Minutes · Jan 17, 2019
January 17, 2019
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Ms. Malanga asked Mr. Szura to explain the purpose of trees in a parking lot; he said there are a number of reasons. Mr. Szura said that among the reasons are that they provide shade and produce oxygen. Ms. Malanga asked Mr. Szura to describe the heat island effect in the parking lot is; he said it refers to paved surfaces getting hotter and staying hotter in the summer months. Ms. Malanga asked Mr. Szura if the temperature in a parking lot is higher; he said yes. Ms. Malanga asked Mr. Szura if the trees in the parking lot are related to the aesthetics; he said yes. Ms. Malanga asked Mr. Szura how many years will it take for the new trees to provide shade; he said they provide shade right away. Ms. Malanga asked Mr. Szura if they provided a detailed list of the current species of trees, their size measurements and whether they are a major or minor tree; he said no. Ms. Malanga stated what certain elements in the Township’s tree ordinance are required to be submitted by the applicant. Chairman Neuer asked Mr. Szura if he submitted what Ms. Malanga just read from the Township’s tree ordinance that she asserts is required; he said no. Chairman Neuer instructed Mr. Regan to submit the elements in the Township’s tree ordinance that are required as part of an application of development. Mr. Regan stated that they will review the Township’s tree ordinance again. He said that they submitted a tree removal application for a permit and a landscape plan identifying all of the trees. Mr. Regan said that they will submit whatever is required to be submitted. Chairman Neuer advised Ms. Malanga that she will have the opportunity to continue with her questions at another meeting. John Linson, Township Forester, approached the podium and was sworn under oath. Mr. Linson stated that he prepared a report and visited the site. He said that originally the applicant did not give him a list of the trees on the site that they were proposing to remove. Mr. Linson said that he met with them on the site and defined what trees will be removed and those that will be transplanted on site. Mr. Linson said that he would like the Board to require a snow removal plan that requires the applicant to either cart the snow off site or put it near a catch basin so that the snow/salt does not damage the new trees.
Mr. Linson said that the maintenance of the existing trees is poor; he said that he would like them to improve on that by providing a maintenance plan. Mr. Linson said that he would like them to save as many trees as possible on the site. Chairman Neuer asked Mr. Linson if he could return at the next meeting on 1/31/19 to answer any questions the Board or members of the public may have for him; he said yes. Mr. Regan stated that the applicant has already said that they would comply with Mr. Linson’s recommendations in his 10/30/18 letter. Mr. Regan said that the owner would need to work with the property manager to develop a snow removal and a long term tree maintenance plan and that they would agree to have the Board require that as a condition of approval. Chairman Neuer stated that this application will be carried over to the special Zoning Board meeting to be held on 1/31/19 and that no further notice will be necessary. Chairman Neuer called for a two minute break at 9:56 pm. Chairman Neuer resumed the meeting at 9:59 pm. 3. ZB-17-11/Youssef, Inc. Carried from 12/20/18 Block: 111; Lot: 1.06; Zone: B-2 438 Eagle Rock Avenue Seeking a ‘d” variance and “c” variances to permit the construction of a convenience store and other changes to the site. Chairman Neuer stated that Mr. Steinhart is recused from hearing this application; Mr. Steinhart stepped off the dais. Michael Oliveira, Esq., attorney for the applicant, approached the podium. Mr. Oliveira stated that his client is seeking site plan approval and variance relief for the modification of an existing service station and detailed the application. Chairman Neuer stated for the record that he does not live within 200° of the site but he drives through this intersection at least twice and sometimes three times a day. He said that he has made personal observations of the operation of this property and the operation of the intersection. Chairman Neuer said that if any of his observations play a role in his decision- making he will place them on the record as he is required to do by law. Mr. Oliveira stated that he has no objection Mr. Oliveira called the project manager as his first witness.
Abnan Kahn approached the podium and was sworn under oath. He detailed his professional and educational background as a Professional Engineer licensed in the State of New Jersey. Chairman Neuer accepted Mr. Kahn as an expert in engineering. Mr. Kahn stated that he has reviewed the site and all of the plans. He said that he has also reviewed all of the memos and letters from the Board and Township’s Professionals. Mr. Kahn presented sheet C-02 of the demolition plan that was part of the submission package and detailed what is existing on the site. Mr. Kahn presented sheet C-03 of the site development plan that was part of the submission package and detailed what is being proposed. He said that there will be five (5) islands and ten (10) pumping stations with a canopy and a kiosk in the center. Chairman Neuer asked Mr. Kahn if the existing gas pumps will be removed; he said yes, Mr. Kahn said that the underground tanks are to remain in place. Mr. Kahn stated that they would like to install solar panels on the canopy in the future but this is not part of this application. Mr. Kahn said that they are proposing to demolish the existing building on the site and build a convenience store. Mr. Kahn detailed all of the existing driveways and said that they are proposing to streamline the southerly driveway on Prospect Avenue (which he sometimes referred to as to the west) so that a car cannot make a left hand turn out of that driveway. Mr. Kahn said that the northern driveway on Prospect Avenue will be eliminated and detailed where there will be two new driveways on Eagle Rock Avenue. Mr. Kahn said that they had preliminary discussions with the County regarding the driveways and that the new configurations were the result of that meeting. Mr. Kahn stated that they are required to have twenty six (26) parking spaces and that they are proposing twenty six (26) parking spaces and detailed their locations. Mr. Kahn referred to sheet C-04 of the grading plan that was part of the submission package and detailed it. Mr. Kahn referred to sheet C-06 of the lighting and landscape plan that was part of the submission package and detailed it. Mr. Kahn stated that they are proposing to install cameras for security.
Mr. Kahn referred to Bowman Engineering technical review memo dated January 8, 2019 and addressed the comments in the memo. Mr. Kahn referred to the following items on the checklist review comments: #2 - They will provide an updated Planner’s report #°s 29, 31 and 45 — requesting a waiver #36 — will comply #41 & 42 — not applicable #46 — will submit a solid waste management plan in a written report Mr. Kahn addressed the following technical comments: #1 — complied #3 — will comply #4 - will comply #7 — will comply #8 — will comply #9 — will comply #11- will comply #12- addressed pedestrian circulation in testimony #13- addressed conflicts from vehicles entering the western driveway in testimony #15 — will comply #’s 16 through 43 — will review these items with Mr. Keller and re-submit Mr, Redwine asked Mr. Kahn if the footprint of the proposed building will be the same as the current building; he said no it will be larger than the existing building. Mr. Kahn said the current building is approximately 2,000 sq. feet and the proposing building will be approximately 4,000 sq. feet. Mr. Redwine asked Mr. Kahn if they considered reconfiguring the location of the proposed building to make better use of the site; he said no because they have certain restrictions on the site. Chairman Neuer asked Mr. Kahn if the existing repair bays have hydraulics; he said yes. Chairman Neuer asked Mr. Kahn if the ground was tested for any oil spills where the repair bays are located; he said they were sealed a long time ago and are above ground. Chairman Neuer asked Mr. Keller to look into that further to make sure this was done in accordance with all applicable laws and regulations. Mr. Keller asked Mr. Kahn if they would consider moving the three southerly pump islands to the north to allow a greater separation between the parking spaces along the southerly side of the site and the first pump isle; he said they will consider it.
Mr. Keller asked Mr. Kahn to provide details on the handicap ramp. Mr. Keller asked Mr. Kahn if they are removing trees on the site; he said no. Ms. Gabry asked Mr. Kahn if Exxon has to approve this proposal; he said no. There were no further questions for Mr. Kahn from the Board Members or the Board Professionals. Chairman Neuer asked if any members of the public had any questions for Mr. Kahn. Robert Rashkes approached the podium and stated that he lives at 35 Oak Crest Road. Mr. Rashkes asked Mr. Kahn if the soil was tested for environmental issues; he said yes. Mr. Rashkes asked Mr. Kahn how they are proposing to enforce illegal turns out of the site; he said they will be installing signage. Joe Krakoviak approached the podium and stated that he lives at 20 Grandview Avenue Mr. Krakoviak asked Mr. Kahn what the amount of retail space is going to be; he said the architect can answer that better but the building will be approximately 4,000 sq. ft. Mr. Krakoviak asked Mr. Kahn if it is a single story building; he said yes. Mr. Krakoviak asked Mr. Kahn what the current and proposed sizes of the fuel dispenser islands are; he said they are currently four (4) feet and will be eight (8) feet. Mr. Krakoviak asked Mr. Kahn how much of the property is being taken up by the fuel dispensing infrastructure currently and proposed. Chairman Neuer stated that Mr. Kahn does not have enough time to figure out those calculations, due to the time; he advised Mr. Oliveira to have the witness prepare that analysis and submit it to the Board Secretary. Chairman Neuer advised Mr. Krakoviak to contact the Board Secretary and she will provide him with that analysis once it is submitted. There were no further questions for Mr. Kahn from any members of the public. Chairman Neuer stated that the Board has a very full agenda for the February 21° meeting and asked Mr. Oliveira if they could come back at the March 21, 2019 meeting; he said yes. Chairman Neuer stated that this application will be carried over to the March 21, 2019 regular meeting and no further notice will be necessary.
The meeting was adjourned by at 10:58 pm. Y, Adopted: January 31, 2019 Yyf VA yf, . GHA- AN§ ve 7? L/ Y JA. RoseDeSena Zoning Board Secretary
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- Sep 29, 2026
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