Agency approves redeveloper designation so chairlift applicant can seek DEP sign-off and planning-board review

Rosa Presdak told the Pompton Lakes Redevelopment Agency her parents were denied permission to enclose a small portico outside their home and store to allow installation of a chairlift so they could remain in the house.

"We're here because, we were actually denied, a, a structure to be built actually outside of my parents' home," Presdak said, explaining the portico is small and that "we're gonna need to close off half of the portico, to allow for the landing of a chairlift" to enable her aging parents to manage stairs.

Agency staff explained the denial was tied to the property's location in a regulated flood hazard area. An advisor summarized the DEP path: "Provided you meet all of those conditions within the permit by rule, You don't have to technically file an application. There's something called a permit by rule." He advised that if the project meets the Permit-by-Rule (PBR) 12 conditions, a licensed engineer could certify compliance so the state filing would not be necessary; otherwise the applicant must file for the appropriate DEP permit.

To allow the applicant to move forward to the planning board while protecting the borough's regulatory obligations, a commissioner proposed a resolution to designate the applicant as redeveloper for the relevant lots "to enclose, and do the necessary construction in order to construct the chairlift subject to getting the DEP approval." The motion was amended during discussion to cover Lots 1 and 2 if needed and to require payment of the escrow. A roll-call vote followed; each commissioner recorded "yes." The presiding official stated the written resolution would be prepared and that when the applicant appears before the planning board they should show the engineer's report and the DEP checklist demonstrating they meet the requirements.

The agency conditioned its designation on the applicant obtaining any required DEP approval (including compliance with PBR 12 if applicable) and on payment of escrow; staff advised applicants to engage a licensed engineer or other qualified professional to certify compliance before planning-board submission.

Next steps: staff will prepare a written resolution for the record, applicants must provide engineer certification and the DEP checklist, pay the escrow, then proceed to the planning board.