Pompton Lakes Zoning Board finds plumbing contractor’s proposed office use permitted at 431 Ringwood Ave

Pompton Lakes Zoning Board of Adjustment on April 22 unanimously voted to find that the proposed operation by MCI Mechanical Inc. at 431 Ringwood Avenue would be a permitted "professional services" use in the borough's DBD-2 zoning district.

The determination lets the contractor occupy the first-floor unit formerly used by a radiator/repair business while the board said there will be no outdoor storage or overnight parking on the lot as described in testimony. The board's finding was framed as an interpretation of the municipal zoning code rather than the approval of a site plan.

Applicant testimony: The applicant, sworn as Raymond Monnette, testified he is a commercial plumber who installs fire-suppression systems and HVAC and has held licenses since the mid-1990s. Monnette told the board his intent is to run an office and indoor material storage at 431 Ringwood Avenue, load company vans from inside the building when necessary, and not maintain any outdoor lumber or bulk-material yard. "No. I don't have it where I am, so I have to make sure I keep everything inside anyways," Monnette said when the board asked about outside storage. He testified he has about six employees and roughly four company vans, and that employees normally take vehicles home overnight. Hours given in testimony were roughly 6:30 a.m. to about 5:30–6 p.m.

Professional opinion and legal points: Kristen Russell of Colliers Engineering reviewed the borough's DBD-2 uses for the board and concluded that the proposed use more closely fits the code's references to general business/professional offices and "any licensed professional" than it does to the zone's listed prohibitions (for example, lumber or building-material yards and storage establishments). Russell summarized her planning opinion: "Using our general understanding of these types of uses ... this is a small scale, he's servicing only his employees who are then going out into the field. Contractors are not coming here and loading up for large construction jobs, and it's indoors."

The applicant's attorney asked the board to bifurcate the filing and rule only on the ordinance interpretation at this hearing and cited case law submitted to the board that, he said, supports interpreting a municipal ordinance by its plain language. The attorney referenced State v. Gandhi and State v. Smith in the materials filed with the board.

Board questions and public comment: Board members asked how loading would work, whether employees would park overnight, and whether any retail component was planned; Monnette said loading would be done primarily indoors, that he did not intend to operate retail out of the space, and that he planned to close his current Munaki location and move operations to Pompton Lakes. A member of the public, Michael Serra of West Lynx, asked that the new tenant keep the building exterior "respectful and clean" as nearby development proceeds; the applicant and owner representatives said they had already discussed exterior repairs and permits with the borough's building official.

Motion and vote: A board member moved "to find that the use as proposed and described would fall within the definition of professional services and would be a committed use." On roll call the motion passed unanimously, with board members recorded as voting yes: Mister Hunt; Mister Abate; Mister Cross; Mister Rowan; Mister Baig; Mister Kabula; and Mister DeVonti. No amendments to the motion were recorded.

Next steps and limits: Both counsel and board planning staff noted that the ruling was an interpretation of allowable use, not a site-plan approval. Russell told the board that if the applicant proposes additional parking or other changes with different parking requirements, the property would need site-plan review; conversely, if no new parking is required, the board's interpretation could allow occupancy without a site plan. The applicant indicated he will pursue required permits with the borough's building official (Mr. Polley as referenced during the hearing).