River Edge Land Use Board

BOROUGH OF RIVER EDGE LAND USE BOARD MEETING MINUTES May 11, 2022 Meeting called order at 7:30 – Pledge of Allegiance 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. a link to the meeting will also be posted on the Borough web site at https://www.riveredgenj.org/. Roll call: Mayor Papaleo – Excused Chairman Caslin - Present Mr. Mehrman – Excused James Arakelian - Present Lou Grasso – Absent Ryan Gibbons – Present Michael Krey – Present Eileen Boland – Present Dario Chinigo – Excused Gary Esposito – Excused Bruce Feffer – Present ALSO PRESENT: Marina Stinley, Esq., Mr. Behrens and Mr. Costa Completeness Review Yeshiva of North Jersey, 666 Kinderkamack Rd., Block 616, Lot 9. Installation of solar panels and 2 car ports both requiring lot and improved lot coverage, height and possibly other variances. Mr. Barrett appearing on behalf of the applicant. He advises the Board that Mr. Behrens will confirm that the applicants do not need lot and improved lot coverage, and they are amending the application due to the fact that the canopies will now be no more than 15 feet high which is what is permitted under the ordinance. Ms. Stinley advises the Board that they have jurisdiction to hear the application. Behrens advises the Board that after his review of the documents submitted the application is compete and the Board has jurisdiction to hear the 1 application. Motion to deem the application complete – So made – Mr. Gibbons; Second – Mr. Feffer. Roll call – Mr. Caslin – yes; Ms. Boland- yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Arakelian – yes and Mr. Gibbons – yes. Ms. Stinley makes an announcement to the Board that the Dunkin Donuts application a/k/a 915 Kinderkamack LLC has been carried to the May 25, 2022, meeting of the Municipal Land Use Board. New Business Yeshiva of North Jersey, 666 Kinderkamack Rd., Block 616, Lot 9. Installation of solar panels and 2 car ports both requiring lot and improved lot coverage, height and possibly other variances. Mr. Barrett for the applicant. Mr. Barrett calls his professional from the solar company. Mr. Daly is sworn in. He works for (inaudible) Solar and has worked for them for eight years as a senior solar consultant. He explains to the Board that the Yeshiva has two meters, and they use approximately 1.1 megawatts of power and they pay PSE&G approximately 15 cents per kilowatt. His company met with members of the Yeshiva and came up with a survey of the roofs of both buildings and they looked at creating designs to cover as much of the annual usage that they have. The company came up with a design for both roofs and also proposed to do carports because carports would take them to about 60% of the coverage to 98% of the coverage which provides a greater amount of savings for the Yeshiva. The sunniest most available place for the carports is in the middle of a parking lot in the back of and so the designs came out to where they will cover all most all of the usage. Mr. Barrett asked if there would be a surplus of electricity generated. Mr. Daly explains in commercial solar which means replacing the power that the consumer is using you have the ability to go and use as much as you use over the course of the year, you cannot produce more power and in any circumstance when you are doing an inner connection application with the utility you have to submit the detailed plans, the electrical and information about the production estimates and you have to be below 100% of the annual usage. The carports will be at 15 feet or below. Mr. Barrett inquired if the panels on the roof can be seen from Kinderkamack Road. Mr. Daly advised that when you are coming up from the south and looking at the lower roof you cannot see over the parapet. The panels are at 5 ½ pitch so they will be approximately 7 ½ inches off of the roof level so you will not even see the solar roof panels. At the northern part of the southern building (the larger building) there you do have visibility of the back portion of the white roof. The Yeshiva is having the roof replaced. They will be raising the parapet wall to block any visibility of the roof and/or the solar panels. Mr. Krey asks if the 7 ½ inches raise the roof level beyond the existing 41 1.2 feet – will that take in to 42 in change. Mr. Dally explains that there is an ordinance which allows solar reflectors on the roof and it does not count toward the height. Mr. Behrens asks if there will be other types of equipment on the roof, i.e invertors, generators, etc. Mr. Daly advises that the inverters will be on the parapet wall and will not be visible. Mr. Behrens further inquires as to the potential of the megawatts. Mr. Daly responds it is 1.001and the Yeshiva is at 97 ½% of the actual usage. Mr. Behrens asks about ground mounted equipment associated with the carports. All inverters are installed on the posts. Every other bay there will be a 75 watt LED light it is designed to allow enough light but the lighting goes straight down toward the ground. Mr. Daly will send the specifications of the lighting to Mr. 2 Behrens. Mr. Costa just advises that they must follow the town ordinance with regard to lighting. Charging stations were addressed. They can have charging stations. Mr. Costa suggests that charging stations be addressed in the Resolution. If installed the charging stations would be under the carports and it would be a simple process to do. The Fire Department would be involved in this process. Weather patterns are discussed regarding the output of energy. No battery storage will be on site. The canopy foundations are centered where the parking spaces connect face to face, and they are 27’ 10” apart. So, every 27’ 10” apart you will have total of 9 foundations for each carport. Mr. Costa suggests yellow painting the columns in the carport. No parking spaces will be lost. Landscaping is addressed. Shade plants will be planted under the carports. Mr. Behrens asks for clarification as to the lighting, landscaping, screening etc. Mr. Barrett states that all of this has been addressed. They address buffering for the neighbors. There is a plan in place for landscaping and buffering the surrounding neighbors. The canopies that are proposed in the rear yard are not taking up parking, based on testimony they are now going to be compliant with respect to the maximum accessory building height and they appear to also comply with the Borough’s coverage and setback requirements. Peter Kirch the surveyor and Rabbi Clair are sworn in. He is asked what the distance is from the canopies to the property line both north and south. Mr. Kirch testifies that they are approximately 100 feet from the southerly property line and 160 from the northerly properly line. Ms. Boland asked if any trees were going to be taken down. Trees will be trimmed back. There are two crabapple trees that are going to be relocated. Mr. Gibbons wanted to know what the visual impact would be to the residents on Center, Tenney or Madison Avenue will they be able to see the towers over the carports? The surveyor could not answer, and Mr. Gibbons suggested that something be done so that it is not a visual eyesore to the people living on those streets. The surveyor and Rabbi state that they would be happy with any suggestions that Mr. Behrens or Mr. Costa would make. Mr. Arakelian just wanted some clarity that the reason for this project was to supply operating power to the school. He wanted to know if there was any benefit to the Borough. Mr. Barrett responds – its green. He brings up possible noise to the neighbors should there be a heavy rain and/or hailstorm. Mr. Arakelian requested some investigation into this possible noise issue. Mr. Arakelian also addressed a shut off switch if for some reason a panel caught fire and Mr. Daly said there are shutoff switches on top of the roof and down below. He would like the Fire Department to have a copy of this plan for their review. There also has to be enough room for the Fire Department to maneuver their equipment should they ever be called to that location. A turn radius needs to be established. It was suggested that the parapet be raised to conceal the air conditioning units and the same was agreed upon. Mr. Barrett states that the ordinance permits no more than 20% above the height limitations of the (inaudible) he believes the height is 35 so that would be 7 feet. From the four corners its 40 feet the current existing roof and the ordinance permits 20% above the permitted height. Ms. Stinley clarifies for the record that the applicant agrees to shield the exiting equipment on the roof. Mr. Costa suggested striping in and around the canopies for protection. Mr. Behrens clarified that the lighting would be on a timer. Rabbi Clair testified as to the landscaping along the northerly property line. He advises the Board that he spoke with his 3 facility manager who recommended white pine. He said the grow quick and thick and that is what he suggested to screen the property effectively. He also stated that he would work with Mr. Behrens and the Board to fill in any gaps. If something needs to be done on the southerly line, they will take care of that also. Ms. Boland suggested deer resistant plants and trees be planted. Mr. Beherns wants to clarify height of what will be planted. The Rabbi responds that he will agree to whatever recommendations are made. Motion made to open to the public – So made – Mr. Arakelian; Second- Mr. Feffer. Ms. Powers, 15 Tenney Avenue – She believes she will be the resident most affected by this project. She wanted to know how much of the roof she would see from her deck. She asked if the route of the buses would be changing, she spoke of much debris stacked up and around her fence. She asked that when they speak of landscaping are they talking about the north end - is that by 15 Tenney Avenue and all the way up to the bank or is that just the bank. She wanted clarification. Mr. Arakelian said it did include her area. She told the Board that nothing would grow there because it is all rock in that area. The Board clarifies that the bus route will not be changing. Jill Peltzman, 25 Tenney Avenue, - her property backs up to the playground. She expressed her appreciation for the reduction of the carbon footprint. She also questioned the trees being planted along the property line. She did not feel there was enough space for planting. Mr. Barrett clarified that there is space to plant. Her main concern is the construction in itself. The timeline, noise, construction debris. She works from home so it may become difficult for her to work if the noise becomes an issue. Mr. Daly advises that it will be at least a week or two to put in the foundations of the two carports. Foundations are put in first and then they bring in the actual carports. Panels will take about a week to be installed. Mr. Daly stated that their goal is to start the foundations going in at the end of July beginning of August. The panels will be installed while school is in session, so minimal noise. The carports are brought in, in pieces and bolted together, which only takes a few days. The project needs to be completed before the new school year starts. No further statements from the public. Motion to close to the public – So made- Mr. Arakelian; Second – Mr. Feffer. Motion on the application – Mr. Arakelian states that the Board did hear about the benefit, i.e shrinking the carbon footprint, the Board has heard from neighbors about their concerns and those concerns seem to have been addressed, the Board expects the Yeshiva to continue to be the good neighbors that they are, so with that and the recommendations from our professionals, so based on that and what the Board attorney will remind the Board and applicant what must be done, Mr. Arakelian makes a motion for approval. Ms. Stinley addresses the Board and Mr. Barrett as follows: The applicant is amending their application to request 15 foot height for the carports; the applicant agreed to a six month review period from the installation of the carports and solar panels for lighting, sound and landscaping; the HVAC on the roof will be screened to the satisfaction of the Board professionals with at least three sides screened; the applicant will submit a lighting plan and electrical specs for the equipment; the applicant will install deer resistant plantings and fill in plantings along 4 the property lines to the satisfaction of the Board professionals; the applicant will obtain review from the Fire Department and will comply with Fire Department recommendations; the applicant will rebuild the parapet to screen the solar panels, southern building on the northwest corner; applicant will install caution paint or plastic on the poles of the carports and will stripe the parking spaces. Motion to approve – Mr. Arakelian; Second – Mr. Krey. Roll call – Mr. Caslin – yes; Ms. Boland- yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Arakelian – yes and Mr. Gibbons – yes. Motion passes. Approval of minutes April 13, 2022, meeting – Ms. Stinley comments that with regard to Hernan Green – the application was not withdrawn it was just dismissed without prejudice; the minutes will be revised to reflect that. Motion to accept the minutes - So made – Mr. Arakelian: Second – Ms. Boland. Only those eligible to vote – Roll call – Ms. Boland – yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Arakelian – yes. Motion passes. Memorializations Jerry Maietta, 421 The Fenway, Bock 909, Lot 13 variances for minimum side yard setback. Draft Resolution has been circulated. Motion to approve – So Moved – Mr. Arakelian; Second - Ms. Boland. Roll all – (only those eligible to vote) – Ms. Boland – yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Arakelian – yes. Motion passes. Nilufer Guleyupoglu, 257 Wayne Avenue, Block 907, Lot 22 – granting a variance for maximum improved lot coverage. Draft Resolution has been circulated Motion to approve – So Moved – Mr. Arakelian; Second - Ms. Boland. Roll all – (only those eligible to vote) – Ms. Boland – yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Arakelian – yes. Motion passes. Resolution recommending the adoption of Ordinance 22-9, amending Chapter 416 Zoning of the Borough of River Edge Code. Ms. Stinley first does a consistency review. This ordinance was introduced by the Borough Council on April 25th. It incorporates all previous recommendations in the earlier version of the electric vehicle ordinance, they incorporated all changes and just introduced it under a different number now the Board needs to take a vote on whether the new ordinance No. 22-9 is consistent with the Master Plan. The phrase is not inconsistent with the Master Plan the Board can take that vote. Ms. Stinley prepared a Resolution in anticipation and the Board can make any changes or additional recommendations if the Board would like. As discussed earlier this ordinance mirrors the State’s EV model and there are only limited sections that the Borough is able to amend. Motion to approve the ordinance as not inconsistent with the Master Plan is made by Mr. Feffer - Mr. Krey asks for clarification as to consistent and not consistent. Mr. Behrens explains the difference to Mr. Krey. Motion made by Mr. Feffer; Second – Ms. Boland. Roll Call – Mr. Caslin – yes; Mr. Boland – yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Gibbons – yes; and Mr. Arakelian – yes. Another vote on the Resolution. Ms. Stinley advises that the only comment she put into the Resolution was that there could be a reference to the specific section of the zoning chapter where this new part of 5 the ordinance will go. Ms. Stinley proposed Chapter 416 -34.3 or any other appropriate section the Borough Council would approve within the zoning chapter. With that modification a motion is made by Mr. Feffer, Second – Mr. Krey. Roll Call – Mr. Caslin – yes; Mr. Boland – yes; Mr. Feffer – yes; Mr. Krey – yes; Mr. Gibbons – yes; and Mr. Arakelian – yes. Motion passes. Motion to open to the public – So made- Mr. Gibbons; Second – Mr. Arakelian. Raymond Stitch, 210 Mohawk Drive, is speaking about new construction of Zabriskie Place, cutting back on trees and a wall and he does not see a retaining wall and he thinks that is a danger. This is not a Board matter, but Mr. Costa stated that he would be out there tomorrow to check things out. There is another property on Lakeview which Mr. Costa advised is in Court at the moment. Lasty, he speaks about different projects going on in town. He is reminded again that this is not the forum for his concerns. Antoinette Kofler, 42 Tenney Avenue, she has a similar issue as to retaining walls. She states that everything is pushing on her cedar fence – again Mr. Costa jumps in and explains that she is not at the correct Board for her complaints. Motion to close to the public – So moved – Mr. Arakelian; Second – Mr. Gibbons. Ms. Stinley circulated a memorandum regarding proposed zoning updates, she has been speaking with Mr. Behrens as to what the next steps should be and what is proposed is that the Board hold a public hearing on an amendment to the 2020 Master Plan re-examination report. It will be short report that will highlight all the proposed changes and recommendations that the Board is making and then the Board can prepare on comprehensive zoning ordinance that will change the items that need to be fixed and this will simplify the process. They are proposing that at the next public hearing on the 25th to hold a public meeting on the report that Mr. Behrens is preparing, notice has to be submitted to the newspaper to let everyone know that there is going to be a hearing and then there will be a discussion and the ability for members of the public to comment. The purpose of the report is to facilitate the modifications made. Mr. Behrens explains he process going forward. Motion to close the meeting – So made - Mr. Gibbons; Second – Mr. Krey. 6 7