BOARD OF ADJUSTMENT MEETING

MINUTES

BOROUGH OF WANAQUE

NOVEMBER 2, 2005

BEFORE: Members of the Wanaque Board of Adjustment/ Public

BOARD MEMBERS PRESENT FOR THIS HEARING:

Chairman, Bruce Grygus, Frank Covelli, Peter Hoffman, Don Ludwig, John Shutte, Lee Smith,

OTHERS PRESENT FOR THIS HEARING:

RALPH FAASSE, ESQ., Board Attorney

WILLIAM GREGOR, Township Engineer

REQUESTED BY: Gerri Marotta

G & L TRANSCRIPTION OF N.J.

40 EVANS PLACE

POMPTON PLAINS, NJ 07444

(973) 616-1051

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Page

Application #13-05 Dowson 10

Application #11-05 Santoro 13

Application #15-05 Deloria 29

Resolutions 39

Correspondence 43

Vouchers 44

Discussion 54

Application #09-05 First Apple Realty 54

Application #18-05 North Jersey Partners 93

Exhibits Evid.

Application #18-05

A-1 Proposal from John Joseph, Inc. 144

Salute to Flag:

MR. CHAIRMAN: This is a regular meeting of the Wanaque Board of Adjustment. Adequate notice has been given by a duly advertised in the Suburban Trends and the Herald News on the 12th day of January 2005 and notice thereof is on file with the Borough Clerk, and is posted on the bulletin board. Can we have a roll call, please.

ROLL CALL: Chairman Jack Dunning, Members Bruce Grygus, Peter Hoffman, Don Ludwig, John Shutte, Lee Smith, Attorney Ralph Faasse, and Engineer William Gregor.

MEMBERS ABSENT: Members Frank Covelli, Cris DeMetriou, and Ted Roberto.

MR. CHAIRMAN: Okay. Thank you, Gerri. Okay. We’re going to run our agenda slightly out of order this evening.

Application #18-05 Biago Brothers, 835 Ringwood Avenue.

MR. CHAIRMAN: The first one we’re going to deal with is 19-05, which is Biago Brothers, 835 Ringwood Avenue. Counselor, I believe we have some communication.

MR. FAASSE: Yes, we received a letter today from the attorney asking to be carried to the December meeting, which would be December the 7th. And primarily that was because of, you know, the schedule. He didn’t want to risk taking his professionals in here and every-thing else, I guess without having a chance that it would be going, and it was the last one on. So, the motion would be to carry to December 7th, no further notice would be required as all the notice has been met for this month’s meeting.

MR. LUDWIG: Make a motion to carry that to December 7th.

MR. CHAIRMAN: Second on that.

MR. GRYGUS: Second.

MR. CHAIRMAN: Bruce. Roll call.

MOTION TO CARRY APPLICATION TO DECEMBER 7TH MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Shutte, and Smith.

MR. GREGOR: And, Mr. Chairman, I talked with the applicant’s engineer on that, that a signed and sealed survey was not submitted. And when I discussed it with him he said it was expected shortly, but that they had not yet received it. That’s probably one of the reasons why they decided to carry it. They said they will have it prior to the December 7th meeting.

MR. CHAIRMAN: You know, what I don’t have in my file on that is the site plan.

MR. GREGOR: Pardon.

MR. CHAIRMAN: A site plan. Gerri, did we get anymore paperwork on that one?

MS. MAROTTA: On which one?

MR. CHAIRMAN: Biago’s.

MS. MAROTTA: Whatever I got I would have mailed out.

MR. CHAIRMAN: What do the other members have? Does everybody have a site plan or just the building plans?

MR. GREGOR: There were site plans and building plans on that.

MR. CHAIRMAN: See what you got in there. This is what you passed out; right. There’s no site plan.

UNIDENTIFIED MEMBER: No, I only have building.

MR. CHAIRMAN: No, we don’t have it Bill.

MR. GREGOR: Really. There were two sheets of building plans, and one package, which was a site plan.

MR. CHAIRMAN: No. Here’s what was passed out to the members, we don’t have it.

MR. GREGOR: Okay. I do, it was sent to me. I have it.

MR. CHAIRMAN: All right.

MR. FAASSE: Gerri, call them up and make sure he gets them.

MS. MAROTTA: Sure.

MR. CHAIRMAN: What’s the --

MS. MAROTTA: I mean why would only Bill have gotten it?

MR. CHAIRMAN: What else you have that’s --

MR. GREGOR: I didn’t bring the package with me.

MR. FAASSE: Who did you get yours? Oh, you didn’t bring yours.

MR. GREGOR: No, I didn’t bring it because he told me he wasn’t coming.

MR. CHAIRMAN: You knew they weren’t coming.

MR. GREGOR: This I don’t have by the way.

MR. CHAIRMAN: Okay.

MR. GREGOR: The storm water report.

MR. CHAIRMAN: All right. Well, why don’t you keep one of those packets then.

MR. GREGOR: Okay.

MR. CHAIRMAN: There’s nothing else in there, right, Gerri?

MS. MAROTTA: Nothing else.

MR. GREGOR: And you only have one architectural, there are two.

MR. CHAIRMAN: What do you mean there’s two?

MR. GREGOR: Well, let me just double check what’s in here.

MR. CHAIRMAN: It shows two buildings.

MR. GREGOR: There should be two structures in here.

MR. CHAIRMAN: There are, it’s in there. There’s two sheets, two buildings.

MR. GREGOR: Yea, that’s correct.

MR. CHAIRMAN: Okay. All right. So then the survey, site plan.

MR. GREGOR: There is no survey.

MR. CHAIRMAN: I’m sorry. The site plan that you have nobody else has.

MR. GREGOR: Evidently. It’s not in this package.

MR. CHAIRMAN: Okay.

MR. GREGOR: And I had not received the storm water report, although in discussing it with the applicant, in here he said it was submitted. Now I see it, here it is.

MR. CHAIRMAN: The County got it, because the County commented on the site plan.

MS. MAROTTA: All right. How come he didn’t give us in there?

MR. CHAIRMAN: I don’t know. Twenty copies of the site plan.

MR. FAASSE: What do I got here, floor plans and elevations.

MR. GREGOR: You got it.

MR. FAASSE: Part of the site plan, I have it.

MR. GREGOR: Ralph has it.

MR. FAASSE: And it was mailed to me by or given to me by Gerri.

MS. MAROTTA: Let me see what it looks like.

MR. GREGOR: Ger, here’s what the site plan looks like, Ralph has it.

MR. CHAIRMAN: Right, it’s a big sheet of paper. It’s not in there, that’s for sure.

MR. GREGOR: I received mine from Ger (inaudible).

MR. FAASSE: Yea, this looks like I got it at one of the meetings.

MR. CHAIRMAN: These were passed out.

MR. FAASSE: Yea, last month.

MS. MAROTTA: Yea, maybe that’s what I did, I passed them out at the meeting.

MR. CHAIRMAN: You got a sealed copy here.

MR. FAASSE: Who, I’m impressed. You want mine?

MR. CHAIRMAN: Well, we need it.

MR. FAASSE: Well, I understand that, but I mean.

MR. CHAIRMAN: We’re not dealing with it tonight, so you hang on to yours. Gerri will get us the rest of them.

MR. FAASSE: Yea.

MR. CHAIRMAN: This way your packets complete.

MR. FAASSE: Okay.

MR. CHAIRMAN: All right. So, you follow-up and find out where the others ones were.

MS. MAROTTA: What happened to the site plans, okay. Do you want to jump anywhere else?

MR. FAASSE: Well, we should make a general announcement.

MR. CHAIRMAN: What about this one?

MR. FAASSE: All of the other applications with the exception of Dowson are use variances. Presently as you can see we have six members, right, and the seventh member hopefully will be joining us at about 9 o’clock. So, anyone with a use variance might want to consider waiting till later tonight or adjourning his or her application to next month. Because on use variance you need five affirmative votes whether there’s six members, five members, or seven members. So with that why don’t we just call the Dowson, that’s a question.

MR. CHAIRMAN: Yea, let’s deal with that drawing.

Application #13-05 Mr. Dowson, 21 Stevens Lake Road, bulk variance.

MR. FAASSE: George and Lynn Dowson. Are they here?

MR. CHAIRMAN: Mr. Dowson’s here.

MR. FAASSE: Did your -- the man from Payone Closure, yes.

MR. CHAIRMAN: I don’t know where we’re going.

MR. FAASSE: Okay, this a question where we got plans and they were just filed on Friday, so that’s within the ten days. The question is are there substantial issues that were changed or are they just a mere clarification? It seems like from the review by Mr. Gregor they would be substantial. There are things that he’d have to double check and calculate.

MR. GREGOR: Well, the offsets were provided there, the location of the well and septic. And what I would like to go over with the applicant and review at least to make sure that the -- it doesn’t appear that there’s any additional construction, so obviously the well line will not be constructed over since they’re building on it. The setbacks appear to be accurate from what I looked at, but we have not noted all the variances in our revised report, because we just had received the item. It would be suggested that it would be prudent probably to carry that until the next available meeting.

MR. FAASSE: I do believe we, you know, cause there was a couple meetings that the applicant wasn’t here, we’ll need an extension of time on this one.

MR. CHAIRMAN: Yea, definitely need an extension.

MR. FAASSE: All right. So the plans not been on file more then ten days, carry it till the 7th. All right, somebody wants to make that motion to December the 7th.

MR. CHAIRMAN: Yea, we need motion to carry.

MR. FAASSE: And we need --

MR. LUDWIG: A motion to carry to December 7th, with a provision there’s a 60 day extension filing.

MR. FAASSE: Yea, minimum of 60 days.

MR. CHAIRMAN: Let’s do 90 days and be safe.

MR. FAASSE: Ninety days.

MS. MAROTTA: Ninety days?

MR. CHAIRMAN: Ninety days.

MR. FAASSE: Ninety days.

MS. MAROTTA: Does he want to sign it now?

MR. FAASSE: Please.

MR. CHAIRMAN: Mr. Dowson, you want to sign that extension now, this way we don’t have to mail it back and forth?

UNIDENTIFIED MEMBER: Do you understand what happened or why?

MR. DOWSON: What does that mean?

MR. CHAIRMAN: The time clock on your application is going to run out soon, we need to extend it for another 90 days.

MR. DOWSON: Okay.

MR. CHAIRMAN: We need you to sign a document.

MR. LUDWIG: And the reason we can’t hear it is the plans weren’t here ten days prior to the meeting.

MR. CHAIRMAN: Ten days prior to our meeting.

MR. LUDWIG: The public has to have a chance to look at it.

MR. FAASSE: Gerri’s out --

MR. CHAIRMAN: Gerri’s getting the --

MR. FAASSE: -- the extension form. Oh, we’re going right through the agenda.

MR. CHAIRMAN: Huh.

MR. FAASSE: We’re going right through the agenda.

MR. CHAIRMAN: Yea. Now, are there any other ones you got a problem with?

Application #11-05 Cosmo and Theresa Santoro, 1185 Ringwood Avenue, bulk and use variances.

MR. FAASSE: Santoro. Nobody’s here I don’t think.

MR. CHAIRMAN: All right.

MR. FAASSE: We’ll call that next. You here on Santoro? Oh no, going to clear your throat.

MR. CHAIRMAN: Nobody’s here on Santoro.

MR. FAASSE: All right. So Bruce made the motion, right.

MR. GRYGUS: Don.

MR. FAASSE: Bruce seconded it.

MR. CHAIRMAN: No.

MR. FAASSE: Oh, you Don, okay.

MR. CHAIRMAN: Don made the motion, Bruce made the second.

MR. FAASSE: All right. Want me to do the list?

MR. CHAIRMAN: You want to do it. Let’s do this one.

MR. FAASSE: Okay. Is this the one?

MR. CHAIRMAN: Right here, Dowson.

MR. FAASSE: Dowson.

MR. CHAIRMAN: Right.

MR. FAASSE: Okay, so Don first, Bruce --

MR. CHAIRMAN: Bruce is second.

MR. FAASSE: -- Bruce second.

MR. CHAIRMAN: Just put a second in there.

MR. FAASSE: Okay.

MOTION TO CARRY APPLICATION TO DECEMBER 7TH MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Shutte, and Smith.

MR. FAASSE: Okay, that’s carried to December 7th.

MR. CHAIRMAN: December 7th.

MR. FAASSE: Is anyone here on Santoro, application 11-05, 1185 Ringwood Avenue?

MS. MAROTTA: What was it?

MR. CHAIRMAN: Santoro.

MR. FAASSE: This was with Carlos.

MS. MAROTTA: Yea, he never called me back today.

MR. FAASSE: No, we never heard from the attorney.

MS. MAROTTA: He was in court this morning, and I never got a phone call back.

MR. CHAIRMAN: He’s another one that the time is running near too.

MR. FAASSE: No, I think we got an extension last time, if memory serves me right. When he carried it cause he had to go out of State.

MR. CHAIRMAN: Oh, I don’t know. Let’s check the folder. I know he couldn’t make the last meeting, right.

MR. FAASSE: Yea. I think it wasn’t very hard to (inaudible)

MR. CHAIRMAN: We did get some new -- Bill, is that the one we got some new plans on, Santoro, or we didn’t -- or that’s one we didn’t get anything on?

MR. FAASSE: No, we need new plans.

MR. CHAIRMAN: Okay, nothing came in.

MS. MAROTTA: I didn’t see an extension in here. And his time started July 19th.

MR. CHAIRMAN: Right, I know that’s why times running out. There’s no extension.

MR. FAASSE: Wait a minute, wait a minute, wait a minute.

MR. CHAIRMAN: Where’s the minutes? We don’t have the minutes.

MR. FAASSE: No.

MS. MAROTTA: No. But I don’t remember --

MR. FAASSE: Gregor sent that to me.

MS. MAROTTA: -- you bo -- wait.

MR. CHAIRMAN: Do you have this communi -- I think he asked for it in a communication.

MR. FAASSE: Yea.

MS. MAROTTA: Well, wait, I can check that.

MR. FAASSE: I don’t know who got it, whether it was Gerri or I.

MS. MAROTTA: It was just asked to be carried.

MR. CHAIRMAN: He didn’t give us an extension.

MS. MAROTTA: I don’t have anything marked down for an extension.

MR. GREGOR: This is a letter from him that your looking for.

MR. CHAIRMAN: From the last --

MR. FAASSE: Yea, the conference.

MR. GREGOR: He asked for a 90 day extension.

MR. FAASSE: Yea, and I respectfully asked you for a 90 day extension.

MR. CHAIRMAN: Okay. So, we got the 90 days in his letter.

MR. GREGOR: I don’t know, somebody handed it to me instead of him.

MR. CHAIRMAN: Okay. Bill’s got a letter.

MS. MAROTTA: You have it.

MR. GREGOR: If you sent it to me, I put it in the file.

MS. MAROTTA: How come I don’t have it?

MR. CHAIRMAN: I don’t know. Bill’s got a letter asking --

MR. FAASSE: I got one too.

MR. CHAIRMAN: Ralph’s got one.

MR. FAASSE: That’s probably why she doesn’t have it.

MR. GREGOR: I probably got mine from you.

MR. FAASSE: No, it went to the Wanaque Board of Adjustment.

MR. CHAIRMAN: Attention Gerri.

MR. FAASSE: Attention Gerri.

MR. CHAIRMAN: You must have it.

MR. FAASSE: You should have it somewhere.

MR. CHAIRMAN: Don’t worry about it.

MS. MAROTTA: What’s the date?

MR. FAASSE: The fifth.

MR. CHAIRMAN: October 5th, the date of the meeting.

MR. FAASSE: I knew we had one here somewhere.

MR. CHAIRMAN: Right, we have it.

MS. MAROTTA: Okay.

MR. CHAIRMAN: So that’s good to carry.

MS. MAROTTA: So, we’re going to carry him.

MR. CHAIRMAN: All right, we need a motion to carry Santoro.