20220906 - Planning Board Public Meeting Minutes

Ridgewood Planning Board

Regular Public Meeting

September 6, 2022

The following minutes are a summary of the Planning Board meeting of September 6, 2022. 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: Ms. O’Brien called the meeting to order at 7:43 p.m.

Mayor Knudsen administered the Oath of Office to Igor Lyubarskiy, Alternate 1 Planning Board Member.

Roll Call – The following members were present: Mayor Knudsen, John Young, Councilwoman Reynolds, Dianne O’ Brien, Melanie Hooban, Frances Barto, James Van Goor, Darlene Johnson, Igor Lyubarskiy and Sergio Alegre. Also present were Stephen Wellinghorst, Esq., Board Attorney; John Barree, Village Planner, and Jane Wondergem, Board Secretary. Richard Joel was absent.

Public Comments on Topics not Pending Before the Board –  

Cynthia Halaby, 1 Franklin Avenue, said she was told to make her comments regarding the Master Plan document at the September 20 meeting. Ms. Halaby said that wasn’t helpful and asked how and where to direct her comments. Mayor Knudsen told Ms. Halaby she could send the comments to her.

Rurik Halaby, 1 Franklin Avenue, stated that he disagreed that the comments should go to the mayor. Mr. Halaby said the comments should go to the Board Secretary. Following discussion, it was decided any comments should be sent to the Board Secretary, who would then forward to the Master Plan Committee.

Denise Lima, 319 E. Glen Avenue, asked what happened to the discussion regarding the fence ordinance. Board members said it is still being discussed.

Ms. Lima suggested having experts from Preservation New Jersey and other municipalities come to discuss different approaches to Historic Preservation. Ms. O’Brien asked Ms. Lima to forward any information she has to the Board Secretary to share with the Historic Preservation Commission.

Committee/Commission/Professional Updates for Non Agenda Topics – Mayor Knudsen said several residents have expressed concerns about the fake foliage on the exteriors of some of the buildings in the CBD and it needs to be determined if an encroachment agreement needs to be assigned to that and if the Planning Board needs to have HPC take a look into that.

Correspondence Received by the Board – Ms. Wondergem said the Board received an email from Carolyn Jacoby, on behalf of the Shade Tree Commission, offering their expertise to monitor applications to the Board of Adjustment and the Planning Board. Ed Boscarino sent an email discussing the re-zoning of Goffle Road.

Discussion re Tasko Enterprises, LLC, 315 E. Glen Avenue, Block 3106, Lots 20.01 and 20.02 – Easement agreement and resolution compliance – James Delia, Esq., was present on behalf of Tasko Enterprises. Mr. Delia explained that he has gotten involved with the easement agreement after Mr. Rutherford passed away. Mr. Delia explained the process of completing the easement agreement, the issue of Ms. Thomas not responding to correspondence regarding the easement, and the issue regarding the placement of the gas line to lot 20.02. Tibor Latincsics, engineer for the applicant, displayed the updated site plan and pointed out where the gas line was connected.

Board members asked what effect there would be for Ms. Thomas and her property in not responding to requests regarding the easement agreement. Mr. Delia said there would be no effect as everything in the easement agreement benefits both properties and there is an existing easement in place and there are mutual obligations.

Denise Lima, 319 E. Glen Avenue, spoke regarding the easement and asked who enforces the agreement and the resolution. Mr. Wellinghorst stated that the Board does not enforce, but that Mr. Rutishauser could shut a project down.

Board members asked about the width of the paved area, Mr. Latincsics said it would remain as shown on the site plan and in the resolution.

 Mary Lou Posten, 418 Sterling Place, asked about the location of the water lines in relation to the tree on her property. Mr. Latincsics said there is a conduit going up the right side of the driveway. Ms. Posten said she is concerned about the roots of the tree. Ms. Posten asked about the fence that is proposed to show that the driveway goes around the tree. Mr. Latincsics said the fence is shown on the site plan and will be installed. Ms. Posten asked for some clarification of the easement. Ms. Posten said she had submitted a copy of her survey to various attorneys as there is a discrepancy regarding the property line. Mr. Wellinghorst advised Ms. Posten to contact her title company.

Mr. Delia asked that the modifications discussed be granted and the Board vote on the proposed amended resolution referring to the revised site plan.

Mayor Knudsen made a motion to adopt the modified site plan and updated easement agreement, Mr. Van Goor seconded and it was approved.

Planning Board referral of the Affordable Housing Redevelopment Plan – Beth McManus, Planner, was present to review the changes made to the Affordable Housing Redevelopment Plan after the prior discussion. Ms. McManus said the plan was shared with Fair Share and they recommend approval. Adoption of the plan is a required action to fulfill the Village’s obligation. Ms. McManus said the Planning Board needs to review the plan for consistency with the Master Plan and to recommend approval of the plan to the Council.

Board members asked if the 40 unit set aside was based on the 20% set aside. Ms. McManus said it is based on that, but that 40 affordable housing units are needed, but allows the developer to determine how it is done. There was discussion about the maximum density permitted. Ms. McManus said that the plan also provides a section that states that only a party designated by the Village as the designated redeveloper be permitted to develop the property. Board members asked about the height of the buildings being permitted. Ms. McManus said that came specifically from the Fair Share Housing Center.

The Board voted to refer this plan to the Village Council.

Discussion re Ordinance #3914 to amend Chapter 190 of the Village Code to add new section entitled “Storefronts” – Mayor Knudsen said this ordinance would require building owners to complete a form stating when a store is vacated and then the Village would be able to track how long it is vacated, and have an appealing aesthetically appropriate store front display and prevent empty storefronts.

Mr. Barree reiterated that it will provide storefront displays during periods of vacancy. The building owner will need to register with the Village within 30 days of a storefront becoming vacant. Within 3 months of the vacancy some kind of display with aesthetic benefit and community attachment be in place. The ordinance would also require basic maintenance of the exterior grounds of the property. Mr. Barree identified a typo in Section 2.

Board members asked if there would be a penalty for violating the ordinance. Mayor Knudsen said that would need to be discussed with the Village Attorney.

The Board voted to recommend approval of this ordinance to the Village Council.

The meeting was adjourned at 9:20 p.m.

Respectfully submitted,

                                                                                      Jane Wondergem

                                                                                      Board Secretary

Date Approved:               September 20, 2022