BOARD OF ADJUSTMENT MINUTES
MARCH 13, 2002
Salute to the Flag:
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 15th day of January, 2002 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, William Grygus, Peter Hoffman, Don Ludwig, Robert Ricca, Ted Roberto, Frank Covelli, Lee Smith, Atty. Ralph Faasse, Eng. William Gregor and Building Inspector Jeff Brusco.
MEMBERS ABSENT:
Member Harry Hirshman
APPLICTION #22-01 Peter Prodzenko, 39 Snake Den R., Block
102 Lot 3 “A” Appeal & “B” Interpretation:
Correspondence dated March 13, 2002 was received from Atty. James LaSala asking to carry this application to the April 10th Meeting. All members received a packet tonight from the Board Secretary which contained correspondence from Bldg. Inspector Brusco to Atty. LaSala dated March 12, 2002.
MOTION TO CARRY APPLICATION TO THE APRIL 10TH MEETING ACCORDING TO ATTY. LASALA’S REQUEST IN HIS LETTER DATED MARCH 13TH : made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Ricca, Roberto, Covelli and Smith.
APPLICATION #24-01 Richard & Regina Wieland, 138 Greenwood Ave., Block 460 Lot 16, Bulk & Use Variance:
The Board Secretary mailed a 120 day Extension Letter to the Wieland’s on February 19, 2002 requesting them to sign and return the Extension Letter, which still hasn’t been received. The Board directed the Secretary to write a letter to the Wieland’s asking them to sign and return the Extension Letter no later than March 27, 2002.
MOTION TO CARRY APPLICATION TO THE APRIL 10TH
MEETING PROVIDING THE 120 DAY EXTENSION LETTER IS SIGNED AND RETURNED NO LATER
THAN MARCH 27, 2002 OTHERWISE THIS APPLICATION WILL BE DISMISSED WITHOUT
PREJUDICE: made by Member Grygus, seconded by Member Ricca, voting
yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Ricca, Roberto, Covelli and Smith.
APPLICATION #25-01 Mt. Lakes Estates & Lakeside Manor, Conklintown Rd.,/Mt.Lakes Drive, Block 200 Lots 8 & 8.01, Bulk Variance:
Eng. Gregor said he sent a report dated February 28, 2002 to the applicant’s attorney, Juliana Blackburn. Eng. Gregor said he had requested the site plans for the subject sites, but what was submitted to Eng. Gregor was a site plan for each of the sites but none of the information that was requested in his report. Eng. Gregor tried to call the applicant’s attorney to try and find out what the status was, whether something was forthcoming in the near future, and she told Eng. Gregor that they wanted to be carried. Eng. Gregor informed Attorney Blackburn that she would have to send a letter to the Board Secretary asking to be carried. The Board Secretary did receive a letter dated March 12, 2002 from Attorney Blackburn asking to be carried to the April 10th Meeting.
MOTION TO CARRY APPLICATIN TO THE APRIL 10TH MEETING PROVIDED THAT THE APPLICANT SENDS IN THE AMENDED APPLICATION ALONG WITH THE DOCUMENTATION THAT WAS REQUESTED BY THE BOARD NO LATER THAN MARCH 27, 2002, OTHERWISE, THE BOARD WILL DISMISS THIS APPLICATION WITHOUT PREJUDICE: made by Member Roberto, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Ricca, Roberto, Covelli and Smith.
APPLICATION #01-02 Christine & Anthony DeFrancesco, 133 Monroe St., Block 456 Lot 9, Bulk Variance:
Mr. & Mrs. DeFrancesco stepped forward and were sworn in by Atty. Faasse.
Mrs. DeFrancesco explained to the Board they presently have a front porch and would like to remove it and put another porch up to be the full width of the house. Mrs. DeFrancesco said they want to give the house more curb appeal. Chairman Dunning asked Eng. Gregor if he reviewed the drawings and Eng. Gregor said no he did not, because he didn’t receive this application to review.
Chairman Dunning said he had a couple of problems with this
application. Chairman Dunning went on to say, in the R-10 Zone, John Miceli,
the Surveyor, has left a few things out. Chairman Dunning said the reoccurring
problem with this type of application is the lot coverage. The required in this
zone is 25% and Mr. Miceli is saying the proposed is 8%. Eng. Gregor added that
this application has a site plan prepared by a surveyor and that is not
permitted under the statutes. Atty. Faasse spoke up and said, on the plan, it states
that this plan was made for the purpose of obtaining a front yard variance and
is not be used as a site plan. Chairman Dunning said the number one issue is
lot coverage which is definitely wrong. Chairman Dunning asked about the
existing awnings on the house and if they were being put back after the new
porch is erected and Mrs. DeFrancesco said no they would not be put back up.
Chairman Dunning mentioned
there is no measurement on the plan for the pool or the shed. Mrs. DeFrancesco said the pool is a 24’ round and Mr. DeFrancesco said the shed is approximately 9’ x 12’.
RECESSED AT 8:35 P.M.
RECONVENED AT 8:50 P.M. All present as before.
Chairman
Dunning told the applicants there are definitely some minor problems with the
percentage and also the actual required variance. If you compare the two
drawings (survey and sketch plat), and look at the survey, Mr. Miceli is
showing on the north west corner of the house a measurement of 13 ft. 2 inches,
and if you add a 6 ft. porch all the way across and take 6 ft. off 13’ 2” you
come down to 7’ 2”, and he’s requesting a variance for 7’ 5”. Chairman Dunning
said, the measurements just aren’t adding up. Eng. Gregor said his conclusion
would be, is that Mr. Miceli made an error. Chairman Dunning said he thinks Mr.
Miceli should go over these plans. Eng. Gregor suggested that Mr. Miceli
provide the applicants with a corrected survey, and would direct the Board not
to let him redo the proposed building plan. Chairman Dunning said the Board
needs a true number in order to grant a front yard variance. Member Ludwig took
the house measurements and they didn’t add up right and said the house is not
square.
Eng. Gregor said, based on assuming the shed being 100 sq. ft. and a 24 ft. diameter pool and using dimensions on the survey, he calculated 24.5% lot coverage.
Chairman Dunning told the applicants they need a revised survey with the correct dimensions.
OPEN TO PUBLIC DISCUSSION: None/Closed
MOTION TO APPROVE WITH A FRONT YARD VARIANCE TO BE NO LESS THAN 7 FT. AND A TOTAL LOT COVERAGE TO BE NO MORE THAN 26% AND CORRECTED SURVEY SHOWING 4 PTS. ALONG THE FRONT ONE TO THE LEFT, ONE TO THE RIGHT AND TO THE EXISTING PORCH TO THE LEFT AND TO THE RIGHT, AND A CALCULATION BY THE SURVEYOR AS TO LOT COVERAGE: made by Member Grygus, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Ricca, Roberto, Covelli and Smith.
Member Ludwig reminded the applicants that the surveyor should include the size of the shed and pool. Atty. Faasse added, that the applicants should get the survey in 10 days before the next meeting. Eng. Gregor also said, there are two concerns the applicants should be aware of and they are; the water and gas lines are shown entering an approximate location of the extension of the porch and the applicants should make sure they know where they are before someone starts digging, so they don’t have a flood in their front yard or no longer have a house.
PUBLID DISCUSSION: None
RESOLUTIONS: None
CORRESPONDENCE:
Everyone
received the Disclosure Statements and are to return them to Kathy Falone,
Borough Clerk as soon as possible.
Received
from Atty. Ralph Faasse was correspondence on “Kreloff v.Wanaque Board of
Adjustment and Borough of Wanaque” Dock No. PAS-L-522-02.
Member
Lee Smith attended the N.J. Planning Officials Basic Accreditation Program and
received a certificate from the NJPO.
VOUCHERS: submitted by Eng. Gregor for Engineering Services rendered for 1st
Quarter of 2002 for $750.00, Engineering Services for Application #25-01 Mt.
Lakes Estates for $232.00, Application #3-02 Broughman for $110.00, for a Grand
Total of $1,092.00.
MOTION TO APPROVE: made by Member
Covelli, seconded by Member Ludwig, voting yes were Chairman Dunning, Members
Grygus, Hoffman, Ludwig, Ricca, Roberto, Covelli and Smith.
VOUCHERS: submitted by Atty. Faasse for Professional Services for Jan., Feb., and
March for a Grand Total of $750.00.
MOTION TO APPROVE: made by Member Grygus, seconded by Member Ludwig, voting
yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Ricca, Roberto,
Covelli and Smith.
VOUCHERS: submitted by Jill A. Hartmann, P.P., for CVS Sign Variance Application
for a Grand Total of $380.00.
MOTION TO APPROVE: made by Member Roberto, seconded by Member Ludwig, voting
yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Ricca, Roberto,
Covelli and Smith.
MINUTES: from February 13, 2002 Meeting.
MOTION TO APPROVE: made by Member
Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members
Grygus, Hoffman, Ludwig, Roberto, Covelli and Smith. Member Ricca not qualified.
ENGINEER/BUILDING INSPECTOR’S REPORT: Eng. Gregor said he had no new applications to report. Eng.
Gregor mentioned a letter from Eng. Gerald Gardner (which is in the packet
handed out to the members) indicating he has done all he’s been authorized to
do with Mr. Zikra. Eng. Gregor had sent a letter indicating the information
received was not sufficient to determine that the drainage was adequate. Eng.
Gregor gave him two reasonable alternatives and asked him to advise Eng. Gregor
which alternative he wished to pursue so that he can provide an acceptable
drainage plan in accordance with the Board’s Resolution. Member Grygus told
Eng. Gregor he noticed that he didn’t cc: the County and Eng. Gregor said he
did not. Eng. Gregor said if Mr. Zikra chooses not to correct the situation,
the County will be notified and Mr. Zikra will have to provide proof that the
County will accept the drainage, and he will have to come back to this Board
for an Amended Resolution.
Eng.
Gardner also contacted Eng. Gregor in regards to a burned out house on
Conklintown Rd. and has questions as to what type of requirements there would
be for access because of an existing bridge that may not be suitable. Bldg.
Inspector Brusco added, that the owner of this house has asked if he could come
to the Board for a Rear Yard Variance before the existing house is demolished,
which Bldg. Inspector Brusco doesn’t even know if he needs one. Atty. Faasse
said the ordinance reads, when there is 50% or more damage to a dwelling, the applicant
needs a variance to rebuild a non-conforming structure.
Member
Grygus mentioned that he heard Ronald Gallo has requested to be put on the
Planning Board’s Agenda for a Conceptual Discussion at the March 21st
Meeting. The Board Secretary verified that Atty. Rich Saunders asked for a
Conceptual Discussion.
(Since
this meeting, the Conceptual Discussion has been canceled).
Chairman
Dunning asked Bldg. Inspector Brusco if anything has come up with Sierra
Landscaping. Mr. Brusco said they’ve inquired about a revised application for
the propane tanks and Mr. Brusco told them the Board’s not going to entertain
the application until a letter is received from the County saying the County is
satisfied with the violations.
Chairman
Dunning also mentioned that CVS Pharmacy has lit signs in the windows and the
Resolution clearly states there will be no signage in the windows. Chairman
Dunning said there’s still a problem at C-Town with signage.
MOTION TO ADJOURN AT 9:40 P.M.: Carried by
a voice vote.
___________________________
Gerri
Marotta
Secretary
to Board of Adjustment