Planning Board Public MEeting Minutes 20170218

The following minutes are a summary of the Planning Board meeting of February 18, 2014. For more detailed information, interested parties may request a CD recording of the meeting from the Board Secretary for a fee.

Call to Order & Statement of Compliance with the Open Public Meetings Act: Chairman Nalbantian called the meeting to order at 7:30 p.m. The following members were present: Ms. Bigos, Councilman Pucciarelli, Chairman Nalbantian, Mr. Reilly, Mr. Joel, Mr. Grant, Ms. Dockray, and Ms. Peters. Also present were: Gail Price, Esq., Board Attorney; Blais Brancheau, Village Planner, and Jane Wondergem, Board Secretary. Mayor Aronsohn and Mr. Hurley were absent.

Public Comments on Topics not Pending Before the Board – No one came forward at this time.

Correspondence received by the Board – Ms. Wondergem said there was none.

Dean J. Cerf, 436, 440 & 448 Farview Ave., Block 1702, Lots 21.01, 22.01, 22.02 - Andrew Kohut, Esq. entered his appearance on behalf of the applicant and gave the background of the application. Mr. Kohut explained that Dr. Cerf obtained subdivision approval in 2006 for this property and is in the process of developing the property. One of the conditions of approval was the requirement for underground utilities, however, Mr. Kohut stated that Dr. Cerf met with PSE&G and was told that they will not go underground across the street for the installation of the utilities.

Dr. Dean J. Cerf, 320 East Ridgewood Avenue, owner of the property, was sworn by Ms. Price. Mr. Kohut marked the overhead wires location plan prepared by Lapatka Associates, dated December 6, 2013, as Exhibit A-1. Dr. Cerf explained the options he was given by PSE&G regarding the installation of the utilities. One option was to add telephone poles in front of the new houses and then put the wires underground. Dr. Cerf stated he did not want the additional poles as they would be an esthetic detriment. Dr. Cerf said he requested that they use overhead wires from the existing poles across the street.

The Board members asked for clarification regarding the options given by PSE&G, and asked if there was proof of the denial from PSE&G. Dr. Cerf explained that the Engineering Department was involved and Mr. Brancheau stated that he was also involved and that he saw emails from a PSE&G representative explaining state regulations. The Board members asked about impact on the trees and Mr. Kohut said there would be none. The Board members asked if there was an appeal process and Dr. Cerf explained that the house needs to go on the market and time is an issue and Mr. Kohut said there is conflicting state regulation issues.

Mr. Brancheau was sworn by Ms. Price and his report dated December 17, 2013 was marked as Exhibit B-1. Mr. Brancheau went through his report and explained the contradiction in the law and the difference between a variance and an exception.

After Board deliberation a motion was made that the modification to the resolution be approved with the condition that the email evidencing the denial to install the wires underground remains in the file. The Board voted to approve.

8:13 p.m. – Discussion re: Review of North Walnut Street Redevelopment Plan – Chairman Nalbantian said this is a follow up of the 2007 action taken by the Board and the Council. Councilman Pucciarelli read a statement from Mayor Aronsohn communicating to the Board urging them to move forward with this plan. Councilman Pucciarelli said that he feels the property is underutilized and has the appearance of blight. An applicant came before the Council with an interest in developing the town garage site with an assisted living facility which would also include the construction of a garage. Councilman Pucciarelli said that could not be accomplished under the present guidelines of the redevelopment plan.

Mr. Brancheau referred to the present redevelopment and his memorandum dated December 13, 2013. Mr. Brancheau explained what a redevelopment plan is and the background of the 2007 North Walnut Street Redevelopment Plan. Since that time several proposals were solicited from various developers but none of them moved forward. Mr. Brancheau identified the properties included in the redevelopment area. Mr. Brancheau went through his memorandum and explained the recommended revisions including amending the list of permitted, conditional and prohibited uses, permitting drive-in banks and pharmacies, permitting certain outdoor recreational uses. Mr. Brancheau said that disparate height regulations for parking decks and other structures should be reconciled, side yard and rear yard requirements, minimum floor area and maximum density standard should be amended. Mr. Brancheau recommended that the affordable housing requirements should be amended, only the properties within the Village Center Historic District should be subject to the historic district design guidelines and that development by government entities should be exempted from formal site plan approval requirements.

Board members said that they would like the redevelopment area to be part of the historic district in an advisory capacity. Other Board comments included allowing assisted living on ground floor rather than above retail. There was Board discussion regarding the assisted living facility and the parking facility and how much parking would be for the facility versus parking for the public. Some Board members were concerned about the height of the facility and if it was appropriate for this location. There was Board discussion regarding the pros and cons of the idea of an assisted living facility, parking structure, number of parking spaces. There was Board discussion regarding the recommended changes to the 2007 redevelopment plan. There was discussion regarding the economic issues, traffic impact, health care facilities and the benefits to the Village.

Chairman Nalbantian asked Mr. Brancheau to come back to the Board with recommendations. Mr. Brancheau said that the Board needs to keep the discussion active. The Board will continue the discussion at the March 18 meeting.

9:47 p.m. – Discussion re: Referral of Draft Shade Tree Ordinance by Village Council – Councilman Pucciarelli gave an introduction and cited the concerns brought to the Council which included raising public awareness on the importance of saving trees. The Shade Tree Commission was formed to educate the public in regards to the benefit of preserving and planting trees. Councilman Pucciarelli said another thought was to include trees in the development process. Councilman Pucciarelli said a sensible tree ordinance which would not overburden the developers, homeowners and Village staff would be welcome.

Mr. Brancheau referred to a draft ordinance which he gave the Board. Mr. Brancheau said the ordinance would not be easy to administer or comply with as it would impose a burden on staff and residents. Mr. Brancheau said the draft ordinance is a comprehensive approach to preservation and replacement of trees and that he would prefer to discuss the overall approach and guidelines.

Chairman Nalbantian asked Mr. Brancheau if he could simplify the ordinance and Mr. Brancheau said he would like the Board to have a discussion on approach before he revised the ordinance. The Board members asked for additional information on the purpose of the Shade Tree Commission. Mr. Brancheau said the ordinance would only include trees on private property and he explained what regulations already exist.

Chairman Nalbantian asked what prompted this and Ms. Bigos, a Parks and Recreation professional and REAC Committee volunteer said that the trees need to be maintained and replaced. Ms. Bigos said that Parks and Recreation met with REAC and formed a subcommittee and discussed issues regarding planting the right trees the right way in the right locations and looked at what other towns had in place in regards to this issue. Ms. Bigos said the Shade Tree Commission should have an opportunity to review the draft document and discuss it with the Council.

The Board had discussion to identify the issues and what the Village needs in an ordinance or if the Village needs to deal with the issue in an ordinance. Ms. Price said that the Board already addresses landscaping in regards to development applications.

Councilman Pucciarelli said that the recommendation of the Board should be that there are existing ordinances in the Village Code that protect trees in critical areas, that the landscaping plan is an important component that is reviewed by the Planning Board, that the Shade Tree Commission identify the issues the ordinance should address and that there should be a voluntary registration of trees orchestrated by the Shade Tree Commission. The Board members agreed with the recommendation. Mr. Brancheau will draft a letter to the Council with those recommendations.

10:30 p.m. – Other Business - Chairman Pucciarelli read a statement into the record regarding his participation in the work sessions regarding zoning changes for the CBD to permit multi-family housing but that he recused himself when the Dayton project was addressed separately. Chairman Pucciarelli said that he recused himself entirely from the discussions when the consideration of zoning changes for the CBD evolved into a single amendment to the Master Plan that would include the Dayton site. Chairman Pucciarelli said he has not and will not participate in any of the public hearings so long as the Dayton site is included in the areas covered by the proposed amendment.

The meeting was adjourned at 10:33 P.M.

                                                                        Respectfully submitted,

                                                                        Jane Wondergem

                                                                        Board Secretary

Date approved: December 16, 2014