River Edge Land Use Board

BOROUGH OF RIVER EDGE LAND USE BOARD MEETING MINUTES ZOOM MEETING May 12, 2021 Zoom - Meeting called order at 7:30 Vice Chairman Mehrman made the required announcement concerning the Executive Orders 103 and 104 Open Public Meetings Act and N.J.A.C. 5- 39-1.1 to 1.7: Adequate notice of this meeting has been displayed on both the bulletin board at Borough Hall, and published in the Record and Ridgewood News for the people who are interested in this meeting. The meeting is being recorded electronically through ZOOM. No flag salute. Meetings are held electronically via ZOOM. To join the hearing via smart phone, computer or tablet. log in information and a link to the meeting will also be posted on the Borough web site at https://www.riveredgenj.org/. Members of the public may submit written comments in advance of a meeting, which will be read during the public portion of the meeting. Written public comments submitted prior to the meeting must identify the name and address of the commenter8. No anonymous comments will be accepted. Written comments may be submitted via e-mail with the subject line “Public Comment” to the Municipal Land Use Clerk, Ed Alter at ealter@riveredgenj.org or by mail addressed to: Ed Alter, Municipal Land Use Clerk, Borough of River Edge, 705 Kinderkamack Road, River Edge, NJ 07661. E-mailed comments must be received at least forty eight (48) hours prior to the meeting. Mailed comments must be received by 12:00 p.m. the day before the meeting. If you would like to make a public comment during the meeting, please press the “Raise Hand” button on Zoom or dialing *9 on your telephone keypad to raise your hand. The Board will address you by name or by the last 4 digits of your telephone number. The Board will unmute your microphone. You must state your name and address prior to making a public comment. You may also mute and unmute yourself by pressing the microphone icon on Zoom or dialing *6 on your telephone keypad. Members of the public are permitted to submit written comments prior to the meeting via mail or email which will be read during the public comments period. Roll call: Mayor Papaleo – Here Chairman Chris Caslin – Absent James Arakelian – Here Vice Chairman, Dick Mehrman - Here Lou Grasso – Absent  Ryan Gibbons - Here Michael Krey – Absent Eileen Boland – Here Dario Chinigo – Here Gary Esposito – Here (Seated as Alternate) Bruce Feffer – Here (Seated as Alternate) ALSO PRESENT: Marina Stinley, Esq., Mr. Behrens · · Approval of Minutes – 4/14/21 – Motion – Mr. Gibbons; Second Councilman Chinigo – - Minutes approved · Memorializations Memorialization for the Bergen County Historical Society, 1201-1209 Main Street, Block 13.04, Lots 2 and 3, Block 1303, Lot 2, Block 1305, Lot 1 and Block 1306, Lot 4 will be carried to the May 26, 2021 MLUB meeting. · Correspondence Ordinance #21-15 received from the Mayor and Counsel was introduced at a regular meeting of the Mayor and Council held Monday, April 26, 2021the Land Use Board is to review and submit comments if any, by June 10, 2021. A public hearing on the ordinance will beheld on June 16, 2021 at 8:30 p.m. The ordinance prohibits the operation of any cannabis businesses within the Borough. There are six (6) classes of cannabis business which would be permitted under the new cannabis law enacted in New Jersey in February 21, 2021. The six types are; cultivator, manufacturer, wholesaler, distributor retailer and delivery. The Borough is prohibiting all of the classes of businesses to operate within the Borough of River Edge with the exception that businesses licensed for deliver would be able to deliver to addresses in the Borough but they could not operate their business in the Borough. They can make a delivery from a neighboring town within the Borough, but they cannot have a physical business in the Borough. Comments are requested of the Board. Page 2  Mr. Arakelian recused himself. Ms. Boland agrees that the ordinance is consistent with the Master Plan. Councilman Chinigo is the head of the cannabis committee and they are currently investigating an getting answers to all these and and many more. The prudent course of action right now is to pass an ordinance prohibiting because if the Borough takes no action then all licenses would be allowed. The ordinance is not inconsistent with the Master Plan. Mr. Feffer opposes the approval as he feels the Board does not have enough information to approve. Ms. Stinley advises that if the Borough doesn't make a decision by August 22, 2021, the default will be that all classes of cannabis businesses will be permitted for five years in the Borough. If the Borough makes a decision now to prohibit they can change their minds once more information is provided from the state. Ms. Boland makes a Motion that Ordinance #21-15 is not inconsistent with the Master Plan as written. Second – Mayor Papaleo. Roll call – Mayor Papaleo - yes; Ms. Boland – yes; Mr. Mehrman -yes; Mr. Arakelian – recused; Councilman Chinigo -yes; Mr. Gibbons – yes; Mr. Feffer – No and Mr. Esposito – yes. Motion passes. · Resolutions Dominic and Francine Munofo – 332 Van Suan Drive, Block 1107, Lot 36 - Granting variances for front yard setback, minimum rear yard setback and front porch encroachment. No comments from the Board of the Resolution as written. Motion to accept Resolution – So moved, Mr. Gibbons; Second – Mr. Esposito. Roll call – Mayor Papaleo - yes; Ms. Boland – yes; Mr. Mehrman -yes; Mr. Arakelian – yes; Councilman Chinigo -yes; Mr. Gibbons – yes; Mr. Feffer – Yes and Mr. Esposito – yes. Motion passes. · New Business Brent & Chantelle Walker, 164 Webb Ave., Block 401, Lot 15 – Addition to existing dwelling require relief for maximum improved lot coverage. Mailings, publication and supporting documents submitted by the applicants have been reviewed by Ms. Stinley and they are acceptable and the Board has jurisdiction to hear the application. Mr. Behrens concurs. Motion to accept completeness – Mr. Gibbons, Second – Ms. Boland. ·Old Business Jack Auserian, 282 Oak Ave., Block 1206, Lot 4 Page 3  Applicant has revised the initial plan by moving the new addition inwards toward the existing structure, this will effect the kitchen window which will now be closed in. The existing AC condenser will be moved to another location. The new addition has been reduced from 20 x 24 to 12 x 23' 9”. The applicants eliminated the new deck previously proposed. The applicants eliminated the front porch cover. The applicants eliminated the new walkway to the entrance of the house and they also revised the shape and size of the existing deck. Based on all these changes the applicants are now at 39.5%. Based on the new numbers two variances are now needed not three. Prior approval had an improved lot coverage of 43.4% and has been revised own to 39.5% and the second variances of lot coverage where it was at 34.6% has been reduced to 31.5%. Mr. Gibbons expresses to the applicant the possibility of keeping the porch cover. Mr. Behrens confirmed this could be done at this point. No comments from the public. Motion to accept the revised application as presented. Mr. Gibbons that Block 1206, Lot 4, 282 Oak Ave., he moves to accept the variances for front and side setback max lot coverage and improved lot coverage that the applicants have requested. Second – Councilman Chinigo. Roll call - Mayor Papaleo - yes; Ms. Boland – yes; Mr. Mehrman -yes; Mr. Arakelian – yes; Councilman Chinigo -yes; Mr. Gibbons – yes; Mr. Feffer – Yes and Mr. Esposito – yes. Motion passes. ·Completeness Review Brent & Chantelle Walker, 164 Webb Ave., Block 401, Lot 15 – Addition to existing dwelling require relief for maximum improved lot coverage. Applicants are sworn in. The applicants are seeking to go from 1 ½ stories to 2 of the existing dwelling. In question is the impervious coverage which ratio is already existing because of the existence of their sport court so they are looking for variance relief for that so they can move forward with the construction project. Mr. Arakelian is asking the applicant regarding the sport court. The applicants state that they were unaware that they needed a variance to install the court. Mr. Arakelian asks Mr. Behrens if the sport court is considered a permanent structure or would it be classified a temporary structure. It appears it can be removed easily as opposed to a paved surface. Mr. Behrens states that if the Board finds it temporary or even permanent and they are okay with it, it may be beneficial to entertain the variance relief. Ms. Boland would like some sort of stipulation that the variance doesn't actually go with the property. If the Board approves a lot coverage at 41.7% the applicants can do whatever they want. If the Board is comfortable with it, it would only be permitted because of the sport court and could not be replaced with something else in the future. Mr. Gibbons clarifies with the applicants that coverage of the project is not changing at all. The footprint of the building itself is staying they are just going over it. The deck is becoming a patio and they are proposing to keep the basketball court. Mr. Walker confirmed that the deck is staying a deck not a patio. Mr. Gibbons wants the coverage under 40%. He suggests taking something away from the sport court. Mayor Papaleo concurs with much of what as already been said regarding the coverage. Councilman Chinigo concurs with what is being said. Mr. Feffer concurs. Mr. Esposito concurs with all previous comments. Mr. Mehrman he concurs that the maximum impervious coverage needs to be below 40%. Mr. Arakelian suggests Page 4 the applicants speak with Mr. Costa directly regarding the permanency and/or temporary use of the sport court and then report back to the Board. If the sport court is determined by the borough engineer to be temporary structure this capitation would not require a variance. Then the applicants can pull the application and the Board would not have to make a decision. If it is determined permanent the applicants would have to submit a revised plan and come back before the Board. No one from the public was present. Motion to carry this to the May 26, 2021 meeting. So moved – Mr. Arakelian , Second – Mayor Papaleo. Roll call - Mayor Papaleo - yes; Ms. Boland – yes; Mr. Mehrman -yes; Mr. Arakelian – yes; Councilman Chinigo -yes; Mr. Gibbons – yes; Mr. Feffer – Yes and Mr. Esposito – yes. Motion passes. Motion to adjourn - So made – Mr. Arakelian; Second – Mr. Mehrman. All in favor – Aye, any opposed any abstained. No – Meeting adjourned. Page 5