STATE OF NEW JERSEY
						COUNTY OF BERGEN
						BOROUGH OF ELMWOOD PARK
						ZONING BOARD OF ADJUSTMENT

IN RE:

MATTERS AND DECISIONS RENDERED

ON WEDNESDAY, MAY 24, 2017

						MAY 24, 2017
						Municipal Building
						Elmwood Park, New Jersey 07407
						Commencing at 7:30 pm

B E F O R E:

		THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ELMWOOD PARK.

PRESENT:

			JAMES GOLEMBISKI, Chairman
			DEBORAH ALVAREZ, Member
			ANGELO PANETTA, Member
			DONALD INGRASSELINO, Member
			JEFFREY FREITAG, Member
			JAVIER QUIJANO, Member
			JOSEPH BENIAMINI, Member
			FRANK BAGLIERI, Member
			FRANK DELLIGATTI, Member
			PETER TEN KATE, Bd. Engineer
			MATTHEW DE MARIA, ESQ., Bd. Atty.

JOSEPH NATALE, C.S.R.
30 Cedar Island Drive
Brick, New Jersey 08723
(732)477‑6710
I N D E X

APPLICANT			DISPOSITION				PAGE

AGENDA:

THE ARC OF BERGEN
AND PASSAIC 
COUNTIES,INC. 
(A17‑001)			GRANTED					4

DR. PRAEGER/
SENSIBLE FOODS, 
LLC (A17‑008)		GRANTED					7

SURETOX LABORATORY
LLC (A17‑009)		GRANTED					5

SAMEH AMIN
(A17‑010)			GRANTED					3

RESOLUTIONS:  	

DARIUSZ KIDA, WARSAW 
LLC (A17‑006)								3

BOGOJA ANGELKOSKI
(A17‑007)									3

		THE CHAIRMAN: Good evening, this is the regularly scheduled meeting of the Elmwood Park Zoning Board of Adjustment called to order.
		Roll call vote: Present were Members Panetta, Beniamini, Ingrasselino, Delligatti, Freitag, Alvarez, Quijano, Golembiski and Baglieri.  

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		Mr. Freitag made a motion to accept the minutes of the April, 2017 meeting, seconded by Mr. Ingrasselino.
		Roll call vote: Voting yes in favor were Members Panetta, Beniamini, Alvarez, Quijano, Golembiski, Ingrasselino, Freitag; Members Delligatti and Baglieri abstained.  

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		Ms. Alvarez made a motion to accept the Resolution of A17‑006 (DARIUS KIDA, WARSAW LLC), seconded by Mr. Freitag.
		Roll call vote: Voting yes in favor of motion were Members Panetta, Ingrasselino, Freitag, Alvarez, Quijano, Golembiski; Members Beniamini, Delligatti and Baglieri abstained.  

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		Mr. Ingrasselino made a motion to accept the Resolution in the matter of A17‑007 (ANGELKOSKI), seconded by Mr. Freitag.
		Roll call vote: Voting yes in favor of motion were Members Panetta, Ingrasselino, Freitag, Alvarez, Quijano, Golembiski; Members Beniamini, Delligatti and Baglieri abstained.

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SAMEH AMIN (A17‑010)			(GRANTED)
PREMISES AFFECTED: 261 Rudolph Avenue, Block 1317, Lot 14.
PURPOSE: Variance for lot coverage, front yard setback and side yard setback.

		NABIL MIJALLI, Architect, 241 Hudson Street, Hackensack, New Jersey, sworn.
		SAMEH AMIN, 261 Rudolph Avenue, Elmwood Park, New Jersey, sworn.

		Mr. Mijalli was qualified and testified as a licensed architect in the State of New Jersey.
		Mr. Mijalli reviewed the plans before the Board and testified his client is proposing a new second floor addition on the right side and on the left side there will be a two‑floor addition. There is also a covered porch in front of the house. 
		He testified they are seeking three variances and testified the footprint of the home will not change. He testified this will remain a one‑family home.
		Mr. Amin testified he is requesting these variances as his family is expanding and they need more room. He further testified the porch will remain open and agreed the Resolution could state the porch will not be enclosed.
		He testified there will not be a kitchen in the basement.
		After further discussion and questioning by the Board, the Chairman opened the meeting to the public.
 
		ANTHONY PINHO, 265 Rudolph Avenue, Elmwood Park, New Jersey, sworn.
		Mr. Pinho testified Mr. Amin is a great neighbor, but had a concern that the garage/homes are going to be too close to each other, which can effect privacy, resale value and fighting a fire.
		Mr. Mijalli testified and agreed to eliminate the upstairs window on the east side.

		Hearing no one further, the Chairman closed the public portion. 
		After further discussion and questioning by the Board, Ms. Alvarez made a motion to approve with all the agreed‑to stipulations, seconded by Mr. Delligatti.
		Roll call vote: Voting yes in favor of motion were Members Alvarez, Delligatti, Panetta, Ingrasselino, Freitag, Golembiski and Baglieri.

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THE ARC OF BERGEN AND
PASSAIC COUNTIES, INC.
(A17‑001)						(GRANTED)
PREMISES AFFECTED: 67 Echo Place, Block 1802, Lot 28.
PURPOSE: Variance for deck setback, side yard setback, combined side yard setback and lot coverage.

		RICHARD JON CONTANT, ESQ. Appeared on behalf of the applicant.
		Mr. Contant reminded the Board they last appeared before them on February 22, 2017 and as a result of suggestions from the Board, they have returned with revised plans. They also have received permission from the State to remove all of the ramping on the right side.

		CASPER HUIZENGA, 21 Skytop Road, Long Valley, New Jersey, sworn.
		Mr. Huizenga was qualified and testified as a licensed architect in the State of New Jersey. 
		He testified the previous plan had a deck on the side and they have now taken the deck and ramp and moved them to the rear so there is no structure on the sideyard at all, which reduced lot coverage. He testified the left‑hand side will remain as originally proposed.
		Mr. Huizenga reviewed the plans before the Board.

		ALICE SIEGEL, previously sworn.
		Ms. Siegel testified that they would not receive funding from the State without their approval.

		After further discussion and questioning by the Board, the Chairman opened the meeting to the public. Hearing no one, the Chairman closed the public portion.

		Mr. Contant stated his client agrees with all the recommendations, etc., in Boswell's letter.

		Mr. Freitag made a motion to approve, seconded by Mr. Delligatti.		
		Roll call vote: Voting yes in favor of motion to approve were Members Freitag, Delligatti, Ingrasselino, Alvarez, Golembiski; Mr. Panetta voted no. 

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SURETOX LABORATORY 
LLC (A17‑009)					(GRANTED)
PREMISES AFFECTED: 241 Molnar Drive, Block 1107, Lot 1.
PURPOSE: Variance for D(1) Variance, Use Variance for urine/saliva and genetic testing.

		THOMAS DUCH, ESQ. Appeared on behalf of the applicants.
		Mr. Duch indicated his client currently operates at 445 Molnar Boulevard and proposes to move part of his operation to the subject premises. His client operates a urine/saliva/genetic testing laboratory.

		SIAMAK SAMOOHI, 273 Seton Hall Drive, Paramus, New Jersey, sworn.
		Mr. Samoohi testified he is a managing member of Suretox Lab and has been located in Elmwood Park 4 years, starting at 278 Broadway and then 495 Boulevard as a result of expansion. 
		He testified they perform drug testing for urine/saliva, and they are planning to expand to cancer genetics. 
		At their present location, they have 5 employees and the new location will also have 5 employees, and they will continue their 495 operation. He testified they receive their samples via UPS, FedEx and in some cases, they go and make a pickup; it is all small packages. Clients never come to the facility. These are as a result of physicians ordering testing. The samples are disposed via Stericycle, a company that comes and picks up every week.
		He testified the hours of operation at this location are Monday through Friday, 9 am to 5 pm, with no Saturday or Sunday operations. He testified no vehicles will be parked on site overnight. He testified they will operate on the first floor in approximately 3,000 square feet. He further testified they have 7 parking spaces.

		JOSEPH ARABIA, Architect, 5 East Shore Road, Bloomingdale, New Jersey, sworn.
		Mr. Arabia qualified and testified as an architect licensed in the State of New Jersey.
		Mr. Arabia testified he owns the second floor of the building in this two‑unit condominium. He testified that he prepared the site plan before the Board, which has been previously submitted to the Board in connection with two previous applications.
		Mr. Arabia described the location of the 7 parking spaces. He testified he is there every day, sometimes Saturdays, and there is never a parking problem.
		A‑1 (first floor plan) is received and marked.
		Mr. Samoohi testified and described A‑1 as the division of the first floor. He testified this is the actual area he will operate in. He testified visitors would be a rare occasion. He testified reagents are stored in a freezer and there is nothing flammable.
		Mr. Samoohi testified they are subject to regular inspections by the State and Federal Governments, etc.
		Mr. Duch indicated they agree with everything in Boswell's report.
		After further discussion and questioning by the Board, the Chairman opened the meeting to the public. Hearing no one, the Chairman closed the public portion.
		Mr. Freitag made a motion to approve, seconded by Ms. Alvarez.
		Roll call vote: Voting yes in favor of motion to approve were Members Freitag, Alvarez, Panetta, Ingrasselino, Delligatti, Golembiski and Baglieri.  

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DR. PRAEGER/SENSIBLE 
FOODS LLC (A17‑007)				(GRANTED)
PREMISES AFFECTED: 5‑9 Boumar Place, Block 1407, Lots 2 and 3.
PURPOSE: Variance for partial demo, lot coverage, floor area ratio, height, parking variance, parking stall variance and parking aisle variance.

		THOMAS DUCH, ESQ., Appeared on behalf of the applicant.
		Mr. Duch reminded the Board that his client appeared before the Board a few years ago and received favorable approval for an expansion. His client wishes to demolish an obsolete portion of the building, consolidate office operations at the facility, and construct a new three‑story office building.

		ADAM SOMBERG, 66 Essex Drive, Tenafly, New Jersey, sworn.
		Mr. Somberg testified he is president of Dr. Praeger Foods for 14 years, and has been at this location 14 years, and 20 years in Elmwood Park. He testified they produce mostly frozen veggie burgers and various types of frozen foods. Their highest number of employees, on the dayshift, will be 67.
		At this time, A‑1 (list of employees on highest shift) is received and marked.
		He testified the hours of operation are Monday through Friday, 24 hours, some Saturday hours, and early Sunday morning/late Sunday night (the latter being sanitation, but Monday through Friday is production). He also testified Saturday morning they finish at 5 am and Sunday they start sanitation at 9 pm. 
		He testified they are going to take the existing office space in front of the building and make that their Maintenance Department, Building 9.
		All office staff will be moved to the new building, Building 5. 
		The space that the Maintenance Department will vacate will become warehouse space, but same will not result in additional employees.
		There are 15 employees regarding sanitation.
		He testified the pallets will be removed from the northeastern corner of the parking lot, no outside storage.
		He testified that when 67 employees are present, they utilize the 50 parking spaces, as 15 carpool and 10‑12 take public transportation.

		HANS P. ERDENBERGER, AIA, 180 Sylvan Avenue, Suite 1, Englewood Cliffs, New Jersey, sworn.
		Mr. Erdenberger was qualified and testified as a licensed architect in the State of New Jersey.
		Mr. Erdenberger testified via plans before the Board. 
		He testified they will be consolidating the office space from Building 9 over to the front and creating a centralized office space. He testified they are going to raise the existing building and stay within the same footprint with the exception of the projecting conference room, approximately a 5 foot projection and approximately 22 feet wide. They are also adding an ADA ramp gaining access to the vestibule. The existing ramps will remain on the other side of the building.   
		He testified regarding signage it will be externally lit and will not exceed the 180 square feet. 		He testified 1 of the 3 handicapped spaces will be eliminated.
		Mr. Duch stated he will get comments from the Fire Official before any possible Resolution.
		They will also restripe the parking lot.
		After further discussion and questioning by the Board, the Chairman opened the meeting to the public.

		CHRISTOPHER BRAY, 126 Palmer Avenue, Tenafly, New Jersey, sworn.
		Mr. Bray testified he has concerns about more manufacturing and more trucks utilizing the road, as they own same, and was concerned about its maintenance.
		The applicant agreed that if the number of employees/manufacturing increases, the applicant will participate in some degree with maintenance of same.

		Hearing no one further, the Chairman closed the public portion. 
		Mr. Freitag made a motion to approve, seconded by Mr. Ingrasselino.
		Roll call vote: Voting yes in favor of motion to approve were Members Freitag, Ingrasselino, Panetta, Delligatti, Alvarez, Golembiski and Baglieri.			

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		There being no further business, a motion to adjourn was made and seconded, and all voted in favor of adjournment.

						BOARD SECRETARY