Regular Planning Board Meeting

WALDWICK PLANNING BOARD FORMAL SESSION June 23, 2025 The Formal Session of the Waldwick Planning Board was held on Monday, June 23, 2025 at 7:30 p.m. (re-scheduled from June 4, 2025) 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. Vervoort present Mayor Giordano present Mr. Schatz present Mr. Ramundo present Mr. Fink absent Mr. Mysliwiec present Mr. Panfile present Mr. Posillico present Mr. Schultz present Mr. Kowalski present Also Present: Cliff Singer, Board Attorney Joyce Sinclair, Board Secretary Jim McGinnis, Board Engineer Paul Grygiel, Board Planner Laura Carucci, Court Reporter GREETINGS TO THE PUBLIC: No one appeared. APROVAL OF MINUTES: A motion for the approval of the May 7, 2025 Minutes was made by Mr. Posillico and seconded by Mr. Kowalski. The Minutes were approved as submitted. RESOLUTIONS: BOARD OF EDUCATION 155 Wyckoff Avenue SM 25-1 Block 136, Lot 7 Lan Associates WHS Field Turf and Site Improvements Major Soil Moving Permit RESOLUTION A motion for approval of the Resolution was made by Mr. Posillico and seconded by Mr. Kowalski. A unanimous vote was taken. Mr. Schatz abstained. The Resolution was approved. 1  BOARD OF EDUCATION 155 Wyckoff Avenue SM 25-2 Block 136, Lot 7 Lan Associates WHS Parking Lot Improvements Major Soil Moving Permit RESOLUTION A motion for approval was made by Mr. Kowalski and seconded by Mr. Vervoort. A unanimous vote was taken. Mr. Schatz abstained. The Resolution was approved. BOROUGH’S DRAFT Housing Element and Fourth Round Fair Share Plan Paul Grygiel, Board Planner Review Mayor Giordano advised that tonight’s review of the Housing Element and Fair Share Plan helps the Borough satisfy their 4th round obligation. This must be approved by the Mayor and Council by June 30. Mayor Giordano read the outline of the Fair Share Plan. Paul Grygiel, Board Planner, appeared before the Board. Mr. Grygiel described the history of COAH (the NJ Council on Affordable Housing). He noted that in the past few years there has been more action and more law suits. The first round was in the 1980’s, followed by a 2nd Round from 1993-1999. Rules had been set for the 3rd round for affordable housing, but were challenged in court, and COAH was eliminated. A new State law was passed in 2024 which created the 4th round rules. Waldwick is in good shape for the 4th round. We are focused on how Waldwick will adjust numbers. Mr. Grygiel outlined the housing element highlights and the background of the Fair Share Plan. The Borough’s rehabilitation need is set at an obligation of 19 over the next ten years. He explained that the Borough’s original assigned prospective need number is 178. He noted the formulas used by planners to get to the number of 164, which is the number the Borough would have to build within the next ten years. Mr. Grygiel noted that realistically 5 could be built on the vacant land available. The 164 number, however, does not go away. Credits of 36 have been created in the Borough. Mr. Grygiel listed the projects within town that gave us credits (includes the Harrison Avenue Redevelopment if approved). Ms. Badalamenti questioned if the credits are transferable to other municipalities. Mr. Grygiel noted that the RCA’s formerly were permitted to be transferred, but that is no longer an option. Mr. Schultz questioned if the criteria used are rated or the same. Mr. Grygiel noted that the first set of criteria came from Community Affairs and then the State said one thing and we noted that all the properties they noted are not really developable. Mr. Cliff explained that the challenge came from the Builders Association. Mr. Grygiel noted that when it was settled by the courts it was settled at a number much less than they were asking for. 2 Ms. Badalamenti questioned how many projects were done before the ruling. Mr. Grygiel noted not many, in some cases it was offered and others not part of the proposal. Gary Kruz, Cypress Court, appeared before the Board. Mr. Kruz questioned the required number of COAH units. Mr. Grygiel noted that the adjustable number is 5 over the next ten years. He questioned if the Harrison Avenue redevelopment goes through will we be forced to have another development. Mr. Singer noted that the prospective need is 164 at the end of ten years. At the end of ten years you don't erase the number, the number is there and you do not have to go and re-zone properties to meet that obligation. There was no one further in the public to address this review. Mr. Singer noted that the Board will be voting their approval for a Resolution to comply with the adjusted numbers and to amend the master plan so that it comports with the reality. A motion for approval of the Resolution was made by Mr. Ramundo and seconded by Mr. Kowalski. A unanimous vote was taken. The Resolution was approved. YEERO STREET LLC 20 Wyckoff Avenue SR 588 Block 110, Lot 8 Russ Anderson, Esq. Food Service Restaurant Formerly Boston Market Tenant Review Russ Anderson, Esq. appeared before the Board. George Brissikos, Applicant, appeared before the Board. Mr. Brissikos proposes to open a Greek restaurant in the building which formerly housed the Boston Market. He anticipates to have 30 employees and hopes to open in December. He will be changing the face of the building and repaving the parking lot. The interior will be re-designed. There is no expansion to the current footprint anticipated. Mr. Brissikos will be on site mostly every day 11:00 am – 9:00 pm, Monday - Saturday. Mr. Vervoort questioned if there would be a drive through and there will not. Mr. Mysliwiec noted he has no problems with this Application. It was at his discretion to send it to the Board for their review. My Mysliwiec requested the Applicant to submit a breakdown of parking spaces. Mr. Brissikos thinks there are 20 behind him and he will maintain them. When he repaves his portion he will repave what is behind it as well. It was noted that there is an agreement in place for the overlay parking behind him. Outdoor seating was questioned and Mr. Mysliwiec noted that there is an outdoor cafe provision with a certain number of seats, which can be addressed after approval. The sq. footage is close to 3,000, with seating for 50 proposed, which is within Borough requirements. There is no issue with parking. Mr. Mysliwiec noted that the Board of Health and Fire Department would dictate occupancy number. There was no one in the audience to address this Application. 3 Mr. Mysliwiec requested that the survey which says Borough of Wyckoff be changed to read Borough of Waldwick. A motion was made to approve the Application by Mr. Mysliwiec and seconded by Mr. Vervoort. A unanimous vote was taken. The Application was approved. ARCISZEWSKI 32 Hopper Avenue Bruce Whitaker, Esq. Subdivision Conceptual Review This review will be heard at the July 9th meeting. HARRISON AVENUE Block 107, Lots 1,3,5,7-11 REDEVELOPMENT LLC Site Plan and Soil Moving Permit 25-1 CONTINUED Bruce Whitaker, Esq. Mayor Giordano recused himself from this Application. Bruce Whitaker, Esq. appeared before the Board. He noted this to be a continuation of the hearing on May 7, 2025. He noted at that time questions had come up regarding fire safety aspects, specifically the maneuverability of fire trucks on the site. Mr. Whitaker noted that the Applicant has met with the Waldwick Fire Chief and on that basis has come up with revisions. Mr. Whitaker listed the revisions which included that the fire water line will be a 6” line, the parapet will be 2 ft and not 4 ft. The sprinkler system in the apartments is a 13 R and they will upgrade from a 13 D to a 13 R in other parts of the apartment complex as long as not cost prohibitive. It has been agreed that they will work together with the Fire Chief to get all resolved. Mr. Whitaker submitted a memorandum with the conditions listed to Mr. Singer. Mr. Whitaker noted that a request was made to have a second access for emergency access at the north end of the site leading to Franklin Turnpike. This will be done with grass pavers for an emergency access. Mr. Mysliwiec noted that this would be pervious so no variance is needed. Tibor Latinciscs, Engineer, Conklin Associates, Ramsey, appeared before the Board and noted that Townhouse 17, 18 and 19 is where the pervious lawn access would be. Mr. Latincsics described the 3 Axle Ladder Truck Access Plan which was marked as A-26 dated 5-28-25 noting that there is adequate maneuverability. He pointed out that the critical component is the left rear bumper of the fire truck and that currently, and in the future, there should be a no parking zone so that the truck can make the turn. The Waldwick ladder truck and the future Ramsey ladder truck can make the turn. Andrew Agugliaro, Waldwick Fire Chief, appeared before the Board and concurred with all that was said by Mr. Whitaker and Mr. Latincsics. 4 Mr. Whitaker advised that this concludes their presentation and moved Exhibits A-1 - A-26 into evidence. He noted that all the representation in the Conklin Associates Report of May 30, 2025 can be relied upon and that the third fire hydrant is part of the update. There is no sidewalk proposed on the opposite side of Harrison Avenue. Mr. Whitaker summed up noting that the Applicant is seeking pre and final site plan, soil movement and waivers for the construction of mixed use 21 apartments and 21 townhouses. Mr. Whitaker noted that the Applicant meets all zoning requirements, is fulfilling affordable housing demands with 6 unit credits, and with proximity to rail, giving a total of 9. All engineering criteria is met, traffic has been testified to that all levels of service remain. He further noted that the landscape architect has explained there will be more trees than exist today. They have met with the fire sub code official and will comply and work with him. Mr. Whitaker noted that the waivers are minor in scope, noting a waiver is not a variance, and that the Board’s Engineer and Planner have no objection to them. The Applicant has met all requirements and request approval. Andrew Agugliaro, 50 Highwood Ave, Waldwick Fire Chief, appeared before the Board and noted that he has been concerned with safety at previous meetings and the Applicant has gone above and beyond and fixed the concerns he had. Randy Reveley, owner of 37, 39, 41 and 43 Harrison Avenue appeared before the Board. He has been before the Board with his own projects many times and is familiar with the area. Mr. Reveley related the history of his acquisition and evaluation of properties in the area for development. He noted this is considered the Waldwick Historic district. He found that in order to have economy in scale, a 4-story building would be needed. The proposed building is smaller than he anticipated and feels the presentation was brilliant. Mr. Reveley noted that the Applicant has addressed the safety concerns, addresses all the properties around it and that it blends seamlessly in with the residential. He feels it is a good transitional building, and is afraid the next proposal will not be as well suited for this area. This proposal is what it needs for economy in scale. Ray Cruz, Cypress Court, 20 year resident, appeared before the Board. He noted after his review of the Minutes of previous meetings. he understands that the Board cares deeply and all of their questions have been addressed. He has noted more economic movement within Waldwick over time. He feels the proposed development will look better than what is currently there and supports the project. There was no one further in the audience to address the Application. Mr. Mysliweic noted the initial safety related opposition to the proposal and that it is great that both sides came together well and met the safety requirements. He is in support of the proposal. 5 Mr. Schatz noted that in the beginning when going through the process, the Board had suggested reducing the height of the building. He feels as it is proposed at 58’ tall that it will stick up like a sore thumb, The Board had advised the Council of their approval except for not agreeing with the height, with it being 23 ft. higher than any other building in the town. He noted that he has seen the building in Ho Ho Kus and it sticks up and is out of place in that town. He feels the proposed project is a good one, but does not agree with the height. Mr. Vervoort noted his initial concern and that everything was back doored in. He felt the Board had been fed information strategically which made him suspicious and wary. At the last meeting he was under the impression that the Fire Chief’s suggestions were being discounted and he was prepared to vote “no” based on the Fire Chief being rejected, but coming back today and seeing work done to collaborate, and that the Chief is satisfied, he has no problem with the plan. The way it was initially brought to the Board was ridiculous, The Board was being spoon fed information and it created discontent. He thinks it is a good project and supports it. Mr. Schultz noted his two concerns have been addressed by the Chief. His remaining concern is how we are going to pay for this. He stressed the importance of how it is financed. Ms. Badalamenti noted that she agrees with her colleagues. She is very happy and proud that the Chief, Mr. Whitaker and the Redevelopers worked together because safety is top on the list. Ms. Badalamenti noted that the height was the Board’s thing and we were spoon fed information. We felt it was too tall. Ms. Badalament also has concerns about our resources, besides the water situation, 95 hundred gallons of extra water per day will be used. She is concerned with the impact on our small but mighty volunteer services. Ms. Badalamenti also noted that it doesn’t seem right that Rite Aid is still there and that the Hair Cottage is still there and that the building will look at Rocket Supply and the dis array across the street from it. She feels it seems discombobulated and a little overkill. She is also not crazy about it traffic wise. Ms. Badalamemti wondered how other towns that have this redevelopment are faring. She noted that it is great that ordinances have been followed, however she is not 100% for the project, which does not mean she does not respect all the hard work that has been done on the project, the Board’s included; we can’t all agree all the time. Mr. Whitaker commented that the Municipal Land Use Law provides a process when an ordinance is proposed and sent to the Planning Board for review and recommendations. , The governing body does not have to accept the recommendations the Board makes. The Board does not have the right if an ordinance has been passed by the governing body, to have a referendum with what they disagree with what the Mayor and Council have done. The height is not an issue because it meets requirements, the water is not an issue because we have no negative feedback from the Water Department, and the traffic is uncontroverted. Mr. Whitaker noted that this is the start and what you are seeing is the first in redevelopment to occur. A motion to approve the Application was made by Mr. Vervoort and seconded by Mr. Kowalski. A vote was taken. The Board voted in favor of a favorable Resolution with Ms. Badalamenti and Mr. Schatz voting negatively. 6  OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT: A motion was made for adjournment by Mr.Ramundo and seconded by Mr. Kowalski at 9:30 p.m. Joyce C. Sinclair, Secretary 7