BOARD
OF ADJUSTMENT MEETING
MAY
5, 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 Frank Covelli, Peter Hoffman, Don Ludwig,
Chris Demetriou, Lee Smith, Attorney Ralph Faasse and Eng. William Gregor.
MEMBERS ABSENT: William Grygus, Ted Roberto and
John Schutte.
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.
Correspondence was received from Atty. Buchsbaum
informing the Board that his client has executed the Contract of Sale of his
property to the Borough of Wanaque. The contract provides for a 45-day period
to resolve certain conditions. Under the circumstances, Atty. Buchsbaum is
asking that at the Board’s May 5th Meeting, the Board carry the
matter without further notice to the June 2nd Meeting. By June, he
would expect all conditions to be resolved, and maybe then either discontinue
the application entirely or set a new date in September which would be after
the closing is currently scheduled. In any event, Atty. Buchsbaum is asking the
Board to confirm that they have no objection to continuing the matter at the
May 5th Meeting until June.
MOTION TO CARRY TO THE JUNE 2ND MEETING:
made by Member Ludwig, seconded by Member Hoffman, voting yes were Chairman
Dunning, Covelli, Hoffman, Ludwig, Demetriou and Smith.
APPLICATION #02-04 Stanislaw & Olga Tokarz, 48 Furnace Ave., Block 219 Lot 1.01, Bulk & Use Variance:
No one was present for this application. This application was carried from last month and the Board was waiting for additional information that hasn’t been received.
MOTION TO TABLE APPLICATION UNTIL LATER IN THE
MEETING: made by Member Hoffman,
seconded by Member Covelli, voting yes were Chairman Dunning, Members Covelli,
Hoffman, Ludwig, Demetriou and Smith.
APPLICATION #03-04 Zbigniew Surowiec, 11 North Maple Ave., Block 302 Lot 12.01, Bulk Variance & Use Variance:
Revised
plans were received on this application April 23, 2004 and all members have a
copy.
Atty.
Faasse explained to the applicant that a Use Variance requires five (5)
affirmative votes and tonight the Board only has six members present who can
vote. If the applicant wants to, he has the right to carry the application to
the next meeting in hopes there will be more members present to vote. Mr.
Surowiec’s Engineer, Gungor Bastug told the Board they will take the chance and
would like to proceed tonight. Atty. Faasse swore in Mr. Surowiec and Engineer
Bastug.
Eng.
Bastug is with the firm of GMG Engineering & GMG Construction Inc., 190 E.
Magnolia Avenue, Maywood, N.J. 07607.
Eng.
Gregor went over his report dated April 2, 2004. Since this report was last
done, the applicant has included a Use Variance to his application, which takes
care of items 1 through 4 of Eng. Gregor’s report. Item 5 which states; Since
use variances will be required, we recommend that a Site Plan be prepared in
accordance with Section 114-33 of the Borough Code. Eng. Gregor said he did
receive a revised plan and it is not in conformance with Section 114-33. Item 6
states; Architectures should also be provided showing the existing and proposed
floor plans and elevations. Eng. Gregor said, this was not provided to the
Board. Item 7 states; The Site Plan should also provide details of the existing
driveways and the proposed driveway. Eng. Gregor’s recommendation is that the
driveway be paved and is currently a gravel driveway. Item 8 states; The Site
Plan should show four properly sized parking areas for the two-family
structure. Eng. Gregor said the applicant indicated that there are two macadam
spaces in front of the brick dwelling which is proposed to remain in addition
to the long driveway going to the two car garage and he is showing two parking
spaces which Eng. Gregor can’t figure out how they’re going to get in and out
of in the driveway.
Eng. Bastug said the two additional parking spaces, as mentioned in Item 8, is the garage itself, therefore, there are two existing spaces in the front and then there are another two on the side. Chairman Dunning said, what Eng. Gregor is questioning, is that the Board was supplied with an updated drawing and two parking spaces are shown at an angle across the driveway, how does it work? Eng. Bastug said you either park in the garage or outside. Eng. Gregor said, these spaces are shown as angle parking spaces and in order to get in or out of these spaces you would have to drive on the grass. Mr. Surowiec said with a 40 ft. space, you don’t have to go on the grass. Eng. Gregor said, the Ordinance states, you need two parking spaces per dwelling unit. Eng. Gregor said the garage can accommodate two vehicles and asked if they were planning on parking two vehicles in the garage and Eng. Bastug said yes. Eng. Gregor said, they can park one vehicle behind those vehicles in the garage spaces for the four spaces needed as long as each family has unobstructed access to the street. Eng. Bastug said they could change their drawing accordingly.
Eng.
Gregor added, since the applicant has a long driveway, it would be recommended
by the Board and is also encouraged by the Ordinance, to eliminate the two curb
cuts in front of the dwelling unit and put all of the parking in the existing
driveway and garage. Eng. Gregor also said, the recommendation is to pave the
driveways and the storm water management to be included to accommodate the
additional and impervious surface. The recommendation to pave driveways is a
Borough recommendation and not Eng. Gregor’s and Eng. Gregor’s job is to
present those recommendations and enforce them whenever he can.
Chairman
Dunning said, the applicant’s proposal to the Board is to abandon the use of
the two front driveways and send a revised sketch to Eng. Gregor showing the
parking of two cars in the two car garage and cars on the outside in front of
the garage and that will give the applicant his four spaces. The applicant will
also let the Board know whether he will pave or gravel the driveway.
OPEN TO PUBLIC: None/Closed
MOTION TO APPROVE FOR A 6 FT. VARIANCE FOR THE HEIGHT OF
THE GARAGE, USE VARIANCE FOR THE EXPANSION OF A NON-CONFORMING USE, APPLICANT
HAS TESTIFIED HE WILL REMOVE THE TWO MACADEM PARKING PLACES IN THE FRONT YARD
AND PROVIDE OFF STREET PARKING FOR FOUR CARS WITH TWO IN THE GARAGE AND TWO
DIRECTLY BEHIND THE GARAGE: made by Member Ludwig, seconded by Member Covelli, voting yes were
Chairman Dunning, Members Covelli, Hoffman, Ludwig, Demetriou and Smith.
APPLICATION #23-03 Grace Montanye, 13 Orchard St., Block 308 Lot 7, Use Variance: Authorized Agent is Eng. Kevin Boswell
Eng.
Kevin J. Boswell of Boswell Engineering, 330 Phillips Ave., South Hackensack,
N.J. came forward on behalf of Ms. Montanye. Ms. Montanye was unable to be here
because of medical reasons. Eng. Boswell told the Board there is a notarized
document on file authorizing him to represent Ms. Montanye.
Atty.
Faasse swore in Eng. Boswell.
Eng. Gregor mentioned there is a signed and sealed survey in the file prepared by Harold Carnegie, LS dated June 27, 2003; also a parking lot layout prepared by Eng. Kevin Boswell dated January 23, 2004. Subsequent to that, a letter was sent to Eng. Gregor from Eng. Boswell dated April 29, 2004 which included four (4) photos depicting the current conditions associated with Mrs. Montanye’s driveway. Eng. Gregor also mentioned he has a sketch of the floor plan for the first and second floors unsigned and undated. The only change to that floor plan, Eng. Boswell said, would be an interior door on the first floor to separate the first floor from the
second
floor. Eng. Boswell said his office did prepare those documents and would be
happy to sign and seal them at anytime. Eng. Boswell said the parking layout
depicts four (4) parking spaces and one, two and three are 9 X 18 spaces, and
parking space four is a 9 ft. and is 18’ on one side and 15’ on the other. Ms.
Montanye lives on the end of a dead-end street and she backs up to the old rail
right-of-way because there’s really no traffic. There’s also a vacant piece of
level property adjacent to Ms. Montanye’s home that is not occupied. Eng.
Boswell said he did speak with Eng. Gregor about the ability of parking four
(4) cars on the driveway and he did confirm today, with field measurements,
that spaces one and two could function independently without requiring any
relocation of any cars. Obviously three and four being tandem as they stack in
the driveway would be required to be relocated or backed out to allow either one
or two to access the property. Eng. Boswell did confirm today, that if you go
back eighteen (18) feet and you measure at the minimal dimension there is a
minimum dimension of sixteen (16) feet between the two vehicles, and Ms.
Montanye drives an Explorer and its just under 7 ft. in width, therefore,
sixteen (16) feet would be more than adequate. The driveway exists, and as
indicated on the Parking Layout Plan, there is an existing concrete patio
immediately in front of parking spaces one and two. The fence in the photos has
been replaced by a vinyl fence, there is a slight grade change, the concrete
patio is three or four inches higher than the existing asphalt in that area and
Eng. Gregor did make mention of the fact that there is a planter along the side
of the house. In addition to the planter, there is a bay window along the side
of the house which projects approximately 2 ½ feet out between the planter and
the house. Eng. Boswell added that parking spaces one and two can function
independently and three and four would have to back out onto Orchard Street.
Ms. Montanye lives alone and has a single car.
Chairman
Dunning told Eng. Boswell that Ms. Montanye does not live on a dead end street
and that the street goes through to North Maple. Chairman Dunning asked Eng.
Boswell, if the people living upstairs are parking in #1 or #2 slot, and car #3
pulls in, how would car #1 and #2 get out? Eng. Boswell said Ms. Montanye would
have to back out or make previous arrangements. Chairman Dunning asked if there
was any other way to make that work? Eng. Boswell said not within the confines
of the property unless you went back and ripped up the entire backyard, pulled
out the pool and created essentially a parking lot area to the rear of the
house, there is no other way you could effectively do that because of the angle
nature as you can see on the site plan. Chairman Dunning told Eng. Boswell,
when you grant a variance like this, you grant it for the life of the property.
Chairman
Dunning asked Eng. Boswell why does Ms. Montanye want to convert this house
into a two family. Eng. Boswell answered by saying, Ms. Montanye raised a
family there and has lived there for thirteen years; she is living there alone
and she’s looking for some means to remain in the home, and this is the only
way that reasonably works for her. Chairman Dunning said so basically this is a
rent
generation. Eng. Boswell said Ms. Montanye’s son and
daughter-in-law were living there and when they moved out, obviously she lost
the immediate family criteria,
and
the apartment exists from that period in time and now she is seeking to use it
as a rent generator. Eng. Boswell said he could go into a whole bunch of
hardship issues that are personal, but he doesn’t know if that is pertinent to
this application.
Member
Smith asked Eng. Boswell if the property to the east is privately owned and
Eng. Boswell said yes. Eng. Boswell said in this neighborhood there is a
mixture of one and two family homes. Member Ludwig said a site plan should have
been presented tonight showing the surrounding uses and also something on paper
showing how the parking can work. Eng. Boswell said he could prepare a
presentation and submit it as a matter of record.
OPEN TO PUBLIC:
Marie
Broughman, 1 New Street, came forward. Ms. Broughman wanted to know what zone
the property is in. Ms. Broughman was told R-10.
CLOSE PUBLIC PORTION:
MOTION TO CARRY TO THE JUNE 2ND MEETING TO GIVE
THE APPLICANT SUFFICIENT TIME TO COME UP WITH A BETTER PARKING PLAN THAT WORKS,
A SKETCH SHOWING THE SURROUNDING USES AS TO SINGLE FAMILY AND TWO FAMILY
DWELLINGS AND SOMETHING TO SUPPORT THE CHANGE IN USE: made by Member Ludwig, seconded by Member Covelli,
voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Demetriou.
Member Smith voted no.
MOTION TO PUT APPLICATION #02-04 TOKARZ BACK ON THE TABLE: made by Member Smith, seconded by Member Covelli.
No
one came forward on this application at 9:10 P.M.
Chairman
Jack Dunning asked Eng. William Gregor to follow-up and find out whether or not
the applicants are proceeding with this application; if they are proceeding,
the Board needs documents to support Drawing A or Drawing B.
MOTION TO CARRY TO THE JUNE 2ND MEETING: made by Member Ludwig,
seconded by Member Demetriou, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig, Demetriou and Smith.
APPLICATION #15-03 David Brett, 11 Mullen Ave., Block 239 Lot 1, Bulk Variance:
Eng.
Gregor said a survey was received dated August 15, 2003 by John Miceli, L.S.
Eng. Gregor in his report dated March 30, 2004 requested a Site Plan and should
be in accordance with Section 114-33 of the Borough Code. This Site Plan has
not been
received.
Mr. Brett said he wasn’t able to obtain the Site Plan yet and requested to be
carried to the June 2nd Meeting.
MOTION TO CARRY APPLICATION TO THE JUNE 2ND
MEETING: made by Member
Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig, Demetriou and Smith.
RECESSED AT 9:18 P.M.:
RECOVENED AT 9:37 P.M.: All present as
before the break.
APPLICATION #06-04 “Catlas Construction, LLC” K. Douglas Smith, 17 Makemoney Ave., Block 403 Lot 86, Bulk Variance:
Steven
Mainardi of the law firm of Mainardi & Mainardi, 1044 Rt.23 North, Wayne,
N.J. representing the applicant came forward.
Atty.
Mainardi explained he just received Eng. Gregor’s report tonight which
recommends that the Board deem the application incomplete along with the other
Application #07-04 “Catlas Construction, LLC”, K. Douglas Smith 20 Makemoney
Ave., Block 402 Lot 94, Bulk Variance.
Atty.
Mainardi explained that the properties are actually part of an Estate of Mr.
& Mrs. Struble who are the owners and “Catlas Construction, LLC” is the
purchaser under contract.
Chairman
Dunning brought up the fact that there is an easement through the property and
the Wanaque South Project that has two manholes in front of the property. Eng.
Gregor said he has done some investigation and the pipe is reportedly in the
right-of-way. Eng. Gregor said, one of the reasons he recommended that the
application was incomplete was because all utilities are to be shown on the
site plan and Eng. Gregor at the time he did his report, didn’t know where the
pipe was.
Eng.
Gregor went over his report dated April 27, 2004. (All members were given
copies).
Atty.
Mainardi said he knows that drainage issues are important to the Board and
would have no objection to carrying this application over to the June 2nd
Meeting.
Eng.
Gregor recommended that the applicant read Chapter 74A of The Borough Code
which refers to Flood Plains.
MOTION TO CARRY APPLICATION TO THE JUNE 2ND
MEEING: made by Member
Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig and Demetriou. Member Smith abstained.
APPLICATION #07-04 “Catlas Construction, LLC” K. Douglas Smith, 20 Makemoney Ave., Block 402 Lot 94:
Atty.
Steven Mainardi is also representing this application.
Chairman
Dunning said this application has a right-of-way through the property.
Chairman
Dunning asked Eng. Gregor how close could you build to a right-of-way not
knowing exactly where the piping is within the right-of-way. Eng. Gregor said,
his understanding is that you cannot put a structure anywhere within an
easement. Functionally this pipe is shown very close to the edge of the
easement line and the depth of the pipe is not indicated because at one end you
have a locked manhole and at the other end it shows it approximately 6 ft.
deep. You would have to excavate into the easement area and special care would
have to be taken to make sure you don’t put a foundation load on the pipe or
damage the pipe during excavation. Eng. Gregor thinks legally you can excavate
up to the easement line.
Eng.
Gregor also added, they may have to put their footing deeper to make sure you
don’t put any pressure on the pipe and Eng. Gregor said he’s going to make sure
the drawings don’t create a problem for the sanitary sewer line, therefore,
will recommend that the footing be put below the sanitary sewer line. Eng.
Gregor also said there’s a shed on Lot 96 in the rear that is not shown on the
site plan. Eng. Gregor also said, that Lot 44 should be Lot 43 in Block 402 and
Lot 16.01 in Block 403 are shown on the Key Map as within 200 feet but not
noted on the list of notified properties.
MOTION TO CARRY APPLICATION TO THE JUNE 2ND
MEETING: made by Member
Ludwig, seconded by Member Hoffman, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig and Demetriou. Member Smith abstained.
PUBLIC DISCUSSION: None/Closed
RESOLUTION ON APPLICATION #05-04 Suzanne Raoul, 8 Father Hayes Dr., Block 307 Lot 1.03, Use Variance:
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Covelli, voting
yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Demetriou and
Smith.
CORRESPONDENCE: No questions
asked.
VOUCHERS: submitted by Atty. Faasse for
Professional Services for Resolution #05-04 Raoul for $125.00.
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Smith, voting
yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Demetriou and
Smith.
VOUCHERS: submitted by Eng. Gregor for
Engineering Services for Application #06-04 Catlas Construction for $330.00,
Application #07-04 Catlas Construction for $330.00, Application #05-04 Raoul
for $226.00, Application #03-04 Surowiec for $220.00, for a Grand Total of
$1106.00.
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Demetriou,
voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Demetriou
and Smith.
MINUTES: from the April 7, 2004 Meeting.
MOTION TO APPROVE: made by Member
Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig and Smith.
Member Demetriou abstained.
ENGINEER’S REPORT:
Eng.
Gregor said he spoke to Surveyor John Miceli and indicated his engineer was
away for a week and that the Storm Water Management Plan is coming and will be
done within the next week or so for the Raoul Application.
Eng.
Gregor wanted the Board Members to know that there are a number of Flood Ordinances
and one in particular which is Ordinance 74A.
If you wish to look at it, it is on the Web Site. This ordinance
prohibits building anywhere in a flood hazard area.
MOTION TO ADJOURN AT 10:22 P.M.: made by Member Ludwig, carried by a voice vote.
_____________________________
Gerri
Marotta
Secretary
to Board of Adjustment