Public hearing for site plan and subdivision approval in Kearny's Commercial District.

TOWN OF KEARNY PLANNING BOARD NOTICE OF HEARING   Please take notice that on April 1, 2026, the Town of Kearny Planning Board (the "Board"), adopted a resolution memorializing its February 4, 2026, grant of preliminary and final major site plan approval, preliminary and final major subdivision approval, for Deviations from the Amended Schuyler Avenue Redevelopment Plan, for Bulk Variances pursuant to N.J.S.A. 40:55D-70c, and for exceptions from the subdivision and site plan regulations in the Kearny Town Code of Ordinances pursuant to N.J.S.A. 40:55D-51a. and -51b., (the "Approvals") to the Applicant, 129 Sanford Avenue, LLC (the "Applicant"), for property located at 95, 97, 105 & 129 Sanford Avenue and identified as Lots 14.01, 14.02, 14.03, and 14.04 in Block 279 on the tax maps of the Town of Kearny ("Property"). The Property is located in the Commercial District ("CD") of the Amended Schuyler Avenue Redevelopment Plan (the "Redevelopment Plan").  The Board granted the Approvals to allow for the adjustment of the existing lot lines, the demolition of two existing buildings, the repaving of the existing parking lot(s), and the performance of other associated site improvements at an existing industrial campus used as a food products warehouse and flex spacespecifically, warehousing and distribution of used cars.  The Board granted the following design waivers from the Redevelopment Plan and from Section 36-12 "Design Standards for Site Plan Approval" of the Kearny Town Code of Ordinances (the "Code"):  1. From Commercial District Standards #3 of the Redevelopment Plan, which requires that all parking and loading areas abutting public roads, mixed-use districts, recreation districts be screened from public view behind a minimum fifty (50) foot landscaped buffer through the use of low walls, decorative fencing and/or landscaping, where the Applicant does not propose sufficient screening or buffering;  2. From Off-Street Parking Standards #6 of the Redevelopment Plan, which requires a minimum of 2.5 off-street parking spaces per 1,000 square feet of gross floor area of flex space, where the proposed gross floor areas for Lots 14.01, 14.03, 14.04 are 54,529, 10,174, and 89,958 square feet, respectively and the minimum off-street parking spaces required are 136, 25, 225 spaces, respectively, and the Applicant proposes 29 spaces on Lot 14.01, 9 spaces on Lot 14.03, and 6 spaces on Lot 14.04;  3. From Off-Street Parking Standards #11 of the Redevelopment Plan, which requires that all parking and loading areas be located at least twenty-five (25) feet from all other lot lines and the Applicant proposes parking 8.3, 16, and 4.9 feet away from the lot lines of Proposed Lots 14.02, 14.03, 14.04, respectively;  4. From Section 36-12.2(f)(2)(c) of the Code (Off-Street Parking Requirements) which requires the range of driveway widths to be thirty to fifty (30-50) feet, the range of depressed driveway curb widths to be fifty to seventy (50-70) feet, and the minimum curb return radius shall be 35 feet and the maximum curb return radius to be 45 feet as it relates to commercial and industrial two-way operation, where the Applicant proposes to maintain a depressed driveway curb width of forty-four (44) feet and no curb return radii; and  5. From Section 36-12.3(d) of the Code (Off-Street Loading Requirements) which prohibits off-street loading spaces from being located within any fire prevention zone, within 25 feet of any fire hydrant, or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public and from blocking or in any way interfering with the free flow of pedestrians from any means of ingress or egress, or from interfering with the free flow of pedestrians or vehicles and that all such loading spaces be appropriately indicated by sign or other visual communication as to the location, where the Applicant proposes a staircase within ten (10) feet of a proposed off-street loading space at the north corner of the proposed building on Proposed Lot 14.01.  The Board further granted the following variances from the Code pursuant to N.J.S.A. 40:55D-70c and deviations from the Amended Schuyler Avenue Redevelopment Plan:  1. From Commercial District Bulk Standards  Maximum Floor Area Ratio of the Redevelopment Plan, which permits maximum floor area ratio up to 0.5 and the Applicant proposes floor area ratios of 0.55 and 0.54 for Proposed Lots 14.03 and 14.04 respectively;  2. From Commercial District Bulk Standards  Maximum Building Height of the Redevelopment Plan, which permits a maximum building height of forty (40) feet and the Applicant proposes to maintain the existing building height of 78.2 feet on Proposed Lot 14.04;  3. From Commercial District Bulk Standards  Minimum Lot Size of the Redevelopment Plan, which requires a minimum lot size of fifteen (15) acre and the Applicant proposes lot areas of 3.90, 0.33, 0.42, and 3.80 acres for the Proposed Lots 14.01, 14.02, 14.03, and 14.04, respectively;  4. From Commercial District Bulk Standards  Maximum Lot Coverage of the Redevelopment Plan, which permits maximum lot coverage of eighty (80) percent and the Applicant proposes lot coverages of 90.68% 84.01%, 99.82%, and 99.34% for the Proposed Lots 14.01, 14.02, 14.03, and 14.04, respectively;   5. From Commercial District Bulk Standards  Side & Rear Yards of the Redevelopment Plan, which requires minimum side and rear yards of fifty (50) feet and the Applicant proposes side yards of 1.7, 1.9, and 10 feet for the Proposed Lots 14.01, 14.03, and 14.04, respectively and rear yards of 0.1, 10, and 0 feet for the Proposed Lots 14.01, 14.03, and 14.04, respectively; and  6. From Section 38-4.2(c)of the Code (Application of Regulations) which prohibits buildings or structures from being erected, existing buildings or structures from being altered, enlarged or rebuilt, and open space surrounding any buildings from being encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations designated for the district in which such building or open space is located and the Applicant proposes improvements that do not fully conform to regulations.  A copy of the resolution, together with the application, documents and plans relating to the Approvals and the Project, are on file with the Office of the Administrative Official of the Board, Town of Kearny, Town Hall Annex, 410 Kearny Avenue, Kearny, NJ 07032, and may be inspected by interested persons during regular office hours. SILLS, CUMMIS & GROSS, P.C. Attorneys for the Applicant By: Corey Klein, Esq.  4/7/26 $264.33