Nutley Rent Leveling Board Denies Permit for Contractor Storage on Park Avenue
- Meeting Overview:
The Nutley Rent Leveling Board, in its latest meeting, addressed several issues, most notably the denial of a permit for a contractor storage yard on Park Avenue. The board received a letter confirming the refusal of a certificate of continued nonconforming use, citing zoning regulations prohibiting such use in an R-3 district. This decision came despite the applicants’ claims of historical usage of the site as a construction yard dating back over a century.
The meeting commenced with a discussion about the request to operate a contractor storage yard on Park Avenue. A representative named Thomas presented the case on behalf of the applicants, emphasizing the property’s longstanding history as a construction site. Thomas provided documentation from the tax assessor’s office, including records from 1952 and historical maps, to support the claim of continuous use. Despite this evidence, the board highlighted that no zoning permits were issued for the proposed use, and the property could not legally function as a contractor storage yard under the current zoning laws.
Board members raised various concerns, including the nature of the vehicles stored at the location and the potential for on-site maintenance or repairs. Thomas assured the board that the applicants intended to use the property solely for storage, with no plans to conduct repairs or maintenance on-site. He also addressed environmental concerns, noting a phase one environmental study that revealed no contamination, although its comprehensiveness was not detailed.
Further inquiries were made about possible fire hazards due to wood storage on the property. A board member expressed concern about the size of wood piles and their proximity to residential areas, questioning fire mitigation measures. Thomas confirmed the presence of a storage shed but was unsure of its compliance with fire department standards. The applicants planned to replace existing tenants with their construction vehicles as leases matured.
In another key discussion, the board deliberated over a request for a certificate of occupancy for a construction site. The applicant, Frank Grosi Jr., along with his partner, sought approval to use the site for light-duty construction equipment. Grosi assured the board that their operations would involve light residential work and not industrial-sized machinery. The board expressed concerns about the current conditions on the property, including clutter and wood piles, with one member specifically mentioning potential rodent issues. Grosi pledged to clean up the site and reduce truck activity, addressing these concerns.
During public comments, Patricia Constant, an adjoining property resident, voiced concerns about truck emissions and requested paving to alleviate issues caused by rotting wood. The board acknowledged these concerns, and Grosi reiterated plans to diminish truck presence, particularly during early hours. There was a consensus among board members that the site’s condition would improve conditional upon the applicants adhering to their stated intentions.
A motion was subsequently made to approve the continued nonconforming use at the property, given the historical evidence and lack of documentation disproving the claim. The board stipulated conditions for noise ordinance adherence and removal of split wood, requiring inspections by health and fire departments before issuing any certificate.
The board also tackled an application concerning a property with dimensional discrepancies, resulting in a motion to approve modifications that wouldn’t alter the foundation or footprint. Discussion shifted to a proposed gazebo installation on Walnut Street, which raised concerns about lot coverage and potential impacts on neighbors. The owner argued for the practicality of the structure, citing minimal increase in lot coverage and its placement on existing pavement to avoid new impervious surfaces. Members debated its classification as a permanent structure and the implications for zoning compliance, with further deliberation deferred to future meetings.
Finally, the board addressed a contentious issue regarding a shed constructed in 2004 that allegedly did not meet setback requirements. Neighbors expressed concerns about its impact on property lines and stormwater management. The board agreed to continue the discussion in the next meeting, seeking clarity on the shed’s legality and compliance with local regulations.
Rent Leveling Board Officials:
James Kuchta, Marilyn Del Plato, Bradford Graves, Lori Monaco, Dr. Gerard Parisi, Stephen Tedesco, Jason M. Kirk, Joseph Hannon (Attorney)
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Meeting Type:
Rent Leveling Board
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Committee:
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Meeting Date:
05/18/2026
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Recording Published:
05/19/2026
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Duration:
97 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Essex County
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Towns:
Nutley
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