Planning Board Meeting

WALDWICK PLANNING BOARD November 6, 2024 The Formal Session of the Waldwick Planning Board was held on Wednesday, November 6, 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 present Mr. Ramundo absent Mr. Panfile present Mr. Vervoort present Mr. Kowalski present Also Present: Cliff Singer, Board Attorney Joyce Sinclair, Board Secretary Paul Grygiel, Board Planner Mike Caggiano, Board Engineer GREETINGS TO THE PUBLIC: No one appeared. APROVAL OF MINUTES: A motion was made for the approval of the Minutes of September 4, 2024 by Mr. Vervoort and seconded by Mr. Panfile. A unanimous vote was taken. The Minutes were approved as submitted. RESOLUTIONS: None APPLICATIONS: THOMAS 11 Highwood Avenue SM 24-2 Block 7, Lot 86 Soil Movement NEW APPLICATION Paul Ercolano, Engineer, Maywood, appeared before the Board. Gurpreet Singh, property owner, appeared before the Board. The Applicant has applied for approval of a major soil moving permit for the construction of a single family dwelling. The existing dwelling on the site will be demolished. Due to the relocation of the proposed home, they have exceeded the soil threshold. 1 The soil movement is balanced with 82 cu. yds. being removed and- 80 cu yds of gravel to be imported for storm water improvements. A typo was noted in the application and it was corrected to note that it should state 82 cu. yds. are being removed from site. This would be less than a dozen truckloads. The existing basement will be filled in. There will be a raised garden bed of a maximum of 2 feet. There will be two storm water seepage pits. The Applicant will comply with all the requirements as noted in the report submitted from Boswell Engineering dated October 24, 2024 The revised plan dated 9-24-24, rev.10-22-24, consisting of three sheets by Ercolano Engineering, was marked as A-1. Mr. Singer questioned tree removal and pointed out the newly adopted tree ordinance which will be applicable to this construction. The Engineer will familiarize himself with it. Mr. Mysliwiec explained that a qualified tree contractor must be used. The homeowner has the option of paying $450 per tree or replant the number of trees removed within one year. Mr. Mysliwiec suggested that the applicant submit a marking of the trees to be removed when he applies for his building permit for the construction of the new home. Mr. Singer reminded the Applicant that zero run off must to be adhered to. Mr. Mysliwiec noted that 20' is the maximum width of a driveway. Mike Cagguro, Board Engineer, representing Jim McGinnis from Boswell Engineering, noted Item 10 under soil movement regarding trees, which requests that this be taken care of before the building permit application. Mr. Cagguro noted that storm water calculations were reviewed and they are acceptable. Mr. Cagguro requested confirmation that clean fill will be imported. The Applicant noted that this will be done. There was no one in the public to address this Application. A motion for approval was made by Mayor Giordano and seconded by Mr. Possilico. A unanimous vote was taken. The Application was approved. NEW BUSINESS: - Review of adopted Ordinance 2024-27 Regulate the removal and replacement of Trees Mayor Giordano noted that this Ordinance has been passed by the Mayor and Council. Changes have been made to it, and it can now be looked at when reviewing applications. Mr. Mylsiwiec will be handling it and we will keep reviewing it as it goes on. Mr. Mylsiwiec noted that we have 13 registered tree contractors and we have issued tree permits. Mr. Singer pointed out that this is not a shade tree ordinance; this regulates the cutting and removal of trees. 2 -Review of Ordinance 2024-33 37-49 Harrison Ave. & 13 W. Prospect Street Redevelopment Area Block 107, Lots 1, 3, 5, 7, 8, 9, 10, 11 Mayor Giordano recused himself. Mr. Singer noted the letter dated October 22, 2024 from the Borough Attorney wherein the Board has been requested to review and respond with comments within 45 days from the date of the referral. Paul Grygiel, Board Planner, appeared before the Board. Mr. Grygiel has been involved as Planner for the Borough of Waldwick for over 20 years. He is familiar with the Master Plan. He pointed out that the Planning Board’s role is to see if there are inconsistencies between the Master Plan and the Redevelopment Area Plan. Mr. Grygiel noted the regulation set forth by statute and the steps that are involved in a redevelopment area. He further noted that the use of redevelopment has grown dramatically; more recently it has become more common in smaller municipalities. Waldwick is cautiously taking steps in this direction. Mr. Grygiel explained the process noting that the Mayor and Council make a determination. The review being done tonight dates to a determination of March 2024, when authorization was given for a study of properties along Harrison, W. Prospect, and Frederick Streets. A study was prepared by Phillips Preiss and a public hearing was held in September. The Mayor and Council were provided a recommendation, the property owners were notified, and power of condemnation was made known. Mr. Grygiel noted that if a property is deemed condemned, there is legal protection and procedures for re-locating. There are a number of safe guards in the condemnation process. The NJ Redevelopment Housing Law sets forth these procedures. Mr. Grygiel noted that there are ten lots in the redevelopment area. A redevelopment plan provides a framework for improvement and new buildings. This is a document that provides a vision. All properties are in the business zone, and. if adopted this would become the new zoning for 8 lots. A formal site plan would be the next step and there would be notification to the residents as part of a public hearing for the site plan. Mr. Grygiel read into the record Section 40A7E of the Statute. Mr. Grygiel gave an overview of the 8 lots in mixed use. The proposal is to allow for more mixed use. The plan is not looking to extend the downtown setting, just limiting it to that mixed use along W. Prospect Street with requirements for density, heights, and setbacks. Four- stories with 50 ft. height is proposed. Existing is 2 - 3 stories, 35 height. Mr. Grygiel noted that with this development the affordable housing would be amended. 15% of multi residential is reserved for affordable housing. The third round of housing ends in 2025; Waldwick is covered for now. The numbers that were released for the 4th round looks to provide additional housing. 3 Mr. Grygiel noted that every ten years a municipality updates their Master Plan. Waldwick updated their Master Plan in 2018. Mr. Grygiel noted that he did not find any inconsistencies to the Master Plan, which is a broad document. Mr. Singer noted the required height we have now of a max of 2 1/2 stories and 35 ft. and questioned if the height contributes to the character of the town. Mr. Grygiel noted that it does, the size and massing are all valid considerations. Mr. Vervoort questioned the area under this plan and why the Rite Aid property is not included in this draft. Mr. Schatz noted that this is the area that the Mayor and Council have designated for redevelopment. Mr. Grygiel noted that Rite Aid leases from the property owner. Mr. Vervoort questioned the condemnation area language on Page 1 of the report and what the Statute requires. Pointing out that it does not mean that the area has to be condemned, but the municipality has the power to do so. Mr. Mysliwiec noted that Rite Aid is communal parking for a lot of businesses that rely on it for their customers and that the owners of the property have been gracious to allow that to happen. Mr. Schatz noted that the current rental apartments by the railroad is 4 stories. Mr. Singer noted that as it is on the railroad tracks it is a little different. The majority of it is 3 stories and the ends are 4 stories. Mr. Mysliwiec noted that they decreased the Zazzetti side in consideration of the homes in that area. Mr. Grygiel noted that what is before the Board tonight for review are these 8 lots. This plan is only focused on these 8 lots, not on Rite Aid or the corner property. Mr. Vervoort questioned what the next steps are once the Board makes its recommendation to the Mayor and Council. Mr. Grygiel noted that once adopted by the Council that would be the new zoning for the 8 lots. A developer could then come in and negotiations would begin. It is a lengthy process. Mr. Singer note that we do have a redevelopment plan, we do not have a developer. Mr. Singer noted that if someone decides to do something in this area they would be bound by the redevelopment plan. After the Board makes recommendation to the Mayor and Council for this area, then the involvement of this Board ceases until an actual site plan to build is before them. Andrew Drake, resident, appeared before the Board. He questioned whether going higher is for economic reasons. Mr. Singer, noted that a developer may have requested larger than what the zoning is if interested to do a project. Jim Schultz, 52 Harrison Avenue, appeared before the Board. He questioned the 8 lots with five homes with multiple owners. Mr. Grygiel noted that this process will not change anything going on between the tenant and landlord at this time. A developer would approach a property owner to see if they can buy them out. Mr. Shultz noted there are families with children on that street and you would not want to see them without a home. Mr. Schultz also questioned the parking in that area. Mr. Mysliwiec questioned the cost factor if the height were reduced to 40’. 4 Mr. Singer noted that the Board could ask the Mayor and Council to allow standards. Mr. Schatz questioned if the development is based on 4 stories, can we approve only 3 stories. Mr. Singer noted that we are not approving, just making recommendations to the Mayor and Council or rejecting in its entirety. The Board would like additional time to look more closely at the Redevelopment Plan and a work session was suggested. A motion to have a work session on November 25 was made by Mr. Oravetz and seconded by Mr. Kowalski. A unanimous vote was taken. The informal work session will be held on November 25. The public is welcome to come to the work session, however, they do not speak at that time. The next formal meeting is on December 4, and the public is welcome to that as well and to make comments. Mr. Singer advised the Board that this matter is not to be discussed with anyone. Mayor Giordano rejoined the board. OLD BUSINESS: -Mayor Giordano addressed the requested dress code for the Board. ADJOURNMENT: A motion was made for adjournment by Mr. Schatz and seconded by Mr. Oravetz at 8:50 p.m. Joyce C. Sinclair, Secretary 5