HEARING NOTICE - ZONING BOARD OF ADJUSTMENT - BOROUGH OF FAIR LAWN

HEARING NOTICE - ZONING BOARD OF ADJUSTMENT - BOROUGH OF FAIR LAWN HEARING NOTICE Z-4 ZONING BOARD OF ADJUSTMENT - BOROUGH OF FAIR LAWN PLEASE TAKE NOTE: That the Borough of Fair Lawn Zoning Board of Adjustment ("Board") will hold a public hearing on June 29, 2026 at 7:00 PM in Fair Lawn Municipal Building, 8-01 Fair Lawn Avenue, Fair Lawn, New Jersey 07410, in accordance with the procedures outlined in Whispering Woods v. Middletown Township, 220 N.J. Super. 161 (Law Div. 1987), to consider a modified application submitted by the applicant, 13-13 River Road LLC and 13-09 River Road LLC ("Applicant") in connection with the properties located at 13-13 River Road and 13-09 River Road, and identified as Block 5610, Lots 29, 30, 27 and 28 on the Tax Maps of the Borough of Fair Lawn ("Property"). The Property is located in the B-4 Zone and the River Road Affordable Housing Overlay Zone District. By way of background, the Applicant previously filed a development application which sought preliminary and final site plan approvals and variances from the requirements of the Zoning Ordinance sections 125-1 et seq. and Borough Code sec. 49-12C, for the Property, so as to permit the Applicant to erect a new mixed-use, three (3) story building on the property at 13-13 River Road, comprising commercial use on the first floor and multi-family residential units on the second and third floors (a total of 6 units, 3 on each floor, and where one units would be restricted as an Affordable Housing Unit), while maintaining the existing mixed-use building (commercial and multi-family residential units) on 13-09 River Road, and using access at 13-09 River Road for access and driveway on to the property at 13-13 River Road. Specifically, the Applicant sought variances from the Fair Lawn Zoning Ordinance requirements in sections 125-1 et seq. and section 49-12C of the Fair Lawn Municipal Code, including a variance for density for residential development where the proposed density of 6 residential units exceeds the permitted density of 12 dwelling units per acre (sec. 49-12C(3); off street parking spaces where 19 are required for Lots 29 and 30 and 14 are provided (section 125-48A and Off Street Parking Schedule I), and overall, 31 spaces are required and 26 are provided); parking under the overhang of the building (in the rear of the building) on lots 29 and 30, where no parking is permitted and off-street parking is proposed (sec. 125-25C(6)(d)); loading space for lots 29 and 30, where 1 is required and none is provided (sec. 125-48B); for second and third story footprints which exceed ground level footprint for lots 29 and 30, where 2 feet is permitted and 34.83 feet is provided (sec. 125-25C(4)); where no buffer is proposed in the rear yard and where a buffer of no less than 5 feet at the rear of the lot is required and where no fence is proposed and a fence at the rear lot line is required (sec. 125-25C(1)), and any other existing non-conforming conditions, and any other variances, exceptions, waivers, permits, or approvals that may have been required by the Zoning Board of Adjustment for approval of the Applicant's development application. After consideration at a public hearing, the Board determined not to approve the Applicant's development application. Following the Board's determination, the Applicant commenced an action by way of Complaint in the Superior Court of New Jersey, Law Division, Bergen County, Docket No. BER-L-4482-24, against the Board and the Borough of Fair Lawn. In an effort to resolve the action, and upon the application of the Applicant, the Superior Court entered a Consent Order for Remand dated March 30, 2026, remanding the matter back to the Board to conduct a hearing in accordance with Whispering Woods v. Middletown Township, 220 N.J. Super. 161 (Law Div. 1987), to consider a modified plan, and to permit the Applicant to rely on the hearing record created in the proceedings on the Applicant's development application that was not approved by the Board. The Applicant has made certain modifications to the previously considered application, which revised application and plan will be considered at the upcoming public hearing on June 29, 2026. Specifically, as part of the mixed-use development, the number of units has been reduced from six (6) units (5 market rate and one affordable housing unit), to five (5) units, all of which will be market rate, and a developer's contribution of $100,000.00 to the Borough of Fair Lawn's affordable housing trust fund to help fund a unit of affordable housing, in lieu of building an affordable unit on site, is proposed. In addition, the rear of the building on the third floor has been brought in from the rear yard and reduced in size, compared to the earlier plan, and given the reduced number of units, the magnitude of the off-street parking variance is reduced. In connection with the modified proposal, the Applicant proposes to demolish the existing structure at 13-13 River Road and to erect a new mixed-use, three (3) story building at 13-13 River Road, comprising commercial use on the first floor and multi-family residential units on the second and third floors (a total of 5 units), while maintaining the adjacent, existing mixed-use building (commercial and multi-family residential units) on 13-09 River Road, and using access at 13-09 River Road for access and driveway on to the property at 13-13 River Road, as shown on the plans that accompany this modified development application. Similar to 13-09 River Road, parking will be provided in the rear of the new building, with access provided through the driveway access on to 13-09 River Road and around the back of that existing building. The building at 13-09 River Road is not to be changed. As part of the development application for the property, the Applicant seeks variances from the Fair Lawn Zoning Ordinance requirements in sections 125-1 et seq. and section 49-12C of the Fair Lawn Municipal Code, including a variance for density for residential development where the proposed density of 5 residential units exceeds the permitted density of 12 dwelling units per acre (sec. 49-12C(3); off street parking spaces where 17 are required for Lots 29 and 30 and 14 are provided (section 125-48A and Off Street Parking Schedule I), and overall, 29 spaces are required and 26 are provided); parking under the overhang of the building (in the rear of the building) on lots 29 and 30, where no parking is permitted and off-street parking is proposed (sec. 125-25C(6)(d)); loading space for lots 29 and 30, where 1 is required and none is provided (sec. 125-48B); for second and third story footprints which exceed ground level footprint for lots 29 and 30, where 2 feet is permitted and 34.83 feet is provided (sec. 125-25C(4)). Similar to the building at 13-09 River Road, the project proposes parking under the overhang (in the rear) of the building and the building's second and third story footprints will exceed the first floor's footprint by more than 2 feet. As noted above, the third story has been reduced in size, with the rear of that story being brought in from the rear lot line, compared to the original development proposal that was not approved. Treatment of the rear of the 13-13 River Road property, including buffer and a fence, is proposed to replicate the treatment in the rear of the 13-09 River Road property. The Applicant also seeks relief for any other existing non-conforming conditions, and for any other variances, exceptions, waivers, permits, or approvals that may be required by the Zoning Board of Adjustment for approval of this application. As noted, the Property is located at 13-13 River Road and 13-09 River Road, Block 5610, Lots 29 and 30 and lots 27 and 28 on the Borough Tax Map, in Zone B-4 and the River Road Affordable Housing Overlay Zone (Borough Code sec. 49-12). This notice is sent to you as an owner of property in the immediate vicinity. A public hearing before the Board has been ordered for June 29, 2026, at 7:00 PM in the Fair Lawn Municipal Building, 8-01 Fair Lawn Avenue, Fair Lawn, New Jersey 07410. When the case is called you may, either in person or by agent, or attorney, appear and ask questions and present any comments or evidence which you may have regarding the application. A copy of the development application and documents and plans relating to it are on file in Room 112 of the Fair Lawn Municipal Building and are available for inspection on weekdays between 8:30 AM and 4:00 PM. This notice is being published by the Applicant by order of the Zoning Board of Adjustment of the Borough of Fair Lawn. By: 13-13 River Road LLC and 13-09 River Road LLC, Applicant c/o Jeffrey Kantowitz, Esq. Abe Rappaport, Attorney at Law Attorneys for Applicant 13-13 River Road LLC and 13-09 River Road LLC 195 Route 46 West, Suite 4 Totowa, NJ 07512 (973) 785-1799 Dated: June 11, 2026 June 15 2026 LNYS0537553 $139.92