MINUTES OF THE ZONING BOARD OF ADJUSTMENT REGULAR MEETING BOROUGH OF ORADELL HELD IN THE TOWN HALL OCTOBER 20, 2014

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1 MINUTES OF THE ZONING BOARD OF ADJUSTMENT REGULAR MEETING BOROUGH OF ORADELL HELD IN THE TOWN HALL OCTOBER 20, 2014 Chairman Michelman called the Zoning Board of Adjustment meeting to order at 7:30 p.m. Notice of this meeting was published in the official newspapers, prominently posted in the Borough Hall, and filed with the clerk in accordance with the requirements of the Open Public Meetings Act. ROLL CALL: Present: Mr. Michelman, Mr. McHale, Mr. Samuel, Mrs. McGrinder, Mr. Buff, Mr. Beslow, Mr. Sears, Mrs. Sattely Absent: Mr. Kuller Also Present: Mr. Regan, Esq. Mr. Depken, Zoning Administrator Ms. Bob, Recording Secretary Correspondence Minutes for the Planning Board held September 2, 2014 The New Jersey Planner: July/August 2014 Approval of Minutes September 15, 2014 Mr. McHale made a motion to approve the minutes, and Mr. Buff seconded the motion. ROLL CALL: AYES: Sears, Beslow, Buff, McGrinder, McHale ABSTAIN: Sattely, Michelman Mr. Michelman explained the Zoning Board procedures. Mr. Depken was sworn in by Mr. Regan. CAL MARIA & MARTIN DEBENEDETTO CONTINUED Block 703, Lot Amaryllis Ave Mr. Michelman confirmed that he had visited the property and reviewed the video of the prior meeting so that he is eligible to vote. The homeowner, Martin DeBenedetto was sworn in by Mr. Regan. Mr. Regan stated that the architect had been previously sworn in and remained under oath. Ms. Paredes explained that the FAR variance was still noted on the agenda but that this variance had been removed. Mr. Reagan stated that the board had received revised plans dated September 16, 2014 and marked these into evidence as A7. Ms. Paredes explained that the

2 variance they are seeking is the distance of an accessory building to a primary building. She stated that they had reduced the carport by 2 feet. She explained that instead of the carport being 20 feet in length, would now be 18 feet with the width remaining the same. Ms. Paredes stated that they did the most they could with the reduction of size. She explained that the distance would now be eight and half feet rather than the previous 7.6 feet. She stated that she had research on the requirement of the 10 foot distance and had found that this requirement was mainly about bulk. She explained that there was a study done which showed that if a structure was less than 10 feet to the primary building it would appear as if it was part of the primary structure. Mr. Depken asked where this was found. Ms. Paredes stated that the zoning official in Ridgewood had given her this information. She explained that she had also done research on the fire code regarding the distance for emergency access and she could only find the minimum distance to the property line. She stated that the open carport would have no walls and would appear as if it was a pergola. She explained that the carport wouldn't appear to be attached; it would make everything light and would become a part of the landscaping. Mr. Michelman asked if the members of the board had any questions. Mr. Samuel asked if they had moved the garage closer to the neighbors and what was the distance to the side property line. Mrs. Paredes explained that they did not move it closer to the neighbors and the distance to the property line was 5 feet. Mr. Depken asked if the measurement went to the column and if there is a roof structure on it. Ms. Paredes stated yes that there was a roof structure like a pergola. Mr. Depken explained that there would be a further encroachment. Ms. Paredes stated that the roof structure is flush with the column Mr. Samuel explained that there is an overhang on the column that protrudes further out to the street. Ms. Paredes stated that the overhang is 6 inches of the roof towards the front. Mr. Samuel asked when measuring from that overhang, what the distance would be to the edge of the house. Ms. Paredes stated that in measuring the overhang it would be 8 feet in distance. Mr. Regan asked to confirm the 8 feet. Ms. Paredes stated yes, that it would be 8 feet from the overhang to the house. Mr. Michelman opened the hearing to the public for questions, not seeing a show of hands, closed to the public. He asked the applicant if there was anything further to add in summation. Ms. Paredes stated that the carport added an enhancement to the property and to the neighborhood. Mr. Michelman opened the hearing to the public for comments, not seeing a show of hands, closed to the public. Mr. Michelman asked for comments from the board members. Ms. McGrinder stated that the project looked very nice and that the 8 feet is sufficient. Mr. Samuel commended the applicant for the changes made but wished they had done a little more to eliminate the variances. Mr. Buff stated that the garage would be an enhancement to the neighborhood. Mr. McHale explained that the garage would enhance the neighborhood and is attractive. Mr. Sears stated that he appreciated the applicant going back to tighten up the project and that it looked good. Mr. Beslow explained that the existing driveway is a challenge and using the other side of the property was a good plan. Ms. Sattely stated that she could not comment because she did not 2

3 review the last meeting. Mr. Michelman explained that the applicant worked hard in trying to bring the project closer to conformity and it would enhance the neighborhood. Mr. Samuel made a motion to approve the application, and Mr. Sears seconded the motion. ROLL CALL: AYES: Samuel, Sears, Beslow, Buff, McGrinder, McHale, Michelman CAL MARK DANBE NEW APPLICATION Block 323, Lot 7 52 Delford Avenue The homeowner, Mr. Danbe was sworn in by Mr. Regan. Mr. Regan stated that the applicant's notice was in order. Mr. Danbe explained that during last year s winter they had experienced a backup from ice damning, water in their living room, ice on the front steps and water damage to the house. He stated that they began to look into fixing the problems in order to make the front safer and more aesthetically pleasing. He explained that they want to add a mud room with an entryway and a front porch flush to the house. Mr. Michelman asked the board members if they had viewed the property and if there were any questions. Mr. Regan asked questions regarding the lot coverage calculations on the plans versus the calculations on the application. He stated that the plans reflected 5403 for lot coverage but that the application stated 5527 in coverage. He explained that there was an inconsistency and that the plans would need to be revised. Mr. Michelman stated that if approved a condition would be to revise the plans and confirm the calculations with the zoning official. Mr. McHale asked if they were adding any interior living space. Mr. Danbe explained that the addition would be a mudroom entrance way with a small sitting area. He stated that the porch would add cover over the rain and snow elements. Mr. Michelman opened to the public for questions, not seeing a show of hands, closed to the public. Ms. Sattely asked for an explanation of the new steps not going any further than the existing house. The builder for the project, Gary Hipp at 355 Summit Street Hackensack, NJ was sworn in by Mr. Regan. Mr. Hipp stated that the steps do protrude beyond the building. He explained that they had stepped back the deck so that the first and second steps would come down in the front of the existing house. Mr. Depken stated that 4 feet is permitted into the encroachment with steps. Mr. Samuel asked if they could explain the purpose of the deck. Mr. Danbe stated that the unique shape of the entrance to the house and the look from the front dictated this deck design to be the most pleasing and usable of the space. Mr. Hipp stated that there is a roof over the deck so that the platform gives cover from the elements. He explained that there is no roof covering the steps. Mr. Depken stated that this is not a deck but it is porch. Mr. Hipp explained that it is a deck with a roof on it and it would appear to be a porch. Mr. Sears asked how it will drain. Mr. Hipp stated that the existing conditions had no drainage and no protection. He explained that the new platform by the door would now give protection. Mr. Samuel asked about any potential problems with the miscalculation of lot coverage. Mr. Depken stated that sometimes miscalculation with coverage happens. Mr. Regan explained that there is a 124 square foot difference. Mr. Michelman stated 3

4 that there will be no impact on the variances. Mr. Michelman opened to the public for questions, not seeing a show of hands, closed to the public. Mr. Michelman asked for any closing comments or summation. Mr. Hipp stated that if approved they would make the changes on the plans with the architect. Mr. Michelman asked for comments from the board. Mr. McHale stated that this was a good solution to the problem but was concerned about the coverage. He explained that the project would look nice and made sense with the shape of the structure. Mr. Sears stated that he had no objection to making a property safer. Mr. Beslow stated that it would fix a safety factor, would look more attractive and would fit within the community. Ms. Sattely explained the reasons for lot coverage was to aesthetically not make an appearance of a big box structure on a property. She stated that this project would give a nice appearance to the house. Mr. Buff stated that it was a good concept and an enhancement to the house. Mr. Samuel agreed with the member's comments. Ms. McGrinder stated that the project would connect the two sides of the house nicely. Mr. Michelman explained that it would give a more pleasing aesthetic to the house. Mr. Depken suggested that the structure will not be enclosed. Mr. Michelman asked for the resolution to include that the structure be built as specifically outlined on the plans, it will not be enclosed and will remain open. Mr. Samuel made a motion to approve the application with conditions placed, and Mr. McHale seconded the motion. ROLL CALL: AYES: Samuel, Sattely, Sears, Beslow, Buff, McHale, Michelman CAL MARINO FAMILY LTD. PARTNERSHIP NEW APPLICATION Block 1202, Lot Kinderkamack Road Mr. Michelman asked if the application had proper notice. Mr. Regan stated that there was an issue of legibility for the affidavit of publication and reviewed another submitted copy. Mr. Regan explained that the notice is sufficient but that the applicant really needs to articulate the deviation of relief that's being requested because it is not clear what the nature of the relief is. Mr. Depken stated that he had copies of the green cards that were legible and just received the originals. Mr. Michelman indicated that the applicant needs to be clear on the relief being requested. The attorney for the application, Mr. Krauss introduced himself. Mr. Krauss stated that schedule A outlines the relief being requested. He explained that there are five items of relief and that the application had been broken into five separate items so that if the board wanted to grant some of the relief being requested. Mr. Krauss began to outline the items of relief: the rear patio requires approval; requesting to use the rear patio for both business and personal use which would include adding more tables to the back patio for use with the café; utilizing the liquor license in all areas where Cool Beans is operating. Mr. Regan asked about the liquor license and if it was a person to person, place to place transfer. He asked if in the transfer was the exterior included or was it only for interior use. He stated that the applicant may need to go back to the mayor & council to 4

5 extend the license to the exterior. Mr. Depken explained that the former restaurant Felice, where the license had come from, did not have outdoor seating. Mr. Regan asked if they had requested the mayor and council to extend the liquor license use to the outside. Mr. Krauss stated that at the mayor and council they requested the use of the license in all areas that Cool Beans is operating, which would have included the outside. Mr. Michelman explained that at the moment the applicant would have use of the front area but no authority to use the back patio. Mr. Depken asked if the applicant should go to the mayor and council first regarding the liquor license before coming to the zoning board. Mr. Michelman indicated that the application would not be finished this evening and that the applicant can submit letters to the mayor and council. Mr. Krauss stated that the zoning aspect of the application is a change of use of the property. He explained that they are seeking a D1 use variance. Mr. Krauss continued with the outline of the relief requested: the basement area, he explained that the owner wants this area approved as a family recreation room for their own personal use since the owner s family resides in the residential area of the building; the second floor area is currently zoned for mixed use, he explained that the owner wants this area approved for residential use. Mr. Regan explained that the second floor and the basement would both be additional D1 use variances. Mr. Krauss stated that they intend to split the variances up for consideration separately so if the board wanted to grant some and not all the relief. Mr. Regan explained that it needs to be one vote on one application and that there cannot be 5 separate votes. He stated that the applicant can modify the proposal as they go on hearing the comments of the board and choose the components they wish to withdraw or proceed on. The property owner, Christopher Marino at 304 Kinderkamack Road Oradell, NJ was sworn in by Mr. Regan. Mr. Krauss asked for confirmation of ownership of the property. Mr. Marino stated that the property is owned by Marino Family Limited Partnership which consist of himself and Melissa Benard who resides with him. Mr. Krauss asked how many businesses operate within the building. Mr. Marino stated that there are three businesses which are the Butcher Shop, Susan's Hair Color Room & Cool Beans. He explained that Cool Beans is owned by himself which he personally operates. He stated that the business has been there for 16 1/2 years and they serve soups, sandwiches, wraps, coffee, teas, cakes & pies. Mr. Krauss asked if there would be any effect on the other business and also for an explanation on the rear patio and its purpose. Mr. Marino stated that there would be no effect on the other businesses. He explained that the original concept of the patio was for their two children, ages two and four years old, to play on. He stated that they originally started construction, the project got bigger and it was originally intended for personal use. He explained that they got the opportunity to purchase the liquor license and decided to expand the coffee shop to the backyard area. He stated that they would construct the outside café area of nonporous patio material. Mr. Krauss asked if they were requesting the board to approve the back patio for personal and business use. Mr. Marino stated yes and that they intend on using the area similarly as the front patio use. Mr. Krauss asked about the second floor and its purpose. Mr. Marino stated that there was a small apartment on the one side and that his family had wanted to move to Oradell. He 5

6 explained that when the ballet school moved out, it had left a big open space so they opened an existing doorway and increased the living space. Mr. Krauss asked if the second floor is being requested to be used for commercial purposes in the future. Mr. Marino stated that it's a possibility in the future to use the space for commercial use again but it is now intended to be used for residential. Mr. Krauss asked about the creation of Campbell City LLC and to explain the ownership. Mr. Marino stated that he is the owner of the business and that it is the entity that purchased the liquor license. He explained that he knew the former owner of the liquor license and asked to bid on it. Mr. Krauss asked what kind of liquor license was purchased and are you intending to use the license everywhere Cool Beans operates. Mr. Marino stated that the license will be used in all areas that Cool Beans operates and is a plenary C license with a full broad spectrum. He explained that he can serve wine, beer, all spirts and sell packaging which includes beers to go. Mr. Krauss asked questions regarding waitress service, the food being served and if the license will change these items. Mr. Marino stated that they do not have waitress service yet but that they will have to. He explained the food which Cool Beans serves and indicated that they may tailor the menu slightly but will remain similar. Mr. Krauss asked about the business atmosphere and added security measures. Mr. Marino explained that the business is a relaxed atmosphere which they are intending to keep. He stated they would like to see the business as a pub style coffeehouse. He explained that there are existing security cameras and that they will add cameras to the back patio area. He stated that this is for the protection of the staff and the patrons. Mr. Krauss asked about the current hours of operation and the changing business hours. Mr. Marino explained that they are currently open seven days a week at 7 a.m. and operate till 10 p.m. during the week except for Friday and Saturday which then they are open till midnight. He stated that the hours would change to a later closing time for the liquor license with last call being at 1:30 a.m. He explained that they would not want to restrict their closing time and would possibly be open till 2 a.m. Mr. Michelman stated that in the 1997 resolution there was a condition that there would be no cooking and no food preparation on the site except for liquids such as coffee & espressos. He explained that the resolution outlined no stoves and no ovens on the site and only cold prepared sandwiches. Mr. Marino stated that there is no cooking and no food preparing on site. He explained that the food is delivered by Kettle Cuisine Service. Mr. Marino stated that the health department has seen the items in his business and has approved of them. Mr. Depken explained that the board can get a report from the health department on the business. Mr. Marino stated that he had discussed these items with the health department and that they were fine with everything. Mr. Michelman explained that the board would like a report directly from the health department. Mr. Michelman asked if there were any questions from the board. Ms. McGrinder asked about the music outside and parking on the site. Mr. Marino stated that there will be no live band playing outside but possibly ambient music. He explained that there is no parking currently on the site. Mr. Depken asked what ambient music is. Mr. Marino stated that it would be rocks outside that are ambient music players. Mr. Sears asked about the plans for what will be put around the patio. Mr. Krauss stated that the architect will testify to that information. Mr. Buff questioned the second floor and if they were seeking either commercial or residential. Mr. Krauss stated that the applicant is seeking residential now but 6

7 commercial in the future. Mr. Buff asked if the board is looking at a two story Cool Beans with liquor in the future or will this be first floor commercial and second floor residential. Ms. Sattely stated that it is confusing because the second floor is currently mixed use; the applicant wants it to become all residential but then sometime in the future return it to residential & business use. She asked what the benefit of making it all residential now is. Mr. Marino stated that the ballet studio side is commercially zoned but his family is currently living in that area, so they need to make it residential. He explained that in the future if a prospective tenant would like to rent the space then the relief would allow him to make it commercial again without having to come back before the board. Ms. Sattely asked how many years had the family been living there and if it's already being used then why change it. Mr. Marino stated that the family has been living there for two years but living in the commercial area for a year now. Mr. Depken stated that there were approvals needed for this and that this was found upon an inspection. Mr. Michelman stated that a variance is needed to change to a residential use but he himself was not likely to vote for a concept on a future commercial use. He explained that he would want to know what that future commercial use would be. Mr. Depken stated that depending on the use parking maybe needed. Mr. Michelman stated that in hearing the concerns from the board are they removing the future commercial use request. Mr. Krauss stated yes that they will remove the future commercial use and make the second floor all residential. Mr. McHale asked if there was any proposed new construction on the second floor. Mr. Marino stated that all the rooms upstairs already exist and are finished. He explained that had only removed an existing doorway. Mr. Depken stated that if approved for residential, there would be substantial building work needed for fire rating the stairwells. Mr. Marino explained that there are several means of egresses and that the egress has increased by joining all the spaces on the second floor together. Ms. Sattely asked if approved would there need to be work done to bring the space up to code. Mr. Depken stated yes that there would be. Mr. Marino explained that the building is 120 years old and there is just so much that he can do to bring the building up to code. He stated that the building has a fire alarm system throughout. Mr. McHale asked if the rear patio will have a bar area. Mr. Marino stated that he didn't think it would be a bar area but more of a waitress station that will be a movable station and nothing permanent. Mr. Sears asked if the outdoor seating will be utilized during normal business hours until 2 AM. Mr. Marino stated yes. Mr. Samuel questioned clarification of the patio being constructed but not already approved. Mr. Michelman stated that the work on the patio had already been done but that it was not approved and never had permits. He explained that the deck and stairs was previously approved and are only being modified. Mr. McHale asked about the age of the patrons within the business and if children will still be allowed. Mr. Marino explained that there will be no bar to sit at. He stated that there will be no bar atmosphere and the concept is for an older adult crowd. He explained that he talked to other similar business owners and gave the example of Finks in Dumont, NJ. He stated at that location there is a restaurant and bar area. He explained that they restrict the age of patrons after 9 p.m. if there is an event or band performing. Mr. Marino stated that his business would have ID scanners which would ensure no underage drinking would occur. 7

8 Mr. Sears asked if there was any business conducted on the patio right now. Mr. Marino stated only in the front patio area. Mr. Michelman asked for a letter to be sent requesting the withdrawal of the future commercial use within the residential area. Mr. Samuel asked about the relief for the residential use within the basement and if there is something that prohibits that. Mr. Depken explained that business is permitted in the B1 zone and residential uses are permitted but only as an efficiency apartment. He explained that anything else would need approvals from the board. Mr. Marino stated that the basement is purely for personal use only and would not be used for business. Mr. Samuel asked how that area would be accessed and would you have to go through the business to gain access to that space. Mr. Marino stated no and that there was a stairwell from the second floor directly to the basement. Mr. Samuel asked if the door in that stairwell area will be closed off to separate the business space. Mr. Marino stated that he was not opposed but would prefer not closing that area. He explained that this would limit his access to all the areas and for safety reasons this is an additional exit area. He stated that this area also gives him the convenience of gaining access into the business area, in case of emergency, without having to go outside to then access the business area. Mr. Samuel asked for clarification on the proposed paver patio that already exists there. Mr. Marino stated that the patio is already there but with no permits and no approvals. Mr. Michelman explained that the patio is marked as proposed just for the board s purposes. Mr. Marino stated that he would like to use the patio for personal use but that it is also an extension of the coffee shop use. Mr. Samuel asked if the board approved the patio in general but doesn't approve it as a business use then does it automatically become personal use. Mr. Depken explained that the board would have to clarify what exact use would be for the patio. Mr. Michelman stated that the board would have to state specifically what the patio's use would be. Mr. Samuel asked what they would be approving in regards to the liquor license. Mr. Krauss stated that they are requesting relief to use the liquor license in all aspects of the business. Mr. Samuel stated that the applicant would have to go back to the mayor and council for clarification of any restrictions to the liquor license. Mr. Depken ask for clarification and information on such items as: number of wait staff; number of occupants; plans for the space; if no bar then where is the liquor coming from and parking for the business. Mr. McHale asked if the 56 seats in the rear patio were permanent or nonpermanent seating. Mr. Marino stated that they are nonpermanent seating and tables. Mr. McHale asked how many wait staff will be in the rear patio. Mr. Marino stated approximately 4 to 6 wait staff. Mr. Depken asked how many total wait staff throughout the entire space. Mr. Marino stated that the 4 to 6 possible wait staff would be for the total space. Mr. McHale asked how many seats are in the internal portion and what would be the maximum number of patrons. Mr. Marino stated that there are 40 seats inside, 16 seats on the front patio and 56 seats proposed on the rear patio. He explained that right now they normally don't get more than people maximum for an event. Mr. Depken stated that this is a large increase to 112 patrons in the total space. Mr. McHale asked if there were no bands outside. Ms. Sattely stated that the prior resolution restricted them to no outside music. Mr. Depken asked on the current number of employees. Mr. Marino explained that there are 4 to 10 employees depending upon the holiday season but that the normal staff is 2 to 3 employees. Mr. Depken asked what will the number of employees increase 8

9 too. Mr. Marino stated that including the new wait staff there would be possibly be 6 to 8 employees in total. Ms. Sattely asked if they would be taking the tables in at night and how the rear patio would be accessed. Mr. Marino stated that they would not take the tables in and that you'd gain access to the rear patio threw the coffee shop. Mr. Depken asked if anyone would use the sidewalk to access the patio. Mr. Marino stated no. Mr. Sears asked how many employees the old ballet studio had. Mr. Marino stayed that there were 2 to 3 main employees with and extra 15 kids that would help teach classes. He explained that the ballet room was substantial in size. Mr. Michelman opened to the public for questions of the witness only. He explained that there are no comments to be made at this time. Margie Druss Fodor, president of the Bergen County players at 298 Kinderkamack Road Oradell, NJ was sworn in by Mr. Regan. She asked questions if there would be any outdoor music or live shows. She explained that the walls in the theater are thin and they want to make sure that nothing outside will interfere with their productions. Mr. Marino explained that he has a good relationship with the theater and has no intention of putting any live bands in the back. He stated that the theater season is mainly during the colder months when no one will be sitting out back. Ms. Druss Fodor stated that there is a good relationship but her concerns are for the theater. Ms. Sattely explained that the prior resolution does not allow them to have outdoor entertainment. Mr. Depken asked if they hear any music now. Ms. Druss Fodor stated no, as long as the music is inside their space. Theresa Trask at Maple Avenue Oradell, NJ was sworn in by Mr. Regan. Ms. Trask asked if Suzanne's Hair Salon leaves their space would Cool Beans extend their use into that space. Mr. Marino stated that he is looking to extend the hair salon's lease for another 10 years. Ms. Trask asked if instead of leasing, would you consider using that space to extend your business instead of using the outside area, then you would have a year round space instead of seasonal. Mr. Marino stated that he would not really consider that because the hair salon has been there for 17 years, she is a good tenant and her business is a benefit to the downtown area. Ms. Trask asked if they can control the activity there at all times when patrons are drinking. Mr. Marino stated that they will remove rowdy people and there will be no tolerance for that. Ms. Trask asked what they will do with children coming into Cool Beans. Mr. Marino stated that everyone will be ID and only adults will be served. Ms. Trask stated concerns of children being there with drinking adults and asked if they will they have children leave. Mr. Marino stated that they are looking to change the clientele and appeal to more of an adult crowd. He explained that he wants the business to be a family place and it will not be a ruckus bar. Ms. Trask asked if there will be limits to the amounts of alcohol served, who will enforce policies if someone drinks too much and will all the employees be over 21 years of age. Mr. Marino stated that the servers and bartenders will monitor the drinking and enforce the business policies. He explained that the staff will all be over 21 and that he will not risk losing the liquor license because it is a huge financial undertaking. Mr. Depken stated that they could lose their license if they don't follow state regulations. Ms. Trask explained that children could be next to someone drinking. Ms. Sattely stated that there are laws and regulation to follow in serving alcohol. Ms. Trask asked who will monitor the outdoor area and will they be having biker's nights. Mr. Marino stated that the staff will be outside and there will also be security cameras. He explains that in the past they have done biker's nights but that has tapered off since the noise 9

10 of the bikes wake up the children. He stated that any noise is a concern for him as well since his family lives there too. Mr. Depken asked if they are not going to have a bar. Mr. Marino stated that it will be more of a service station with a wait staff. He explained that patrons can go up to order a drink but there will be no stools to sit on. He stated that he does not want a typical bar. Karen Becker at Maple Avenue Oradell, NJ was sworn in by Mr. Regan. Ms. Becker asked about the bordering residential neighbors and if he had spoken with any of his neighbors. She stated that he indicated to have talked with other business owners but those owners do not border residential areas. She asked what kind of lighting system will be in the backyard for the patio and will lights be seen at 2 a.m. Mr. Marino stated no and that there is one floodlight. He explained that any new lighting to be installed would be landscape lighting. He stated that no lights will be seen at 2 a.m. Ms. Becker asked if he will have any outdoor heaters. Mr. Marino stated that there possibly maybe heaters placed on the patio. He explained that the glow of the heaters is on the inside and all that it emitted is heat instead of radiant lighting. Ms. Becker stated that the patio is being requested for both personal and business use and asked what would happen if a friend stays outside drinking till 4 a.m. Mr. Marino stated that the outside has the same regulations as the inside and that everyone has to leave the establishment at last call. Ms. Becker stated that once she had to call the police on the establishment several times because of a personal birthday party in the backyard that lasted till after 4 a.m. with a bonfire. Mr. Marino stated that they have stopped fires completely and that there is no fire pit in the backyard patio. Ms. Becker stated that there is a lack of respect for the police because the police are called, they quiet down for an hour, it starts up again and the police have to then be called again. Mr. Marino apologized and stated that they do not hang out there anymore. He explained that situation happened a few years ago and with the liquor license things like that cannot happen again. He stated that everyone would have to leave at last call. He explained that his family is now upstairs and he wouldn't want to disturb anyone. Ms. Becker asked about the back door being propped open during the summer time. She stated that the bands can be heard loudly outside and asked what kind of noise buffer will there be. Mr. Marino stated that the back door will be kept close. Ms. Becker explained that door will be opened and closed repeatedly as 56 people are served on the back patio. Mr. Marino stated that the bands have tapered down. He explained that he will make sure that the door stays closed and that the bands will be kept at a normal level. Ms. Becker stated that she will not be able to use her backyard because his patio could potentially have 56 people out on it all night long. She asked how people will be controlled from being loud and using foul language. Mr. Marino stated that he would make concessions with the backyard and wouldn't want to upset the neighbors or exceed the noise ordinance. Ms. Becker explained that no one had talked to the neighbors which he shares property with. Mr. Marino stated that there is a garage buffer and he will be planting trees as a buffer to reduce noise. Mr. Michelman asked as a neighbor, could any suggestions be made on the usage of the patio. Ms. Becker stated that she would like to see a 10 p.m. curfew for the patio especially for serving alcohol. Laurie Winters at 258 Maple Avenue Oradell, NJ was sworn in by Mr. Regan. Ms. Winters asked about the amount of the additional garbage. She stated that garbage was there now and with serving alcohol there will be an increase in bottles and garbage. She asked what will be 10

11 done about cleaning the additional trash and recycling. Mr. Marino stated that in the last year with all the construction the garbage enclosure in the rear has been non-accessible. He explained that he bought dozens of new trash cans with lids and has proposed a new garbage enclosure. He stated that the garbage was out in front because today was pickup day. Ms. Winters asked about the recycling. Mr. Marino stated that there will be a new accessible area to house the garbage and recycling. He explained that the cans will be wheeled to the front for pickup. Ms. Winters asked about the additional 56 people and the additional staff on where they will all park their vehicles. Mr. Marino stated that there is on street parking. He explained that the theater has over 200 seats with no parking as well. Ms. Winters stated that he is expanding his business and will need parking. Mr. Marino explained that people will find a way and find parking. Ms. Winters stated that this will be a place where patrons are staying long amounts of time and will be noisy going back to their cars. Mr. Marino explained that Felice had the liquor license with the same type of patrons. Ms. Winters stated that Felice had a parking lot for its patrons. She explained that what is proposed is great but does not know any other place that has inside and both front and back outside liquor service till 2 a.m. She stated that there will need to be a concrete plan and that things can't be worked out as it goes. Mr. Marino explained that they have had shows before and people have found parking. Mr. Michelman asked if the health department had looked into the garbage issue. Mr. Depken stated that they had to address some situations in the past. He explained that there are ordinances that need to be adhered too. Mr. Marino stated that he has a good relationship with the health department. Mr. Depken asked if they will obtain parking permits for the employees. Mr. Marino stated no and that currently only one employee who has a car. Nancy Feldman the business manager for the Bergen County Players at 298 Kinderkamack Road Oradell, NJ was sworn in by Mr. Regan. She asked what they suggest the theater does when 56 people make noise and the sound bleeds threw their walls and interferes with the theater and its patrons watching a show. She asked what they can do in that type of situation. Mr. Krauss stated that this is a concern and not a question. Mr. Michelman stated that this is something for the end of the application. Kathleen Mooney at Maple Avenue Oradell, NJ was sworn in by Mr. Regan. Ms. Mooney explained that her property is directly across the street from his neighbor which abuts the property. She stated that the noise hasn't been contained in inside area and asked how will the noise be limited and contained in the outside area. She additionally asked what the times for noise during the week are, will it be rented for private parties and how will the outside lighting be contained from not bleeding out to the residential area. Mr. Marino stated that there will be no wild parties in the back and that they may do private parties. He explained that during the week the inside will be open till 2 a.m. but the outside is a different environment and they will possibly curtail the hours for the outside area. He stated that he is unsure if he would want the outside being open till 2 a.m. Ms. Mooney asked who will monitor the number of people outside. Mr. Marino stated that he will be there and if he is not then there will be a shift manager who will watch the area. Ms. Mooney asked if the patio will have 56 seating and then an additional standing area and what time the outside establishment will be open till. Mr. Marino stated that they are looking for a nice quiet and calm cafe style place. He explained that they will possibly curtail the outdoor area for the evenings. 11

12 Mr. Michelman asked if they would be accepting of conditions for the outdoor use. Ms. Mooney asked what could be the possible months of operation and times of use. Ms. Sattely stated that the prior resolution contained limitations for the outside usage and that the front outdoor cafe can only be used between the months of April to October. Mr. Krauss stated that they will confirm what they will propose as usage and discuss this matter at the next month s meeting. Mr. Depken requested that they submit this in writing before the meeting. Mr. Krauss stated that they will. Ms. Mooney asked if they can clarify the ambient noise, if there will be speakers or not and will there be a volume limit. Mr. Marino stated that they are looking into the low level rock speakers that produce ambient noise. He explained that there will be no live bands in the back. Mr. Buff asked if they will have amplifies in the back or not. Mr. Marino stated yes. Paul Witte at Maple Avenue Oradell, NJ was sworn in by Mr. Regan. Mr. Witte stated that he is the direct neighbor of the property. He asked what they are preparing to do to change what is there now, how will they keep the property clean and how do they know that he won't do things after the fact of an approval. Mr. Marino stated that he has a landscape contractor and there is a landscaping plan. He explained that his intention is to fix up the backyard. Mr. Witte asked if there is a permit for the patio there now and if the patio is not approved will it be removed. Mr. Marino stated that there is no permit and if the patio is not permitted he will remove it. Mr. Witte asked if there will be smoking on the outside patio. Mr. Marino stated that he will have to look into the legality of that. Mr. Krauss explained that 17 years ago the property was an eye sore. He stated that the applicant made a nice cafe and increased the enhancement of the area. He explained that the applicant will do what he did for the front patio in the back yard which will improve the rear patio. Sam Tripsas at 327 Maple Avenue Oradell, NJ was sworn in by Mr. Regan. Mr. Tripsas stated that he lives behind the property where all the trees came down. He asked if they had cut down trees on their property. Mr. Marino stated that they did. Mr. Tripsas explained that there was a nice buffer in that area but now all they have is sky where mature trees once were. He asked what they are intending to do in that area. Mr. Marino explained that they only cut down four trees on the property and that those trees were not tall. He stated that there is a landscaping plan which calls for visual buffers. Mr. Tripsas stated that in the 1997 resolution there was to be no alcohol served and no music allowed. Mr. Krauss explained that at that time there was no potential for alcohol. Mr. Michelman stated that whatever they do next month would be a new resolution going forward. Mr. Tripsas asked if that would invalidate the prior resolution. Mr. Michelman stated that you can make changes but it has to be in the proper manner. Laurie Winters at 258 Maple Avenue Oradell, NJ asked if a variance is granted, what would happen if he moves and someone buys the business. Mr. Regan stated that the variances run with the land and not with the owner. He explained that if the property owner sells the business and the liquor license then the license has to be transferred. He stated that any variances run with the land. Mr. Marino indicated that if anyone has any concerns to please come and talk to him. Mr. Michelman explained that if anything happens outside between the applicant and his neighbors that would be irrelevant to this hearing. He stated that the hearing will be carried with no further notice to the following month s meeting to be held on November 17, Mr. Depken asked if the board would want a floor plan of the interior space. Mr. Michelman stated 12

13 yes, that a floor plan should be submitted along with a letter of changes to the application and its relief. Ms. Sattely stated that the outside lighting needed to be delineated on the plans as well because that will come up at the next meeting. Mr. Michelman adjourned the case. Resolutions None Old Business Mr. Michelman asked if there had been any information to report on a date for board member training sessions. Mr. Depken and Mr. Regan both stated that there was no information on any training sessions as of yet. New Business Nothing to report Mr. Michelman opened the meeting to the public for any matters. A business partner for Wine Country, Ketan Patel at 50 Kinderkamack Road Oradell, NJ stated he had a matter to discuss with the board. He explained that he was advised to come to the zoning board because of the challenges new business owners face within the borough. He stated that the business was opened two months ago and there are concerns on the borough s codes for signage and marketing limitations. He asked how a business owner can do things without going through red tape of formally appearing before the board. Mr. Depken stated that he can go to the building department for questions; he can go to the mayor and council for concerns on codes and he can go to the zoning board for variances to the codes. Mr. Patel asked what would happen if he put up a free parking sign on the wall of his building inside the parking lot and if he came before the board could he represent himself. Mr. Depken stated that he would need to propose any new sign in a zoning review to the zoning official and if denied he then could go to the board for a variance. Mr. Depken explained that as a commercial business owner he could not represent himself and that he would need an attorney. Mr. Buff suggested going into the building department to talk to Mr. Depken further about these matters. Mr. Michelman closed the meeting to the public. Mr. Sears made a motion to adjourn, and Mr. Michelman seconded the motion. The meeting was adjourned at 10:30 p.m. Secretary 13