Residents seek council’s aid over trespassing, flooding

PARK RIDGE—Borough Council members heard from several residents April 11 on pressing problems affecting their daily lives, including youngsters trespassing on private property as a shortcut to a park and another homeowner facing flooding on his property allegedly caused by a new home being constructed on adjoining property.

Both received assistance from local officials, though it was not clear if either problem could be immediately remedied.

Erin Carmiel, and her father, Mark Forman, who reside on Linden Avenue, told council that their property is repeatedly “used as a personal playground” for numerous youngsters who trespass as they cut through their yard to nearby Memorial Field.

Carmiel said the last 10 days she was working from home, and noted “mayhem goes on on our property.” She said kids use the steep slope in their yard that goes down onto Memorial Field as a shortcut to the park.

She said the kids ride their bikes “up and down it (the slope) without helmets” and noted it appeared some kids “go out of their way” to use the slope on their property to access the park.

Carmiel said she was told by the police that they cannot intervene or stop the juveniles “and cannot even ask their names” due to a law and that it’s a private property issue.

She said the park shortcut on her property is slippery and dangerous and that kids might get hurt going up and down it. She noted many of the kids were “rude (and) disrespectful.” She also said she put up several no trespassing signs that she paid for, which were later knocked down or removed by kids traversing the area.

Schettino told her that he would reach out to the police department to find out why they could not take the juveniles’ names and why they could not “discourage” youngsters from using the private property cut-through. He said the homeowners could file a complaint against the kids in municipal court.

Forman asked if the borough would consider putting up a fence to restrict access through their property. Carmiel also noted that they have security cameras that have video recordings of kids trespassing on their private property. Schettino said the security footage should be enough evidence for police to take action against kids trespassing on private property.

Council President William Fenwick said he would ask the police chief about anti-trespass laws during the next work session. Carmiel also noted lights at Memorial Field often stay on until late at night, sometimes as late as 11 p.m. on a recent Sunday. She said recently three kids were at the park late, blasting music, screaming and cheering. “It’s just not right.”

Resident Alleges Construction-Caused Flooding

David Strauss, 53 Glendale Road, alleged on April 11 that the contractor doing work next door caused flooding in the corner of his property. He said he told council about this two weeks ago and nothing was done. He said the area was flooded with 6 to 8 inches of water near his shed and garden area.

He said the contractor appeared to be building up the property next door, allegedly four feet, which may be part of the problem. He said his property was “flooded for a year solid.”

Borough engineer John Dunlea said the code official had reached out to the contractor to address these issues. He noted Strauss’s shed is in a low-lying spot where water would pool.

Dunlea said once he receives the contractor’s as-built survey — required following completed construction — he would review that against the approved preliminary site plan.

He told Strauss he would go over the as-built survey “with a fine-tooth comb.” Schettino asked the engineer if they could give the contractor a deadline to produce the as-built plan.

Fenwick, standing in for mayor Keith Misciagna for the meeting, said the borough would give the contractor a deadline to produce the as-built plan and review it against the approved plans.

Dunlea noted a possible “change in topography” was a major concern. He said the contractor early in construction on site had “improper” soil erosion and sediment control measures in place, and “It was forced upon him to do that.”

Strauss alleged the contractor had “pumps running all the time” and suggested the contractor may have hit an underground spring or groundwater. He said the foundation had “an extraordinary amount of water” in it after it was built.

Dunlea said any “off-site stormwater-related issues must be addressed by the contractor at his expense.” Schettino pointed out the contractor had to produce “a drainage plan” for the property and if he deviated from that, his drainage plan would not be effective.

Schettino said any deviations from the approved plan and the contractor “would have to remedy it at his sole cost and expense.”

‘Paraphernalia’ definitions questioned

Attorney Bilal Lajoudi of Jaloudi & Associates of Clifton, representing Park Ridge Smokes, which opened in mid-March, said the shop recently put a sign in its window reading, None of These Products Is Marijuana-Related on the advice of the leaser.

He argued certain definitions of paraphernalia in the borough code covering drug paraphernalia were too broad and covered products also used to smoke tobacco.

Schettino told him the definitions used in the ordinance were from state law. Schettino also noted a recent state Supreme Court case had defined drug paraphernalia and that the borough would have to follow that. He said any arguments against that decision were better brought to that court and not the Borough Council.

He said he was not aware of any violations being issued to the new shop..