Zoning Board

BOROUGH OF WESTWOOD ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES July 13, 2020 (VIA ZOOM) APPROVED 8/3/2020 1. OPENING OF THE MEETING The meeting was called to order at approximately 8:00 pm Via Zoom Webinar, Meeting ID/Link#: https://us02web.zoom.us/j/89226561870?pwd=dDF2U2Y4NW5lL1Zlb E1ZN0QyZ1BKQT09. The dial-in number for telephone access is: 646-876-9923US(NY) Meeting ID: 89226561870 Password: 453414 A court reporter was also present. Open Public Meetings Law Statement: This meeting, which conforms with the Open Public Meetings Law, Chapter 231, Public Laws of 1975, is a Regular Meeting of the Westwood Zoning Board of Adjustment. Notices have been filed with our local official newspapers and posted on the municipal bulletin board. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: PRESENT: William Martin, Chairman Eric Oakes, Vice Chairman Matthew Ceplo H. Wayne Harper Michael Klein Peter Grefrath Alyssa Dawson Michael O’Rourke (Alt #1) Gary Conkling (Alt #2) ALSO PRESENT: David Rutherford, Esq., Board Attorney Steve Lydon, Burgis Associates, Board Planner Louis A. Raimondi, Board Engineer ABSENT: None (ZB 7/13/2020 Meeting Minutes) 4. MINUTES: A motion to approve the Special Meeting Minutes of 6/29/2020 was made by Eric Oakes, seconded by Alyssa Dawson and carried unanimously on roll call vote by those eligible to vote. Wayne Harper was not eligible to vote. 5. CORRESPONDENCE: None 6. VOUCHERS: None 7. RESOLUTIONS: None 8. PENDING NEW BUSINESS: None 9. VARIANCES, SUBDIVISIONS AND/OR SITE PLANS, APPEALS, INTERPRETATIONS: NONE SWEARING IN OF BOARD PROFESSIONALS FOR PUBLIC HEARINGS The Board Professionals were sworn in. 1. Loncar, 185 Washington - Extension of Approvals – Vice Chairman Eric Oakes chaired the meeting for this application, as the Chairman was recused. Mr. Rutherford gave a summary of the application for extension, stating they came before the Board in 2017 and that if variances are not exercised within one (1) year from date of approval they expire. Attorney for applicant made a request that the approval be presented for another year, and he prepared and circulated a Resolution of approval of the extension through 7/13/2021. Jennifer Berardo, Esq. of Price Meese, Esq. represented the applicant. Mr. Rutherford reviewed the notice and publication documents and found them to be in order. Ms. Berardo stated the approval was granted late in 2017 to utilize the second floor of a two-car garage. The applicant was also present and gave an overview. The matter was opened to the public, and there were no interested parties, and no questions or comments from Board Members. A motion for approval to extend the approval through 7/13/21 with memorializing Resolution was made by Wayne Harper and seconded by Alyssa Dawson. On roll call vote, Matthew Ceplo, Wayne Harper, Michael Klein, Peter Grefrath, Alyssa Dawson, Michael O’Rourke, and Eric Oakes voted yes. 2. Westwood Investments, LLC, 220 Kinderkamack Rd/459 Fairview Ave – D & C Variances, Subdivision and Site Plan Approval – Donna Jennings, Esq. represented the applicant and gave an overview. The application was for the construction of four townhouses on the premises. The site currently 2 (ZB 7/13/2020 Meeting Minutes) contains an office building, which will remain, and a single- family dwelling with garage, which will be demolished. The draft Re-examination Report recommends development, and the project is consistent with what is permitted. Ms. Jennings set forth the variances and gave details of the site, to be testified to by their witnesses. Mr. Lydon and Mr. Raimondi issued reports, which will be addressed. First witness - Johnathan Cohen, Principal, Paramus, NJ was sworn in. His relationship with the applicant is that he is a principal and responsible for securing approvals. He is passionate about the project and town. They acquired the property in 2018, adding improvements and increased the occupancy. He reviewed the Board Planner’s comments that the office building should be improved. He set forth the numerous improvements made by them. The office front door faces Kinderkamack, and the future townhouses face Fairview. As for parking 17 spaces are proposed. Each tenant is assigned parking spaces. 19 were originally proposed, but the County asked them to remove two since they were too close to the road. They may be able to add one more space between the townhouses. The original project was for six units but they reduced to four, as recommended by the Board Professionals. They also complied with their recommendation for a minor subdivision application. Second witness - Lawrence Appel, Livingston, NJ, Licensed NJ Architect, was sworn in, qualified and accepted. Mr. Appel prepared the architectural plans and rendering, marked Exhibit A1, colored elevation of the proposed Townhomes at Plaza One, Westwood, NJ. The units are three story, each separated by firewalls, with own porch/overhang entry and one-car garage and parking apron, consisting of 2200 sf. They are confirming in height. The materials are similar to single-family residential projects. They included an accent roofing, siding and different brick-face. Additional details include carriage style garage doors and lanterns. Mr. Appel displayed his Architectural Plan with Floor Plans, marked Exhibit A10, revised to 3/24/2020. There is a study and full bath on the ground floor, not considered a bedroom, living area to include kitchen, dining area, family room, and powder room on the second floor, and three bedrooms with two full bathrooms on the third floor. They feel there is no requirement to separate the buildings, and they will be constructed in accordance with the IRC; no sprinklers are required. They tried to create a building with simple 3 (ZB 7/13/2020 Meeting Minutes) characteristics and consistent streetscape for the area, and a place for pedestrian activity. Third witness – Matthew Fox, Andover, NJ, Licensed NJ Engineer and Surveyor, was sworn in, qualified and accepted. Mr. Fox testified as to his plan. The Topographic Survey was marked A11, dated 5/20/19. This shows the roadway improvements, the medical office building, 17 parking spaces and offsets. The Site Plan was marked A12, dated May, 2020, consisting of 11 sheets. Mr. Fox described the plans, including the Bulk Schedule, which he reviewed in detail. Variances included lot area, width, front yard, floor area ratio, rear yard, and parking spaces. Mr. Fox also described access, sidewalks and pedestrian access to the site. He touched on their stormwater management and detention systems, giving details, as shown on the Site Plan. Mr. Fox discussed the proposed utilities, serving both sides of the townhouse project. The gas would be on one side and sewer and water on the other. There is an existing sanitary sewer on Fairview which they will connect to. A blanket easement would be provided between the two lots. Mr. Jennings added this would be done as a condition of approval. Mr. Fox stated they provided landscaping by a planting schedule including 19 arborvitae, three feet, and spaced three feet apart. Applicant would be willing to comply with additional landscaping as requested by the Board Professional. There is a lighting plan and diagram showing the isolux lines. A mounting height of 16’ is proposed. They will provide adequate lighting for the paring area 1/10 of 1 foot candle, with no spillage onto adjoining properties. Mr. Fox reviewed the reports of the Board Professionals and revised the plan in accordance therewith, accompanied by a letter outlining all changes during the application process. Ms. Jennings asked if there were any questions not addressed in the Board Planner’s 6/24/2020 report, and Mr. Fox responded no. There would be a four foot wall along the parking lot, providing stability. The trash pad would be enclosed with vinyl slatted fence. A temporary construction access will be provided along Kinderkamack Road. Per the Soil Conservation and Sediment Control Act, they are required to contain the materials so as not to track out to Kinderkamack Road. They submitted an application to the Soil Conservation District. Mr. Fox also addressed the Planner’s comments as to water runoff. Mr. Fox addressed Mr. Raimondi’s comments as to utilities and tree along the curb line of Fairview Avenue and hedgerow, both to remain. 4 (ZB 7/13/2020 Meeting Minutes) Fourth witness – Douglas Polyniak, Somerville, NJ, Licensed NJ Civil Engineer, was sworn in, qualified and accepted as a Traffic Engineering Expert. He was involved in the preparation of the Traffic Study by his firm. He visited the site and surrounding area. Mr. Polyniak addressed trip generation and the parking variance. He used the Institute of Traffic Engineer’s Trip Generation Manual. There were two in the peak hours going in the morning and coming back in the evening. This project generates very mild traffic volumes. They did a level of service analysis. There are no changes with or without the traffic and townhouses. As for parking, they are relocating it from Fairview Avenue to Kinderkamack Road. The spaces are dedicated to each occupant per their lease, and ample parking is provided. With the pandemic they are seeing an increased need for parking at home, but the need would be reduced in the future. There would be an improvement to put the office driveway on Kinderkamack Road. Due to the hour, 9:43 pm, the matter was carried to the next meeting on 8/3/2020, via Zoom, with no further notice and time extension granted. Applicant has one witness remaining, the planner, and the Board would proceed with questioning the witnesses at that time. 3. 459 Broadway Realty, 459 Broadway, C & D Variances – Robert J. Mancinelli, Esq. represented the applicant for approval to renovate a mixed-use building, replace the existing one-story back portion and add a one-story addition to it; install a landing and steps, patio and walkway to the rear of the building. The property lies in the CBD Zone. Mr. Rutherford advised he reviewed the notice and publication documents and found them to be in order. Mr. Mancinelli gave an overview of the mixed use building. Applicant is proposing Preliminary and Final Site Plan Approval, requiring a “D” Expansion of Non-conforming Use and “C” Bulk variances for a one-story addition to the existing building, and to install seepage pits and an exterior staircase to the two second floor residential apartments not permitted in the zone. A parking waiver is also requested. First witness: Sean McClellan, Licensed NJ Engineer, was sworn in, qualified and accepted. Mr. McClellan testified as to the Site Plan of Lantelme, Kurens & Associates, PC, dated to 5/9/2019, last revised 1/7/2020, per 1/6/2020 meeting with Mr. Raimondi, Board Engineer. The site is in the CBD Zone. The proposal is to renovate the interior and exterior of the 5 (ZB 7/13/2020 Meeting Minutes) building, replace the existing one-story back portion and add a 438sf one-story addition to it; install a 147sf landing and steps, a 640sf patio and a 423sf walkway to the rear of the building. The total area of the building would be increased to 5,589sf. Downstairs was previously an auto parts store, currently vacant, with two apartments on the second floor. The commercial space will be divided into two new units, with 840sf fronting on Broadway, and one 2,310sf unit will be facing Center Avenue, with a new handicapped bathroom. Upon completion of the project, there will be three commercial units on the first floor and two residential units on the second floor. Mr. McClellan described the variances, including rear yard setback, building and impervious coverages. Existing non-conformities were lot area and width, front yard, side yard and both side yard (both) setbacks. Mr. McClellan noted all adjacent buildings are side-by-side with no setbacks and parking that does not meet standards. As it sits now it is non-conforming in rear yard, and also exceeds building and impervious coverages allowed. He described his engineering plans. The area right up to Broadway is being left alone. The area in the rear is being removed and rebuilt. There would be three tenant spaces vs. the current two on the ground floor. Presently there are no seepage pits. They are providing enough storage for their runoff as well as from the adjacent property on Lot 5. There are proposed steps and a landing to the second floor apartments. They met with Mr. Raimondi regarding his reviews. The 5/18/2020 letter was addressed. He needs to add the signature block on the plans. Otherwise, all concerns were addressed. Soil movement requirements were minimal and the majority is from the seepage pits. Mr. McClellan spoke to the grading and utility designs, sanitary line comes in from Broadway. Mr. Mancinelli asked if the Board were to act favorably, they would apply to the County for approval and perform any improvements. As for Mr. Lydon’s planning report, there were ways listed to reduce the requested relief. For Stormwater collection, they are now pitching it towards the middle vs. the street. Additional landscaping would be provided. He met with Mr. Lydon as to this. Mr. McClellan was complete. Mr. Martin commented it appears there is a significant impact on the parking lot and requested that the plans be circulated to the Parking Authority and Borough Departments, Police, Fire, DPW, Shade Tree, and Historic Preservation, for commentary. Mr. 6 (ZB 7/13/2020 Meeting Minutes) Mancinelli advised he already sent it to the Parking Authority, but has not yet seen anything back. Mr. Martin asked if they could be requested to comment. Mr. Mancinelli would comply as directed, requesting a timely response as to the impact on the municipal parking lot and requesting comments if any from the other departments. Second witness – Brian J. Callahan, AIA, 40A Tillman Street, Westwood, Licensed NJ Architect, was sworn in, qualified and accepted. Mr. Callahan shared his Architectural Plans dated 5/28/19, last revised to 3/30/2020. He is familiar with the property and Westwood’s Site Plan Ordinances. There is a two-story wood frame that fronts Broadway and a rear entrance that faces the municipal lot. EX1 is the Existing Basement and First Floor Plan and EX2 Existing Second Floor Plan. There will be two new HC accessible bathrooms on the first floor, East Lease Space. There will also be a new stairway from this space down into the basement area beneath the West Leas Space. This will be accomplished by breaking through the original foundation wall in the rear. There is an existing set of stairs to the apartments, and they are proposing a different configuration, while still providing access to the second floor laundry area that is proposed. Mr. Raimondi recommended that a door from the laundry area to the front indoor staircase be provided. The plan is not to increase the size or number of the existing apartments. They are proposing to divide the first floor plan to East and West sides. They are proposing to replace the section in the rear, with new concrete on slab. The second floor will now have two apartments, one three-bedroom apartment and one two- bedroom apartment, both accessible from the front entry on Broadway and the rear exterior stairway in the rear. Both apartments will share the laundry area on the second floor. Air conditioning units on the roof of the East Lease Space should be shown on the plans, as well as the roof leaders. Mr. Callahan continued. He reviewed the Board Planner’s report dated 5/20/2020, which suggested using different types of material. They are open to it. Since there are permitted uses such as restaurants, there may be future tenants that can use the space. There would be a physical demarcation between the site and courtyard, such as a low garden wall type element to create a separation. There is room for additional landscaping plantings. They addressed Mr. Raimondi’s report. As for lighting, details are shown on the 7 (ZB 7/13/2020 Meeting Minutes) building, and lighting is required by Code for the egress doors. Mr. Raimondi could address that at a future meeting. Mr. Mancinelli asked about improvements to the façade. Mr. Callahan stated they are proposing an aesthetic improvement to fit in with the neighborhood. In his opinion, what is being proposed is consistent with the current surrounding properties, and trends. They would bring a planner/landscape architect to the next meeting. The Board discussed whether to hold questions to the next meeting after completion of the witnesses or question the witnesses now. There was a consensus to hold the questions until after all witnesses testified. Chairman Martin asked for more documented details concerning the aesthetic improvements. Also, Mr. Raimondi would comment on the latest revised plans. Mr. Rutherford asked for testimony as to the D2 variances and non-conforming uses, per Mr. Lydon’s comments. He advised the Tax Collector’s records could be a good source of information and a place to start. The matter was carried to the 8/3/2020 meeting with no further notice and time extension granted. 10. DISCUSSION: 1. Submission requirements: Paper vs. Electronic – Tabled per discussion at prior meeting; 11. ADJOURNMENT – On motions, made seconded and carried, the meeting was adjourned at approximately 10:32 pm. Respectfully submitted, _____________________________ MARY R. VERDUCCI, Paralegal Zoning Board Secretary 8