BOARD OF ADJUSTMENT                                      MINUTES

October 10, 2001                                                                                           

 

REGULAR MEETING

 

OPENING STATEMENT:

This is a Regular Meeting of the Wanaque Board of Adjustment and adequate notice has been duly advertised by the mailing of a notice to the Suburban Trends and the Herald & News on the 8th day of February, 2001 and a notice thereof has been posted on the bulletin board in the Municipal Building and a copy thereof is on file with the Borough Clerk.

 

ROLL CALL:  Chairman Jack Dunning, Members Bruce Grygus, Peter Hoffman, Ihor Kardasz, Don Ludwig (came in at 8:01 P.M.), Ted Roberto, Frank Covelli, Attorney Ralph Faasse and Engineer William Gregor. 

 

MEMBERS ABSENT: Building Inspector Jeff Brusco and Member Robert Ricca.

 

Chairman Dunning announced the agenda will be taken out of order this evening.

 

Engineer’s Report:

Eng. Gregor told the Board that he contacted Attorney Arnold Cohen in regards to the Lakeland Health Care Faculty.  Atty. Cohen had told Eng. Gregor he would supply escrow in advance for a site inspection, and as of today, it still hasn’t been received according to the Borough’s Finance Officer.

 

Eng. Gregor received a call from Mr. Zikra (C-Town), requesting an inspection for the flood test for the drainage and it has been scheduled for tomorrow morning October 11th.

Chairman Dunning told the Board Secretary the Board needs additional money for Professional Services and to ask Mr. Zikra for $1,000.00.

 

Eng. Gregor told the Board about a burnt out property at 17 Skyland Ave., Application #19-01 Kreloff and that he requested additional information. The property is substandard and has a well and septic on it and the applicant wants to rebuild a house on the existing foundation. The information Eng. Gregor requested is the location of the water which is a well and the septic system.

 

APPLICATION #19-01 Ruth Kreloff, 17 Skyland Ave., Block 423, Lot 9, Bulk Variance:

Chairman Dunning announced that Eng. Gregor just received drawings this evening on this application and that all drawings have to be on file 10 days prior to the meeting night.

Ms. Kreloff stepped forward. Atty. Faasse recommended the application be carried to the November 14th Meeting because the drawings weren’t on file in time.

 

MOTION TO CARRY TO THE NOVEMBER 14TH MEETING: made by Member Ludwig, seconded by Member Kardasz, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

 

Eng. Gregor asked Ms. Kreloff if she wanted him to contact her or her engineer if there were any questions on the drawings, and Ms. Kreloff said Eng. Gregor could contact her.

Chairman Dunning told Ms. Kreloff to submit an additional 16 copies of the drawings.

Eng. Gregor also told Ms. Kreloff, that on the plans it says approximate location of existing well. Ms. Kreloff said she doesn’t think they located the existing well but saw the pipe coming out of the crawl space underneath the structure. Eng. Gregor said the “DEP” requires that any septic system be located 100 ft. from any well or water source, and can be reduced to 50 ft. with special circumstances and approval from the local Health Department. Ms. Kreloff said she will try to have this information for the next meeting.

 

APPLICATION #17-01 Anthony & Christina Fagan, 33 Rock ridge Rd., Block 415 Lot 25, Bulk Variance:

Mr. & Mrs. Fagan stepped forward and were sworn in by Atty. Faasse.

Mr. Fagan explained he wants to enlarge his house and add on an attached garage.  Mr. Fagan said the house is just not big enough anymore for his family.

Chairman Dunning commented that on the architect’s plan there is a note that says relocating existing pool and wood deck. Mr. Fagan said that was revised and the pool and deck will not be put back.

 

Eng. Gregor submitted a report dated September 27, 2001 and was passed out to the members earlier in the evening.

 

Member Grygus asked about the French Doors going out the back of the house and wanted to know how they were going to get down from the doors to the grade level. Mr. Fagan said there will just be steps. Eng. Gregor said the second floor of the addition will not overhang the first floor. Eng. Gregor also said, the architectural shows a soffit in the front of the house and the size is 1’ 4” and that fits within the 2’ architectural features that are permitted within the ordinance and, therefore, is not part of the variance.

Atty. Faasse asked Mr. Fagan why he needed an attached garage and not a detached garage.  Mr. Fagan said there’s not a lot of room in the back yard and it is sloped in the very back.  Atty. Faasse’s concern was the fact if emergency vehicles ever had to get in the back of the house, they wouldn’t be able to, and would only be able to get back there with a hose and a ladder only.

 

Member Grygus asked Mr. Fagan if his proposed addition and garage will fit in with the rest of the neighborhood.  Mr. Fagan said yes, and has seen garages that are on the property line that are attached to existing houses which leaves absolutely no room to get in the back yard.

 

Atty. Faasse asked Mr. Fagan if he had a permit for the shed in his yard and Mr. Fagan said no. Chairman Dunning told Mr. Fagan the shed is in the wrong place, and Mr. Fagan added that the shed was on a poured foundation. Eng. Gregor said the applicant told him the  shed is 12’ x 16’ and the playhouse in the back yard is roughly 6’ x 8’.

 

Member Covelli suggested to Mr. Fagan to amend his application to include a variance for the shed. Chairman Dunning explained the reason being is, if the Building Inspector

went over to his house and saw it he would have to tell Mr. Fagan to move it or take it down or file a whole new application for it.  Mr. Fagan agreed to the Board’s suggestion.

 

OPEN TO PUBLIC DISCUSSION:

Timothy Manning, 31 Rockridge Rd., came forward and was sworn in by Atty. Faasse.

Mr. Manning’s concern is the distance between the proposed garage and his house. Mr. Manning also said, he has no problem with the addition and that the garage added on makes it even look nicer, but it is close and he can’t find another house in town that is that close. Mr. Manning said if its fine with the town its ok with him and the Fagan’s are great neighbors and they are trying to do a nice thing to their house.

 

CLOSE PUBLIC DISCUSSION:

 

MOTION TO APPROVE WITH FIVE  BULK VARIANCES; VARIANCE FOR FRONT YARD SETBACK OF 26 FT. FOR THE PROPOSED GARAGE INSTEAD OF MINIMUM 30 FT. AS REQUIRED BY ORDINANCE, VARIANCE FOR FRONT YARD SETBACK OF 22 FT. FOR THE PROPOSED FRONT PORCH INSTEAD OF THE MINIMUM OF 30 FT. REQUIRED BY ORDINANCE, VARIANCE FOR FRONT YARD SETBACK OF 25.88 FT. RATHER THAN 30 FT. THAT IS REQUIRED FOR THE SECOND FLOOR,  VARIANCE FOR A SIDE YARD SETBACK TO PROVIDE 3.2 FT. INSTEAD OF THE MINIUMUM SETBACK OF 15 FT. REQUIRED BY ORDINANCE  ON RIGHT SIDE NORTH SIDE , A TOTAL SIDE YARD VARIANCE SETBACK OF 11.3 FT. INSTEAD OF THE MINIMUM 35 FT., VARIANCES FOR THE EXISTING SHED WHICH CONSISTS OF 192 SQ. FT. WHERE ONLY 100 SQ. FT. IS REQUIRED IN ITS PRESENT LOCATION WHICH IS ESTIMATED TO BE NO CLOSER THAN 1 FT. FROM EITHER PROPERTY LINE AND IF ITS MORE THAN 1 FT. IT HAS TO STAY WHERE IT IS, ITS IN AN EXISTING PLACE AND ITS ONLY FOR THE ECONOMIC LIFE OF THAT PARTICULAR SHED, ANY NEW SHED WOULD HAVE TO BE ERECTED WITH PERMITS AND THE BOARD WOULD HAVE TO ASK THE BUILDING INSPECTOR TO REVIEW THE SHED TO MAKE SURE THERE  IS NO VIOLATION IN ANY OF THE BUILDING CODES: made by Member Roberto, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

 

APPLICATION #18-01 William & Diane Boesenberg, 1 Green Rd., Block 275  Lot 7.04, Bulk Variance:

William Boesenberg and Attorney Jeffrey B. Randolph of Callagy and Randolph, L.L.C., 85 Chestnut Ridge Road, Montvale, N.J. stepped forward. Atty. Faasse swore in Mr. Boesenberg.

 

Mr. Boesenberg told the Board he would like to construct a shed on what is considered his front yard. Mr. Boesenberg explained to the Board his backyard is separated from his property by a stream and the property is at a 60 degree angle going up to the property behind him. He said it’s physically impossible to build a shed where its considered to be

 his backyard.  Mr. Boesenberg said the shed will be used strictly for storage.  Chairman Dunning said the Board needs to give the applicant a front yard setback variance, but to 

what line? Chairman Dunning went on to say, because the front property line, that is marked on the survey as 15.78’ & 93.82’ is marked on the survey as a sideline. Mr. Boesenberg told the Board he doesn’t claim to understand it either, and no one has been able to explain it to him yet. Mr. Boesenberg said there are some interesting lines on the survey. Mr. Boesenberg said his understanding is, it would be the line that runs through the center of the paved roadway which is marked P.O.B. on the right side and runs to the left and says “centerline” on the left of the survey. Atty. Faasse said, unfortunately, they don’t have the whole title search, but apparently this must have been a dedicated roadway in order to have a centerline.

 

OPEN TO PUBLIC DISCUSSION:  None/Closed

 

MOTION TO APPROVE A VARIANCE TO PERMIT A SHED IN THE FRONT YARD AND TO LOCATE THE SHED PARALLEL WITH THE EASTERLY SIDE OF THE HOUSE, THE FRONT LINE OF THE SHED TO BE PARALLEL TO THE EASTERLY OR REAR LINE OF THE HOUSE AND NO CLOSER THAN 10 FT. TO THE SIDELINE OF THE HOUSE: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

 

PUBLIC DISCUSSION:  None

 

RESOLUTION ON APPLICATION #14-01 Ronald Gallo, 2-4 Railroad Ave., Block 236.01 Lot 18, Site Plan, Multi-Family & Use:

 

MOTION TO APPROVE THE RESOLUTION DENYING THE APPLICATION: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

 

CORRESPONDENCE: No questions asked on correspondence.

 

VOUCHERS: submitted by Atty. Faasse for Resolution on Application #14-01 Gallo for $115.00.

 

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

 

VOUCHERS: submitted by Engineer Gregor for Engineering Services rendered for September 2001 for Application #19-01 Kreloff $150.00, Application #17-01 Fagan $240.00, Application #7-00 Zikra $290.00, for a Grand Total of $680.00

                       

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Hoffman, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

  

MINUTES: from September 12, 2001 Meeting.

 

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Kardasz, Ludwig, Roberto and Covelli.

 

DISCUSSION:

Board Secretary said there is one new application for next month which is Application #20-01 Dale Ostrander, 5 Belmont Ave. for a 6’ fence.

 

Atty. Faasse told the Board he left a message with the person who was inquiring about the “Echo Houses”. Atty. Faasse told this person on her voice mail that the Board looked at the literature and she would have to come in either for a variance or as she suggested, a change in the ordinance from the Mayor & Council, but this particular housing is not permitted in the Borough of Wanaque.

 

Chairman Dunning told the Board he spoke to Eng. Gregor earlier in the day and Eng. Gregor was asked by an engineer if the Board of Adjustment can do an informal review. Atty. Faasse said, normally the Board of Adjustment does not, and the Planning Board does.

 

MOTION TO ADJOURN: at 9:35 P.M.

 

 

                                                                        ________________________________

Gerri Marotta

Secretary to Board of Adjustment