooper, Mrs. Elfner, Mr. Gallo,
Mr. Jensen, Mr. Miller, Mayor Tucci
2011-8: K-Mart, 136 Monmouth Road, Block 69, Lot 3
ADA Barrier Renovations – Resolution
Mr. Cooper stated that the representatives from K-Mart are in attendance, that a draft resolution has been prepared and circulated, and that at this juncture it would probably be best for the representatives from K-Mart to address concerns to the Board.
Mr. Peter Baker, attorney representing the applicant, stated that there are three areas of concern: first, in the opening paragraph there is a concern with the corporate information listed. The second issue, in paragraph 12, is a discussion of fire alarms. Currently, there is dialog with the fire official to determine what precisely is the scope of the work that needs to be done. Mr. Baker stated that he wants to reword the resolution specifically to state that K-Mart will do the work required to bring it up to code if said work is required to bring it up to the code. He stated that he simply wants to reword the resolution to reflect that the update will be performed as needed and to the extent needed to bring it up to the township's code.
Councilman Cioffi asked whether the inspectors have given the corporation or attorney a checklist of what needs to be done. Mr. Baker stated that they do not have a formal checklist. They are in dialog and there will be a walk-through scheduled. Councilman Cioffi asked whether they would follow whatever recommendations were offered. Mr. Baker stated that they will follow the recommendations to the extent that the construction and fire codes require the updates. Mr. Baker continued that in the final section of the proposed resolution, he simply wants to reword the paragraph to reflect that the work will be done as needed.
Mr. Cieri agreed to reword the paragraph 12 to say that K-Mart will comply with all mandatory requirements. There was discussion among Mayor Tucci, Mr. Baker, Mr. Cieri, and Mr. Aikins regarding whether the necessary work to be done has been made clear by the fire official. Mr. Baker reiterated that there will be a walk-through to determine what needs to be done, and he stated that he would like the resolution to reflect that the applicant will bring the fire alarm system into compliance with the code. Mr. Baker suggested the paragraph be amended to read as follows, “The applicant has agreed to update the fire alarm system at the subject property to the extent necessary to be compliant with all mandatory requirements contained in the applicable fire code and construction code upon completion of the proposed work.”
Mr. Jensen asked for clarification of the problem with the original wording, and Mr. Baker explained that the proposed resolution says there will be an update of the fire alarm system, and his client does not want to agree to perform an update that is not required under the code.
Mr. Cieri agreed that paragraph 12 would be rewritten as Counsel has put forth, and the wherefore clause would eliminate paragraph 1 which says subject to all restrictions set for in paragraph 12.
Councilman Cioffi moved to approve the resolution with the changes indicated by Mr. Cieri. The motion was seconded by Mr. Gallo, and carried upon the following roll call vote:
AYES: Councilman Cioffi, Mr. Cooper, Mrs. Elfner, Mr. Gallo, Mr. Jensen, Mayor Tucci
NOT POLLED: Mr. Aikins, Mr. Miller
Mayor Tucci moved that the meeting adjourn, seconded by Mr. Gallo, and carried upon unanimous vote, whereupon the proceeding was concluded at 8:32 PM.
There being no further business before the Board, the meeting was adjourned at 8:32 PM.
Candace B. Mitchell