River Edge Land Use Board

BOROUGH OF RIVER EDGE LAND USE BOARD MEETING MINUTES ZOOM MEETING August 11, 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 Mr. Mehrman - Here James Arakelian – Absent (Excused) Lou Grasso - Absent Ryan Gibbons – Absent (Excused) Michael Krey – Here Eileen Boland – Absent  Dario Chinigo – Here Gary Esposito – Here Bruce Feffer - Here ALSO PRESENT: Marina Stinley, Esq., Mr. Costa and Steve Lyden (Burgis Assoc.) Approval of Minutes – June 23, 2021 – Approved  July 14, 2021 - Approved (Councilman Chinigo abstained) Memorializations Request from ILBJ, LLC relating to 335 Johnson Ave., Block 1405, Lot 3. Previous application wherein the applicant has received preliminary and final site plan approval bulk variances and major soil removal approval to permit a salon and office building pursuant to a Resolution by the Board dated August 13,2018. The current extension is to expired on August 5, 2021 unless further extension is timely granted by the Board. A draft Resolution was circulated for review. Stephen Ianuzzi, member of the LLC for ILBJ, LLC is sworn in and gives the Board an over view of what is happening at the moment and why they are requesting an additional extension. He explains that the pandemic has brought all of the family businesses to a screeching halt. They are requesting of the Board some relief and leniency in granting them an extension. Mr. Mehrman asks the applicant if he believes that within the next year they can actually start construction on the site. Mr. Ianuzzi explains to Mr. Mehrman that they can only proceed as fast as they are able given the restrictions, i.e. what contractors are available, what subcontractors are available, what materials are available. He explained that he doesn't have a crystal ball but they are doing everything within reason and their capability to start as soon as possible. Mr. Costa advises the Board that he has no problem with them requesting an extension. Mr. Mehrman wants to know what is holding up the sewer permits the applicant refers to. Mr. Ianuzzi advises that the TWA has been in touch with him wanting additional information on the application. He advises he was given a green light by the TWA who advised that when they complete things they will process the application. Mr. Costa explain the difficulty in getting permits from the DEP at this time. Mr. Costa advised the applicant that he would help him anyway he can. Mr. Costa will help expedite matters. Ms. Stinley advises that Board has already extended this one year until August 5th and this would be the second extension request. But according to the Permit Extension Act passed in the state that permit is automatically extended for six months after the date because the permit was issued during the Covid pandemic so this is to allow the applicant to get the additional six months on the back end to get another full year. Motion to grant the extension as proposed – So made – Mr. Feffer; Second – Councilman Chinigo. Roll call – Mayor Papaleo – yes; Page 2 Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Motion for memorialization of the Resolution to extend the approval. So moved – Mr. Krey; Second – Mr. Esposito. Roll call – Mayor Papaleo – yes; Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Completeness Reviews Betsy Grosser – 68 Wayne Ave., Block 814, Lot 21. Proposed driveway extension to approximately 172 square feet to increase the improved lot coverage and to increase total coverage for which variance relief is being requested. Mr. Lyden of Burgis Associates advises the Board that he has reviewed the documentation presented and it is sufficient for completeness sake and recommend that the Board consider the application on its merits. Ms. Stinley advises the Board that she reviewed the proofs and deems them sufficient for the Board to have jurisdiction to hear the application. Mr. Mehrman makes the motion to accept the completeness of the application. Second – Mr. Krey. Roll call – Mayor Papaleo – yes; Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Application is deemed complete. Narmadan Kumarasamy, 364 Valley Rd., Block 905; Lot 27. Install several deck additions, shed, walkway & above ground pool. Lot Coverage variances required. Mr. Lyden of Burgis Associates advises the Board that he has reviewed the documentation presented and it is sufficient for completeness sake and recommend that the Board consider the application on its merits. Ms. Stinley advises the Board that she reviewed the proofs and deems them sufficient for the Board to have jurisdiction to hear the application. Motion to approve completeness – So made – Mr. Mehrman; Second – Mr. Esposito. Roll call – Mayor Papaleo – yes; Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Application is deemed complete. Asan Bretton, 17 Elizabeth Street, Block 1407 Lot 2. To construct additions to the existing single-family dwelling. Front Yard Setback, Side Yard Setbacks, and Rear Yard Setback variance relief required. Site is located in the Borough’s C-2 Commercial Zone, wherein a single-family dwelling is not a permitted use. The proposed additions constitute an expansion of a nonconforming use requiring ‘d’(2) use variance relief. Mr. Lyden of Burgis Associates advises the Board that he has reviewed the documentation presented and it is sufficient for completeness sake and recommend that the Board consider the application on its merits. Ms. Stinley advises the Board that she reviewed the proofs and deems them sufficient for the Board to have jurisdiction to hear the application. Mr. Mehrman makes the motion to accept the completeness of the application. Second – Mr. Krey. Since this application requires a D variance Mayor Papaleo and Councilman Chinigo are ineligible to vote. Roll call – Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Application is deemed complete. New Business Asan Bretton, 17 Elizabeth Street, Block 1407 Lot 2. Mr. Bruno requested to carry the application to the next available meeting. The applicant Page 3 agrees to carry the application and further agrees to waive all time frame for the Board to act. Mr. Lyden suggests that the applicant review his site plan drawing with the architects drawing and make sure they align before the next meeting. Motion to carry – So made – Mr. Mehrman; Second – Mr. Krey. All in favor – aye. Any opposed and abstained. Mayor Papaleo and Councilman Chinigo abstain.  Betsy Grosser – 68 Wayne Ave., Block 814, Lot 21. Applicants are sworn in and they give an over view of the project to the Board. They want to expand their driveway so they can park two cars side by side in their driveway. Questions are opened to the Board. Being no issues with the Board they open to the public – Councilman Chinigo is a neighbor and he sees the difficulty they have not having a double wide driveway and believes it would be a benefit for them to widen the driveway. No other public comments. Motion to close to the public. So made – Mr. Mehrman; Second – Mr. Feffer. All in favor -Aye. Any opposed and abstained – Councilman Chinigo abstained. Motion to approve the application - Mr. Mehrman makes a motion to approve the request of the applicant; Second – Mayor Papaleo. Roll call – Mayor Papaleo – yes; Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Application is approved. Narmadan Kumarasamy, 364 Valley Rd., Block 905; Lot 27. The applicants are sworn in. They provide an overview to the Board. They are proposing a multi tiered deck . The existing deck is at a height of 30 inches from the ground and 4 x by 6 feet. The applicants want to extend that to 14 x 28 feet for a total of 392 square feet. Directly attached to this would be a small pool deck allowing access to the pool. This pool deck will be approximately 12 x 6 feet for a total of 72 square feet and the deck would be gated off with an alarm system. They want to attach the main deck to a lower tier deck which would be separated by two steps. The lower tier deck will be at a height of aproximately14 inches and measure 11 x 22 feet. The lower tier deck will reduce the overall steps needed to get to the ground. The deck will be comprised of composite decking easily allowing any water to drain into the ground below it. The shed will be 10 x 12 feet for a total of 120 square feet and the side walkway would be a total of 4 x 77 square feet for a total of 308 square feet bringing the overall improved lot coverage to 48 .5% and the lot coverage to 35.1%. They are willing to make any adjustments suggested by the Board. Mr. Lyden questioned the necessity of 3 decks from a zoning prospective. The walkway from the driveway to the shed is excessive. He believes the walkway could be shorter or if the shed could be located to the other side of the property and it came from one of the decks then all the impervious wouldn't be necessary. He believes the applicants testified about personal things they needed as opposed to more detailed municipal land use law testimony focusing on what the positive and negative criteria seek to achieve for this type of variance. He believes the testimony should be more focused on the property and why compliance cannot be achieved. Mr. Costa addressed drainage issues. The Mayor asks the applicants if they would be amenable to trying to find some type of reduction permeable coverage in line with what the Board has historically done which is 40%. Mr. Krey expresses similar concerns as Mr. Lyden. Mr. Feffer feels also that coverage is excessive. He asked if any of their neighbors have anything similar to what they are asking for. Councilman Chinigo further reiterates the 40%. He suggests redoing the application, keeping in mind what the Board has allowed in the past, that being, no more than 40% of this lot coverage. Mr. Mehrman points out that it is very large lot that the applicants have and based on what the other Board members have expressed he agrees that the applicant should try to bring it down to 40% or less. Motion to open to the public – So moved – Mr. Krey; Second – Mr. Mehrman. Page 4 Cheryl Sage and Yvonne Wolf 379 Fifth Ave., River Edge. After she addressed her concerns with the Board the applicant advised Ms. Sage she was speaking about someone else's property and not theirs. She was speaking about a whole different property. The applicant advises Ms. Sage that she is speaking about 382 Valley Road. They do not have a retaining wall. The applicants are four houses away from her. She was told to contact the Borough to address her concerns regarding 382 Valley Road. Motion to close to the public – So made – Mr. Mehrman; Second – Mr. Esposito.  The applicants advise the Board that they do have a backup plan. They have suggested making the proportions of the deck smaller, the shed smaller and remove the walkway. Mr. Chinigo thinks a new plan and drawing should be submitted to the Planner and Board for review and to carry this application to the next meeting. The Board just ask that the applicants waive any and all time frames for the Board to act on the application until the subsequent meeting date. The Mayor asks the applicants to revise the plan to include numbers with the above ground pool and numbers without the above ground pool because if the structure will be in place for fifteen years it should be considered permanent coverage and therefore part of the number but if the applicants want to submit it as two different numbers and calculations for improved lot coverage - it has to be a part of whatever the applicants present. Motion to carry the application - Mr. Mehrman makes the motion but notes that the carry date is September 22; Second - Councilman Chinigo. Roll call – Mayor Papaleo – yes; Mr. Caslin – yes; Mr. Mehrman- yes; Mr. Krey – yes; Councilman Chinigo, Mr. Feffer – yes and Mr. Esposito – yes. Motion passes. Old Business None Motion to adjourn – So made – Mr. Mehrman ; Second – Mr. Krey. Meeting adjourned. Page 5