BOARD OF ADJUSTMENT MEETING
BOROUGH OF WANAQUE
MINUTES
Reorganization Meeting
and
Regular Meeting
February 6, 2008
Salute to the Flag:
OPENING STATEMENT: Read by Mayor Daniel Mahler
This is a Reorganization and 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 December 21, 2007 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: Jack Dunning, William Grygus, Frank
Covelli, Peter Hoffman, Ed Leonard, Joseph D’Alessio, Eric Willse, Michael
O’Hanlon, Attorney Ralph Faasse and Engineer William
Gregor.
MEMBERS ABSENT: Member Don
Ludwig.
Mayor Mahler swore in Member Ed Leonard to a 4 year term and new Member Joseph D’Alessio to a 2 year term
as Alt. #2.
NOMINATION FOR CHAIRMAN: The name Jack Dunning was
presented by Member Grygus, seconded by Member Leonard. No
other names were presented.
ROLL CALL ON NOMINATION FOR CHAIRMAN: voting yes
were Members Grygus, Covelli, Hoffman, Leonard, D’Alessio, Willse
and O’Hanlon.
NOMINATION FOR VICE CHAIRMAN: The name of William
Grygus was presented by Member Covelli, seconded by Member Hoffman. No other names were presented.
ROLL CALL ON NOMINATION FOR VICE CHAIRMAN: voting
yes were Chairman Dunning, Members Covelli, Hoffman, Leonard, D’Alessio, Willse and O’Hanlon.
At this point in the meeting, Chairman Dunning took over.
Chairman Dunning explained that through the bidding process there are two submittals for Board Engineer; one from Boswell Engineering and Engineer William Gregor.
NOMINATION FOR BOARD ENGINEER: The name of William
Gregor was presented by Member Grygus, seconded by Member Hoffman. No other names were presented.
ROLL CALL FOR NOMINATION FOR BOARD ENGINEER:
Voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard,
D’Alessio, Willse and O’Hanlon.
Chairman Dunning said there are two proposals for Board
Attorney, one from Attorney Richard Saunders and one from Attorney Ralph Faasse. All members have copies of proposals for the engineering
and attorney positions.
NOMINATION FOR BOARD ATTORNEY: The name Ralph Faasse was presented by Member
Covelli, seconded by Member Grygus. No other names were presented.
ROLL CALL FOR NOMINATION FOR BOARD ATTORNEY:
Voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard,
D’Alessio, Willse and O’Hanlon.
ADOPTION OF EXISTING PROCEDURES AND BI-LAWS:
MOTION TO ACCEPT EXISTING BY-LAWS: made by Member
Grygus, seconded by Member Leonard, voting yes were Chairman Dunning, Members
Grygus, Covelli, Hoffman, Leonard, D’Alessio, Willse and O’Hanlon.
MOTION TO MAINTAIN THE FIRST WEDNESDAY
OF THE MONTH FOR THE REGULAR MEETING WITH A 7:30 P.M. WORKSHOP AND THE REGULAR
MEETING WILL FOLLOW AT 8:00 P.M., AND THE SATURDAY PRIOR TO THAT MEETING FOR
SITE VISITS AT 10:00 A.M.: made by Member Grygus, seconded by Member Willse, voting yes were
Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard, D’Alessio, Willse
and O’Hanlon.
ADOPTION OF NEWSPAPERS: To continue with the Suburban Trends and the Herald &
News:
MOTION TO ACCEPT AND ADOPT THE SUBURBAN TRENDS AND THE
HERALD & NEWS AS THE OFFICIAL NEWSPAPERS: made by Member Covelli, seconded by Member Willse, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard,
D’Alessio, Willse and O’Hanlon.
MOTION TO ACCEPT AND DIRECT THE BOARD SECRETARY TO
ADVERTISE IN ACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT TO GIVE NOTICE OF THE
MEETING DATES FOR 2008: made by Member Grygus, seconded by Member
Willse, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman,
Leonard, D’Alessio, Willse and O’Hanlon.
RECESSED AT 7:55 P.M.
REGULAR MEETING
RECONVENED AT 8:00 P.M.
Application #23-06 Realty Associates Redevelopment, LLC,
Atty.
Faasse said that Attorney Brian Chewcaskie called him today and followed-up
with a letter to the Board Secretary asking to be carried to Wednesday March 5,
2008 and will be re-noticing for the March Meeting and an extension of time was
previously granted by the applicant to March 31, 2008. Atty.
Faasse advised Atty. Chewcaskie to apply for a new 200 ft. search listing since
the last one is a year old already.
It was mentioned that the new Member Joseph D’Alessio should get caught up
with this application by listening to the tapes from the past meetings.
MOTION TO CARRY: made by Member Covelli, seconded by Member D’Alessio,
voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard,
D’Alessio, Willse and O’Hanlon.
PUBLIC DISCUSSION:
Dave Da Silva, 108 Monroe Street came forward. Mr. Da Silva
wanted to know the status of the new application packet and understands that
there was some discussion about it at the Mayor & Council Meeting. Chairman Dunning said the Board Secretary passed out this
evening an Application for Site Plans & Subdivisions from the Planning
Board that was comprised by Eng. Michael Cristaldi for the Planning Board and
Board of Adjustment to review. Mr. Da Silva said his
concern that he brought up six months ago was that the deadline for the new
packet was to be for April 2008. Chairman Dunning said
he thought the packet was handed in last August. Mr.
Da Silva also mentioned that the Mayor & Council was supposed to make a
decision on getting rid of the Board of Adjustment by April. Chairman
Dunning added that the new Fee Schedule is suppose to be presented to the Mayor
& Council at the February Meeting for the initial review and has to be
passed by ordinance. Mr. Da Silva also asked, during
the professional review, will the Board be discussing what open applications
are pending right now? Engineer Gregor said there are
three pending applications to be put on the Agenda in March and they are:
Parsco, Englishman and Dykhouse; the fourth application is Realty Associates. Mr. Da Silva said, in reference to reviewing the
ordinances, has the committee met recently? Chairman
Dunning said they had one meeting in December.
Councilwoman Karen Cisco came forward: Ms. Cisco wanted to know whom
the application packages where handed to. Member
Covelli said it was e-mailed to the Borough Administrator. Chairman
Dunning said copies where also given out to the Mayor & Council back in
August. Chairman Dunning said it went to the Planning
Board for review so they could supplement what they wanted in the packet.
Ms.
Cisco told the Board she would find out what happened to the application packet
by the end of the week.
Dave Da Silva added, that in reference to the ordinance/review/committee,
he is also concerned about that because there was something mentioned about an
April deadline and that part of the process was to make it easier on both
Boards to review applications quicker by adjusting the current ordinances. Mr. Da Silva said it seems as though no progress has been
made except for a meeting that was held several months ago. Chairman
Dunning said all they know is that they had a meeting with two representatives
from the Board of Adjustment, two from the Planning Board, two Council people,
an outside consultant expert and the Borough Administrator. The
Building Inspector had prepared a list of ordinances that he thought were
totally deficient and needed to be upgraded. They also
discussed about tweaking the Business Zone and a few other things and they were
suppose to have another meeting; the Board hasn’t heard from anybody since the
second meeting.
Councilwoman Karen Cisco came forward. Ms. Cisco
wanted to know if the Board had a copy of the information that was turned over
to either the Mayor & Council or Borough Administrator. Member
Covelli said he would e-mail it to Ms. Cisco.
CLOSE PUBLIC DISCUSSION:
RESOLUTION ON DENIAL OF APPLICATION #06-07 Ruth Ann
Elwood,
MOTION TO APPROVE DENIAL OF APPLICATION: made by Member Grygus,
seconded by Member Hoffman, voting yes were Chairman Dunning, Members Grygus and Member Hoffman.
RESOLUTION ON APPLICATION #07-07 Anthony & Maria
Staropoli,
MOTION TO APPROVE: made by Member Covelli, seconded by Member Grygus, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard and
O’Hanlon. Members D’Alessio and Willse not qualified.
CORRESPONDENCE:
Chairman
Dunning asked the new member, Joseph D’Alessio, if he attended a State Training
Class in the last 18 months. Member D’Alessio said he
has not but knows he has to go. Chairman Dunning told
Member D’Alessio to make arrangements to go within the
next 18 months.
VOUCHERS: submitted by Atty. Faasse for Resolution #06-07
Elwood for $135.00 and Resolution #07-07 Staropoli for $275.00, for a Grand
Total of $410.00.
MOTION TO APPROVE: made by Member Grygus, seconded by Member Leonard, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard,
D’Alessio, Willse and O’Hanlon.
VOUCHERS: submitted by
MOTION TO APPROVE: made by Member Covelli, seconded by Member Leonard,
voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard,
D’Alessio, Willse and O’Hanlon.
MINUTES: from the November 7, 2007 Meeting.
MOTION TO APPROVE: made by Member Leonard, seconded by Member Willse, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard, Willse
and O’Hanlon. Member D’Alessio abstained.
MINUTES: from the December 5, 2007 Meeting.
MOTION TO APPROVE: made by Member Leonard, seconded by Member O’Hanlon,
voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Leonard and
O’Hanlon. Members D’Alessio and Willse abstained.
ENGINEER’S REPORT:
DISCUSSION: Atty. Faasse said a decision was reached on the Fennelly Application. The Judge reversed the Board’s denial of the variances and
granted the variances and made them subject to all the terms and conditions of
the original motion that was approving this. There has
been subsequent discussion by Atty. La Sala who represented the Barriero’s as
to whether or not they still have to comply with the other conditions as to
site plan. Basically the Judge and the argument that
was held in December was of the opinion that the variances that were before the
Board were virtually de minimus because this was a pre-existing grandfather lot. There was also a serious question as to the site plan and
the provisions of the ordinance as to whether or not they really apply under
the circumstances and based on the fact that minimus variances, he granted the
variances, but still made it subject to conditions for the septic, storm water
management, structural integrity of the wall, deed, all of that was the
conditions of the original motion to approve. Atty.
Faasse said he would not recommend appealing this decision. The
inverse condemnation of course based on the fact that the Judge granted the
variances, that part of the lawsuit, which was against the municipality, was
dismissed. The Judge also denied any request for an
easement on the down hill property so that they could allow the water to run
down into the Barriero’s property. The applicant will
probably be bringing in building plans and then it’s a question as to what Jeff
will do. Atty. La Sala raised the questions in a
letter to Atty. Faasse and he deferred to the Borough Attorney as it is within
his domain to not only interpret the Borough’s Ordinances but also to make any
instruction to Jeff Brusco or anyone else with respect to what should happen
from this point on.
Chairman
Dunning said
Chairman
Dunning said it goes back to the question of, you make a resolution and conditions
are put in it. Because the applicant applies for a
Building Permit the day after the approval, the Board looses control of the
conditions in the resolution.
Atty.
Faasse said this issue has been gone over several times, and when the
application leaves the Board, Building Permits should not be issued until all
the conditions in the resolution are met. Member
Covelli said he thinks what is needed to insure that
the conditions have been met is a post-approval checklist before a Building
Permit is issued.
Atty.
Faasse said the other thing that can be done which is done in many other towns
is, no Building Permit is to be issued until a resolution has been adopted and
the 45 days waiting period is over, then there would be time to check out all
of the conditions of the approval.
MOTION TO ADJOURN: at 9:30 P.M. carried by a voice vote.
______________________________
Gerri
Marotta
Board
of Adjustment Secretary