River Edge Land Use Board

BOROUGH OF RIVER EDGE LAND USE BOARD MEETING MINUTES ZOOM MEETING May 26, 2021 Zoom - Meeting called order at 7:30 Chairman Caslin 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 – Here Vice Chairman, Dick Mehrman – Here James Arakelian – Here Lou Grasso – Here  Ryan Gibbons - Here Michael Krey – Absent Eileen Boland – Absent Dario Chinigo – Here Gary Esposito – Here Bruce Feffer – Here ALSO PRESENT: Marina Stinley, Esq., Mr. Behrens, Mr. Costa · Resolutions Recommending the adoption of Ordinance No. 21-15 by the Borough of River Edge Bergen County New Jersey prohibiting the operation of any cannabis businesses within its geographical boundaries. Being no comments from the Board Mr. Mehrman makes a motion that the Land Use Board of the Borough of River Edge regarding Ordinance No. 21-15 recommends to the Mayor and Council that the Board has no comments and they offer their consideration for approval. Second – Mr. Gibbons. Roll Call – Mayor Papaleo – yes; Mr. Caslin (ineligible to vote was not present at that meeting); Ms. Boland – Absent; Mr. Mehrman – yes; Mr. Grasso (ineligible to vote was not present at that meeting); Mr. Krey - (ineligible to vote was not present at that meeting); Mr. Arakelian – recused himself; Councilman Chinigo – yes; Mr. Gibbons – yes; Mr. Feffer- no (for the reasons stated at the last meeting); Mr. Esposito- yes. Motion passes. · Memorializations Jack Auserian, 282 Oak Ave., Block 1206, Lot 4 granting variances for minimum front yard setback, maximum lot coverage and maximum improved lot coverage. Comments from the Board regarding the Resolution circulated. None being made Mr. Mehrman makes a motion regarding the Jack Auserian property at 282 Oak Ave., Block 1206, Lot 4 granting variances for minimum front yard setback, maximum lot coverage and maximum improved lot coverage. The Board notes that the applicant worked very closely with the Board to come to a solution to the problems that were addressed. Second – Councilman Chinigo. Roll call - Mayor Papaleo – yes; Mr. Mehrman – yes; Mr. Arakelian – yes; Councilman Chinigo; Mr. Gibbons -yes; Mr. Feffer – yes; Mr. Esposito- yes. Motion passes. Page 2 · Bergen County Historical Society - 1201 and 1209 Main Street, Block 1304, Lots 2 and 3, Block 1303, Lot 2, Block 1305, Lot 1, Block 1306, Lot 4. The Board approved plans as required the Bergen County Planning Board. Comments from the Board – Mr. Mehrman requested an update from Mr. Barrett. Mr. Greiswood gives the Board an overview of his conversations with Mr. Timsack who recommended and requested that the improvements that were approved regarding the county right-of-way be removed. He felt that the the project should be coordinated with a future plans. He sent them no future plans. He requested they remove the improvements from the County right-of-way. Subsequently on December 10, 2020 they received the County Planning Board approval. Ms. Stinley advises the Board that her office reviewed all of the submissions provided by Mr. Barett and they met the requirements that the Board had imposed at the time of adoption and so it is appropriate for the Board to consider the memorialization. Mr. Mehrman inquires as to the easement in question which has been recorded. He inquires as to the off site parking. The applicant submitted a license agreement and Ms. Stinley's office reviewed same and found it to be in compliance. He asks about the walkway which the Board requested the plans be revised for safety purposes. The applicant complied and they were rejected by the County Planning Board so this remains an open safety item at the moment. Mr. Mehrman cannot support the current safety issue and he asks the Board to consider this safety issue deeply when they vote on the Motion for the revised drawings. Mr. Costa clarifies for the Board what the issue is (the crosswalk) there is no stop sign. The County rejected what the Board originally approved but it is the jurisdiction of the County and not the Borough. Mr. Costa suggests a new Resolution if it passes and the Board has to get a final Resolution. He believes they need testimony on the record as to what the change actually is. Councilman Chinigo suggests that July 26, 2019 submittal be shared so people in the audience know what is being talked about. Ms. Stinley does not believe it is necessary for the Board to vote on the revised plans because the Resolution incorporates the revised plans. Mr. Costa believes the change needs to be made and put on the record that the change was made because of the County jurisdiction so if anything happens it falls on the County of Bergen and not the Borough of River Edge. A call is put into Ms. Nebbia. The Board has a lengthy debate regarding this matter. Ms. Nebbia joins the meeting and Mr. Mehrman gives her an overview of what has taken place up her joining the meeting. Ms. Nebbia believes that proceduraly it is not necessary to have another vote. This is not a redo, this is a subject to County approval. Mr. Costa believes that to be true if the Resolution was memorialized and it was subject to County approval and then if it is a de minimis change no big deal. There was a lot of discussion as to where the people park and where the people walk. Mr. Costa states that all he wants is to protect the Borough. Councilman Chinigo suggests coming up with other ideas as oppose to arguing i.e. possibly an overpass for people to cross. Ms. Nebbia addresses the Board. She understands that this was a major concern for the Board from the very beginning of this application, however the reality is that proceduraly the Board did vote to approve this application subject to County approval. When she states subject to County approval not meaning it was going to trigger a return to the Board but that County had jurisdiction over the improvements being discussed right now. The intention was and the applicant agreed to this was to defer or delay the adoption of a memorializing Resolution until such time as the County took action. Ms. Nebbia advises that if anything happens on the County road its on the County not the Borough. Mr. Costa suggests erecting a fence to force the pedestrians cross where appropriate. The Board takes a recess so Mr. Barett can confer with his client regarding the fence. Meeting reconvenes at 8:42 p.m. 5/26/21. Page 3 ·Roll call is taken. Mr. Barett would like it to be carried so his client can investigate the recommendations the Board has made. Mr. Mehrman requested that the following language be inserted in the minutes. Mr. Barett strongly stressed to the Board that legal action would be taken by his client and they would prevail should the Board not approve the Resolution as presented. Ms. Stinley okayed the addition of this language to the minutes. · Motion to carry. So made – Mr. Arakelian; Second – Mr. Grasso. Roll Call - Mayor Papaleo – yes; Mr. Caslin – yes; Mr. Mehrman – yes; Mr. Arakelian – yes; Councilman Chinigo; Mr. Gibbons -yes; Mr. Feffer – yes; Mr. Esposito- yes. Motion passes. Application is carried as is memorializing the Resolution. · Completeness Review Paul I. Perkins and Belkus Perkins – 311 Kinderkamack Road, Block 1004, Lot 26. Application for a subdivision of an existing parcel into two new building lots. Mr. Barett appearing for the applicants. Total lot area currently is over 17,000 feet. The new lots would be 10,000 plus and 7,000 plus. As a result of the improvements contemplated for the existing building the applicants will be requesting a front yard setback of 25 feet whereas 30 feet is required since its a corner lot there are two front yards. By subdividing what is now a side yard becomes a rear yard and that is deficient as the dwelling is a bit over 5 feet from the sideline whereas a minimum of 7 ½ feet is required so that is another variance. All proofs have been submitted and reviewed by Ms. Stinley and they are acceptable for the Board to have jurisdiction to proceed. Mr. Behrens asks the Board if they are being requested to approve the subdivision or also being requested to approve the dwelling on Lot 26.02 as well. Me. Barett explains that if the Board were to approve the subdivision the new home would be constructed as close to the new westerly line thereby increasing the distance between the existing home and the new home so the 71/2 foot setback would be adhered to along the westerly line and the home located there. This application has to do with a D variance therefore Mayor Papaleo and Councilman Chinigo cannot vote on the application and alternates cannot sub in for the Mayor or councilman. Motion to approve for completeness. So moved – Mr. Arakelian; Second – Mr. Gibbons. Roll Call - Mr. Caslin – yes; Mr. Mehrman – yes; Mr. Arakelian – yes; Mr. Gibbons -yes; Mr. Feffer – yes; Mr. Esposito- yes. The application has been deemed complete. Page 4 ·Old Business Brent & Chantelle Walker, 164 Webb Ave., Block 401, Lot 15 – Addition to existing dwelling require relief for maximum improved lot coverage. Carried from last meeting due to questions concerning the permanency of the sport court and the imperviousness of it. The Board asked the applicants to review their site plan and see where a reduction could be made in improved lot coverage that would fall below the 40%. A neighbor sent in a letter to the Board approving the Board's acceptance of the application before them. Mr. Costa's office suggested subsurface drainage. Mr. Merhman suggested larger drainage being calculated and installed so the applicant can reduced the improved lot coverage to under 40% by digging a bigger hole. The applicants can hook up the new roof drains in the front yard then the improved lot coverage would show something more desirable below 40%. Motion to open to the public – So made Mr. Arakelian; Second – Mr. Grasso. Mary Tantillo speaks from the public. She advises the Board that she feels the improvements the Walkers want to make are fine with her and she has no objections. Motion to close to the public. So made - Mr. Mehrman; Second – Mr. Arakelian. Mr. Motion makes a Motion granting approval to the Brent & Chantelle Walker application for a variance for improved lot coverage based on the fact that there is an existing impervious surface which is a sports court and the applicant has agreed to install a subsurface disposal system and a licensed New Jersey design professional should submit a signed and sealed drainage calculations and construction details to the Borough Engineer for review and approval for the subsurface installation and the calculations are such to reduce the improved impervious lot coverage to below 40% and that the Borough Engineer shall inspect the installation with a written acceptance of this infrastructure item and that the CO be contingent upon Borough engineer's acceptance. The sport court was put in the Board is improving that but it has to be mitigated as far as storm water management on that. They are not increasing the impervious coverage to affect this. So the Board is approving the coverage at 40%. No vote was taken due to a technicality with ZOOM. The meeting ended 9:30 p.m. Page 5