REGULAR MEETING

Salute to Flag:

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 13^th day of January, 2003 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 William Grygus, Frank Covelli, Peter Hoffman, Don Ludwig (came in at 8:10 P.M.), Ted Roberto, John Shutte, Lee Smith, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Robert Ricca

Application #16-03 A.G.D. Inc. – Rita’s Water Ice, 519 Ringwood Ave., Block 220 Lot 11, Site Plan Adjustment for Parking Lot.

The Board Secretary received a fax from Atty. Ira Weiner dated October 8, 2003 stating the applicant is withdrawing their application for an amended site plan. The

applicants will be complying with the original site plan approval.

MOTION TO DISMISS APPLICATION WITHOUT PREJUDICE: made by Member Grygus, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Roberto, Shutte and Smith.

#09-03 Wanaque Manor Associates, Portion of Properties along Jefferson St. & Boulevard, Block 457 Lot 1 & Block 479 Lots 1 & 2, Amended Preliminary & Final Site Plan & Conditional Use Variance:

The Board Secretary received a fax from Attorney Peter A. Buchsbaum representing the applicant and asked the Board to carry the application over to the November 12, 2003 Meeting due to the fact that the planner they have retained for the project is unavailable on October 8, 2003.

MOTION TO CARRY THE APPLICATION UNDER THE CONDITION THAT THE APPLICANT PROVIDES THE BOARD WITH 120 DAY EXTENSION TO BE RECEIVED BEFORE OCTOBER 31, 2003: made by Member Grygus, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Roberto, Shutte and Smith.

At this point in the Meeting Member Ludwig came in at 8:10 P.M.

Eng. Gregor told the Board he received a phone call from Eng. Gerald Gardner’s office today. In Eng. Gardner’s previous letter to Eng. Gregor, he told Eng. Gregor that he was not authorized to do any additional work on the C-Town Building for Mr. Zikra. Eng. Gardner verbally told Eng. Gregor on the phone today that he is authorized and is in the process of scheduling a flood test in accordance with the DEP Standards and he will be preparing an As Built for the Board’s review.

Eng. Gregor also told the Board, that the Haberny Application is incomplete. The secretary will forward a copy of Eng. Gregor’s report dated October 6, 2003 to the applicant’s attorney and the applicant.

#19-03 Frank & Marina Covelli, 61 Rhinesmith Ave., Block 242 Lot 7.01, Bulk Variance:

Mr. & Mrs. Covelli came forward and were sworn in by Atty. Faasse.

Mr. Covelli submitted a revised plan showing the water line, gas line and septic system as requested by Eng. Gregor. Chairman Dunning asked Mr. Covelli when did he revise this plan and Mr. Covelli said before the meeting started.

Mr. Covelli told the Board there is a discrepancy between the elevation drawing and the engineered site plan. The difference is that the front elevation indicates that the width of the addition is 16 feet and on the engineer’s plan that its actually 17.75 feet.

The reason for the change was because when the engineer prepared the site plan, the exact location of the pipe was unknown and when he prepared it and obviously identified where the pipe was, the applicant has to build on the other side of the pipe to insure the stability of the pipe. Therefore, that was the reason to widen the addition.

Eng. Gregor went over his report dated October 7, 2003. (All members have copies)

There was a discrepancy about the lot width between Atty. Faasse and Chairman Dunning. Eng. Gregor recommended that the lot width is the average of approximately 97.91 feet. Also mentioned was the fact the road in front of the Covelli home is not a dedicated road. Mr. Covelli said in fact, that it is an abandoned right-of-way which one day he will ask the Borough to decommission.

Eng. Gregor stated that the lot width is 97.91 feet and the lot depth is 140.10 feet.

Member Roberto asked Mr. Covelli if he explored the Mayor & Council about the construction of this addition over the Borough’s drainage easement as mentioned in Eng. Gregor’s report. Mr. Covelli said yes he did and submitted a copy of the plan as well as an engineer’s narrative that was sealed and also submitted to the Borough Engineer and is awaiting a response. Member Grygus asked Eng. Gregor, if something were to happen to the pipe, what would they do. Eng. Gregor said there is a number of ways; you either sleeve it or jack a new pipe underneath it, most likely you would sleeve it. Eng. Gregor said he briefly looked at the construction plans and the construction plans actually form a support with a pipe to strengthen it even further and this type pipe has a design life of anywhere between 50 & 75 years.

Mr. Covelli added, that the foundation for the addition would be deepened as compared to normal BOCA or Uniform Construction Code to go below the pipe so that there is no bearing weight on the pipe.

Atty. Faasse said, he would strongly recommend that this application be withheld until the applicant hears something from the Borough. Mr. Covelli said, he would ask this Board to consider his approval of the zoning issue with regard to this structure, obviously make the approval contingent upon the Borough’s approval and grant him the opportunity that if the Borough Engineer makes recommendations or changes subject to his engineer’s proposal, that from a zoning standpoint it doesn’t have an impact. Atty. Faasse said, the problem is, there are two specific variances that are being requested and if the Borough says anything such as suggestions and modifications or demands that change these two variances the applicant has to start all over again.

Chairman Dunning asked Mr. Covelli why he wanted to do this addition to his home. Mr. Covelli said he enjoys living in Wanaque and wishes to raise his growing family and quite frankly his home has two bedrooms because they took one bedroom and made it into an office and basically will be removing the closet from that room. Mr. Covelli and his wife would like a bigger bedroom and walk-in closets and to be a little separated from the children and one garage is not enough and while his family is growing his wife also informs him she would like a suburban which would never fit in the existing garage. Mr. Covelli would also like to submit for the record a letter from his neighbor, being on the northerly side which would be the property that if he where able to obtain property could possibly put him in the position not to request a variance, and they have denied him the opportunity to purchase property from them. This letter dated September 30, 2003 was marked Exhibit A-1.

Mr. Covelli said there would also be an access door besides the garage door on the additional garage. There also is an access easement on the other side and he believes if he pursued it with the Borough, he could get that removed because it’s abandoned. They did consider the addition on the other side but the problem is two fold; one is that their septic is in the front unlike all the other homes on Rhinesmith and the septic ends at the house before Mr. Covelli that the letter came from and these homes were built after the sewer moratorium. Mr. Covelli has been told he would have to pump up to the sewer line so he is not required to abandon the septic and quite frankly it’s a good septic. A letter had been submitted from Roy Stanley of the Health Department in Wanaque stating the septic system is adequate and located a safe distance away from the proposed addition. Mr. Covelli said the other problem is esthetically and the flow of the house; there would be a garage on one side of the house and a garage on the other, and you would have a situation where two of the three bedrooms would be on one side of the house and you would have to go all the way through the house to get to the new bedroom.

OPEN TO PUBLIC: None/Closed

MOTION TO APPROVE WITH A VARIANCE FOR A FRONT YARD SETBACK TO THE END OF RHINEMSITH AVE. OF 11.68 FT. WHERE THE APPLICANT IS PROVIDNG 18.32 FT. WHERE 30 FT. IS REQUIRED, A VARIANCE FOR A SIDE YARD SETBACK OF 7.91 FT. WHERE THE APPLICANT IS PROVIDNG 7.09 FT. WHERE 15 FT. IS REQUIRED, AND CONDITIONED UPON APPROVAL OF THE MAYOR & COUNCIL AS PER ENGINEER GREGOR’S LETTER: made by Member Grygus, seconded by Member Shutte, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

PUBLIC DISCUSSION: None

RESOLUTION: Application #14-03 Frank T. & Linda M. Forster III, 23 Railroad Ave., Block 248.02 Lot 2, Site Plan & Use Variance:

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

CORRESPONDENCE: Member Grygus asked about the memo from the Borough Clerk, Katherine Falone with regard to meetings scheduled for Wednesday, October 15^th or October 22^nd.

VOUCHERS: submitted by Atty. Faasse for Resolution on Application #14-03 Forster for $115.00.

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

VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #14-03 Forster for $165.00, Application #16-03 Rita’s Water Ice for $391.00, Application #07-03 Kurpick for $165.00 for a Grand Total of $721.00.

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

APPROVAL OF MINUTES: from September 10, 203 Meeting.

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

The Agenda for the November 12^th Meeting will be as follows: Application #18-03 Haberny, Application #20-03 Hoyos and Application #09-03 Wanaque Manor.

Mr. Covelli wanted it on the record that during his application process, the Board Secretary, Gerri and the Building Inspector, Jeff, were outstanding in helping Mr. Covelli with his application along with ¾ of the staff in the building. Mr. Covelli also wanted to say that this is one heck of a process and this is a once in a lifetime thing and he will never go for a variance again.

Mr. Covelli brought up the matter about changing the meeting date. The Board Secretary told the Board she was informed by the Recreation Secretary, Mary Ann Brindisi, that she contacted three of the commissioners on the Recreation Board and they didn’t seem to have a problem with switching their meeting back to the second Wednesday of the month. Ms. Brindisi doesn’t seem to feel that the other two commissioners will mind either. Ms. Brindisi also said, if the Board of Adjustment wants to have their meeting on the first Wednesday of December, the Board of Recreation can go upstairs and the Board of Recreation doesn’t have a meeting in December.

Atty. Faasse said the Board couldn’t change the November 12^th Meeting because the applicants have already given notice.

MOTION TO CHANGE THE MEETING TO THE FIRST WEDNESDAY IN DECEMBER (DECEMBER 3^RD) BASED UPON THE INFORMATION RECEIVED FROM THE RECREATION SECRETARY: made by Member Covelli, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman Ludwig, Roberto, Shutte and Smith.

MOTION TO ADJOURN AT 9:06 P.M.: made by Member Ludwig and seconded by Member Roberto, carried by a voice vote.

____________________________

Gerri Marotta

Secretary to Board of Adjustment