Open public meeting statement: The meeting was called to Order by the Chairman, Glenn Barbagallo, and a statement was made that the meeting was duly advertised and met all of the requirements of the Open Public meetings Act. Those present were: Darren Ponce, Gene Crawford, Richard Innella, Jason Dunn, Katherine Snyder, Jody Case Kennedy, James Guimes, Glenn Barbagallo, William Haggerty, Esq., the board attorney, Michael O’Krepky, the board engineer, and Sharon Yarosz, the board secretary.
Those absent were: Sharon Tufaro (excused); Charles Teufert and Glenn Plotsky.

MINUTES
The July 9, 2009 Land Use Board Regular Meeting Minutes were reviewed. A Motion was made by Mr. Ponce and seconded by Mr. Innella to approve the Minutes of the July 9, 2009 Land Use Board Regular Meeting. Mr. Ponce, yes; Ms. Crawford, abstain; Mr. Innella, yes; Mr. Dunn, yes; Mrs. Snyder, yes; Ms. Kennedy, yes; Mr. Guimes, yes; Mr. Barbagallo, yes. The Motion was carried.

APPLICATIONS FROM A PREVIOUS MEETING

ADPP Enterprises Inc. – LUB 08-01 – Block 2, Lot 6 – Preliminary & Final Site Plan:
Appearing before the board was the applicant’s attorney, Louis D’Arminio, and their architect, Jasbinder Arjani of Bertin Engineering. Mr. Arjani was sworn in by the board attorney. Mr. Arjani gave his qualifications to the board and was accepted as an expert witness.

Mr. D’Arminio indicated that this application was originally approved in September, 2008. He indicated that during the process of construction, the site got re-branded. The building will be a BP building instead of a Shamrock building. The applicant appeared before the board at the July 2009 meeting and the board requested the applicant return with some ideas to correct the roofline of the building to match the original approval.

Mr. D’Arminio submitted to the board Exhibits “A-1” and “A-2” which are photographs of the current condition of the site.
Mr. Arjani submitted to the board Exhibits “A-3” which was the plan that was originally approved by the board; Exhibit “A-4” which was the plan approved by the building department and what has been built; and “A-5” was an alternate plan to revise the building to look similar to what was originally approved by the board.

Mr. Arjani explained to the board the revisions they are proposing. They are proposing to keep the existing walls and add 2 trusses. One set of trusses will be sitting on top of the building. The second set of trusses are at the edge with a small frame in front of the building which will bring the roof line down to very close to what was originally approved. He indicated that the brick will be similar to what was previously approved by the board. He indicated that they plan to install hardiplank onto the brick which will be similar to what was previously approved. The color of the hardiplank is similar and close to the darker color shade of the brick that has been installed on the site today. Mr. D’Arminio submitted to the board Exhibit “A-6” which is a sample of the brick installed which is a buff color. Mr. Arjani indicated that the shingles will be charcoal which will complement the other colors on the building. He further noted that the overall height of the building is approximately 3’ higher than what was approved. They are not proposing the cultured stone as on the original approval. They are also adding an awning on top of the window on the left side elevation to add some character (Route 23 side). On the rear portion of the building they have added a small gable with the hardiplank siding. They also added some vents in the wall area to ventilate the attic space.

Mr. Dunn asked the applicant to explain to the board why they can not build the building that was approved by the Land Use Board from what exists today. Mr. Arjani indicated that they would have to knock down the top part of the building including the roof and the would have to remove the brick facing. It would involve about 80% of the finishes to be redone and 60% of the structure (roughly). Mr. Dunn questioned as to how much of the interior was completed. Mr. Arjani indicated that the tiling and painting, the ceiling and the lighting is all completed. They have not installed the shelves, counters and equipment for the stores at this time. Mr. Dunn questioned Mr. Arjani as to how much of the building would have to be reconstructed to do what they have proposed this evening. Mr. Arjani indicated that it would mean shaving off from the top, removing the brick facing up to the top of the darker band of the building and installing the structure above it. The structure would be wood frame with scissor truss over the existing roof top unit. He indicated that the HVAC Units will be on the roof.

Mr. Ponce questioned why they did not bring the front roofline out and they left it at the building instead of coming out over the entrance way. Mr. Arjani indicated that they would have to add more structure columns. They have a different look of a canopy. The truss is creating the same impression as the original approval, but it is a completely different element in bringing it all together, he felt it would not go together as an architectural feature. The truss will be approximately 8” off the building. The original plan the entrance way was extended out 3 or 4 feet with columns. A lengthy discussion was held with regard to the entrance. It was determined to extend the roof and the front entrance approximately 2’ with brackets underneath instead of columns. Mr. Arjani sketched onto Exhibit “A-5” the changes that were discussed. The finish of the wood brackets would match the finish of the wood trusses.

Mr. Arjani questioned if the board could approve the building department to issue a temporary certificate of occupancy with the way the building is now and then build the revisions as may be approved this evening before a final certificate of occupancy. A lengthy discussion was held with regard to this issue. The board would prefer the construction of all the renovations prior to issuance of any certificate of occupancy. The board felt that the site was too small to have it in operation and have construction going on at the same time.

A Motion was made by Ms. Crawford and seconded by Mr. Innella to open this matter to the public. All were in favor. The Motion was carried.

There being no public participation, this matter was closed to the public.

A Motion was made by Mr. Innella and seconded by Ms. Crawford to approve the Amended Site Plan of the applicant pursuant to Exhibit “A-5” which was originally dated 7/16/09 and revised at this evenings meeting 8/13/09 by the applicant’s architect, the final copy of which is attached hereto and made a part hereof (final copy dated 8/17/09). The changes incorporate extending and bringing out the roof trusses 2’ with brackets to be finished to match the trusses. Roll Call: Mr. Ponce, yes; Ms. Crawford, yes; Mr. Innella, yes; Mr. Dunn, yes; Mrs. Snyder, yes; Ms. Kennedy, yes; Mr. Guimes, yes; and Mr. Barbagallo, no. The Motion was carried.

OLD BUSINESS

Plan Endorsement – Municipal Self Assessment Report:
It was noted that the Township Planner, Jessica Caldwell, has completed the Municipal Self Assessment Report with regard to the Plan Endorsement Process. It was requested by the Township Committee that a joint meeting of the Land Use Board and Township Committee be held on September 8, 2009 at the Township Committee Meeting.

A Motion was made by Ms. Crawford and seconded by Mr. Innella to write a letter to the Township Committee indicating that they agree to hold a joint meeting on September 8, 2009 to review the Municipal Self Assessment Report. All were in favor. The Motion was carried.

NEW BUSINESS

Procedures with Construction Department and Land Use Board:
It was discussed that on all commercial applications, a pre-construction meeting should be held before building begins on a project. The pre-construction meeting should include the board engineer, the building inspector and the developers and their professionals. It was agreed that a pre-construction meeting should be a condition in all future Resolutions for commercial projects.

Mr. Ponce requested that the board attorney send a letter to the construction department that the board’s Resolutions should be followed.

VOUCHERS
The vouchers were reviewed. A Motion was made by Mrs. Snyder and seconded by Ms. Crawford to approve the following vouchers:

1. Harold E. Pellow & Associates, Inc. regarding Plan Endorsement in the amount of $1,075.25; and
2. Harold E. Pellow & Associates, Inc. regarding Plan Endorsement in the amount of $327.25; and
3. Dolan & Dolan regarding General Administration (June) in the amount of $27.30.

PUBLIC PARTICIPATION:

The meeting was opened to the public. There was no public participation. The meeting was closed to the public.

ADJOURN:

Having no further business, a Motion was made by Mr. Plotsky and seconded by Mr. Innella to adjourn the meeting. All were in favor. The Meeting was adjourned.

Minutes prepared by:

SHARON M. YAROSZ
Land Use Administrator