MINUTES OF THE REGULAR MEETING OF THE SADDLE RIVER PLANNING BOARDHELDMARCH 6, 2018 –7:00PM MUNICIPAL BUILDING
PRESENT: Chairman Liva, Council President Jensen, Mayor Kurpis (arrived at 19:06) Members- Richin, Rogers,Lonzisero, Alt #1, Ponzini, Alt. #2,Planning Board Engineer Spence, Planning Board Landscape Architect Levy and Planning Board AttorneyDiBiasi
ABSENT:Board Members, Boyajian, Kurpis, DeCrosta and Bedrin
SUNSHINE LAW: Planning Board Secretary Burgio stated: “Notice of this
meeting in compliancewith the Open Public Meetings Act, Chapter 231of the Laws of 1976 has been given by posting notice of the scheduled dates of all regular meetings of the Planning Board of the Borough of Saddle River and in the office of the Borough Clerk and by e-mailing notice thereof to The Record on December 19, 2017.”
Notification of fire exits
PLEDGE OF ALLEGIANCE:
OATH(S) OF OFFICE:
Attorney DiBiasi performed the swearing in ceremony for Peter Ponzini as Alternate #2 member of the Saddle River Planning Board.
APPROVAL OF MINUTES:
A motion was made to approve the Minutes of the Regular Planning Board Meeting of February 6, 2018 by Council President Jensen. Mr. Lonzisero, Alt. #1 seconded the motion.
Roll Call Vote AYESChairman Liva Council President Jensen,
Ms. Rogers,Mr. Richinand Mr. Lonzisero, Alt. #1.
Absent:Mayor Kurpis, Ms. Boyajian, Mr. DeCrosta, Mr. Bedrin, and Mr. Kurpis Abstain:Mr. Ponzini
A motion was made to approve the Executive Minutes of the Regular Planning Board Meeting of February 6, 2018 by Council President Jensen.Mr. Lonzisero, Alt. #1 seconded the motion.
Roll Call Vote AYES Chairman Liva Council President Jensen,
Ms. Rogers, Mr. Richin and Mr. Lonzisero, Alt. #1.
Absent: Mayor Kurpis, Ms. Boyajian, Mr. DeCrosta, Mr. Bedrin, and Mr. Kurpis Abstain: Mr. Ponzini
MEMORIALIZAING RESOLUTION(S):None
PUBLIC HEARING: VV RAMANI, LLC
Soil Relocation-(continuation)BLOCK 1804, LOT 3
1 PINE TREE RD.
APPROVED
The Applicant is VV Ramani, LLC.
Attorney DiBiasi stated since this hearing is a continuation from last month all of the following professionals have been accepted as experts and duly sworn: Martin Spence, Borough Engineer, 86 East Allendale Road, Saddle River, New Jersey 07458, Scott Levy, Borough Landscape Architect of Scott Alan Design, 15 Barry Place, Fairlawn, New Jersey 07410,Bradley A. Meumann, Landscape Architect of Meumann Associates, 88 Maple Avenue, Suite 201, Morristown, New Jersey 07960 and Joseph Vince, Professional Engineer. of Schwanewede/Hals Engineering, 9 Post Road, Suite M11, Oakland, New Jersey 07436.
The Applicant was represented by Matthew G. Capizzi, Esq. of Capizzi Law Offices, 11 Hillside Avenue, Second Floor, Tenafly, New Jersey 07670. Attorney Capizzi gave an overview of the Application at this time. The Applicants propose the construction of a new single family dwelling and site improvements.
Attorney Capizzi,askedthat the following exhibits be marked for the record at this time.
- Exhibit A-1 Colorized version of the Plot Plan-last revised 1/26/2018-sheet 1 of 5 sheets-prepared by Schanewede/Hals Engineering Exhibit marked with a date of March 6, 2018 for the record.
- Exhibit A-2 – A-9 Landscape Plans-last revised 2/20/2018-prepared by Meumann Associates.
Mr. Vince gave a detailed explanation of the exhibits at this time focusing on the reasons for thetwo waivers requested and the need for same. The waivers being a change of grade and a retaining wall in excess of 4’. The proposed retaining wall standing at 6’.4”.
The Applicant submitted a geotechnical report by Johnson Soils that provides subsurface boring including the presence of groundwater at proposed elevations. Based on the report the proposed elevations are above groundwater tables.
Mr. Meumann gave a detailed explanation of the Landscaping Plans marked as Exhibit A-2 through A-9. These exhibits are colorized and reflect the existing grade, how that grade was changed, the view from the road with and without the shrubs and additional plantings from West Saddle River Road. In addition, Mr. Meuman went over the types and placement of additional trees and plantings in areas that were more open on the previous plans and steps that were added to reduce the change in grade.
Mr. Spence gave a summary of his report dated February 23, 2018 at this time. The Applicant has revised the plans along the east building line to minimize the cut at the walk out feature. The small wall at the east side has been eliminated. A fire pit is shown at this location. The Applicant is requesting a maximum wall height at a localized area at the SE building corner at the radius wall. The proposed wall has a short section length and results due to the building corner grading and walkout basement. This waiver request has been reduced since the prior application by approximately 0.4’, as well as reducing the maximum wall height waiver at the same location. The report from Johnson Soils indicates that there would be no excessive dewatering or ground water issues. There are six additional engineering comments that are minor that should be incorporated into the plan.
The areas with the change in grade (cut) greater than 4’ is total 2,750 SF (reduced from 3,100 SF at two locations, east and west of the building). The 2,750 SF included all areas that range from 4 feet to 7.75 feet in grade change.
Mr. Levy gave an overview of his report dated March 5, 2018 at this time.
Mr. Levy asked that the fencing in the non-disturbance zone area be done by hand.
Members of the Board discussed the application and testimony given.
Members of the Board and Professionals questioned the Applicant’s experts regarding the Johnson Soils report. Council President Jensen questioned Mr. Vince at length regarding the depth of the borings that were done and the results of the readings of same. Readings will continue to be done. If any of the readings come back negative, there would be a redesign of the plan and the Applicant would need to come before the Board
OPEN TO THE PUBLIC:No one wished to be heard.
CLOSED TO THE PUBLIC:
Council President Jensen made a motion to approve the Application for VV Ramani, 1 Pine Tree Drive, Block 1804, Lot 3with the condition that the comments from Mr. Spence’s report dated February 23, 2108 and Mr. Levy’s report dated March 5, 2018 be incorporated in to the Plan as well as the Planning Board maintaining jurisdiction throughout the completion of the Application. Seconded by Ms. Rogers.
Roll Call Vote AYES Chairman, Liva Council President Jensen, Mayor Kurpis,
Ms. Rogers, Mr. Richin and Mr. Lonzisero, Alt. #1
Absent:Ms. Boyajian, Mr. DeCrosta, Mr. Bedrin, and Mr. Kurpis
Abstain:Mr. Ponzini, Alt #2
Soil MovementELDEN DRIVE CAPITAL
BLOCK 1202, LOT 29
1 ELDEN DRIVE
APPROVED
The Applicant is Elden Drive Capital.
The Applicant is represented by Allen M. Bell, Esq. 19 Engle Street, Tenafly, New Jersey 07670. Attorney Bell gave an overview of the Application. The Applicant is seeking a soil relocation permit so as to permit the construction of a single family home at 1 Elden Drive, Block 1202 and Lot 29. The Applicant believes that the Application complies with all of the requirements of Municipal ordinances including zoning. There are no variances or waivers requested by this Application.
The following professionals were accepted as experts and duly sworn by Attorney DiBiasi. Each testified on behalf of the Application: Scott Levy, Borough Landscape Architect of Scott Alan Design, 15 Barry Place, Fairlawn, New Jersey 07410, Martin Spence, Borough Engineer, 86 East Allendale Road, Saddle River, New Jersey 07458, Christopher L. Karach, Landscape Architect, 160 Hooper Avenue, Waldwick, New Jersey 07463 and Thomas W. Skrable, Professional Engineer, 65 Ramapo Valley Road, Suite 213, Mahwah, New Jersey 07430.
Attorney Bell asked that the following exhibits be marked for the record at this time.
- Exhibit A-1 Grading and SESC Plan-last revised 3/6/2018-sheet 1
and sheet 2 Earthwork Calc’s, Steep Slope Plan, & Details-prepared
by Skrable Engineering.
- Exhibit A-2 Landscape Plan-last revised 2/20/2018-prepared by Christopher L. Karach, Landscape Architect.
Mr. Skrable gave a detailed explanation of the Exhibit A-1 sheets one and two. He described the location of the property and detail of the proposed single family dwelling.
Mr. Karach gave a detailed description of the proposed landscaping plan marked for the record as Exhibit A-2. Mr. Karach explained the focus of the plan is to restore the canopy that is missing from the existing landscape and to enhance the landscape with additional plantings. Mr. Karach stated that he and Mr. Levy walked the site and agreed upon the areas to be improved upon.
Mr. Spence gave a summary of his report dated February 23, 2018. Mr. Spence stated that the Applicant has satisfactorily addressed the prior engineering comments.
Mr. Levy gave an overview of his report dated March 5, 2018 at this time. All comments that were made by his office as of February 16, 2018 have been addressed.
OPEN TO THE PUBLIC:No one wished to be heard.
CLOSED TO THE PUBLIC:
Ms. Rogers made a motion to approve the Application for Elden Drive Capital, Block 1202, Lot 29, 1 Elden Drive.Seconded by Mr. Richin.
Roll Call Vote AYES Chairman, Liva Council President Jensen, Mayor Kurpis,
Ms. Rogers, Mr. Richin, Mr. Lonzisero, Alt. #1 and Mr. Ponzini, Alt #2
Absent: Ms. Boyajian, Mr. DeCrosta, Mr. Bedrin, and Mr. Kurpis
Amended Minor Subdivision:FINN/NYDAM
BLOCK 1808, LOT 7
12 EUGENE ROAD
APPROVED
The Applicant is John Finn and Darlene Nydam.
The Applicant was represented by Bruce Whitaker, Esq., 245 East Main Street, Ramsey, New Jersey 07446. Attorney Whitaker was regretfully delayed with a prior commitment and unable to attend the meeting. Mr. Finn represented himself as a result.
The following professionals were accepted as experts and duly sworn by Attorney DiBiasi. Each testified on behalf of the Application: Scott Levy, Borough Landscape Architect of Scott Alan Design, 15 Barry Place, Fairlawn, New Jersey 07410, Martin Spence, Borough Engineer, 86 East Allendale Road, Saddle River, New Jersey 07458,John Finn, the Applicant and owner, 12 Eugene Drive, Saddle River 07458, and Joseph Vince, Professional Engineer. of Schwanewede/Hals Engineering, 9 Post Road, Suite M11, Oakland, New Jersey 07436.
Mr. Vince gave an overview of the Application at this time. The Applicant is seeking to remove the deed restriction. The subdivision that created this lot was approved by the Saddle River Planning Board on February 4, 2002.
The property borders Route 17 and is part of the most easterly set of lots in the Burning Hollow development.The lot exceeds lot area being 87,129 square feet but as a non-conforming frontage as approved in the subdivision approval of 212.5 feet where 250 feet is required. The lot depth is 410.50 feet where only 150 feet is required. The side yard setbacks and rear yard setback are conforming. The total lot coverage is 13.2% where the Code permits 21% and Building Coverage is 4.7% where the Saddle River Code permits 7%.
When this lot was created a Deed restriction was imposed on the Property and this occurred prior to the Applicant taking title to the Property and prior to the home being constructed that currently exists. The Deed restriction reduces building coverage to a maximum of 5% and lot coverage to a maximum of 15%. A review of the Resolution indicates that when the Planning Board granted variance relief to allow the dwelling units to have a 100-foot setback, it was contemplated that with the house being this close to the roadway, there needed to be a reduction in building coverage so that the building was not too massive that close to the road and a reduction in lot coverage due to the fact that the noise barrier was going to be constructed in the rear of the lot but not exactly on the property line there by creating less usable area for overall improvements.
Mr. Finn stated he is proposing to install a pool and patio to the rear of the property. All of the improvements will meet all setback requirements. There will be no change to the front yard setback which will remain at 134.7 feet well beyond the 100-foot setback that is permitted by virtue of the prior Resolution creating this lot.
Building coverage is currently at 4.7%. With the construction of the pavilion area over the outdoor kitchen, building coverage will be 5% which is conforming to the mandates of the prior resolution.
The Applicant seeks variance relief for the following reasons.The current lot coverage is 13% and with the proposed swimming pool patio coverage will be at 16.5% which is well below the lot coverage permitted by the Ordinance of 21% but beyond the 15% mandated by the prior Resolution. The prior resolution had a restriction of 5% building coverage and 15% lot coverage which was based upon plans submitted at that time that the front yard setback for the dwelling unit would be 100-feet. The existing dwelling unit’s location is not being changed and has a 134.7-foot yard setback. The foundation for this condition does not exist as it pertains to the existing structure and the construction that has occurred.
At the time the deed restriction was imposed mandating the 15% lot coverage maximum, the Saddle River Ordinance was for lot coverage of 20%. The Ordinance has since been revised reflecting a maximum coverage of 21%. The Applicant is proposing coverage of 16.5% which is below the lot coverage permitted by Ordinance of 21% but beyond the 15% mandated in the prior resolution for the property.
The Applicant respectfully requests that the Deed restrictions previously imposed now be eliminated in view of the fact that the basis and foundation for the imposition of these restrictions from a planning perspective do not exist. The Applicant requests that this lot be afforded the same opportunity of other lots by permitting maximum building coverage of 7% and lot coverage of 21%.
Mr. Vince asked the following exhibits to be marked for the record and gave a detailed explanation of each at this time.
- Exhibit A-1 is the Plot Plan-dated 10/16/2017 last revised 1/22/2018-sheet 1 sheet-prepared by Schanewede/Hals Engineering
- Exhibit A-2 is the Landscape Plan-dated 6/23/2017 last revised 7/24/2017-prepared by Borst Landscaping and Design
Mr. Finn passed around photographs of his property at 12 Eugene Drive that were taken last fall at this time and gave a detailed description of same.
Mr. Spence gave a summary of his report dated February 23, 2018 at this time. Mr. Spence clarified with the Applicant that the deed restrictions be removed and that the building and improved lot coverage be 7% and 21% respectively. Mr. Spence stated that there are no negative impacts that would be caused by this Application being approved from an engineering standpoint. Mr. Spence asked for the record the front yard setback line be shown as 100’ from the centerline of the road, not 125’.
Mr. Levy gave his report at this time. Mr. Levy asked that additional plantings be done in the non-disturbance zone and that the fencing in the in this area be done by hand.
OPEN TO THE PUBLIC: No one wished to be heard.
CLOSED TO THE PUBLIC:
Members of the Board discussed the application and testimony given. Attorney DiBiasi stated that the resolution would include that the Borough Engineer review the new deed before filing. After the Boards questions were answered by the Applicant and Professionals a motion was made by Mr. Richin to approve the request to amend the minor subdivision and remove the deed restriction so the property would be treated the same as any other R-1 zone for the Finn-Nydam Application of 12 Eugene Road, Block 1808, Lot 7. Seconded by Mr. Lonzisero, Alt. #1.
Roll Call Vote AYES Chairman Liva Council President Jensen, Mayor Kurpis,
Ms. Rogers, Mr. Richin, Mr. Lonzisero, Alt. #1 and Mr. Ponzini, Alt. #2
Absent:Ms. Boyajian, Mr. DeCrosta, Mr. Bedrin and Mr. Kurpis
OLD BUSINESS:
NEW BUSINESS:
ADJOURNMENT:
There being no further business to discuss M Mr. Lonzisero, Alt. #1moved the meeting be adjourned.Seconded by Council President Jensen.
ROLL CALL VOTE AYES:Unanimous
Respectfully submitted,
Dobbie Burgio
Planning Board Secretary
MINUTES: REGULAR MEETING SADDLE RIVER PLANNING BOARD-
MARCH 6, 2018Page 1