BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

MINUTES

April 2, 2008

Regular Meeting

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 February 7, 2008 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, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Joseph D’Alessio, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Eric Willse and Michael O’Hanlon.

Application #23-06 Realty Associates Redevelopment, LLC, 547 Ringwood Ave., Block 231 Lot 11, Use Variance & Bulk Variances:

Atty. Faasse told the Board that Attorney Chewcaskie sent a letter saying he was unavailable for tonight’s meeting and asked to be carry to the May 7^th Meeting. Atty. Chewcaskie is giving the Board until June 4^th to vote on this application.

Atty. Faasse also mentioned a memo dated April 1, 2008 was received from Thomas Carroll, Borough Administrator (all members have a copy) with regard to Realty Associates Application does not include any COAH units and that the Borough has a significant “unmet need” obligation, and approving any development without addressing the COAH obligation only exacerbates this situation. Atty. Faasse said this memo was not sent to the applicant, therefore, directed the Board Secretary to send a copy of this memo to their attorney.

Chairman Dunning mentioned the Fire, Police and First Aid and have re-requested notification on this application and the only one that responded was the Police Department with a comment letter; nothing has been received from the Fire Department or First Aid Squad.

MOTION TO CARRY APPLICATION TO THE MAY 7^TH MEETING WITH AN EXTENSION UNTIL JUNE 4^TH: made by Member Ludwig, seconded by member D’Alessio, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard and D’Alessio.

Atty. Faasse said that Member Grygus gave the Board an affidavit saying that he listened to the tape of the March 5^th Meeting.

Chairman Dunning told the Board that Member Michael O’Hanlon also is not up to speed with the meetings and that he told the Board Secretary that because of his job he couldn’t make the meetings. Chairman Dunning said that the Board would probably be asking for a replacement for him. Chairman Dunning told the Board Secretary to ask for a resignation letter from Member O’Hanlon.

Application #02-08 William Englishman, 128 Greenwood Ave., Block 460 Lots 12 & 13, Minor Subdivision with Variances:

Atty. Faasse told the Board that Atty. Becker faxed a letter dated April 1^st asking for this application to be carried to the next hearing of May 7^th.

MOTION TO CARRY APPLICATION TO THE MAY 7^TH MEETING AND THE SECRETARY WILL SEND A 90 DAY EXTENSION LETTER: made by Member Covelli, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard and D’Alessio.

Application #03-08 Mary Dykhouse, 27 Smith Ave., Block 410 Lot 11, Bulk Variance:

Ms. Dykhouse came forward and was sworn in by Atty. Faasse.

The plan everyone should be looking at is the amended plan dated March 19, 2008. Chairman Dunning asked Ms. Dykhouse if she knew what the surveyor changed on her plan. Ms. Dykhouse said the surveyor added the 200 ft. properties and names, he added the setbacks of the accessory structure, added the size and setback of the proposed roof over the front porch and Engineer Frank Loscalzo did a “Storm Water Management Report”.

There was some discussion about lot coverage. Eng. Gregor said the pool was not included in the calculation for building coverage. Chairman Dunning said 4% is being added to the percentage of the house coverage; therefore if you go to 27% lot coverage, the applicant will need a variance for lot coverage because the applicant will be surpassing the 25% allowable coverage.

Chairman Dunning asked Ms. Dykhouse why she wanted to enlarge her house and she said because her family has grown out of the tiny house and there’s no storage space. Atty. Faasse told Ms. Dykhouse if she were granted permission for this addition, there is no way a Fire Truck could get to the back of her property; Ms. Dykhouse said she understood that. Atty. Faasse added that she wouldn’t even be able to get a backhoe back there either.

Chairman Dunning asked Eng. Gregor, by the applicant covering that portion of the driveway where the addition is going, is there adequate parking for two cars off-street? Eng. Gregor said yes there is because one car is in the garage and the other outside of the garage. Ms. Dykhouse said the existing fence will be extended to meet the house and where the addition will come out in back of the house where the garage is, additional fencing will be put in to meet the back of the garage.

OPEN TO PUBLIC DISCUSSION: None/Closed

Atty. Faasse asked Eng. Gregor if he went over the “Storm Water Management Plan” and Eng. Gregor said he did not, therefore the application would be subject to review of this plan.

MOTION TO APPROVE APPLICATION FOR A ONE AND A HALF STORY ADDITION WITH A GARAGE UNDER WITH THE FOLLOWING VARIANCES: FOR THE PROPOSED ADDITION A FRONT YARD VARIANCE OF 3.3 FT. WHERE THE APPLICANT IS PROVIDING 26.7 FT. WHERE 30 FT. IS REQUIRED BY ORDINANCE, FOR THE COVERED FRONT PORCH 4.11 FT. X 6 FT. GRANT A FRONT YARD VARIANCE OF 5FT. WHERE THE APPLICANT IS PROVIDING 25 FT. WHERE 30FT. IS REQUIRED BY ORDINANCE, A SIDE YARD SETBACK VARIANCE OF 11 FT.WHERE THE APPLICANT IS PROVIDING 4 FT. WHERE 15 FT. IS REQUIRED BY ORDINANCE, A TOTAL SIDE YARD SETBACK VARIANCE OF 24.7 FT. WHERE THE APPLICANT IS PROVIDING 10.3 FT. WHERE 35 FT. IS REQUIRED BY ORDINANCE, A VARIANCE FOR LOT COVERAGE OF 2% WHERE THE APPLICANT IS REQUESTING 27% WHERE 25% IS ALLOWED BY ORDINANCE, AND CONDITIONED UPON A “STORM WATER MANAGEMENT PLAN” ACCEPTED BY THE BOARD ENGINEER: made by Member Grygus, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard and D’Alessio.

Application #01-07 Parsco, Inc., 1255 Ringwood Ave., Block 464 Lot 23. Site Plan, Use & Bulk Variances:

Atty. Raymond Zierak with the law firm of Garofalo, Zierak & O’Neill, 60 Baldwin Rd., Suite 202, Parsippany, N.J. came forward on behalf of the applicant. The property is at the corner of Ringwood Avenue and First Avenue and the site of an existing gas station. The plan is to completely renovate that site by demolishing the existing building and gas pumps and installing two new sets of gas pumps with an overhead canopy and also adding a convenience store to the site. Tonight, testimony will be given by the engineer and planner but not the traffic expert because of a miscommunication with his office.

Atty. Zierak mentioned that one of the adjoining property owner’s is willing to sell some of his property to Parsco. Atty. Zierak has had several discussions with Atty. Bob Stober who is the attorney representing the neighbors, Jean & John Barbaro. They reached a tentative agreement subject to reducing it to a written agreement and satisfactory to the attorneys to purchase a portion of that property that’s contiguous to the lot.

At Atty. Faasse’s request, Atty. Zierak sent a letter on March 31, 2008 in which he listed the various variances that would be either eliminated or a reason why the property would be made non-conforming if this additional parcel were involved in the transaction. There is only one correction to the lot area; the lot area increases substantially from 19,644 sq. ft. to 31,000 sq. ft. with the purchase of the additional property and the additional proposed property is not going to change the site plan.

David Hals, PE, LS, PP of Schwanewede/Hals Engineering 9 Post Road, Suite M11, Oakland, N.J. came forward and was sworn in by Atty. Faasse. Eng. Hals has been a licensed engineer since 1984, Planner since 1986 and Land Surveyor since 1988.

Eng. Hals prepared the plans that were submitted for this application dated November 29, 2006 with a last revision date of January 8, 2008. Eng. Hals started describing the plans on the easel to the Board. The existing site is located in the southwest corner of First Ave. & Ringwood Ave.; there’s an existing service station on the site and an approximate 1300 sq. ft. building. It has one stand-alone pump island and has a separate dispenser that’s mounted adjacent to the building and presently there are two dispensing lanes for vehicles entering the site. The station is currently a Getty Station. Basically when you look at the site, the site is a service station that’s been in this location for over 60 years and the service station is an older type and is in need of sprucing up. There are parked cars around the station that they service on a daily basis. The site is fully paved basically from the property line to property line along Ringwood Ave. and then paves almost to the back portion of the building. The only landscape areas are non-paved areas located behind the building and little bit in the left hand rear corner of the building. The existing site is 13,074 sq. ft. or 0.30 acres and the property is located in the “B” Zone District and is a motor vehicle service station and is a Conditional Use in the “B” Zone District. They are here because one of the reasons is that they are proposing to modernize the service station and modernize the fueling station and part of that is that there are conditions along with that use and they do not meet the conditions of the ordinance, therefore, they are here for a Conditional Use. They will need a Use Variance for the Convenience Store with the Fueling Station and the Conditional Use with the Fueling Station. The property is approximately 130 ft. wide and has 125 ft. of frontage along Ringwood Ave. and has an additional 100 ft. of frontage on First Ave. Currently there are two curb cuts along Ringwood Ave.; the first curb cut is almost at the intersection of First Ave. & Ringwood Ave. and is approximately 10 ft. from the intersection of the two curb lines extended; the second curb cut is towards the southerly end of the property.

Submitted were seven (7) photographs taken on February 29, 2008 and taken by Eng. Hals. The photos are an accurate representation of the site. The photos were marked Exhibit A-3 consisting of 7 sheets. Eng. Hals continued to describe each photo. Eng. Hals mentioned the Getty Sign is going to be moved and the property to the south has difficulty of getting in and out of their property because of the sign location. The sign will be relocated not only for the applicant but also for the benefit of the adjoining property line and will be the exact same size. The minimum lot area for a fueling station is 40,000 sq. ft. and the current lot is 13,074 sq. ft., lot width requirement is 200 ft. and the current lot has a width of 112.97 ft., lot depth requirements is 100 ft. and the current lot has a depth of 99.9 ft., side yard setback requires 30 ft. and rear yard setback is 50 ft., and front yard setback is 100 ft., and currently the existing building has a setback of 40 ft. from Ringwood Ave.

Eng. Hals said they would be doing total demolition of the building, the fueling stations and the pump islands and also some new parking spaces are going to be added.

Constructed on the site after the demolition of the existing business will be; two new dispensing lanes or pump islands and constructing a stand-alone convenience store located on the southwest corner of the site. The proposed building will have an area of approximately 1100 sq. ft., the pump islands will be away from Ringwood Ave. by 18 ft. and this will allow enough room for a car refueling and also a car to pass by. When the trucks are refueling they will no longer be sitting on the sidewalk and impeding the pedestrian traffic on Ringwood Ave.; this will also give a clearer sight distance for exiting traffic from the site. They’re creating a pressed curb area along First Ave. to allow vehicles to come in and out of the site. The fueling stations will have four (4) dispensing stations and slightly staggered to permit the vehicles coming in and out and the free flow of traffic along the site. Provided will be six (6) parking spaces; four (4) along the westerly property line and two (2) along the southerly property line.

Atty. Zierak asked Eng. Hals about the additional property that the applicant will be purchasing, that Exhibit A-4 (Subdivision Sketch) indicates the area of the property to be purchased and a proposed lot line was drawn on it. Eng. Hals explained what they are proposing to do is to take the southerly property line and extend that in a westerly direction until it intersects their property line and that will encompass 17,972 sq. ft. of their property which will be annexed to the applicant’s and that annexation will increase the lot size to 31,046 sq. ft.

Member D’Alessio asked Eng. Hals about the effects there might be on the property because of the fuel tanks. Eng. Hals told him what is required when the tanks are removed, they are required to notify “DEP” get a case number specifically when the tanks are going to be removed and make sure the tanks are licensed and make sure they follow all of the regulations. If they do find any contamination a case number is established with “DEP” and then that is followed up and they’re required to go through any remediation that’s required by them. Atty. Faasse asked if there were any monitoring wells on the site and Eng. Hals said he didn’t see any.

Atty. Zierak asked Eng. Hals how he would characterize the convenience store that’s proposed for this site. Eng. Hals said it fits in the category of a mini-convenience store and 800 sq. ft. or less is classified as a “kiosk convenience store” from 800 to 1200 sq. ft. is a mini-convenience store, from 1200 to 2400 sq. ft. is a medium size convenience store and then a large convenience store is associated with a Quick Check or Seven Eleven and those are 2400 sq. ft. or larger. Atty. Faasse asked the proposed hours for the convenience store and Eng. Hals said it would be a 24-hour convenience store. Eng. Gregor wanted to know what will be sold in the convenience store and Eng. Hals said there would be: prepackaged ready to eat items, beverages in an interior cooler, all packaged items that you can grab and go, and there might be a coffee station.

RECESSED AT 9:49 P.M.

RECONVENED AT 10:02 P.M. All members present as before the break.

Eng. Hals said he had to amend a part of his testimony. The property owner informed him during the break that he had added a piece of the fence along First Ave. because customers use to go in there and park on the other side of the fence. Eng. Hals said he would have to go out there and see if there’s any vegetation specifically in that spot and if there’s not any, then they might be able to expand in that area and not require a “DEP” permit.

Atty. Faasse said he sees that the applicant will need a Subdivision and Eng. Hals said that’s correct.

A canopy is also being proposed for this site and will be over the top of the pump islands. It will cover both pump islands and will provide lighting over the pump islands and will be a safety aspect in terms of the operation of the pump islands for both the attendant and customers. It will also bring the pump islands out of the weather and has multiple benefits in terms of safety around the pumps for ice and snow removal and any inclement weather. The existing sign is being relocated from the southerly property line right at the intersection of Ringwood Ave. and First Ave. and setback 6 ft. from the property line on Ringwood Ave. and 8 ft. from the property line on First Ave., which will be in violation but they are doing several things with that such as relocating the sign so its out of visual lines of the next door neighbor and placing it in a location where its not going to be a visual impact of traffic exiting and entering from First Ave. and also won’t be a visual impact from the entrance or exit driveways from the site. They will need a variance for the Getty Sign and will be increasing the sign height from 17.3 ft. to 19 ft. Eng. Hals also stated that there will also be signage on the canopy. Chairman Dunning asked Eng. Gregor about the existing sign and once its moved will the new sign comply with the Sign Ordinance? Eng. Gregor said no and that those variances are listed in his report dated January 22, 2008 items 8 through 13.

Member Covelli said to Eng. Hals if he’s proposing landscaping at the corner of First & Ringwood Ave. and wanted to know on the A-4 Drawing about a strip that continues down from the south side of Ringwood Ave. Eng. Hals said the property line presently runs through the middle of the sidewalk. The County wants them to install a curb along the face of the sidewalk and there will be no plantings between the sidewalk and the drive isle. Eng. Hals said if and when they acquire the other property, at a minimum they would be able to put a 2-foot planter or a row of shrubs what he doesn’t know if they’re able to expand in that area and change the orientation of the parking, he might be able to expand it a little bit more and doesn’t have the answer right now.

Member Grygus asked Eng. Hals if he was proposing any window signs in the convenience store and Eng. Hals said no. Eng. Gregor said to Eng. Hals that he was talking about the canopy and Getty signs on the canopy and Eng. Gregor said he doesn’t recall seeing that anywhere in the site plan. Eng. Hals said its shown on Sheet 2 of 4 and also on the site plan on Sheet 1 of 4. These signs are internally illuminated and just the Getty sign is internally illuminated. Eng. Hals added that strip itself will be colored red but the Getty sign itself is the only portion that’s illuminated. Atty. Faasse told Eng. Hals with regard to the lighting on the canopy, that there are various intensity of lights for the canopy, so what the Board wants to make sure of is that the minimum is used because of the surrounding residential area. Atty. Faasse wanted to know if Eng. Hals could give the board the address of one of the facilities he has done engineering plans for that have similar canopy lighting, so if the Board Members wanted they could go and see what the signs look like.

OPEN TO PUBLIC DISCUSSION: None/Closed

MOTION TO CARRY APPLICATION TO THE MAY 7^TH MEETING: made by Ludwig, seconded by Member D’Alessio, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard and D’Alessio.

Member Frank Covelli left the meeting at 10:20 P.M.

Application #04-08 Steve Diamond, 39 Bergen Ave., Block 311 Lot33, Bulk Variances:

Mr. Diamond came forward and was sworn in by Atty. Faasse.

Mr. Diamond said basically he would like to put on a Covered Front Porch, a rear Covered Porch, Mud Room off the right side of his house and a Shed. Mr. Diamond’s plans were dated August 22, 2007 with one revision of March 17, 2008, along with a Site Drainage Report prepared by Gene Rotonda, NJPE. Chairman Dunning asked Mr. Diamond if he was going to place the Shed on the cement slab in the backyard and Mr. Diamond said yes.

Chairman Dunning asked if the rear space was a deck with a cover on it and Mr. Diamond said that’s an existing slab that was there for approximately 12 or 13 years and will be putting the Deck over that.

Member Grygus said to Mr. Diamond if he realized his proposed Front Porch is going to be built over the Water Line and Gas Service Line and Mr. Diamond said yes. Eng. Gregor told the Board that the revised plan addresses Items 9, 10 & 11 in his report dated March 3, 2008, and any action by the Board should be conditioned on review and approval of the “Storm Water Management Plan”.

Atty. Faasse said the variances needed are in Items 6 through 9 in Eng. Gregor’s report.

Atty. Faasse asked Mr. Diamond why he needs the additions that he’s asking for. Mr. Diamond said he has two cars in the garage and no place for the lawn mower or snow blower, tools, carriages and has outgrown the garage. Mr. Diamond also said he and his wife love porches and had it in his previous house and they enjoyed it and miss it. Chairman Dunning asked if the front porch blends in with other houses on the block and Mr. Diamond said there are others that are similar.

OPEN TO PUBLIC DISCUSSION: None/Closed

MOTION TO APPROVE APPLICATION FOR THE CONSTRUCTION OF A FRONT & REAR COVERED PORCHES AND A SIDE COVERED STAIR ENCLOSURE AND THE ADDITION OF A 10 X 12 FT. SHED THAT WILL REQUIRE THE FOLLOWING VARIANCES: A FRONT YARD SETBACK VARIANCE OF 10 ½ FT. WHERE THE APPLICANT IS PROVIDING 19 ½ FT. WHERE 30 FT. IS REQUIRED BY ORDINANCE, A SIDE YARD SETBACK VARIANCE OF 10.3 FT. WHERE THE APPLICANT IS PROVIDING 4.7 FT. WHERE 15 FT. IS REQUIRED BY ORDINANCE, A TOTAL SIDE YARD SETBACK VARIANCE OF 20.2 FT. WHERE THE APPLICANT IS PROVIDING 14.8 FT. WHERE 35 FT. IS REQUIRED BY ORDINANCE, A VARIANCE FOR LOT COVERAGE OF 8.8% WHERE THE APPLICANT IS REQUESTING 33.8% WHERE 25% IS ALLOWED BY ORDINANCE, A VARIANCE FOR THE CONSTRUCTION OF A 10 X 12 FT. SHED AS A SECOND ACCESSORY STRUCTURE, AND A CONDITION THAT IT BE BASED UPON A FAVORABLE AGREEMENT OF THE “STORM WATER MANAGEMENT PLAN” BY THE BOARD ENGINEER: made by Member Grygus, seconded by D’Alessio, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard and D’Alessio.

OPEN TO PUBLIC DISCUSSION:

Dave Da Silva, 108 Monroe St., came forward. Mr. Da Silva wanted to know if the new application packet was being used. Chairman Dunning said a statement was made at the last Mayor & Council Meeting that the packet was going to be used. Chairman Dunning did say the New Fee Schedule also was approved and is part of that packet.

Mr. Da Silva also said that it’s April and “D” Day in some peoples minds with regard to the Board of Adjustment being dissolved and wanted to know if the Board heard anything. Chairman Dunning said he will be going to the Mayor & Council Meeting on April 14^th and will find out what’s going on. Mr. Da Silva also wanted to know what applications haven’t made the Agenda yet. Eng. Gregor said he believes it’s the “Arrow Group” Application in which they want to renovate a portion of the building and add some office space and will be on the May Agenda.

RESOLUTIONS: None

CORRESPONDENCE:

Chairman Dunning said all the members should have a copy of Tom Carroll’s memo on the COAH Obligation with regard to Realty Associates.

Chairman Dunning mentioned the flyer for the Municipal Land Use Law classes and for members who haven’t attended yet. Chairman Dunning asked Member D’Alessio if he’s signed up yet and told him if not, to get in touch with the Board Secretary and she will take care of it.

A report dated March 11, 2008 from the County on the Staropoli Application.

A letter dated March 11, 2008 from Atty. Anthony Fiorello to Atty. Ralph Faasse concerning Block 428, Lots 6,9,10,11 & 13.01, 28 Greenwood Ave. & Gorge Road owner is John DeDiminicantanio, with regard to Deeds and a Developer’s Agreement. The Board Secretary was told to give this correspondence to the Building Inspector.

Attorney Faasse said he was sent a copy of a Complaint filed with the Clerk of the Court dated March 17, 2008 with regard to Ruth Ann Elwood and Dean Builders, Inc. v. Zoning

Board of Adjustment of the Borough of Wanaque. The attorneys (Nashel Kates Nussman Rapone & Ellis, LLP) would like Atty. Faasse to acknowledge service on behalf of the Board of Adjustment. Atty. Faasse asked the Board if they want to authorize him to accept service and represent the Board in conjunction with this litigation.

MOTION TO LET THE BOARD’S ATTORNEY, RALPH E. FAASSE ACCEPT SERVICE AND REPRESENT THE BOARD IN CONJUNCTION WITH THIS LITIGATION: made by Member Grygus, seconded by member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard and D’Alessio.

Member Grygus told the Board he has an Annual Report for 2007 (NJSA 40:55D-70.1) that will be submitted to the Borough Administrator, Thomas Carroll. In 2007 there were seven (7) applications, five (5) of the seven (7) were Use Variances and therefore they are not recommending any additional code changes at this time. This report is required by

MOTION TO SUBMIT THE REPORT TO THE BOROUGH ADMINISTRATOR FOR THE 2007 APPLICATIONS THAT THE BOARD HEARD: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard and D’Alessio.

VOUCHERS: submitted by Eng. Gregor for Application #01-08 Arrow Industries for $210.00, Application #04-08 Diamond for $495.00, for a Grand Total of $705.00.

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Hoffman, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard and D’Alessio.

MINUTES: from the March 5^th Meeting.

MOTION TO APPROVE: made by Member Leonard, seconded by Member Ludwig, voting yes were Chairman Dunning, Hoffman, Ludwig, Leonard and D’Alessio.

Member Grygus was not qualified.

ENGINEER’S REPORT: Eng. Gregor reported one new application for Arrow Group Industries for the May Agenda.

Chairman Dunning mentioned that there is a new architectural plan and a new site plan with revisions on both for Realty Associates. Basically what they did was to take all of the Board’s comments and revised the plans. Eng. Gregor said what he should do is review these news plans prior to the Board voting on the application.

Chairman Dunning asked Eng. Gregor to review the plans for Arrow Group as soon as possible so they can get this application up to speed.

DISCUSSION: None

MOTION TO ADJOURN: at 11:01 P.M. carried by a voice vote.

_____________________________

Gerri Marotta

Board of Adjustment Secretary