Planning Board Meeting

WALDWICK PLANNING BOARD August 7, 2024 The Formal Session of the Waldwick Planning Board was held on Wednesday, August 7, 2024 at 7:30 p.m. and was called to order by Chair, Adele Badalamenti, who made the announcement of adequate notice of all meetings. ROLL CALL: Ms. Badalamenti present Mr. Mysliwiec present Mayor Giordano present Mr. Oravetz present Mr. Schatz present Mr. Posillico absent Mr. Ramundo present Mr. Panfile absent Mr. Cabibo present Mr. Vervoort present Mr. Kowalski present Also Present: Cliff Singer, Board Attorney Joyce Sinclair, Board Secretary GREETINGS TO THE PUBLIC: No one appeared. APROVAL OF MINUTES: A motion was made for the approval of the Minutes of June 5, 2024 by Mayor Giordano and seconded by Mr. Oravetz. The July 10th meeting was cancelled. A unanimous vote was taken. The Minutes were approved as submitted. RESOLUTION: H & B WALDWICK LLC Master Cha’s Summit Martial Arts Barry Cohen, Esq. Tae Kwon Do, Inc. SR 587 19 W/ Prospect Street Block 114, Lot 15 Tenant Review-Living Space NEW APPLICATION Barry Cohen, Esq., appeared before the Board. The Applicant is the owner of the property and proposes to use the second floor for as his residence, previously it had been office space. There are no alterations to the premises proposed. There are smoke detectors and carbon dioxide detectors currently in place. 1 Mr. Mysliwiec noted that the premises are located in the VC-3 zone and mixed use is a permitted use. Master Cha appeared before the Board. He is the operator and the principal of H & B llc, Master Cha Martial arts. At the time of the tenant approval for this business, there were seven parking spaces allocated. The proposal does not change the seven spaces. Master Cha and his wife desire to reside in the proposed apartment space. Mr. Cohen suggested that this permission be valid for as long as they operate the martial arts studio. Mr. Mysliwiec felt that Mr. Cha, as owner of the property, should be able to continue to reside there even if there is another business below. Mr. Singer noted that the number of parking spaces would need to remain the same. Mr. Mysliwiec noted that he would be physically unable to have any more parking spaces and that there are several business along the side of this building that have no parking spaces and it is strictly off street parking as well as a few apartment buildings without parking spaces. It would be putting a burden on the ownership of the building to to have a provision that would only be for when that particular business operates. Mr. Mysliwiec noted that this building has been grandfathered before the parking stipulations were in effect. The applicant does not have a use variance issue. Mr. Mysliwice noted that both the dwelling and the business can co-exist together as they operate in different ways. Master Cha and his wife and two children would like to use this space as an apartment, there are no alterations needed and no structural changes to take place. It has a kitchen and a bathroom. Mr. Mysliwiec noted that a certificate of compliance will be needed if approved. Any improvements would comply with code. Mr. Vervoort questioned if Master Cha were to find another home if this space can be rented. It was noted that any change of occupancy will trigger another review by the Board. Currently they have town garbage pickup and that will remain the same. There was no one in the audience to address this application. Mr. Singer summarized that the Application is for permitted residential use on the second floor where previously there has been an office use. This is permitted by code, The Board is being asked to approve a permitted use with the condition that the occupancy of the residential unit cannot be changed without Planning Board review, and any improvements that are done must comply with the code. A motion for approval of this Application was made by Schatz and seconded by Mr. Vervoort. A unanimous vote was taken. The Application was approved. 2 NEW BUSINESS: Mr. Singer reminded the Board of the importance of not discussing an application until it has been submitted and is complete. There can be no discussion about it, whether good or bad. He noted that as members of the Board, they are constrained from talking about things that are before the Board or that will be coming before the Board. If a friend of a member has an application before the Board it becomes a conflict of interest and that member may need to recuse himself from the Application. Social events that are hosted or given by members of the community or businesses are well and good but if that host then has an Application before the Board and you have participated in the social event, this would become a conflict. Mr. Singer advised that if a member is in doubt as to whether there is a conflict of interest on any particular application, to speak to the Board Attorney to see if they should recuse. OLD BUSINESS: None ADJOURNMENT: A motion was made for adjournment by Mr. Schatz and seconded by Mr. Vervoort at 8:30 p.m. Joyce C. Sinclair, Secretary 3