Ridgewood Planning Board
Virtual Online Public Meeting
January 5, 2021
The following minutes are a summary of the Planning Board meeting of January 5, 2021. 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: Chairman Joel called the meeting to order at 7:40 p.m.
Roll Call – The following members were present: Mayor Knudsen, Chief Van Goor, Councilwoman Reynolds, Richard Joel, Dianne O’Brien, Melanie Hooban, Frances Barto, Alysson Wesner and Darlene Johnson. Also present were Christopher Martin, Board Attorney; Maryann Bucci-Carter, Village Planner; Christopher Rutishauser, Village Engineer and Jane Wondergem, Board Secretary. Debbie Patire and Igor Lyubarskiy 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 – Site Plan Exemption Committee: There were no comments at this time.
Hopper Ridge Condominium Association, Inc., Block 4104, Lot 3 – Application for Major Preliminary and Final Site Plan, Soil Movement and variance approval. (Continued from November 3, 2020 without further notice) – Ms. O’Brien recused herself from this hearing.
David Rutherford, Esq., was present on behalf of the applicant. Mr. Rutherford stated that testimony would be heard from several Hopper Ridge residents.
Daniel O’Keefe, 19 Daniel Court, was sworn. Mr. O’Keefe testified as to how the proposed project would be an aesthetic improvement and that the current walls were unsafe and an eyesore, and the new walls would improve the value of Hopper Ridge and the surrounding area.
Board members asked Mr. O’Keefe how the walls were unsafe. Mr. O’Keefe described the deterioration of the walls. Board members asked how the property value would be increased. Mr. O’Keefe stated that it was something he felt strongly about.
Ron Rogers, 25 Daniel Court, was sworn and testified as to the age of the existing walls and the knowledge that the existing walls have passed their expected life span. Mr. Rogers stated that if the replacement is not done now, it would be an emergency repair in the near future.
Board members asked if any repairs to the wall had been undertaken in the past. Mr. Rogers did not know if repairs had been done. Board members asked if it would be possible to repair and not replace.
Marylu Coviello, 9 Durar Avenue, was sworn and testified as to the process getting to this point of the project as she was the ‘wall liaison’. Ms. Coviello stated that on-site inspections were done by Mr. Latincsics in approximately 2015 and that replacing the walls is a necessity and failure to do so would mean a lapse in fiduciary responsibility.
Board members asked if any other opinions had been sought. Ms. Coviello said yes, years prior based only on theoretical work.
James LeRose, 26 Daniel Court, was sworn and testified as to the frustration he felt when he looked into the project of replacing the wall and how long it should last and what would happen if it became an emergency. Mr. LeRose stated that he headed the insurance committee of the HOA and that a claim could be denied if this issue was not dealt with.
Board members asked about repairing instead of replacing the walls. Mr. LeRose said they need to think years ahead and the proposed walls should last 100 years. Board members asked if more bids had been sought for the project. Mr. Rutherford said a number of bids would be sought for the work.
Mr. Martin clarified the issues the Board members should be considering.
Maryann Bucci-Carter, Village Planner, was sworn and testified as to the report she submitted, marked as Exhibit B-1. Ms. Bucci-Carter summarized the variances being requested, the height of the wall and the riparian issue because of the ponds. Ms. Bucci-Carter stated that they are looking at c (2) criteria and the variances are minor. Ms. Bucci-Carter requested that a landscape architect should submit the final design and that the remaining issues are deliveries, timing and routes. The project in general is necessary maintenance.
Mr. Rutherford said the applicant will work with the Village and with NJDEP in regards to landscaping. Board members asked about the landscaping in relation to water issues.
Christopher Rutishauser, Village Engineer, was sworn. Mr. Rutishauser commented that the landscaping would need to be designed carefully as it could cause minor disruption over a period of time. Mr. Rutishauser said the walls should be constructed and vegetation planted that would have the least amount of impact. Any landscaping proposed would need to be approved by Mr. Latincsics and the Engineering Department. Mr. Rutherford said they would submit a landscape plan showing types of vegetation, size and location.
There were no further questions for Ms. Bucci-Carter.
Mr. Rutishauser testified as to the report he submitted, marked as Exhibit B-2. Mr. Rutishauser stated that the existing walls are in a state of gradual failure and that catastrophic failure would affect the sewer. Mr. Rutishauser said the nature of what is being proposed will require a soil moving permit.
Mr. Rutherford asked if the proposed wall system is appropriate. Mr. Rutishauser said it is and that it would have a longer service life. Mr. Rutherford asked if there were any issues with leaving the existing walls in place with the new wall constructed in front. Mr. Rutishauser said that was a good approach which would leave the sewer lines as undisturbed as possible. Mr. Rutishauser recommended that Village staff engineer be on site periodically to assure stability, etc.
Board members asked about issues with the ponds as they are not being dredged. Mr. Rutishauser said the ponds should be dredged every 20-25 years and depending on the weather, not dredging could cause the pond to become a bog. Board members asked what the pond depth should be. Mr. Rutishauser said he would defer to NJDEP regarding that. Board members asked about the possibility of the ponds becoming stagnant and the issues associated with that such as mosquitoes. Mr. Rutishauser said that the ponds are on a stream and circulation will happen unless there are drought conditions.
Public questions:
Robert Horbatt, 388 Cedar Avenue, asked what would happen if sewer line was breached. Mr. Rutishauser said the sewer line would be repaired and any sewage cleaned up.
Public testimony:
Susan Luciano, Weichert Realty Office, 15 W. Ridgewood Avenue, testified regarding the correlation between HOA fees and home values.
There were no questions for Ms. Luciano.
Mr. Rutherford called Tibor Latincsics for rebuttal. Mr. Latincsics, previously sworn, testified regarding the design life of the existing landscape ties as being 30 years, and the design life of the proposed walls as 75-100 years. Mr. Latincsics said that the HOA solicited several engineer’s opinions before moving forward. Mr. Latincsics stated that the surface area of the pond is being expanded and that there is a fountain in each of the ponds. Mr. Latincsics made a distinction between landscaping and the riparian zone, stating that the landscaping is decorative and creates a buffer, but the riparian zone vegetation is not ornamental and they will need to comply with the DEP standards and regulations.
Board members asked about the turning radius for the trucks. Mr. Latincsics explained the route the trucks will take in and out of the project.
Questions from the public:
Robert Horbatt, 388 Cedar Avenue, asked how far onto his property the trucks would need to go. Mr. Latincsics said it could be 8 feet.
Board members asked about noise levels. Mr. Rutherford said they would abide by New Jersey noise standards.
Alan Ruby, 47 Kira Lane, asked about the proposed length of the project and clarified that dredging the pond was removed from the project. Mr. Latincsics said the project should take 3 months.
Public comment:
Robert Horbatt, 388 Cedar Avenue, commented on the encroachment onto his property, referring to an easement deed that says ‘no nuisance’ use and that the easement was not designed for that kind of usage. Mr. Horbatt expressed concern regarding dirt, dust and unsafe conditions.
Shawn O’Brien, 292 South Irving Street, commented that he had never seen the easement used.
Alan Ruby, 47 Kira Lane, said he was concerned about the proposal and that the plans were incomplete. Mr. Ruby said the property was designed to have clear views of the ponds, which will now be impeded by fences. Mr. Ruby was concerned about the length of time the project will take and about the pond expansion which may result in an issue with mosquitos, the decreased tree canopy, and the overall environmental degradation.
Mr. Rutherford made closing remarks.
The hearing was closed.
Following Board deliberation, Chief Van Goor made a motion to approve the preliminary and final site plan approval, variance approval with the condition that the pond retain the current depth or deeper; and recommend the soil permit approval if access is not on Cedar Avenue. Ms. Reynolds seconded, and the application was approved.
Garber Building, LLC, 2-4 Garber Square, Block 3801, Lot 3 – Application for Minor Site Plan approval and parking variance relief to permit restaurant and inn – This hearing was carried to January 19, 2021 without further notice and without prejudice to the Board.
Hawthorne Acquisition 121, LLC, 235 East Ridgewood Avenue, Block 3703, Lot 11 - Adoption of Memorializing Resolution of Approval for Minor Site Plan and Parking Variance. The resolution was memorialized as drafted.
Adoption of Minutes: The minutes from December 1, 2020, were adopted.
The meeting was adjourned at 11:32 p.m.
Respectfully submitted,
Jane Wondergem
Board Secretary
Date Approved: February 16, 2021
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