BOARD OF ADJUSTMENT                                                      

MINUTES

 

APRIL 9, 2003                                                                           

 

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 13th 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, Peter Hoffman, Don Ludwig, Ted Roberto, John Shutte, Lee Smith, Attorney Ralph Faasse and Eng. William Gregor.

 

MEMBERS ABSENT:  Frank Covelli and Robert Ricca.

 

Application #10-02 Ridwan Shabsigh, 673 Ringwood Ave., Block 243 Lot 5, Bulk Variance & Use Variance. Authorized Agent is Nancy E. Saccente, Esq.

The Board Secretary received a fax from Attorney Saccente informing the Board that the applicant reached a tentative agreement with a non-profit agency to rent the retail space on the first floor. If the Lease is executed and the tenant takes occupancy of the space, the applicant intends to withdraw its application for a Use Variance to convert the retail space to a residential apartment. If the Lease is not signed, then the applicant intends to proceeds with the bifurcation of the application and request a vote on the Use Variance aspect. Therefore, they are requesting this application to be carried to the May 14, 2003 Meeting and hereby grants an additional 90 day extension to the Board.

 

MOTION TO CARRY TO THE MAY 14, 2003 MEETING: made by Member Bruce Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

 

Application #03-03 Roland Wattenbach, 41 Boulevard, Block 457 Lot 41, Bulk Variance:

Thomas E. Hitchins, Architect, 19 Capstan Road, West Milford, N.J. and Mr. Wattenbach came forward. Atty. Faasse asked if the applicant had a signed and sealed survey and the applicant passed it to Eng. Gregor. Atty. Faasse proceeded to swear in Mr. Hitchins and Mr. Wattenbach.

Mr. Wattenbach explained to the Board he wants to build an attached garage to his home. Submitted were a site plan, floor plan and elevations. Mr. Hitchins just went over Eng. Gregor’s report that he received this evening and it appears to be pretty much in agreement with Mr. Hitchins and the only thing is a slight difference in the

way the side yard setback might be presented. Mr. Hitchins said this lot is substandard in size and is a pie shaped lot with a very small house on it. Mr. Wattenbach is trying to keep the proposed garage as far off the street as possible.

Chairman Dunning wanted to know why the second shed in the rear of the house wasn’t drawn in on the site plan. Mr. Hitchins said there are two sheds shown. The previous owner left two sheds and located a fence not on the right property line and Mr. Wattenbach is prepared to relocate the fence. One of the sheds is not on Mr. Wattenbach’s property and he is willing to remove it. Chairman Dunning said there is a shed in the corner behind the house on the left hand side and is not on the drawing. Eng. Gregor said the survey is dated Nov. 22, 2000 and the survey shows two sheds; one is no longer in the area which was located off the property and one that is existing to the rear of the property, but it doesn’t show the one that is located very close to the house and close to the property line.  Mr. Wattenbach said the shed near the house is about 8 ft. off the property line and about 2½ ft. from the house. Mr. Wattenbach said he would be willing to remove one of the sheds and relocate the one that is too near his house. Member Grygus told the applicant he could always move the one shed 10 ft. from the house and request a variance for the second accessory structure (shed) if he wants to keep them both. Mr. Wattenbach said he wouldn’t need the second shed if he gets the approval for the garage. Eng. Gregor described the garage as oversized for a single car garage and is 20 ft. in width and 25 ft. in depth, which is a good size for a single car garage. Mr. Wattenbach said the garage is the size it is because he wants plenty of room to wash and wax his truck and wants to play ping-pong in the garage.

 

OPEN TO PUBLIC DISCUSSION: None/Closed

 

MOTION TO APPROVE APPLICATION WITH A FRONT YARD VARIANCE OF 6.6 FT., A SIDE YARD VARIANCE FOR 4.8 FT., AND A SECOND SIDE YARD VARIANCE OF 8.2 FT., AND ADDITIONAL CONDITIONS TO RELOCATE THE SHED THAT EXISTS NEXT TO DWELLING A MINIMUM OF 10 FT. FROM THE HOUSE, AND A MINIMUM OF 5 FT. FROM ALL PROPERTY LINES ALSO TO REMOVE THE SECOND SHED THAT IS ON THE EASTERLY SIDE OF THE PROPERTY, AND RELOCATE OR REMOVE THE FENCE THAT IS ENCROACHING ONTO THE NEIGHBOR’S PROPERTY  AND REQUIRE A PERMIT FOR THE RELOCATION OF THE SHED THAT WAS PUT UP WITHOUT BENEFIT OF A PERMIT: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

 

Application #04-03 Alfredo Alarcon, Father Hayes Drive & Paul Place, Block 312 Lot 26, Bulk Variance. Authorized Agent is A. Michael Rubin, Esq.:

Members Roberto and Shutte excused themselves from this application.

Attorney Rubin and Mr. Alfredo Alarcon stepped forward.

Atty. Rubin explained to the Board that Mr. Alarcon has been before the Board in the past for the same application. Mr. Alarcon bought this lot from the Borough of Wanaque by Public Bid and purchased it without any restrictions or conditions on March 25, 1998. Later in 1998, Mr. Alarcon came before this Board with an application (#17-98) for a number of Bulk Variances because this is a non-conforming lot. One of the main problems in the past was a legal issue regarding the cemetery property to the rear of this site. This cemetery, Shippee’s Cemetery, was once part of the subject property and under a legal doctrine, which is if you have two sites next to each other and are undersized lots they merge together into one. The question at that time in 1998, was there a merger of the lots which then would require a minor subdivision? The Borough Attorney, Anthony Fiorello was asked for his legal opinion at the time and Atty. Fiorello researched the issue and completed a Title Search. Atty. Fiorello concluded that Shippee’s Cemetery was owned by other people and not the municipality, therefore there is no merger.

Mr. Alarcon was sworn in by Atty. Faasse. Mr. Alarcon said, back in 1998 he wanted to build a single-family dwelling and when the Shippee’s Cemetery problem came up, Mr. Alarcon decided to withdraw his application.  Mr. Alarcon said his new plan shows the driveway being on the south side instead of the north side. Atty. Rubin asked Mr. Alarcon about the water and sanitary sewer service for this proposed home and Mr. Alarcon said his Surveyor and Planner, Boyce L. McGeoch showed on his plan that there is a water main in the street and sanitary sewer service. Mr. Alarcon also testified that there is a storm sewer in the street. The house Mr. Alarcon intends on building would be 36 ft. wide on the Paul Place frontage and 34 ft. in length. There will be no deck on the proposed house according to Mr. Alarcon.

Atty. Rubin asked Mr. Alarcon if there was any way to make this lot bigger and Mr. Alarcon said no.

Chairman Dunning asked about where the doorways are and Mr. Alarcon said the house would be at ground level with no steps. Member Grygus asked if they tried to contact one of the owners of the cemetery in order to try and purchase some of the property because if the applicant could purchase at least 35 ft. of this property it would be a major impact on the application.  Atty. Rubin said he thought of the same thing, unfortunately when Atty. Fiorello did his search, he was unable to find out the real owners of this property. Atty. Rubin added, that sub-dividing off a piece of cemetery property is exceedingly difficult and there are many laws that protect  cemetery properties in the State of New Jersey. Eng. Gregor added, that in order to get the lot area needed which is 10,000 sq. ft. for this zone they would need to by a piece 75 ft. wide X 93 ft. in length. Mr. Alarcon said the house that he plans on putting up is about the same size as the other houses in the area. Member Ludwig said its not the size of the house it’s the lot size that’s so undersized in comparison to the other lots in the area. Member Grygus wanted to know how this lot was advertised at the time of the sale. Atty. Rubin said he didn’t know because he was not the attorney at that time, but he does know that the law states that an

undersized lot must first be offered to contiguous owners and then if the contiguous owners have no interest in it then you can offer to anyone. Member Ludwig asked if Mr. Alarcon made an attempt to sell his property to the neighboring property owners. Atty. Rubin said he didn’t know and Mr. Alarcon said he did not make an offer to any of the neighbors. Member Ludwig added, that there are no provisions for any sort of storage such as a garage, or shed for bicycles etc. and no basement. Atty. Rubin said, if there is a house built on this site its not a house for everyone such as a family with small children but more for seniors or empty nesters. Mr. Alarcon stated he plans on living in this house. Chairman Dunning said if this isn’t a house for everyone, what are the chances of scaling it down. Mr. Alarcon said he was talking to the architect and it could be scaled down.  Mr. Alarcon said he would be living with his wife and father. Atty. Rubin asked Mr. Alarcon what size does he think he could scale it down to and Mr. Alarcon said the proposed house is about 2,040 sq. ft. and he probably could scale it down to 1,800 sq. ft. which would be about 31 ft. X 33 ft.

Chairman Dunning asked if the applicant applied to the sewer authority about a hook-up because of the capacity and Mr. Alarcon said he did not. Atty. Rubin said he was advised that infill lots such as this one the applicant is fine with one single home but would have to pay approximately $6500 for the hook-up and $200.00 a quarter sewer fee. Chairman Dunning asked Eng. Gregor if there was adequate room in the driveway to open car doors and Eng. Gregor said there is room but not a lot of room but it is doable.

Eng. Gregor said to Atty. Rubin that his client knew at the time of purchase he bought a sub-standard lot and would have to come to the Board for variances to build, therefore, they are not looking for a hardship variance. Atty. Rubin said it has to be hardship because there’s nowhere to get additional property.

 

OPEN TO PUBLIC DISCUSSION:

 

Ted Roberto, 12 Father Hayes Drive came forward and was sworn in by Atty. Faasse. Mr. Roberto said he doesn’t see how this application could be considered a hardship case and anybody who looks at this lot can see that its not a buildable lot. Mr. Roberto said he subdivided his own property for his brother-in-law that was an acre so he could build without variances and keep the neighborhood to the standard that everyone is accustomed to. The subject lot is smaller than any of the lots in the development that are post World War II.

John Shutte, 14 Father Hayes Drive came forward and was sworn in by Atty. Faasse. Mr. Shutte said the road is improved going into his new house that he paid for according to Borough specs. The two storm drains on either side of Father Hayes Drive are drywells and they were cleaned out and almost brand new inside but they don’t handle the water that’s coming off of the subject project and down

the road now.  There’s a pretty bad drainage problem in the area and during the last rainstorm, the water was almost knee high and if this lot gets covered over with a house the drainage problem will only get worse.

Frank Morici, 4 Paul Place came forward and was sworn in by Atty. Faasse.

Mr. Morici told the Board he has a record of the public auction that took place when the property was sold to Mr. Alarcon. Mr. Morici passed the notice of public auction up to the dais so the Board could see it. The notice of public auction was marked Exhibit M-1. Mr. Morici said, he was never offered to buy the property from the Borough, as said previously in the meeting by Atty. Rubin that the Borough should have offered the property to him. Atty. Rubin told Mr. Morici the time for appeals has long gone by. Mr. Morici said he sent Mr. Alarcon several letters certified and regular offering to buy the property from him and Mr. Alarcon never responded to his letters.

 

PUBLIC DISCUSSION: Closed

 

MOTION TO DENY APPLICATION BECAUSE THE LOT IS TOO SMALL AND APPLICANT BOUGHT THE LOT SUBJECT TO THE BOROUGH ORDINANCES AND NO ONE WARRANTED THAT THEY WOULD BE ABLE TO BUILD ON THE LOT SO THEREFORE IT’S A SELF IMPOSED HARDSHIP: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig and Smith.

 

 

RECESSED AT 9:30 P.M.

 

RECONVENED AT 9:45 P.M.  Everyone present as before. Members Roberto and Shutte who excused themselves from the last application rejoined the Board Members.

 

APPLICATION #06-03 Lu-Anne Davies, 17 Decker Rd., Block 432 Lot 11 & 12, Bulk Variance:

Ms. Davies and her brother-in-law Glen Klodowski, 9 Cottage St., Midland Park, N.J. came forward and were sworn in by Atty. Faasse.

Ms. Davies said she drew the plans and her brother-in-law put the specs in. Ms. Davies said she is trying to create more space because she has seven children and three stepchildren and they can’t all eat together at the dinning room table.

Chairman Dunning brought up the fact that the deck off the master bedroom wasn’t shown on the survey plans. Eng. Gregor said it doesn’t require any variances but it does count in building coverage. Since there isn’t a coverage issue, and it’s in the rear of the property and there’s nothing close to rear yard issue, in his opinion it doesn’t require any additional variances. Eng. Gregor said it should be shown on

the site plan, the size and the location of it and should be shown that it is a second floor deck. Atty. Faasse asked about the shed that’s over the property line and Ms. Davies said she can move it. Ms. Davies also said when she bought the house 13 years ago there were two sheds and one has been removed. Ms. Davies said in order to move the shed she would have to build up part of the property and that would take some time to do. Ms. Davies is requesting to construct a two- story addition with a 2-car garage under the addition and a second floor onto the existing structure. Member Grygus asked if she planned on paving the new driveway and Ms. Davies said yes. Member Ludwig asked if this house will be comparable to the other houses on the street and Ms. Davies said it will be larger and the front yard setback would be comparable because some of the other houses are even closer to the street. Eng. Gregor asked if Ms. Davies was completely taking down the old house and building a new one and Ms. Davies said she is just adding on. Eng.  Gregor went over Item #5 in his report dated April 4, 2003 with regard to the driveway. Ms. Davies said she was hoping when she pulls the old driveway up she can use some of the space as part of the new driveway and, on the side next to the rock walls, she has flower beds in there and she wants to keep them. Eng. Gregor asked Ms. Davies if her driveway was going to be no wider than 20 ft. at the street line and Ms. Davies said she doesn’t think it’s that wide now and Eng. Gregor said he just doesn’t want to see a 30 or 40 ft. wide curb cut.

 

OPEN TO PUBLIC DISCUSSION:

Matthew Cogshall, 12 Decker Rd. came forward. Mr. Cogshall lives across the street from Ms. Davies and will be assisting Ms. Davies in this project and thinks this will be a great improvement to the neighborhood.

 

Debra Hansen Mauro, 21 Decker Rd. came forward. Ms. Mauro told the Board that Ms. Davies’ shed doesn’t bother her that it’s on her property and Ms. Davies can keep the shed where it is.

 

PUBLIC DISCUSSION CLOSED:

 

Member Grygus mentioned to Ms. Davies that building over the gas line will be at her own risk and not the Board’s. Eng. Gregor also added about building over the water line and that also will be her own risk. Ms. Davies told the Board she knows she has to call the gas company and water company so they can come out and mark the lines.

 

MOTION TO APPROVE THE APPLICATION BASED ON THE CONDITIONS THAT THE SHED BE RELOCATED WITHIN THE REQUIREMENTS OF THE BOROUGH ORDINANCES WHICH IS A MINIMUM OF 5 FT. FROM THE REAR PROPERTY LINE AND A MINIMUM OF 5 FT. FROM THE SIDE YARD

AND A FRONT YARD SETBACK VARIANCE OF 4.3 FT. AND ALSO THE CONDITION THAT THE DRIVEWAY NOT TO EXCEED 20 FT. IN WIDTH

AT THE STREET LINE AND BE PAVED AND THE SITE PLAN BE REVISED TO MATCH THE ARCHITECTURAL: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

 

PUBLIC DISCUSSION: None/Closed

 

RESOLUTION ON APPLICATION #19-02 Sheppard/Paz, 52 Smith Ave., Block 310, Lot 14, Bulk Variance:

 

Eng. Gregor corrected Atty. Faasse’s dimension as stated in the resolution and said the addition is 17’ X 20’ and not 17’ X 24’.

 

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto  and Smith.  Member Shutte not qualified.

 

MOTION TO MAKE A CHANGE ON THE SECOND PAGE OF THE RESOLUTION APPLICATION #19-02 Sheppard/Paz “NOW, THEREFORE, BE IT RESOLVED” CLAUSE CHANGE THE TOTAL NUMBER OF VARIANCES FROM 4 (four) TO 6 (six): made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto and Smith. Member Shutte not qualified.

 

RESOLUTION ON APPLICATION #02-03 David & Jill Szanto, 4 First St., Block 218 Lot 4, Bulk Variance:

 

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto and Smith. Member Shutte not qualified.

 

RESOLUTION ON APPLICATION #01-03 A.G.D. INC. – RITA’S ITALIAN ICE, 519 Ringwood Ave., Block 220 Lot 11, Site Plan, Bulk & Use Variance:

 

MOTION TO APPROVE: made by Member Grygus, seconded by member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto and Smith.  Member Shutte not qualified.

 

Atty. Faasse and the Board Secretary thanked Member Grygus for his help in setting up the motion on the Rita’s Italian Ice Application.

 

Eng. Gregor said the drawings submitted for A.G.D. Inc. (Rita’s Italian Ice) were suitable for signing by the Chairman and the Board Secretary.

 

CORRESPONDENCE:  No questions asked.

 

VOUCHERS: submitted by Atty. Faasse for Resolutions on Application #19-02 Sheppard/Paz for $115.00, Application #02-03 Szanto for $115.00, Application #01-03 A.G.D. Inc. (Rita’s Italian Ice) for $175.00, for a Grand Total of $405.00

 

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

 

VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #04-03 Alarcon for $385.00, Application #03-03 Wattenbach for $385.00, Application #02-03 Szanto for $385.00, Application #01-03 Rita’s Italian Ice for $558.00, Application #19-02 Sheppard for $226.00, for a Grand Total of $1,939.00.

 

MOTION TO APPROVE: made by Member Roberto, seconded by Member

 

Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto, Shutte and Smith.

 

MINUTES: from the March 12, 2003 Meeting.

 

MOTION TO APPROVE: made by Ludwig, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto and Smith.  Member Shutte not qualified.

 

ENGINEER’S REPORT: Eng. Gregor had no new applications to report.

 

DISCUSSION: Member Grygus wanted the Board to know that a day or two after last month’s meeting, he received a pleasant phone call from Mayor Hagstrom. Mayor Hagstrom had gone to the new deli (Deli Works) and was speaking with the new owners and the owners told Mayor Hagstrom that they were very happy with the Board and how they handled the application last month. They said they’ve been before many boards, and this Board was by far the best, and the Board was tough but fair. Member Ludwig also mentioned he was speaking to someone from the Chamber of Commerce and basically heard the same thing as Member Grygus heard.

Chairman Dunning mentioned the Kreloff property on Doty Road. The sale date for properties in the Borough has been changed from March 24th  to April 21st in the Municipal Building at 7:00 P.M.

 

 

MOTION TO ADJOURN AT 10:45 P.M.  Carried by a voice vote.

 

 

                                   

______________________________

                                                            Gerri Marotta

                                                Secretary to Board of Adjustment