River Edge Land Use Meeting

BOROUGH OF RIVER EDGE LAND USE BOARD MEETING MINUTES COUNCIL CHAMBERS January 20, 2021 Zoom - Meeting called order at 7:30 p.m. 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 James Arakelian - Here Vice Chairman, Dick Mehrman - Here Lou Grasso - Here Ryan Gibbons - Here Michael Krey – Here Eileen Boland – Here 1  Dario Chinigo – Here Gary Esposito – Here Bruce Feffer (Alternate member) - Here ALSO PRESENT: Marina Stinley, Esq. Mr. Behrens Memorializations • Kilim Mediterranean, LLC – 645 Kinderkamack Road, Block 614, Lot 8.02, food handler's license Chairman Caslin asks the Board if there are any comments regarding the Resolution. There being none he requests a Motion to approved. So moved – Mr. Gibbons; second – Mr. Mehrman. All in favor – Aye. Any opposed, any abstained? Ms. Boland abstained as she was absent at that meeting. • Susan Ng – 916 Poplar Avenue, Block 108, Lot 11- proposed addition, lot coverage and height variances. Chairman Caslin asks the Board if there are any comments regarding the Resolution. Mr. Feffer had a question recalling hearing something and seeing something in the Resolution that the applicant was asked who would be living in the premises. He was wondering as a matter of policy if that question and answer should be incorporated into the Resolution. The reason for his asking is because it really is not a requirement at least not in this type of application a requirement as to who is going to be living in the house. He believes that if it had some bearing on the use of the property or the size of the property but the questioner during the public portion was asking because the prior owner had some disruptive or unruly people living in the house so that was the reason for her question as to who would be living in the home. Mr. Feffer was wondering if that type of information should be put into a Resolution when it really doesn't have a bearing on the validity of the application. Ms. Stinley advises that she included in into the Resolution just to include it as part of the record. She advised that if the Board wanted her to remove it from the Resolution she would because it did not have a bearing on the decision of the Board. Mr. Feffer felt for privacy reasons, such as the fact that the applicant advised that she would be living there with her three children, he did not feel comfortable including that type on information into a public Resolution. The Board decided to amend the Resolution. Mr. Mehrman further clarified that there was no height variance on this application. For clarity Chairman Caslin requests a Motion to approve the Resolution with that modification. Motion- So made - Councilman Chinigo; Second – Mr. Grasso. All in favor – Aye. Any opposed and abstained? Ms. Boland abstained as she was absent at that meeting. • Resolutions naming professionals or 2021 ◦ Resolution appointing Burgis Associates as the Municipal Land Use Board Planners for 2021. Motion to approve. So moved – Mr. Krey; Second – Mr. Grasso. All in favor – Aye. Any opposed, any abstained. Ms. Boland abstained as she was absent at that meeting. ◦ Resolution appointing Cleary, Giacobbe, Alfieri & Jacobs as Municipal Land Use Attorneys for 2021. Motion to approve. So moved – Councilman Chinigo; Second – Mr. Gibbons. All in favor – 2  Aye. Any opposed, any abstained Ms. Boland abstained as she was absent at that meeting. All in favor – Aye. Any opposed, any abstained. Ms. Boland abstained as she was absent at that meeting. ◦ Resolution appointing Costa Engineering as Municipal Land Use Board Borough Engineer for 2021. Motion to approve. So moved - Mr. Grasso; Second – Mr. Mehrman. Ms. Boland abstained as she was absent at that meeting. Completeness Review • McElroy – 168 Concord Drive, Block 605, Lot 12 – Proposed building addition of a front porch – front yard setback, lot coverage variances. Ms. Stinley has reviewed the proofs submitted by the applicant and they are sufficient for the Board to have jurisdiction to hear this application. Mr. Behrens also reviewed the application materials and has determined them to be sufficient to be heard this evening. Motion to approve completeness. So moved – Mr. Gibbons; Second – Mr. Krey. Roll call – Mr. Mayor – yes; Chairman Caslin – yes; Mr. Mehrman – yes; Mr. Arakelian – yes; Ms. Boland – yes; Mr. Gibbons – yes; Mr. Grasso – yes; Mr. Krey - yes; Mr. Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. New Business • McElroy – 168 Concord Drive, Block 605, Lot 12 – Proposed building addition of a front porch – front yard setback, lot coverage variances. The applicant is sworn in. The applicant is proposing to construct a front porch on the front of his home. The applicant shows the Board pictures of other homes on the block which have porches showing the aesthetics of how it will look. He shows the Board a picture of his house as it looks currently. The applicant is looking for 6 feet of space. Mr. Behrens advises the Board that it is a developed lot with a driveway and all the typical features that you would see in a typical residential neighborhood in River Edge. He believes that there is value both functionally and aesthetically having some covering over the front door as well as expanding and having some level of porch area to sit on. The Board has had porch applications in the past and the reason this rose to the level of required variance relief is that there is an exemption of 35 square feet and up to a projection of 5 feet from the front of the dwelling it can accommodate a portico on the front of the house that it could project into the front yard. In this case it goes slightly beyond that – it goes about a depth of six feet or a front yard setback of 24.7 feet where 30 feet is required. In order to have a porch on this house you need to go beyond the front yard setback because the house is developed at the 30 foot threshold. In terms of the other required variance relief the proposed lot coverage is 1.2% over the maximum 25% coverage, that translates to about 86 square feet and the impervious coverage variance is for .64% over the 35% maximum and that translates to 46 square feet. Mr. Behrens notes that the porch will go in the area of existing impervious coverage so it will not exacerbate that condition it just so happens to be a feature of the property. The relief being sought seems to be de minimus and the depth of the proposed porch is 6 feet which is probably the least you can do to have a functioning porch and it will be an enhancement to the home. 3  Chairman Caslin opens questions up to the Board. Mr. Feffer brings up a question regarding the slab that is currently where the porch will be. Mark Bonardi, 324 Taft Road, River Edge is sworn in by Ms. Stinley. He is the contractor on the project. He advises that the slab will be removed for the installation of the new footings to support the porch. When that is removed they will be installing a nice walkway out to the driveway. Ms. Boland makes mention that she might have to recuse herself because Mr. Bonardi built the porch she has on her home. Mr. Mehrman makes note that there were architectural plans submitted with the application should there be any questions regarding the construction. Chairman Caslin requests a Motion to open to the public. So Made - Mr. Mehrman; Second – Councilman Chinigo. All in Favor – Aye. Any opposed any abstained? Motion to close to the public – So made – Mr. Mehrman; Second – Councilman Chinigo – Second. All in favor – Aye. Any opposed any abstained? Motion to accept the application – Mr. Mehrman makes a Motion that the Land Use Board regarding the proposed front porch addition at 168 Concord Drive, Block 605, Lot 12 and the three requested variances being de minimus be approved. Chairman asks Ms. Stinley about Ms. Boland's recusal regarding the applicant's contractor being the same contractor who constructed her porch. Ms. Stinley did not see an issue but advised that Ms. Boland could recuse if she liked. Second on the Motion – Councilman Chinigo. Roll call – Mr. Mayor – yes; Chairman Caslin – yes; Mr. Mehrman – yes; Mr. Arakelian – yes; Ms. Boland – yes; Mr. Gibbons – yes; Mr. Grasso – yes; Mr. Krey - yes; Mr. Chinigo – yes; Mr. Feffer – yes and Mr. Esposito – yes. Application is approved. Chairman Caslin advises the Board that Mr. Behrens got an annual report together and it was circulated via email. He will put this on the agenda for the next meeting. There is a review going to be made regarding the structure of escrow fees for the Borough professionals in reviewing applications. Apparently the ordinance has not be updated for sometime and the Board might be asked for some input as to any proposed amendments to that fee schedule. He reminded the Board that the Land Use Board meetings will be moved to the second and fourth Wednesday of the month going forward. Motion to close – So moved – Mr. Gibbons; Second – Mr. Grasso. All in favor – Aye. 4