OCTOBER 6, 2004

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 8^th day of January 2004 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, Don Ludwig, Ted Roberto, John Shutte, Lee Smith, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Members Frank Covelli and Chris Demetriou

APPLICATION #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.

Attorney Robert C. Schachter of the law firm of Greenbaum, Rowe, Smith, Ravin, Davis & Himmel LLP sent a letter dated September 21, 2004 to the Board Secretary requesting to withdraw and dismiss the application in that the matter has now been rendered moot. A letter from Borough Attorney, Anthony Fiorello dated September 21, 2004 was sent to Attorney Faasse stating that the Borough of Wanaque acquired title to the Wanaque Manor property on September 20, 2004.

MOTION TO ACCEPT THE WITHDRAWAL AND DISMISS THE APPLICATION: made by Member Ludwig, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

APPLICATION #02-04 Stanislaw & Olga Tokarz, 48 Furnace Ave., Block 219 Lot 1.01, Bulk & UseVariance:

No one was present for this application at the present time.

Eng. Gregor said he received revised plans and the parking has not been corrected, the stairs have been relocated, the dimensions on the structure are still inaccurate and have not received revised drainage calculations that were requested in a previous report by Eng. Gregor.

MOTION TO TABLE APPLICATION TIL FURTHER IN THE EVENING: made by Member Roberto, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

APPLICATION #13-04 Scott Manzak, 1182 Ringwood Ave., Block 454 Lot 9, Bulk Variance:

Atty. Faasse asked Mr. Manzak if he was going to ask the Board to carry his application. Mr. Manzak said he guessed so, and is a little bit shocked, upset

and embarrassed. He said his professional that he hired didn’t even put the size of his addition on the plans. He also didn’t realize that he needed a sealed survey and wasn’t told he needed one and is upset about the whole matter and he doesn’t have a choice but to carry the application to next month. Eng. Gregor told the applicant that a signed and sealed survey is not a municipal requirement, but a state law. Mr. Manzak said as an applicant, how is he supposed to know this if no one tells him. Chairman Dunning added, that his professional that was hired should know that a site plan is required for this type of variance. It was recommended to Mr. Manzak that he should give Eng. Gregor’s report dated September 17, 2004 to his professional and if there are any questions they should call Eng. Gregor.

The Board reminded Mr. Manzak that all revised plans have to be on file 10 days before the meeting.

MOTION TO CARRY APPLICATION TO THE NOVEMBER 3^RD MEETING: made by Member Roberto, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

APPLICATION #08-04 Donald J. Sheehan & Angelique Biggs, 4 Maple Ave., Block 308 Lot 6, Use & Bulk Variances:

Mr. Sheehan & Ms. Biggs came forward and had been previously sworn in and their oath continues. A revised plan was submitted dated September 15, 2004. Eng. Gregor said the revised plan shows a 125-gallon seepage pit that’s preexisting but have not received the calculations or any details for the proposed seepage pit. Therefore, with that minor change, Eng. Gregor didn’t see the need to provide a revised report. Eng. Gregor said he hopes that the proposed seepage pit is larger than what exists. Eng. Gregor said he spoke to the applicant’s engineer a month ago and was told the calculations were coming. Chairman Dunning said the drawing shows one car in the garage, another car behind it, to the west side of the house the drawing shows spaces three and four and the note on the drawing above the proposed seepage pit says that the applicants are putting two car spaces in the garage and two outside of the garage. Chairman Dunning wanted to know which is right. Mr. Sheehan said he’s going to put two on the left on the outside for the tenant. Chairman Dunning wanted to make sure he meant that his proposal is to leave two on the left side of the house. Eng. Gregor suggested that the note on the drawing should read one car inside the garage, one outside and spaces three and four on the opposite side of the house.

Chairman Dunning told the applicant that on his plans, the Planning Board and the Board of Adjustment are both mentioned and to have his professionals to eliminate the Planning Board title.

Eng. Gregor went over the variances as listed in his report dated August 27, 2004. In addition the applicant has requested to park on either side of the structure with two curb cuts and the Board needs details on the drainage calculations.

OPEN TO PUBLIC: None/Closed

MOTION TO APPROVE APPLICATION WITH THE FOLLOWING VARIANCES: A USE VARIANCE FOR AN EXPANSION OF A NON-CONFORMING USE, A FRONT YARD SETBACK FOR THE COVERED FRONT PORCH OF 23.8 FT., A SIDE YARD SETBACK FOR A COVERED FRONT PORCH OF 17.8 FT., A REAR YARD SETBACK OF 4.1 FT., THE DRAINAGE CALCULATIONS AND DIMENSIONS OF THE PROPOSED SEEPAGE PIT BE APPROVED BY THE BOARD ENGINEER PRIOR TO THE PLANS BEING SIGNED AND THAT THE CURRENT SITE PLAN BE CLEANED UP WITH REFERENCE TO THE DELETION OF THE NOTE ON THE PARKING SPACES, THE SIGNATURE BlOCK DELETING THE PLANNING BOARD TITLE, AND THE PLANS WILL NOT BE SIGNED FOR FINAL APPROVAL UNTIL THE DRAINAGE CALCULATIONS ARE APPROVED BY THE ENGINEER AND THE PLAN SUBMITTED IS CLEANED UP: made by Member Grygus, seconded by Member Shutte, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Shutte and Smith. Member Roberto not qualified.

MOTION TO TAKE APPLICATION #02-04 TOKARZ OFF THE TABLE: made by Member Grygus, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

APPLICATION #02-04 Stanislaw & Olga Tokarz, 48 Furnace Ave., Block 219 Lot 1.01, Bulk & Use Variance:

Mr. Stanislaw came forward and is still under oath. Chairman Dunning said a new drawing was submitted dated September 15, 2004 and is revision #4. Eng. Gregor said he did not prepare a written report because the changes to the drawing consisted of redirecting the steps from the front to the interior side without benefit of a sidewalk. Eng. Gregor also noted that the parking is still shown over 30 ft. in width along the front property line that was recommended against in his report. The dimensions on the existing structure are still inaccurate, and have not received any detail or calculations on the drainage. All of this was requested in Eng. Gregor’s previous report and Eng. Gregor didn’t see the need to anyone of spending the time doing a thorough review.

Chairman Dunning said to Mr. Tokarz, that he was advised at the last meeting to have his professionals call Eng. Gregor and try to get some of these issues ironed out especially the measurements that don’t add up. Mr. Tokarz said he spoke to his professional yesterday and was told everything was ok. Chairman Dunning added that the other issue is the parking in the front and should be relocated in the rear. Also the steps don’t lead to anything and are still running into were the cars are and there’s no way to access that entrance or exit out of the dwelling. You would be walking on the grass, there’s no sidewalk and no way to get down. Chairman Dunning said the Board prefers to see the parking in the rear rather than taking out part of the front lawn. Chairman Dunning added, that there is adequate room in the back and it could be reconstructed to get the four parking spaces in there. Chairman Dunning said there’s a note on the plan from Gene Rotonda P.E. saying a Stormwater Management Plan will be provided and still has not been submitted. Mr. Tokarz said he spoke to both his professionals yesterday and was told everything is ok.

Chairman Dunning also told Mr. Tokarz that his professionals have not yet contacted Eng. Gregor. Member Shutte said to Mr. Tokarz that he has to get Mr. Miceli to call Eng. Gregor and in the meantime Mr. Tokarz should call Eng. Gregor to find out if Mr. Miceli called him. Eng. Gregor suggested that Mr. Tokarz’s professionals should talk to each other and then he will be more than happy to deal with them to make sure they understand what Eng. Gregor needs to have.

MOTION TO CARRY APPLICATON TO THE NOVEMBER 3^RD MEETING: made by Member Roberto, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

PUBLIC DISCUSSION: None/Closed

RESOLUTIONS: None

CORRESPONDENCE: No questions asked.

VOUCHERS: submitted by Eng. Gregor for Application #13-04 Manzak for Engineering Services for $385.00, Lakeland Health Care (this application has not been deemed complete therefore has no application number) for Engineering Services for $165.00, for a Grand Total of $550.00.

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

Member Covelli came in at 9:03 P.M.

MINUTES: from the September 1, 2004 Meeting.

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

DISCUSSION:

Member Grygus raised the issue about applications being deemed complete that are not. Member Grygus said he thinks that if the Building Inspector is unsure about an application being complete or not, he should give it to Eng. Gregor for a cursory review. Member Shutte added, that the applications not only go to the Building Inspector they also go to Engineer Gregor before the applicant comes to the meeting. Member Grygus said that the application is already deemed complete before it goes to the engineer and goes on the agenda. Chairman Dunning said they wouldn’t let the Board go back to the way it use to get reviewed. Eng. Gregor, said in all fairness to the Building Inspector, he has a very busy schedule trying to keep tract of all the zoning criteria and illegal building, for him to spend the time and attention to a completeness review is unfair to request of him. Member Ludwig added that he has said for years that in the better towns they have a handout and they have it listed on the handout as to what is required. Chairman Dunning said they tried to do that and had a joint meeting with the Planning Board and the idea was shot down. Eng. Gregor said a completeness checklist in order to be valid must be by ordinance of the Mayor & Council. Eng. Gregor added, that there is an ordinance, which has specific requirements for an application, and the information that’s required and requested in that ordinance can be put on a checklist. However, that does not list all of the things such as a signed and sealed survey and dimensions for the addition. Eng. Gregor said they had a very smooth functioning Board that kept the public happy, made the Board look good and the Building Dept. look good. When an application came in and escrow was collected, it was submitted to Eng. Gregor and he would make a recommendation to the Board to deem it complete or incomplete. Once it was deemed complete, it was then scheduled, by the Board for a hearing on a specific date. It worked for fifteen years until someone knew of a better way of doing it and changed it. Member Shutte added, that he can’t believe that a system that doesn’t work, why does the Board have to live by it. Atty. Faasse agreed, but added, the Board does not have the power to change it.

MOTION TO ADJOURN AT 9:05 P.M.: Carried by a voice vote.

______________________________

Gerri Marotta

Secretary to Board of Adjustment