Minutes · Aug 18, 2016
August 18, 2016
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Chairman Neuer asked Mr. Barberio if he reviewed the memo from Bowman Consulting dated 8/15/16; he replied yes. Mr. Barberio said that they will provide a copy of the survey that Bowman Consulting requested in the memo. Mr. Barberio referred to item #3 in the memo from Bowman Consulting regarding the retaining wall and said that they will provide a detail for the retaining wall. He said that there will not be any grading change and that they will provide a topographic drawing as requested. Ms. Moore referred to item #4 in the memo from Bowman Consulting and asked Mr. Barberio to comment on the lot area calculation discrepancy. Mr. Barberio stated that his calculations were done on his computer and he calculated the lot area within the boundary lines; he said that is the reason for the discrepancy. Chairman Neuer asked Mr. Barberio if he is a licensed surveyor; he replied no. Ms. Moore referred to item #5 in the memo from Bowman Consulting regarding the discrepancy of the dates of the survey submitted with the application and the survey referenced in the site plan and said that the survey that was submitted with the application is the one they will go by for the revised plans that are required to be submitted. Ms. Moore presented the survey of the property dated 7/17/15 that was marked as Exhibit A-2 for identification. Mr. Barberio referred to Exhibit A-2 and noted the driveway easement on the survey located in the rear corner of the lot. He stated that it is approximately forty five (45) feet from the play area and is not near any of the proposed parking spaces. Mr. Barberio stated that the driveway easement will not have any impact on what is being proposed. Chairman Neuer asked Ms. Moore if she has a copy of the easement; she replied no. Ms. Moore stated that she could not locate a driveway easement in the title search but it is on the survey. She said her client went to the Township inquiring about the easement and there is no record of any driveway easement. Ms. Keller stated that the driveway easement is shown on the survey dated 7/17/15 but is not shown on the survey dated 3/7/16 and asked Ms. Moore if anyone asked the licensed surveyor about the driveway easement; she replied no that it might have been a mistake. Chairman Neuer stated that when the Board deals with an easement they must know all of the details of the easement. He advised Ms.
driveway easement; she replied no that it might have been a mistake. Chairman Neuer stated that when the Board deals with an easement they must know all of the details of the easement. He advised Ms. Moore to order a new title search because the driveway easement may have an impact on this application. 11
Ms. Gabry asked Ms. Moore if she looked into the developer’s agreement and were there any restrictions regarding this use; she said the only developer’s agreement she saw was from 1956 and they were required to have a garage. Mr. Keller stated that he did not receive a copy of the survey dated 7/17/15; he only received a copy of the survey dated 3/7/16 and his comments in his memo are based on that survey. Mr. Keller said that there a many discrepancies in the surveys. Chairman Neuer said there are many open title questions and actual title work must be done. Chairman Neuer advised Ms. Moore to provide a copy of the survey with a raised seal and copies of the instruments for the driveway easement. He said that the Board is not going to vote on this application until these copies are submitted. Ms. Moore noted that the survey dated 3/17/16 that was submitted with the application had a raised seal. Mr. Keller stated that as long as the Board Secretary has a copy of the survey with a raised seal that is acceptable. He said that he needs only one survey that the applicant is relying upon in support of this application. Chairman Neuer stated that the survey should show the driveway easement and instruments and that the final survey that is submitted is what the Board will rely upon in reviewing and rendering a decision on this application.. Chairman Neuer advised Ms. Moore that the topographic survey that is required must also be sealed. Mr. Barberio continued with his testimony addressing the comments in the Bowman Consulting memo dated 8/15/16. He said that item #7 will be addressed by the traffic engineer and the applicant will provide testimony regarding item #8. Mr. Barberio addressed item #9 and stated that there was an error on the drawings; there will be six (6) parking spaces, not four (4) parking spaces. Mr. Barberio stated that they will provide wall and fence details as requested in item #10 and item #11. 12
Ms. Gabry asked Mr. Barberio how far the handicap parking space was from the building; he said approximately twenty seven (27) feet. Ms. Gabry asked Mr. Barberio if there will be pavers from the handicap parking space to the building; he said no it will be paved. Mr. Keller stated that there is no specific distance required from the handicap parking space to a building; he said the closest parking space is acceptable for the handicap space. Mr. DarConte asked if there is a parking space requirement based on the number of children enrolled; Chairman Neuer stated that the parking space requirement is based on the number of employees. Mr. DarConte asked Mr. Barberio if the residents are not working that day, will there still be enough parking spaces; he replied yes but without explanation. Chairman Neuer asked Mr. Barberio if the grassy play area is 3,563 square feet; he replied yes. Chairman Neuer asked Mr. Barberio to state the required square footage of a play area for a day care center; he said the applicant can answer that question. Chairman Neuer stated that he thought he read somewhere that two outdoor play areas were being proposed and asked Mr. Barberio if that was correct; he replied no there is only one outdoor play area. Chairman Neuer asked Mr. Barberio to describe the egress and ingress to the outdoor play area; he said that there are two gates from the play area; one in the rear of the play area and one near the drop off spot. Chairman Neuer asked Mr. Barberio if there is a fence between parking spaces three (3) and four(4) and the entrance to the house; he said yes. Chairman Neuer asked Mr. Barberio delineate the two (2) drop off spaces, he referred to Exhibit #1 and delineated parking spaces #3 and #4. Chairman Neuer asked Mr. Barberio if parking spaces #3 and #4 are for drop off only or can cars park there. 13
Ms. Moore stated that there are only certain times of the day designated for drop off in the morning and pickup in the afternoon and the applicant will testify to those times. She said other than those times, cars can park in those spaces. Chairman Neuer asked Mr. Barberio what parking space on Exhibit A-1 is designated for handicap parking; he said parking space #2. Chairman Neuer asked Mr. Barberio if the pavement is totally paved from the handicap parking space to the building; he replied yes. Mr. Keller asked Mr. Barberio if he was standing in the street looking at the house, how close is the house to the right of the property; he said it is at lease thirty (30) to forty (40) feet away. Mr. Keller asked Mr. Barberio who determined what two trees were to be removed and what trees were to remain; he said that he picked them out with the home owner. Mr. Keller asked Mr. Barberio if any trees will be in the fenced in play area or in between that area; he replied no. Mr. Keller asked Mr. Barberio if the grade will remain the same when they replace the retaining wall at the east side of the property; he said that the grade will be four and a half (4 %) feet lower. Mr. Keller stated that he has a concern with the grade becoming lower and advised the applicant to install a drain. Mr. Keller asked Mr. Barberio if the proposed paving was included in the impervious coverage calculations; he replied yes. Mr. Keller asked Mr. Barberio where the hard surface between parking spaces #3 and #4 ends; he said it ends at the fence. Chairman Neuer stated that the site plans will not be approved unless they contain appropriate notes and designation utilizing standard engineering language. Mr. Keller stated that the bollards in the open access must be dimensioned on the plans. 14
Mr. Barberio stated that there will be a minimum of three (3) feet between the bollards. Mr. Keller asked Mr. Barberio if the seven (7) foot ceiling height in the day care space meets code; he replied yes. Mr. Keller asked Mr. Barberio if the handicap parking space meets the grading requirement; he said that it is fairly flat in that area. Chairman Neuer stated that, to answer that question, a topographic survey is required. Ms. Gabry asked Mr. Barberio if a swing gate allows a wheelchair to get through it because it seems very cumbersome to her; he said that someone can provide assistance if need be. Ms. Keller asked Mr. Barberio how hedges can be planted around the parking area in asphalt; he said that there is not asphalt where the hedges are being planted. Mr. Barberio said that the existing asphalt in that area is broken up and not in the best condition. He said that the applicant would like hedges planted around the parking area so it is screened in. Chairman Neuer reminded Mr. Barberio that they must dispose of the broken pavement properly. Mr. Keller said he will suggest that the broken pavement be removed and have grass planted in that area. Mr. Sussman stated that he is concerned that the seven (7) foot ceiling height in the day care space is too low and asked Mr. Keller to check the requirement for that. Chairman Neuer asked Mr. Barberio what they will do with the fill when excavating is done; he said the contractor will take it away from the site. Chairman Neuer advised Ms. Moore that the applicant will need to provide testimony from a licensed professional engineer because the drainage and topographic work is beyond Mr. Barberio’s expertise as an architect. Mr. Grossman asked Mr. Barberio what the interior dimensions of the day care space is; he said the room is approximately sixteen (16) feet wide and twenty eight (28) or twenty nine (29) feet long. 15
Mr. Grossman asked Mr. Barberio if that includes the sick room; he said no. Mr. Grossman asked Mr. Barberio if the day care area is sufficient space to take care of twenty (20) children; he said yes. Chairman Neuer asked if any members of the public had any questions for Mr. Barberio. Rosary Morelli approached the podium and stated that she lives at 22 Ralph Road. Ms. Morelli asked Mr. Barberio if the parents will be dropping off their children at the driveway or if there is a front entrance of the home that the children can enter; he said they will enter the driveway to drop off their children. Mr. Barberio said that drop off will not be at the curb in front of the house. Ms. Morelli asked Mr. Barberio if there are four (4) large vehicles parked in the driveway will there be enough space for children and parents to walk in the walkway. Chairman Neuer clarified and stated that the vehicles will not park in the driveway but in the proposed parking spaces in the rear of the home. Mr. Barberio referred to Exhibit A-1 and denoted where the parking spaces in the rear of the home are proposed and stated that there is room for the parents and children to walk. Ms. Morelli asked Mr. Barberio if they will need to park on the street. Chairman Neuer advised Ms. Morelli that their traffic expert will address that question. There were no further question for Mr. Barberio. Chairman Neuer called for a recess at 9:44 pm. Chairman Neuer resumed the meeting at 9:56 pm. Ms. Moore called the applicant as her next witness. 16
Daniela Piacenza approached the podium and was sworn under oath. Ms. Piacenza stated that she lives at 14 Manger Road with her husband and two children. Ms. Moore asked Ms. Piacenza when her husband leaves for work in the morning; she replied between 7 and 7:30 am. Ms. Piacenza detailed her educational background here in the United States and in Venezuela. She said that she currently completed one hundred and twenty hours towards her child development associate credentials. Ms. Moore asked Ms. Piacenza if she is currently employed; she said that she works as a market researcher for a consulting company. Ms. Moore asked Mr. Piacenza why she wants to open a day care in a portion of her home; she said that having two small children of her own she was not very happy with the day cares that were available in the area. Ms. Piacenza said that she volunteered in some of the day cares and she enjoyed it. She said that her present work requires traveling and she does not want to travel anymore because that is not compatible with having two small children. Ms. Piacenza said that she and her husband decided that they wanted to do something good for the community and the people who live around them. She said that they feel that by starting a good day care it can shape the future of children. Ms. Moore asked Ms. Piacenza if the elementary school across the street from her home influenced her into starting a home day care; she replied no. Ms. Moore asked Ms. Piacenza how she determined the number of children that will attend her home day care; she said Chapter 122, which is the manual for what is required for a child day care center, is very specific regarding the ratio of adults per child and the square footage required per child. Ms. Piacenza stated that thirty five (35) square feet per child indoors and outdoors is required per child. She said that she can accommodate up to twenty (20) children maximum in her home according to those requirements. Ms. Moore asked Ms. Piacenza why she chose to run the day care center out of her home and not 17
to rent a commercial space; she said that she is changing careers and does not have the money to rent a commercial space. Ms. Moore asked Ms. Piacenza what are the ages of the children that would be enrolled in her day care center; she said infants up to five (5) years of age. Ms. Moore asked Ms. Piacenza what the hours of operation will be for the day care; she said 7:00 am to 6:00 pm Monday to Friday. Ms. Moore asked Ms. Piacenza what type of curriculum she will offer the children; she said that after researching different curriculums, she determined that she will offer what is called a “creative curriculum’ that includes developmentally appropriate activities for the child according to their age. Ms. Moore asked Ms. Piacenza how many employees she will have; she said she will have three (3) employees maximum that includes herself but she can get by with two (2) employees. Ms. Piacenza stated the number of employees is dependent on how many children she has enrolled. She said that the number of employees she must have is mandated in the manual. Ms. Piacenza said that she must have one head teacher who has a bachelor’s degree in education and a certain amount of credits in education or child development. She said that a background check for all employees is mandated and she will adhere to the rules. Ms. Piacenza stated that her first employee will start work at 7:00 am and the next employee will start work between 7:30 and 8:00 am. She said that the reason that her next employee will start later is because she may not have twenty (20) children enrolled on the first day. Ms. Piacenza stated that her fees per child for the service depends on when they are dropped off and picked up each day. Ms. Piacenza stated that one of her employees will park in her garage afier her husband leaves for work and she referred to Exhibit A-1 and detailed where the children will be dropped off. Ms. Piacenza stated that she anticipates that the children will be picked up between 4:00 pm and 5:30 pm every day and that the parents will have to come inside to pick up their children. 18
Ms. Piacenza stated that the parents will have the right to show up at the facility any time to check on their child and that strangers will not be allowed in the building unless they schedule an appointment. Ms, Piacenza stated that all parents will be provided with a hand out that has all of the rules and regulations of the day care facility. Ms. Piacenza stated that she is required to provide some kind of a physical activity for the children; she is proposing to let the children outside two times a day so that they can run around and play. Ms. Piacenza said they will not go outside during the winter time so she will organize some type of physical activity indoors so that the children can get exercise. Ms. Piacenza said that there will not be any cooking at the facility; she said that the children will bring their own food and she can warm it up for them in a microwave oven. Ms. Piacenza stated that there will not be any parties at the facility. Ms. Moore asked Ms. Piacenza if she is proposing any signage; she replied no. Mr. DarConte asked Ms. Piacenza if she can shift two of the parking spaces further back on the property; she said no because that area in the rear is sloped downward. Mr. Steinhart asked Ms. Piacenza what kind of activity is there on her side of the street; she said none. Ms. Piacenza said that the parents of the children who go to the elementary school drop their children off across the street from her house; not on her side of the street. Mr. Steinhart asked Ms. Piacenza what is the parking situation on Manger Road; she said there is no parking between 8:00 am to 10:00 am and 2:00 pm to 4:00 pm on her side of the street. Mr. Steinhart asked Ms. Piacenza what time the parents of the children in the elementary school drop off their children; she said at 8:25 am. 19
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