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Planning Bd. Minutes - June 2010

July 27, 2010 by Clerk

June 2010 Planning Bd. Minutes

THE REGULAR MEETING OF THE PLANNING BOARD FOR MONDAY, JUNE 21, 2010 WAS CALLED TO ORDER AT 7:00 P.M. IN THE LINDENWOLD BOROUGH HALL.


SUNSHINE ANNOUNCEMENT

FLAG SALUTE

PRESENT: ROBERT L. MESSICK, ESQ. – BOARD SOLICITOR
KEVIN BECICA, P.E., P.P., C.M.E – ENVIRONMENTAL RESOLUTIONS, INC.
DEBBIE JACKSON – BOROUGH CLERK, FILLING IN FOR SECRETARY

ROLL CALL – MEMBERS PRESENT:

COUNCILMAN KENNETH BALMER
MAYOR FRANK DELUCCA, JR.
MS. PATRICIA STRIPPOLI
MR. NATHANIEL JEFFERSON
MS. ANN MARKS
MR. ANTHONY PERNO

MEMBERS ABSENT:

MR. DAVE MCCLOSKEY
CHIEF LEMAYSKI

MR. PERNO ENTERTAINED FOR A MOTION TO APPROVE THE MINUTES FROM MAY 17, 2010. COUNCILMAN BALMER MADE THE MOTION TO APPROVE, MOTION SECONDED BY MS. STRIPPOLI. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

MR. PERNO ENTERTAINED FOR A MOTION TO APPROVE RESOLUTION, APPLICATION P-06-4, C. MCGRUDER, BLOCK 111, LOTS 7 & 8. MS. STRIPPOLI MADE THE MOTION TO APPROVE, MOTION SECONDED BY COUNCILMAN BALMER. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

MR. PERNO ENTERTAINED FOR A MOTION TO APPROVE RESOLUTION, APPLICATION P-10-1, PINE HILL CAR WASH, BLOCK 155, LOT 1. MR. JEFFERSON MADE THE MOTION TO APPROVE, MOTION SECONDED BY COUNCILMAN BALMER. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

OLD BUSINESS

APPLICATION P-10-2
MARQUISE JEWELRY
250 E. GIBBSBORO ROAD
BLOCK 134, LOT 12
CHANGE IN USE
MINOR SITE PLAN W/VARIANCE

KEVIN BECICA – BOARD ENGINEER SWORN IN

MR. ELADIO PAZ – APPLICANT AND OWNER – SWORN IN

MR. LAWRENCE LINDSEY – ATTORNEY FOR APPLICANT

MR. LINDSEY GIVING SUMMARY OF APPLICATION FROM THE LAST TIME THEY APPEARED BEFORE THE BOARD.
BOARD SOLICITOR STATING WE DID GRANT WAIVERS OF ITEMS 2, 4, 7, 9, 12, 14 AND 15 ON THE CHECKLIST LAST TIME TO REMIND THE BOARD.

MR. LINDSEY GIVING OVERVIEW OF DRIVEWAYS AND EASEMENTS

DISCUSSION ON EASEMENTS

DISCUSSION ON DEEDS

BOARD MEMBERS AGREE THAT THE SITUATION OF EASEMENTS AND DEEDS SHOULD BE A CONDITION OF APPROVAL AFTER BOARD SOLICITOR HAS HAD THE TIME TO REVIEW.

MS. BECICA STATING WE NOW HAVE A PLAN THAT SHOWS WHERE THE HANDICAP PARKING SPACE WILL BE. WE DO HAVE A LIGHT IN THE BACK. THE VARIANCES THAT ARE NEEDED ARE FOR THE FRONT YARD SETBACK FOR THE RAMP AND THE SIDE YARD SETBACK FOR THE RAMP FOR THE MINOR SITE PLAN.

BOARD SOLICITOR, MS. BECICA AND APPLICANTS ATTORNEY GO THROUGH VARIANCES THAT EXIST AND NEED TO BE RECOGNIZED AND NEW VARIANCES.

MR. LINDSAY STATING WE DO HAVE A PROBLEM WITH CONDITION #2, THE TRASH RECEPTACLE IN THE BACK OF OUR PROPERTY DOES NOT BELONG TO US. WE DO NOT NEED A TRASH RECEPTACLE AND WE DO NOT USE THAT TRASH RECEPTACLE. WE ASK THAT WE NOT BE REQUIRED TO BUILD A STRUCTURE AROUND IT. OUR TRASH IS MINIMAL, PAPER. WE SELL JEWELRY. THERE IS A SMALL AMOUNT OF TRASH WHICH CAN EASILY BE STORED IN A RESIDENTIAL SIZE CONTAINER.

MAYOR DELUCCA STATING IS IT YOUR TESTIMONY THEN THAT THERE WILL BE NO TRASH SET OUT AT CURB SIDE AT ALL ON GIBBSBORO ROAD.
MR. LINDSEY STATING IF YOU REQUIRE THAT ALL COMMERCIAL ESTABLISHMENT
MAYOR DELUCCA STATING WE DON’T PICK UP COMMERCIAL.
MR. LINDSEY STATING THEN WE WILL TAKE CARE OF OUR OWN TRASH.

MR. LINDSEY STATING THE HOURS THAT WERE TESTIFIED TO PREVIOUSLY WERE 8:00AM TO 9:00 PM.
MR. LINDSEY STATING WE HAVE A SECURITY SYSTEM AND WE ARE GOING TO PUT LIGHTING IN AT THE REAR OF THE BUILDING AND THE PARKING AREA.

MR. PERNO STATING I WOULD LIKE TO HAVE THE SECURITY SYSTEM APPROVED BY THE POLICE DEPARTMENT.

MAYOR DELUCCA STATING THIS IS A JEWELRY SHOP AND IT’S NOT A PAWN SHOP.
MR. LINDSEY STATING NO IT IS NOT A PAWN SHOP. WE WILL PURCHASE JEWELRY WHOLESALE AND SELLING RETAIL. WE WILL NOT BE PURCHASING JEWELRY FROM INDIVIDUALS.

MS. BECICA STATING COULD YOU PLEASE EXPLAIN WHO OWNS THE TRASH ENCLOSURE THAT IS ON YOUR PROPERTY.
UNIDENTIFIED PERSON STATING THE DUMPSTER COMES FROM LOT 11, THEY PLACED IT ON LOT 12 FOR SOME REASON.
MS. BECICA STATING YOU DO HAVE THAT CROSS AGREEMENT
MR. LINDSEY STATING YES, WE SHARE PARKING AND THE ACCESS AND WE ALLOWED HIM TO PLACE HIS DUMPSTER ON OUR PROPERTY.
MR. LINDSEY STATING IF YOU WANT US TO BUILD SOMETHING AROUND IT, WE WILL ASK HIM TO MOVE IT BACK TO HIS OWN PROPERTY.
MS. BECICA STATING THIS IS SOMETHING FOR THE BOARD TO CONSIDER THEN, WHETHER THEY WANT AN ENCLOSURE AROUND THE TRASH OR NOT AS PART OF THE IMPROVEMENTS PROPOSED BY THIS APPLICANT, WHOEVER USES IT.

MS. BECICA STATING THE APPLICANT HAS AGREED TO CHANGE THE TRAFFIC FOR THE DRIVEWAY BETWEEN LOT 13 AND LOT 12 BECAUSE IT DOESN’T MEET THE WIDTH, IT WILL BE A ONE WAY IN OFF OF GIBBSBORO ROAD. THE APPLICANT DOESN’T NEED TO MEET STORM WATER REQUIREMENTS BECAUSE THEY ARE NOT INCREASING THE IMPERVIOUS COVERAGE.

MS. BECICA STATING TO GO BACK TO THE FRONT OF THE SITE, THERE IS A DESIGN WAIVER NEEDED FROM THE SHADE TREE ORDINANCE SECTION. THE APPLICANT IS NOT PROPOSING ANY TREES ALONG THE STREET FRONTAGE.

DISCUSSION ON SIGN

DISCUSSION ON PARKING AND PARKING BUMPERS

DISCUSSION ON LIGHTING PLAN

MS. BECICA CONTINUES TO GO THROUGH HER REVIEW LETTER.

MR. LINDSEY STATING I THINK IT IS REASONABLE TO HAVE US DOCUMENT THE SLOPE OF THE RAMP TO BE BUILT BUT TO HAVE US GO BACK AND SURVEY THE GRADE ON THE EXISTING FLAT PARKING LOT, I WOULD ASK YOU TO WAVE THAT, WE ARE PUTTING IN THE HANDICAP PARKING SPACES AND MARKING THEM, WE ARE LIGHTING THEM. I ASK THAT WE ARE NOT REQUIRED TO GET THE SURVEYOR BACK OUT THERE.

MS. BECICA STATING I AM NOT REQUIRING YOU TO SURVEY, IN ORDER FOR YOU TO GET YOUR CONSTRUCTION CODE, YOU MUST DOCUMENT THAT YOU MEET ICC. SO I AM ASKING YOU TO DO THIS SO YOU CAN GET YOUR BUILDING PERMITS.
MR. LINDSEY STATING WE WILL DO WHATEVER WE HAVE TO DO TO GET THE CONSTRUCTION PERMITS.

DISCUSSION ON A LOADING DOCK

BOARD SOLICITOR STATING WE NEED THE BOARD TO WEIGH IN ON THE DESIGN WAIVER ON THE TRASH.
MS. MARKS STATING EITHER HE MOVES IT TO THE LOT IT’S SUPPOSED TO BE ON OR ENCLOSE IT.
DISCUSSION ON TRASH CONTAINER
MR. LINDSEY STATING WHATEVER THE BOARD WANTS.

COUNCILMAN BALMER STATING WHY NOT MAKE IT A CONDITION, EITHER MOVE IT OR ENCLOSE IT.
MR. LINDSAY STATING IF THE DOCTOR WANTS TO LEAVE IT WE ASK THAT YOU LET US ENCLOSE IT WITH A WOOD BOARD ENCLOSURE.

BOARD SOLICITOR STATING WE NEED A MOTION TO RECOGNIZED THE FOLLOWING EXISTING VARIANCES. THE LOT AREA FROM 20,000 DOWN TO THE EXISTING 15,298 AND FRONTAGE VARIANCE FROM THE EXISTING 38’ DOWN FROM 100’.
COUNCILMAN BALMER MADE THE MOTION TO APPROVE TO RECOGNIZE THE EXISTING VARIANCES, MOTION SECONDED BY MR. JEFFERSON. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

BOARD SOLICITOR STATING WE NEED A MOTION FOR THE (2) VARIANCES NECESSITATED BY THE RAMP FROM 205:44, FRONT YARD FROM 30’ DOWN TO 27.5’ AND SIDE YARD SETBACK DOWN TO 8.65 FROM 10’. COUNCILMAN BALMER MADE THE MOTION TO APPROVE, MOTION SECONDED BY MS. STRIPPOLI. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

BOARD SOLICITOR STATING THE DESIGN WAIVERS, THE DESIGN WAIVER TO PERMIT THE SITE NOT TO HAVE A SHADE TREE, WAIVER REQUIRING THE DRAINAGE SYSTEM FOR THE PROPOSED IMPROVEMENTS, THERE IS NO CHANGE IN THE IMPERVIOUS COVERAGE AND WAIVER FOR THE LOADING DOCK SINCE THERE IS NO NEED.
MR. PERNO ENTERTAINED FOR A MOTION FOR THE ABOVE MENTIONED WAIVERS, COUNCILMAN BALMER MADE THE MOTION TO APPROVE THE ABOVE MENTIONED WAIVERS, MOTION SECONDED BY MAYOR DELUCCA. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

BOARD SOLICITOR STATING A MINOR SITE PLAN BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS, TRASH CONTAINER EITHER IS REMOVED OR BOARD FENCE AROUND IT, TWO WAY DRIVE ISLE FROM LOT 12 TO LOT 13 THAT IT BE ONE WAY IN, RESTRICTING THE USE OF THE SITE, RE-USING THE EXISTING SIGN AND COMPLYING WITH THE SIGN ORDINANCE, THE SITE PLAN MUST NOTE IN ACCORDANCE WITH CHAPTER 4 OF ICNC, THE PLANS NOTE THE STRIPPING OF THE PARKING LOT, LIGHTING CONDITION OF 250 WATTS, SECURITY CAMERA BE INTERIOR AND EXTERIOR SUBJECT TO APPROVAL BY THE POLICE DEPARTMENT.
MS. STRIPPOLI MADE THE MOTION ON THE ABOVE CONDITIONS, MOTION SECONDED BY MAYOR DELUCCA. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

MR. PERNO OPENED THE MEETING TO THE PUBLIC AND JEANETTE KRUG STEPPED FORWARD.

MS. KRUG STATING I AM OPPOSED TO THE DUMPSTER BEING ENCLOSED. THE PARKING LOT HAS BEEN A COMMON USE PARKING LOT AND I’VE LIVED THERE FOR A LONG TIME. THE DUMPSTER IN THE PARKING LOT IS WAY IN THE BACK, IT’S AGAINST THE WOODS, I DON’T WANT IT ENCLOSED. PEOPLE ARE GOING TO HIDE BACK THERE. WE HAVE PEOPLE THAT RUN THROUGH INTO THE WOODS. THE SHERRIFF’S DEPARTMENT HAS BEEN IN MY NEIGHBORS YARD BECAUSE PEOPLE HAVE RUN DOWN. TO ME I THINK IT IS A SAFETY THING. ITS A LITTLE DUMPSTER, IT’S NOT VERY HIGH. IF YOU PUT AN ENCLOSURE THERE, NOW YOU CAN HAVE SOMEBODY HIDING BEHIND IT. THE LIGHTING IS THAT GOING TO BE ON ALL NIGHT?
MS. BECICA STATING USUALLY ITS ONE HOUR AFTER CLOSING THE LIGHT GOES OFF.
MS. KRUG STATING I WOULD LIKE THE DUMPSTER LEFT ALONE.

BOARD SOLICITOR STATING BASICALLY SINCE WE DIDN’T LET THE PUBLIC SPEAK FIRST WE ARE GOING TO HAVE TO DO IT OVER AGAIN.

BOARD SOLICITOR STATING THE (2) EXISTING VARIANCES, THE MOTION WAS MADE MY COUNCILMAN BALMER AND SECONDED BY MR. JEFFERSON. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

BOARD SOLICITOR STATING THE NEXT ONE IS THE OTHER VARIANCES, THE SIDE YARD AND FRONT YARD VARIANCES. MOTION MADE BY COUNCILMAN BALMER, SECONDED BY MS. STRIPPOLI. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

BOARD SOLICITOR STATING THE NEXT ONE IS THE DESIGN WAIVERS, SHADE TREE AND THE LOADING DOCK. MOTION WAS MADE BY COUNCILMAN BALMER, SECONDED BY MAYOR DELUCCA. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

BOARD SOLICITOR STATING THE LAST ONE WAS FOR THE CONDITIONS AND WE ARE SPECIFICALLY ZONING IN ON THE CONDITION OF THE TRASH DUMPSTER. DO YOU WANT TO MAKE CHANGES IN THAT MOTION?
MS. STRIPPOLI MADE THE MOTION AND IS NOW MAKING THE MOTION TO EXCLUDE THE TRASH ENCLOSURE ISSUE, TO WAIVE THE TRASH ENCLOSURE AND TO ADD THE LIGHTING BE ON ONE HOUR BEFORE OPENING AND TO GO OFF ONE HOUR AFTER CLOSING.
MR. PERNO STATING WE WAIVED THE TRASH AND THE 250 WATT LIGHTING WITH A TIMER ONE HOUR BEFORE AND ONE HOUR AFTER AND A MOTION DETECTOR.
MS. STRIPPOLI AMENDS HER MOTION TO INCLUDE THE MOTION DETECTOR, MOTION SECONDED BY MAYOR DELUCCA. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

NO ONE ELSE FROM THE PUBLIC CAME FORWARD.

MOTION WAS MADE AND SECONDED TO ADJOURN

MR. PERNO RE-OPENED THE MEETING TO ADDRESS THE ERI

ERI (ENVIRONMENTAL RESOURCE INVENTORY)

MS. STRIPPOLI MADE THE MOTION TO APPROVE THE ENVIRONMENTAL RESOURCE INVENTORY, MOTION SECONDED BY MR. JEFFERSON. ROLL CALL WAS UNANIMOUS. MOTION CARRIED.

MR. PERNO OPENED THE MEETING TO THE PUBLIC AND NO STEPPED FORWARD


MEETING ADJOURNED


NANCY DIDOMENICO
BOARD SECRETARY