River Edge Land Use Meeting

BOROUGH OF RIVER EDGE LAND USE BOARD MEETING MINUTES COUNCIL CHAMBERS January 6, 2021 Zoom - Meeting called order at 7:30 p.m. Chairman Arakelian 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. Roll call please: Mayor Papaleo – Here Chairman, James Arakelian - Here Vice Chairman, Dick Mehrman - Here Lou Grasso - Here Ryan Gibbons - Here Michael Krey – Here Eileen Boland – Absent with prior notice Chris Caslin- Here Dario Chinigo – Here Gary Esposito – Here 1  Bruce Feffer (Alternate member) - Here ALSO PRESENT: Marina Stinley, Esq. Mr. Behrens • Reappointment of Board members. Chairman Arakelian opens the meeting up by confirming Board member reappointments. Ms. Boland was reappointed, Mr. Mehrman was reapppointed and Mr. Gibbons was moved from first alternate to a regular member. Mr. Esposito was also reappointed. Ms. Stinley then swears in Mr. Feffer. Reappointed members – Councilman Chinigo (Class B member) for new one year term. Ms. Boland reappointed too a new three year term. Mr. Gibbons (Class 4 member). He will complete the term of Mr. Bartelloni and his term will end in December 2022, Mr. Esposito is starting a new two year term as an alternate member, Mr. Mehrman (Class 4 member) is reappointed for a new four year term as well. Ms. Stinley swears in all the reappointed members. • Adoption of 2021 Calendar. A request by the Mayor was made to move the Board meetings to the second and fourth Wednesday of the month as apposed to the first and third Wednesday of the month. Starting February and moving forward the meetings will take place on the second and fourth Wednesday of each month. A new calendar will be emailed to all Board members. Motion to amend the adoption of the 2021 calendar - So made- Mr. Mehrman; Second – Mr. Gibbons. Roll call Mayor Papaleo – yes; Chairman Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – yes; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • Election of officers. Chair – Motion made by the Mayor for Chris Caslin; Second – Councilman Chinigo. No other nominations made. Roll call - Mayor Papaleo – yes; Mr. Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – yes; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. Chris Caslin is the new Chairman of the Municipal Land Use Board. Mr. Arakelian addresses the Board members. Thanking them for five years that he has served with them on the Board as Chairman. The Mayor thanks Mr. Arakelian for his twenty-five years of service to the Borough of River Edge and five years as the Chair. Newly elected Chairman Chris Caslin takes over the meeting with the election of officers. • Vice Chair – Mayor nominates Dick Mehrman for Vice chair; Second – Mr. Grasso. There are no other nominations. Roll call - Mayor Papaleo – yes; Mr. Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – abstain; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. 2 • Board Secretary – Mr. Arakelian nominates Mr. Grasso; Second – Mr. Mehrman. There are no other nominations. Roll call - Mayor Papaleo – yes; Mr. Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – abstain; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • Board Professionals – Board Attorney – Mr. Arakelian nominates Ms. Stinley and her team of Brian Chewcaskie and Nylema Nabbie. Second – Mr. Mehrman. No other nominations. Roll call - Mayor Papaleo – yes; Mr. Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – abstain; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • Board Planner – Mr. Arakelian nominates Thomas Behrens; Second – Councilman Chinigo. No further nominations. Roll call - Mayor Papaleo – yes; Mr. Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – abstain; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • Board Engineer – Mr. Arakelian nominates Robert Costa of Costa Engineering; Second – Mr. Gibbons. No further nominations. Roll call - Mayor Papaleo – yes; Mr. Arakelian – yes; Ms. Boland – absent; Mr. Gibbons- yes; Mr. Mehrman – abstain; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • Approval of 12/16/20 Minutes. • Motion to approve minutes – So made- Mr. Arakelian (thank you for your kind words, they are appreciated); Second – Mr. Krey. All in favor – aye, any opposed any abstained – Mr. Mehrman, Mr. Grasso and Mr. Gibbons abstained. • Memorializations Jelena and Nenad Pasic, 171 Valley Road, Block 1101, Lot 18. Motion to approve – So moved- Mr. Krey; Second - Mr. Arakelian. All in favor – Aye and opposed, any abstained? Mr. Mehrman, Mr. Gibbons and Mr. Grasso abstained. Jason and Dana Hosey, 219 Voorhis Avenue, Block 707, Lot 11. Motion to approve – So moved – Mr. Krey; Second – Mayor Papaleo. All in favor – Aye and opposed, any abstained? Mr. Mehrman, Mr. Gibbons and Mr. Grasso abstained. Tina Xue, 226 Manchester Road, Block 901, Lot 22. Motion to approve. So moved – Mr. Krey, Second – Councilman Chinigo. All in favor – Aye and opposed, any abstained? Mr. Mehrman, Mr. Gibbons and Mr. Grasso abstained. • Completeness Review. Kilim Mediterranean, LLC, 645 Kinderkamack Road, Block 614, Lot 8.02 Ms. Stinley received and reviewed the proofs submitted by the applicant and they were sufficient to permit the Board to have jurisdiction to proceed. Mr. Behrens has reviewed the application materials and they are also sufficient to determine that the application is complete to be heard by the Board. Motion for completeness. So moved – Mr. Gibbons; second – Mr. Mehrman. Roll call Mayor Papaleo – yes; Mr. Arakelian – yes; Mr. Gibbons- yes; Mr. 3  Mehrman – yes; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • Susan Ng – 916 Poplar Avenue, Block 108, Lot 11 – proposed addition with lot coverage variances being requested. Ms. Stinley received and reviewed the proofs submitted by the applicant and they were sufficient to permit the Board to have jurisdiction to proceed on the application tonight. Mr. Behrens has reviewed the application materials and they are also sufficient to determine that the application is complete to be heard by the Board. Motion for completeness. So moved – Mr. Gibbons; Second – Mr. Mehrman. Roll call Mayor Papaleo – yes; Mr. Arakelian – yes; Mr. Gibbons- yes; Mr. Mehrman – yes; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. • New Business. Kilim Mediterranean, LLC, 645 Kinderkamack Road, Block 614, Lot 8.02 – Application for a food handlers license. Colin Quinn, Esq., attorney for the applicant. Application for site plan approval in connection with a food handler's license. Required under Section 350-4E of the Borough site plan view ordinance. There are no other variances for parking or any other aspects of the proposed use. There was a prior application in 2004 for a restaurant in this exact location wherein 82 seats and the accompanying parking was approved by the Board and it is the intention of this applicant to stay within the confines of that Resolution and provide 82 seats and comply with the parking requirements as well. Andrew Fethes, licensed architect on this application. Board accepts professional's qualifications. Mr. Fethes introduces the plans to the Board, it is an existing Mediterranean restaurant located in a strip mall along the west side of Kinderkamack Road. This particular space is on the north side of the facility of a building one storefront south of the northern most part of the strip mall. There is a large dinning room measuring 1, 350 square feet, behind that to the west of the small dinning room is a small wait station, behind that the primary kitchen (340 square feet), two bathrooms, a corridor and utility closet. Restrooms are ADA compliant. 82 seats broken down into numerous 2, 4 and 5 person tables; seven 2 person tables; twelve 4 person tables and four 5 person tables. There is a standard cook line with a commercial hood infiltration above it, gas range, flat top are all in this area as well as a prep table adjacent to it. Ingress/egress – primary entrance north east corner of the restaurant in addiction there is an egress corridor along the southwest corner that leads directly to the dinning room in addition to the wait station and kitchen to an exit door that leads to the back of the building. There is access to the basement in the northwest corner of the restaurant; on half is a food prep area and storage area with a walk in refrigerator and hand sink and then there is a small office and another area for storage and mechanical equipment, compressors, hot water heater, etc. There is a means of egress out of the basement. Applicant's engineer – Sean McClellan – Goes through site plan with the Board. Parking lot south of the property off of Monroe Avenue. Its a one-way parking area which loops around the building along Kinderkamack back onto Monroe Avenue. There are 105 parking spots as it currently exists. Applicant is keeping the spots as is. Trash area is discussed rear door of restaurant leads to access to the dumpster. Mr. Turkeri owner of Kilim Mediterranean testifies that he is the responsible party for this application. Hours of operation will be 11:00a.m. to 10:00p.m., Tuesday through Sunday. Monday they are closed. 4  Take out delivery, lunch and dinner. Most likely heavier dinner crowd as opposed to lunch. Five employees will on site per shift. With respect to delivery vehicles will not be parked on site and there are no commercial vehicles. Everything in the kitchen is brand new. A commercial cooking hood has been installed and filters. Filters are changed every week and every two to three months they have the systems serviced. Outdoor dining is on hold at the moment they are awaiting approval from the town as the previous permit has expired. Mr. Behrens advises that this is a variance free application. There is an existing sign with the restaurant name and he believes it fits within a previously approved sign and box so here doe not appear any issues there and the existing sign is conforming. Applicant should comply with all prior approvals for both the space and the site. Mr. Behrens advises the Board of the new guidelines the state came up with regarding outside dining through the winter months and the applicant must comply with those state guidelines moving forward. Safety barriers are in place. Perimeters that have changed for the winter months pertain to the amount of walls on the tent which remains at two. A tent can be either snow rated and be allowed to stay up or there must be a snow plan i.e., if there is inclement weather or significant snow expected the tents need to be taken down beforehand. Motion to open to the public – So made- Mr. Mehrman; Second- Mr. Grasso. All in favor aye. Any opposed any abstained? Motion to close to the public – So made – Mr. Gibbons; Second – Mr. Mehrman. All in favor aye. Any opposed any abstained? Motion on the application made by Mr. Mehrman – that the Board approve the application for a food handler's license for 645 Kinderkamack Road, Block 614, Lot 8.02, total seating capacity of 82 which the Board is approving includes the total of indoor and exterior and that the exterior seating conform to all current and existing Borough and state regulations. If the applicant wants outdoor seating after the pandemic it will have to be a new application. Second – Mr. Grasso. Roll call Mayor Papaleo – yes; Mr. Arakelian – yes; Mr. Gibbons- yes; Mr. Mehrman – yes; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. The Motion passes. • Susan Ng – 916 Poplar Avenue, Block 108, Lot 11 – proposed addition with lot coverage variances being requested. The applicant is looking to expand on the footprint of the home. The current existing right now is 31. 14% and the proposed layout is 31.05% - the allowance is 25% thereby going over a little in the back to make a four bedroom on the second floor. Currently the home does not have a second floor. The architect is Chris Blake- This is a second floor addition to a ranch style home. The property is undersized (5,000 square feet – 50 x 100) where the R1 zone requires 7,500 square feet, its also a narrow property at 50 feet where a 75 foot frontage is required. The applicant is not exceeding but extending the existing non-conforming front yard of 19.33. The two side yards are over 5 feet and the combined side yards are 15 feet and are in compliance. The rear yard is in compliance as well. The existing non-conforming front yard setback will be maintained. They will be decreasing the size of the existing deck and making the stairs and the walkway simpler in the backyard. The end result is that the coverage will be less than what is there right now, however the applicant is over the allowable lot coverage and over the approved allowable improved lot coverage. The allowable lot average is 25% the current situation is 30.78% the applicant is proposing a slight reduction of 30.72%; the improved lot coverage is required to be 35% and it is over 39% and the applicant is decreasing it to 38.50%. The applicant will be maintaining the same coverage that is there now on the property. The applicant will be upgrading the sod around the house and sprucing it up as to the exterior in keeping up with the style of the neighborhood. 5  Mr. Behrens adds to the architects testimony and notes that the addition of the dwelling itself is 136 square feet or 2.5% so in terms of the coverage being looked at the maximum lot coverage or building coverage is 25% and the maximum improved lot or impervious coverage is 35%. As proposed the dwelling itself is 22.5% (below the 25% threshold); the deck is approximately 3.25% additional building coverage and the detached garage is 5%. The existing building coverage is at just over 31% and the proposed is about 31% which includes the front stoop. The impervious coverage existing is 39.28% where proposed is a reduction to 38.54%. Mr. Behrens further notes that what is driving this in the existing coverages is the existing deck which based on Borough records does not seemed to have been approved and this would have been built prior to Ms. Ng's purchase of the property. Mr. Behrens asks the applicant if there are any proposed seepage pits on this project to deal with the excess coverages. The applicant and professionals are not aware of any seepage pits but will confer with the Borough engineer with regard to that. Mr. Behrens notes that the driveway has been fully paved however that does not impact the impervious coverage calculations because the Borough discounts in the case of a detached garage the distance between the front of the house to the garage does not count toward impervious. The Board had no questions. Motion to open to the public made by Mr. Mehrman; Second – Mr. Gibbons. All in favor -aye; any opposed any abstained? Jen Papantonio of 912 Poplar Avenue – agrees that this will be a wonderful improvement to the neighborhood. She inquired as to noise abatement due to the fact that people are working from home right now. The applicant advised that construction would go from 8:00 a.m. to 4:00 p.m. but the only noise will be during demolition and framing which normally takes two weeks and after that everything else is inside so the noise will be minimal at best. The public guest inquired of the applicant if she intended to rent the property or live in the property. The applicant advised that her intentions are to live in the property. Motion to close to the public – so moved – Mr. Gibbons; second – Mr. Mehrman. All in favor aye. Any opposed any abstained? Motion on the application – Mr. Mehrman makes a motion that the Land Use Board approve the application for the covered variances; the maximum lot coverage and the maximum improved coverage also recognizing that there is likely pre-existing deficiency from a setback standpoint in place. That the Borough Engineer review the application from a drainage standpoint. Mr. Behrens inquired as to some plastic in the front of the property and would like the same acknowledged in the motion just to make sure that things are impervious and pervious where they should be. Roll call Mayor Papaleo – yes; Mr. Arakelian – yes; Mr. Gibbons- yes; Mr. Mehrman – yes; Mr. Grasso – yes; Mr. Krey – yes; Mr. Caslin – yes; Councilman Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. The Motion passes. • Mr. Mehrman required as to a report of the Board's activities for the year and when they will receive it and he further thanked Mr. Arakelian as to his time as Chairman of the Board and he welcomed Mr Feffer to the Board. Mr. Gibbons further thanked Mr. Arakelian and welcomed Mr. Feffer to the Board. He wished Mr. Caslin luck as the new chairman of the Board. Councilman Chinigo also thanked Mr. Arakelian for his years of service, Mr. Gibbons for being bumped up, Mr. Feffer being on the Board and to everyone who was reappointed. Mayor Papaleo followed with the same sentiments as Councilman Chinigo and addressed the new dates for the Board meetings and thanked the Board for allowing that to happen. Motion to adjourn – Mr. Arakelian; second – M. Grasso. All in favor – Aye. Meeting adjourned. 6