BOARD OF ADJUSTMENT MEETING
MINUTES
APRIL 7, 2004
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 8th
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 William Grygus, Frank Covelli, Peter
Hoffman, Don Ludwig, John Shutte, Lee Smith, Attorney Ralph Faasse and Eng.
William Gregor.
MEMBERS ABSENT: Members Chris Demetriou and Ted
Roberto.
APPLICATION #09-03 Wanaque Manor Associates, Portion of Properties along Jefferson St. & Boulevard, Amended Preliminary & Final Site Plan & Conditional Use Variance, Authorized Agent is Peter A. Buchsbaum, Esq.
Arren
Goldman from Atty. Buchsbaum’s office came forward. Mr. Goldman explained that
Atty. Buchsbaum couldn’t be here tonight due to a medical emergency with his
son, therefore, they are requesting that the application be carried to the next
meeting. Atty. Faasse explained he received a call from Patti, Atty. Buchsbaum
secretary explaining the circumstances. The Board Secretary also received correspondence
from Atty. Buchsbaum’s office explaining the reason why this application will
have to be carried and in the letter they are agreeing to extend the time in
which action will be taken until the end of June 2004.
Atty.
Faasse mentioned that the Board was promised engineering/architectural plans by
March 15th and Mr. Goldman said he knew nothing about the
application and was told just to come tonight to represent Atty. Buchsbaum and
to let the Board know they wished to be carried. Chairman Dunning said a site
visit had been set up and was postponed.
MOTION TO CARRY TO THE MAY 5TH MEETING WITH THE UNDERSTANDING THAT A REPRESENTATIVE FROM THE LAW FIRM REPRESENTING THE APPLICANT IS HERE TONIGHT TO HEAR THAT THE BOARD IS STILL WAITING FOR ARCHITECTURALS & ENGINEERING DRAWINGS AND A DATE TO PROVIDE A STAKE OUT OF THE LOCATION AND THAT THE REPRESENTATIVE FROM THE ATTORNEY’S OFFICE HAS INFORMED THE BOARD ON THE RECORD THAT HE WILL CARRY THAT MESSAGE BACK TO THE APPLICANT’S ATTORNEY: made by Member Covelli, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Shutte and Smith.
Mr. Goldman wanted to clarify that the time and place for the next meeting and that no further notice is required. Atty. Faasse added, that Mr. Goldman should tell Atty. Buchsbaum that the Board needs those documents mentioned earlier or else the Board will have to dismiss the application.
APPLICATION #20-03 Manuel O. Hoyos, 105 Conklintown Rd., Block 200 Lot 3.01, Bulk & Use Variance:
No
one came forward on this application. The extension letter in the file expires
May 6, 2004.
MOTION TO DISMISS APPLICATION WITHOUT PREJUDICE DUE TO
LACK OF PROSECUTION:
made by Member Grygus, seconded by Member Shutte, voting yes were Chairman
Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Shutte and Smith.
Board
Secretary directed to send letter to applicant advising him of the Board’s
motion.
APPLICATION #23-03 Grace Montanye, 13 Orchard St., Block 308 Lot 7, Use Variance:
The
applicant’s authorized agent, Kevin Boswell of Boswell Engineering, faxed a
letter to the Board Secretary asking to be carried to the May 5th
Meeting, due to a tragic circumstance in his family.
MOTION TO CARRY TO THE MAY 5TH MEETING: made by Member Grygus,
seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus,
Covelli, Hoffman, Ludwig, Shutte and Smith.
APPLICATION #02-04 Stanislaw & Olga Tokarz, 48 Furnace Ave., Block 219 Lot 1.01, Bulk & Use Variance:
Mr.
Tokarz came forward and was sworn in by Atty. Faasse.
Atty.
Faasse asked if the applicant got a copy of Eng. Gregor’s report dated March
30, 2004 and Mr. Tokarz said he received it tonight.
Eng.
Gregor said he had received revised architectural drawings, but he has not
received a revised site plan. On the architectures, they relocated the steps
that were on the side of the house to the front and now the Board has an
application with two drawings that don’t agree. There were also other items in
Eng. Gregor’s report that had to be handled either by the architectural
drawings or the site plan and most likely the site plan drawing that have not
been addressed. Eng. Gregor read his report dated March 30, 2004.
Atty.
Faasse said there is more information needed on this application before the
Board can consider this application.
Chairman
Dunning suggested to the applicant to have his surveyor and the architect talk
to Eng. Gregor so the information missing can be addressed.
The
applicant signed a 90-day time extension.
MOTION TO CARRY APPLICATION TO THE MAY 5TH
MEETING: made by Member
Ludwig, seconded by Member Smith, voting yes were Chairman Dunning, Members
Grygus, Covelli, Hoffman, Ludwig, Shutte and Smith.
APPLICATION #03-04 Zbigniew Surowiec, 11 North Maple Ave., Block 302 Lot 12.01, Bulk Variance:
Zbigniew
Surowiec and Civil Engineer Gungor Bastug came forward. Chairman Dunning
announced that there is a problem with this application because it needs a Use
Variance. Chairman Dunning said the dwelling is a duplex which is a
non-conforming two family in the R-15 Zone. Eng. Gregor said there were one or
two garages at one time and at least one garage that was located within the structure
was being converted into a kitchen/dinette/area, and in addition to that, they
are building a two-car garage. This constitutes an expansion of a pre-existing
non-conforming use, therefore, a Use Variance is required and on the
application there is no Use Variance being requested. Chairman Dunning
explained that the applicant would have to start all over again by re-noticing
and applying for a Use Variance. Eng. Bastug said, unfortunately a permit was
issued to make the changes within the existing house and also the construction
of the garage and that garage is 50% completed and 100% completed in the
kitchen. The permit was issued on August 13, 2003. The only reason they are
here is because they were told to prepare another survey to show what was on
the property and there was an issue about some drain lines. Mr. Surowiec
explained he was only here because he wanted to increase the height of the
garage in order to use it for storage.
Chairman
Dunning said they couldn’t proceed with this application until they re-notice
the general public showing that the applicant is requiring a Use Variance along
with the Bulk Variances. Eng. Gregor added, that he would like to know where
the drainage goes and if no one knows, he’ll go out into the field and do some
research.
Eng.
Bastug said he would gladly join Eng. Gregor when he makes the visit to the
site. Eng. Gregor wanted to know about the driveway and Eng. Bastug said the
driveway would remain as is which is a gravel driveway.
Chairman
Dunning summed up by saying the applicant will amend his application to include
a Use Variance.
MOTION TO CARRY APPLICATION TO MAY 5TH MEETING
SO THAT THE APPLICANT CAN AMEND HIS APPLICATION TO INCLUDE A USE VARIANCE ALONG
WITH REQUIRED BULK VARIANCES AND TO RE-NOTIFY THE PUBLIC AND ADVERTISE IN THE
PAPER: made by Member
Grygus,
seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus,
Covelli, Hoffman, Ludwig, Shutte and Smith.
Mr.
Rod Nyennatee Lewis, Architect for Mr. Manuel O. Hoyos, Application #20-03 came
into the courtroom. Atty. Faasse informed Mr. Nyennatee that the application
was dismissed at about 8:05 P.M. because no one was here to represent the
application.
Atty.
Faasse told Mr. Nyennattee that Mr. Hoyos would have to re-apply.
APPLICATION #15-03 David Brett, 11 Mullen Ave., Block 239 Lot 1, Bulk Variance:
David
Brett came forward and was sworn in by Atty. Faasse.
Mr.
Brett is requesting a variance for a 12 X 18 shed. Atty. Faasse asked Mr. Brett
if he received a copy of Eng. Gregor’s report dated March 30, 2004 and he did
receive it this evening.
Eng.
Gregor said Mr. Brett’s survey doesn’t have a zoning table, it doesn’t show
what zone his property is in, no propose treatment for the front of the shed or
the side of shed to see whether its going to have a paved area, gravel area or
sidewalk. Eng. Gregor went on to say there are a lot of unknowns because all
the Board has is a survey and no propose. It was suggested that Mr. Brett’s engineer
contact Eng. Gregor.
MOTION TO CARRY TO THE MAY 5, 2004 : made by Member Grygus,
seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus,
Covelli, Hoffman, Ludwig, Shutte and Smith.
RECESSED AT 9:03 P.M.
RECONVENED AT 9:14 P.M. All members
present as before the recess.
APPLICATION #05-04 Suzanne Raoul, 8 Father Hayes Dr., Block 307 Lot 1.03, Use Variance:
Ms.
Suzanne Raoul came forward and was sworn in by Atty. Faasse. Chairman Dunning
informed the Board they should be looking at Surveyor John Miceli’s plan
received Mach 8, 2004 with a revision date of March 2, 2004.
Eng.
Gregor went over his report dated April 5, 2004. (All members have a copy.)
Chairman
Dunning asked the applicant what’s the reason for doubling the size of this
house. Ms. Raoul said her daughter will be living there and right now it’s only
a little cape cod and it’s more economical to expand than to buy another house.
Member Grygus wanted to know if they intend on leaving the driveway gravel and
Ms. Raoul said it would be a paved driveway after the construction. Eng. Gregor
asked that Ms. Raoul’s engineer note that on the plan.
Ms.
Raoul said there would be three bedrooms on the second floor and the downstairs
will have a kitchen, dinning room, living room and no sleeping quarters. The
house will be a true colonial when completed. Eng. Gregor recommended a
stormwater management plan should be provided to address any increase in
in
stormwater runoff. Eng. Gregor said,
basically this will be a rather large house on a relatively conservatively
sized lot, and if there’s drainage available in the street it can be piped to
that drainage, if this doesn’t suffice, one or two seepage pits in the yard
area would normally provide adequate drainage.
Eng.
Gregor also asked what size is the existing water main in the street and Ms.
Raoul handed over a memo from Mike Reiff, Borough of Wanaque Assistant Water
Supervisor dated April 7, 2004 which stated the existing size of the water main
in front of 8 Father Hayes Drive is an 8 inch ACP Water Pipe. (This was marked
Exhibit A-1.)
OPEN TO PUBLIC DISCUSSION: None/Closed
MOTION TO APPROVE WITH A FRONT YARD SETBACK OF 24.7 FT. WHERE 30 FT. IS REQUIRED BY ORDINANCE FOR A VARIANCE OF 5.3 FT., A SIDE YARD SETBACK OF 8.8 FT. WHERE 15 FT. IS REQUIRED BY ORDINANCE FOR A VARIANCE OF 6.2 FT., SUBJECT TO THE DRAWINGS BEING REVISED TO REFLECT THE TOTAL SIDE YARD SETBACK OF 39.4 FT., TO ADD THE APPLICANT’S/OWNER’S NAME TO THE DRAWING AND TO ADD THE SIZE OF THE WATER MAIN AND ADD THE WORDS PAVED DRIVEWAY ON THE DRAWING, AND SUBJECT TO THE STORMWATER MANAGEMENT PLAN TO BE REVIEWED BY THE BOARD ENGINEER AND BOARD: made by Member Covelli, seconded by Member Smith, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Shutte and Smith.
PUBLIC DISCUSSION: None/Closed
RESOLUTION DENYING APPROVAL FOR APPLICATION #22-03 Kera Investments, LLC, 4 Shady Ave., Block 421 Lot 13 & 18, Bulk & Use Variance:
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Covelli, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Shutte and
Smith.
CORRESPONDENCE: Eng. Gregor mentioned there are new Residential Site
Improvement Standards (RSIS). Eng. Gregor strongly recommended that the Board
Secretary order copies of this for the Board Members.
MOTION TO ORDER 12 CCOPIES OF THE “RSIS” REVISED STANDARDS:
made
by Member Smith, seconded by Member Hoffman, voting yes were Chairman Dunning,
Members Grygus, Covelli, Hoffman, Ludwig, Shutte and Smith.
VOUCHERS: submitted by Atty. Faasse for Professional Services on Resolution #22-03
Kera Investments, LLC, for $125.00.
MOTION TO APPROVE: made by
Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning,
Members Grygus, Covelli, Hoffman, Ludwig, Shutte and Smith.
VOUCHERS: submitted by Eng. Gregor for
Engineering Services for Application #09-03 Wanaque Manor for $220.00, Application
#20-03 Hoyos for $220.00, Application #22-03 Kera Investments for $275.00,
Application #02-04 Tokarz for $220.00, Application #23-03 Montanye for $165.00,
Application #15-03 Brett for $165.00, Application # 05-04 Raoul for $165.00,
for a Grand Total of $1430.00.
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Grygus, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Shutte and
Smith.
MINUTES: from the March 3, 2004 Meeting.
MOTION TO APPROVE: made by Member Grygus, seconded by Member Ludwig, voting
yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Shutte and
Smith.
ENGINEER’S REPORT: Eng. Gregor said
the only thing he has new is to review some conceptual site plans from David
Donus, a multi family property at 1019 Ringwood Ave.
Member
Grygus asked Eng. Gregor what was going on with the Zikra (C Town) or “Dunkin
Donuts” properties. Eng. Gregor said on Zikra there’s absolutely nothing going
on and with “Dunkin Donuts”, Eng. Gregor can’t do any work because their escrow
is deficient and he has been told not to do any further work.
DISCUSSION: Eng. Gregor said he has instituted some new procedures on requiring some
additional information that he feels is necessary for the Board to review applications
and added the requirement for a Stormwater Management Plan. Member Grygus said
he thinks that Eng. Gregor has to get involved on the early end of an
application with Jeff before these applicants are showing up and wasting
another whole month and finding out that their plans are deficient. Eng. Gregor
agreed with Member Grygus and said what use to happen is the applicant’s
felt
free to call him and he could talk to them on the phone or see them during a
site inspection and give them a tip of what else they needed.
Member
Covelli said Eng. Gregor is getting the application 10 days before the Board is
getting it. Member Covelli said he agrees with Member Grygus as far as Eng.
Gregor getting involved at the early end of the application. Member Covelli
said there were five applications tonight and the Board had a beautiful
opportunity with “Wanaque Manor Associates” not being here tonight, and all the
Board did tonight was postpone these applications. Member Covelli said what he
understands is that the application package is getting to Eng. Gregor and Atty.
Faasse as soon as the Building Inspector, Jeff Brusco, deems it complete.
Member Covelli would like to see a system where Eng. Gregor could send a fax on
what is required on the application to the applicant or their designated
engineer/architect or whoever.
Eng.
Gregor said the potential problem with that is; applications usually come in
piece meal and what he tries to do in the interest of saving time and money is
group his site inspections and then does his reports. He can’t always do his
site inspection as soon as he receives the application because he may be tied
up for a couple of days and when he does his site inspections, he may have to
call somebody to get more information and that may take a day or two. Member
Covelli said his point is the applicants are getting nailed when they come in
the door the night of the meeting and telling them that their plans are
incomplete, missing dimensions, your dimensions don’t line up etc., and their
given a report at the same time.
Member
Grygus suggested that maybe Jeff could send the package to Eng. Gregor and
Atty. Faasse to take a cursory look at it to see if its deficient of anything,
in order to stop the applicants from coming in to a meeting and then coming
back again.
Chairman
Dunning said he would talk to the Building Inspector, Jeff Brusco, about what
was discussed tonight with the applications being deemed complete.
MOTION TO ADJOURN AT 10:20 P.M.: made by Member Hoffman and seconded by Member Smith,
carried by a voice vote.
_________________________________
Gerri
Marotta
Secretary
to Board of Adjustment