Ridgewood Planning Board

Regular Public Meeting

October 17, 2023 

The following minutes are a summary of the Planning Board meeting of October 17, 2023. Interested parties may request an audio recording of the meeting from the Board Secretary for a fee.

Call to Order & Statement of Compliance with the Open Public Meetings Act: Mr. Joel called the meeting to order at 7:32 p.m.

Roll Call – The following members were present: Rob Willis, John Young, Councilwoman Perron, Richard Joel, Dianne O’Brien, Fran Barto, Michael Stern, James Van Goor and David Refkin. Also present were Steven Wellinghorst, Esq., Board Attorney; John Barree, Village Planner; Christopher Rutishauser, Village Engineer, and Jane Wondergem, Board Secretary. Darlene Johnson and Sergio Alegre were absent.

Public Comments on Topics not Pending Before the Board – There were no comments at this time.

Committee/Commission/Professional Updates for Non Agenda Topics – Councilwoman Perron commented that the Village Council reviewed and passed the proposed Chapter 190 amendments with the exception of the circular driveway section.

Mr. Refkin distributed a handout and gave an update from Green Ridgewood regarding Master Plan implementation.

Ridgewood Water Capital Project, PFOA/PFOS Treatment Project, 1156 East Ridgewood Avenue, Block 4205, Lot 44 (Carried from September 19, 2023 without further notice)

Matthew Rogers, Esq., Village Attorney entered his appearance on behalf of Ridgewood Water and made opening remarks.

Richard Calbi, Director of the Ridgewood Water Department, was sworn. Mr. Calbi testified regarding PFOS issues and the requirement to provide treatment facilities. The NJDEP Order was marked as Exhibit A-1.

Mr. Calbi described the treatment needed and the existing operation at 1156 E. Ridgewood Avenue. Mr. Calbi stated that the facility is set back from East Ridgewood Avenue and is a flag lot accessed by 2 easements. The facility services E. Ridgewood and Paramus wells.

Mr. Calbi testified regarding the Homeland Security requirements from the Federal Government and described the recommended fence.

Mr. Calbi explains that this treatment center will use a PFAS resin media instead of the granular activated carbon, which will have a smaller footprint and will last longer. A member of the Ridgewood Water Department staff checks the facility daily.

Mr. Calbi testified that the facility is located in the flood plain which impacts the size and finished floor of the building which is one foot above grade. The fence is on the property.

Mr. Rogers addressed a letter from Hunain Sarwar, Esq., who represents owner of the neighboring property, in regards to the location of the fence. Mr. Calbi stated that a large portion of the fence is being removed and a small section in the front of the facility is being replaced and upgraded as required by Homeland Security.

Board members asked if contaminants were found in all of the Ridgewood Water sites and if they know about the sources of the contamination. Mr. Rogers said that there is ongoing litigation.

Board members asked if resin is recyclable the way carbon is, Mr. Calbi said it is not, the resin needs to be disposed as hazardous waste. Board members asked about the process for evaluation if the work being done is sufficient. Mr. Calbi said it is hard to predict, but the treatment plants are being built knowing that there may need to be a change in the future.

Mr. Rogers referred to the letter from the neighboring property owner and the statement that the Ridgewood Water is not interested in an agreement to utilize the easement.

Public questions:

Hunain Sarwar, Esq., 1 Speedwell Avenue, Morristown, representing Ali Blue Properties, LLC, 1144 E. Ridgewood Avenue, said that the only objection they have is to the placement of the fence. Mr. Sarwar said the easement does not permit any enclosed structure on their property and want to put their objection on the record. Mr. Sarwar said his client continued to try to resolve the matter asking for an agreement to attain consent to use the easement but the Village refuses to discuss.

Earl Schneider was sworn and his credentials as an engineer accepted. Mr. Schneider testified regarding the existing conditions at the site and the site plan he prepared.  Mr. Schneider described where the new facility will be located. Mr. Schneider described the existing fence and the proposed new fence and that approximately 15 feet of the fence would be in the easement area. Mr. Schneider said there would be no added noise from the treatment facility.

Mr. Schneider described the process within the facility, the paving within the fence line and access to the property.

Board members asked if solar panels could be used. Mr. Rogers said they have not been considered at this time. Board members asked about odors and Mr. Schneider said there would be none. Board members asked about landscaping. There is no landscaping at this time, but they would consider it if the Board requests.

Board members asked if the floor elevation of 1 foot is sufficient. Mr. Schneider said they followed the State’s regulations and the vessels would not be affected by ground water.

Mr. Rutishauser asked if the PFAS treatment does anything for the volatile organic compounds (VOCs). Mr. Schneider stated that resin does not remove VOCs. Mr. Rutishauser asked if the fuel tank for the emergency generator on the adjacent property would have a negative effect on wellhead protection. Mr. Rutishauser asked for clarification that when Mr. Schneider refers to use of chlorine he means sodium hypochlorite, Mr. Schneider said that was correct.

Steven Casano was sworn and his credentials as a licensed architect accepted. Mr. Casano testified regarding the proposed building and its location in relation to the easement. Mr. Casano said the materials would match the finishes on the existing building. Mr. Casano showed the elevations, stating that there are no windows or doors on the left side for security purposes. Mr. Casano said that if the Board requested plantings they would encroach further into the easement.

Board members asked if any trees will be taken down. Board members asked about solar panels. Mr. Calbi said they would need funding for solar panels. Board members asked about the budget for heating and cooling. Mr. Schneider stated that heating and cooling is minimal.

Mr. Barree commented that the elevation labels on the drawings need to be corrected.

Public comment: Hunain Sarwar, Esq., said he made his comment earlier.

Mr. Rogers addressed Mr. Sarwar’s statement stating that the fence requirements are mandated and the fence had been there at least 55 years and the second easement came through in March 1967 for the common driveway. A major part of the fence is being removed and only 15 feet will remain in the easement area.

The hearing was closed.

Mr. Joel said the Board does not deal with easement issues and Mr. Wellinghorst confirmed that easement issues are determined outside of Planning Board purview.

Following Board deliberation, the application was approved.

Adoption of Memorializing Resolution re: 20 Corsa Investments, LLC, minor site plan and variance approval at 20 Corsa Terrace, Block 2114, Lot 4 – The resolution was memorialized.

Discussion re: Master Plan Implementation - B-1 Zone and B-2 Zone permitted uses -  Mr. Barree introduced the discussion stating that recommendations have been made regarding looking at additional permitted uses in the downtown. Mr. Barree said there are two approaches as to how use can be regulated and the Village has a specific sets of uses permitted downtown, which controls what is allowed, but limits flexibility and creates a situation where new businesses trying to come to town and the cost and process and time associated with going to the Zoning Board can be a strong barrier for a business trying to start out. This issue started the discussion of whether to add to list of permitted uses, or to take the broader approach of more general use categories with some specific uses prohibited but leaving it more open ended.

Mr. Barree said another issue in regards to flexibility floor area ratio is used to regulate the scale of buildings, and the challenge for the downtown area is that most buildings are currently at or over the permitted floor area ratio limit, so that any modification where floor area is being increased sends the applicant to the Zoning Board for a variance request and the cost and process issues creates a barrier for improvements that could happen. These issues can create road blocks for small businesses that may want to make changes or expansions.

Councilwoman Perron said they would like to explore exclusionary zoning since the current approach is inclusionary and there are uses that haven’t been considered that may be suitable, but that the list of exclusions needs to be carefully considered. Councilwoman Perron said she would like a comprehensive look at exclusionary zoning and add to the list of inclusions.

Mr. Barree said the shift to a different approach to how regulate uses is a much more comprehensive approach and explained how it could be done.

Board members commented that flexibility is important in today’s economy and due to so many empty storefronts. Board members suggested looking at other downtowns.

Mr. Barree commented that moving forward with additional uses in the short term and then look at the shift to an exclusionary approach. Mr. Barree explained conditional uses.

Adoption of Minutes: The minutes from September 5, 2023 were adopted.

The meeting was adjourned at 9:30 p.m.

Respectfully submitted,

                                                                                      Jane Wondergem

                                                                                      Board Secretary

Date Approved:            November 7, 2023