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 the 15^th 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, Peter Hoffman, Don Ludwig, Frank Covelli, Lee Smith, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: William Grygus, Robert Ricca, Ted Roberto and Harry Hirshman.

Application #2-02 Frank & Lynn Morici, 4 Paul Place, Block 312 Lot 1, Bulk Variance:

Mr. & Mrs. Morici sent a letter dated June 3, 2002 asking to be carried to the July 10^th Meeting because their paper work is not completed.

MOTION TO CARRY APPLICATION TO THE JULY 10^TH MEETING: made by Member Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members Hoffman, Ludwig, Covelli and Smith.

Chairman Dunning told the Board July & August are traditional vacation months, and wanted to know if any members were going to be on vacation for the scheduled meetings for those months.

Application #24-01 Richard & Regina Wieland, 138 Greenwood Ave., Block 460 Lot 16, Bulk & UseVariance:

Mr. & Mrs. Wieland stepped forward and were sworn in by Atty. Faasse. Chairman Dunning announced that he doesn’t think this application requires a Use Variance anymore and only a Bulk Variance will be necessary since the Wieland’s have amended their original application that was for an “Echo House”.

Mrs. Wieland said she was under the impression they needed a variance for the front setback. Eng. Gregor responded by saying, it appears they do, however, there is no dimension on the plans submitted that indicates what type of variance is being requested. Eng. Gregor said he received drawings from the Wieland’s architect on May 23^rd and Eng. Gregor immediately called him and advised him that with the submission, a site plan was not submitted and the Board could not proceed without a site plan. On June 10^th,

Eng. Gregor received a copy of a site plan, but it didn’t comply with Eng. Gregor’s letter of December 28,2001 with regards to the original application indicating what type of information is needed on a site plan. Eng. Gregor said the type of things the Board is looking for are; the Zone District in which the property falls, the Site Plan should be prepared in accordance with Section 114-33 of the Borough Code, location of adjacent structures and property lines, plans of the off-street parking layout showing location and dimension of individual parking spaces and driveways for ingress and egress, all utility lines and drainage structures within and adjacent to the subject property and location, size and feasibility of connections of utilities to existing facilities. Eng. Gregor added, that the latest site plan doesn’t have a zoning map on it and doesn’t have a North Arrow on it. Eng. Gregor said, unfortunately, he would have to recommend that the application is incomplete as submitted. Furthermore, Eng. Gregor said, there is no indication as to what type of variances the Wieland’s are looking for or what type of setback their requesting from the front yard. The site plan shows a portion of the new structure encroaching into the front yard area, but it provides no dimensional information for Eng. Gregor to determine what type of variance the Wieland’s are requesting from the Board. Mrs. Wieland said she is totally confused at this point. Eng. Gregor said he will provide a written report to her architect so there is no question as to what the Board requires. Mrs. Wieland asked if everything else is the way it should be so this doesn’t happen again next month. Eng. Gregor said he didn’t do a detail review on this application because he didn’t have all the information needed.

Atty. Faasse spoke up and said when he spoke to Mrs. Wieland on the phone, he told her based on how she amends the plans, she might not need a variance. Atty. Faasse also told Mrs. Wieland once she had her plans, she should go and see the Building Inspector so a determination can be made as to whether or not she needs variances. Mrs. Wieland said she didn’t go in and see the Building Inspector with her amended plans. Eng. Gregor suggested the Wieland’s sit down with their architect and see if he can design a plan with no variances and then the Wieland’s might not have to come back to the Board. Atty. Faasse asked Mrs. Wieland to give the Board another 60 days so that their time doesn’t run out before August 6, 2002. The Board Secretary will send the 60- Day Extension Letter to the Wieland’s.

MOTION TO CARRY APPLICATION TO THE JULY 10^TH MEETING AND NO FURTHER NOTICES WOULD BE REQUIRED AND THE APPLICANT HAS STIPULATED TO AN ADDITIONAL 60 DAY EXTENSION: made by Member Covelli, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Hoffman, Ludwig, Covelli and Smith.

PUBLIC DISCUSSION: None

RESOLUTION ON APPLICATION #4-02 Wanaque La Sala, L.L.C., 1353 Ringwood Ave., Block 464 Lots 40, 41 & 43.05 Commercial Variance for Signs:

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

CORRESPONDENCE: No questions asked.

VOUCHERS: submitted by Eng. William Gregor for Engineering Services for May 2002 on Application #02-02 Morici for $385.00, Fee Services for April, May & June 2002 for $750.00, Engineering Services for May 2002 on Application #04-02 LaSala LLC for $727.00 for a Grand Total of $1,862.00.

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

VOUCHERS: submitted by Atty. Ralph Faasse for Professional Services for April, May & June for $750.00, and Resolution on Application #04-02 LaSala LLC for$175.00 for a Grand Total of $925.00.

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

MINUTES: from meeting of May 8, 2002. Member Smith said he would like to amend the minutes on the bifurcated application for LaSala LLC. Member Smith said that during the meeting, his rational for voting no, would be the fact that on the pylon sign he believes that the 100 sq. ft. variance that the applicant was asking for was not de minimis, in fact the ordinance reads 50 sq. feet. Secondarily, Member Smith stated that he had believed the Sign Ordinance had been changed to take into account that there was going to be commercial development at that location and to give them a larger square area. Therefore, those were the two reasons for Member Smith’s vote of no.

Chairman Dunning added, that on Page 7 of the Minutes under Discussion, the twelfth line down, “Chairman Dunning said he had a lengthy discussion with Mr. Zikra”. It should read “Chairman Dunning said Eng. Gregor was at a municipal meeting and said a lengthy discussion took place with Mr. Zikra, etc.”.

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

ENGINEER’S REPORT: Eng. Gregor said he received over an extended period of time, two drawings regarding the LaSala LLC Application. Also, received was a revised signage plan and the site plan, and unfortunately the revised signage plan is not correct and the site plan had only two of the three sheets. Someone had put a hand written note on the signage plan that indicated the individual sign dimensions are estimates and Eng. Gregor said he specifically requested that it be removed and specifically asked that a

signature block be provided on both drawings for the Board Chairman and Secretary. Eng. Gregor said he faxed a report to Mr. LaSala and received a call from him today indicating that this will be done and revised plans will be submitted.

Eng. Gregor also told the Board he was suppose to receive drainage calculations last month on the Zikra Application and this past week he did receive the drainage calculations from Eng. Gerald Gardner. Eng. Gregor said he has not had an opportunity to review the calculations, unfortunately Eng. Gregor hasn’t had an opportunity to look at the site and wanted to personally look at the operation of the system in addition to reviewing the drainage calculations just to get an indication of the re-charge area might actually exist at that site. Eng. Gregor said he will be reviewing the drainage calculations within the next week or so and provide a written report to the Board and the applicant. Eng. Gregor said the plans have received conditional approval from the County but the improvements have not. Eng. Gregor said he indicated to Mr. Zikra that he needed to have a field test done and as of now it hasn’t been scheduled yet. Eng. Gregor also told Mr. Zikra he needs an As Built Plan and that hasn’t been received.

Atty. Faasse told the Board there was suppose to be a pre-trial conference last week on the Kreloff Litigation. Atty. Faasse said he called Atty. Fiorello’s office but Atty. Fiorello was out ill recuperating from surgery. Atty. Faasse did speak with the attorney for the plaintiff, Atty. James Segreto and just prior to that, Atty. Faasse did receive a copy of an ordinance that the Borough had introduced to offer the adjoining property for sale. Therefore, they are in the process of working out Ms. Kreloff’s ability to let the town know if she wants to buy this property and hopefully, if she does enter into a contract, it would be subject to the Board of Adjustment granting a favorable action on any application. Atty. Faasse said he would hope that if the contracts are entered then the litigation would be dismissed.

MOTION TO ADJOURN AT 9:50 P.M.: Carried by a voice vote.

______________________________

Gerri Marotta

Secretary to Board of Adjustment