Pompton Lakes planning board approves amended site plan and variances for commercial property

The Pompton Lakes Planning Board on April 16 approved preliminary and final amended site-plan approval and variance relief for a commercial property that will add parking, a stormwater detention system and an up-to-18-foot retaining wall.

Applicant counsel Bruce Whitaker and the project team presented revised plans and engineering responses, telling the board they had added four electric-vehicle charging stations, updated photometrics for lighting and submitted wall stability and geotechnical reports. Planner Chelsea Gleis testified that the application brings the site into compliance with parking and tree requirements, noting, "It's providing 69 spaces where 66 is required." She summarized the four variances sought: maximum lot coverage (about 60.44% proposed where 50% is permitted), disturbance of steep slopes (greater than 15%), a surface parking setback of 0 feet where 4 feet is required, and construction of a retaining wall exceeding the 6-foot maximum and 100-foot length limit.

Gleis and the applicant advanced a C2 public-benefit case under the Municipal Land Use Law, saying the plan improves parking layout and adds stormwater management where none existed before. The applicant's engineers said the stormwater system is designed to meet DEP/National Resource Conservation Service guidance and retain a 24-hour storm with a backup overflow path to the street; they also committed to performing infiltration test pits before construction and to redesign if soils do not accept the proposed system.

Neighbors raised concerns during public comment about lighting, tree loss and construction-related vibration. Residents asked how tree damage would be handled; the applicant agreed to replace trees if the borough engineer or an arborist determines they died as a result of construction. The board clarified enforcement mechanisms: the applicant must satisfy the borough engineer and building department and receive final sign-off before a certificate of occupancy will be issued.

As part of the approval the board required several conditions be memorialized in the resolution. Those conditions recorded on the record include recording an operations and maintenance manual with the deed, annual maintenance reports due by Dec. 31, submission of vibration-monitoring results during installation, and photometrics that show no off-site light spillage. The board also discussed and recorded an accommodation to adjacent property owners: the applicant agreed to attempt to obtain written permission from the neighboring association to access their property to build a 4-foot chain-link fence along the rear property line if required; the board attorney stated on the record that, "The resolution would include a condition ... they will construct the fence, a 4 foot high, chain link fence that would be delineated by our engineer," subject to the applicant obtaining the neighbor's written approval. The board placed a 45-day timeline in the record for the applicant to supply a written description of the access needed to install that fence.

Board members also required that test pits for infiltration be performed and that any above-ground design changes or relocations that affect the site plan must return to the board. The retaining wall height was confirmed in testimony: "It will be 18 as our site plan indicates." The lighting fixtures were described as building- or wall-mounted at 12 feet with photometrics showing essentially zero spillage at the rear property line.

After deliberation the board voted to approve the amended site plan and variance relief. The roll call recorded: Simone (Yes); Fracaro (Yes); Trost (Yes); Miss Michael (Yes); Otto (Yes); Keating (Yes); Bowlby (No); Mayor Sarah (Yes); Councilman Bennett (Yes). The motion carried 8-1. The board chair said the resolution will reflect the on-the-record conditions and timelines and that the borough engineer will confirm completion of stipulated items before final sign-off.

Next steps: the applicant will provide the 45-day access-description letter to the neighboring association; the borough engineer will oversee the required test pits, review the photometrics and confirm the operations manual and annual reporting language to be recorded with the deed. The board's formal resolution will be prepared and adopted following review by the board attorney.