BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE                                                           

 

MINUTES

JUNE 11, 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, Frank Covelli,  Don Ludwig (came in at 8:10 P.M.), Ted Roberto, John Shutte, Lee Smith, Attorney Ralph Faasse and Engineer William Gregor.

 

MEMBERS ABSENT:  Peter Hoffman and Roberto Ricca.

 

Application #07-03 Daniel & Lynda Kurpick, 114 Jefferson St., Block 456 Lot 11, Bulk Variance:

Mr. Kurpick came forward. This application was carried from last month.

Mr. Kurpick submitted a revised drawing dated May 25, 2003.

Chairman Dunning asked Mr. Kurpick what type of fencing is he proposing in the driveway area. Mr. Kurpick said he wont’ be putting up a fence in the driveway area. Atty. Faasse said the applicant will need for the proposed covered porch a variance for a front yard setback of 3.1 ft. instead of the minimum 30 ft. required, proposed second floor addition will require a variance for a front yard setback of 7.1 ft. along Jefferson St. and 14.4 ft. along Milton St. instead of the minimum 30 ft required, proposed second floor addition will require a variance for a side yard setback of 5.1 ft. instead of the minimum 15 ft. required, proposed one-story addition will require a variance for a side yard setback of 5.5 ft. instead of the minimum 15 ft required, proposed one and two-story additions will require a variance for lot coverage of 27.2% ft. instead of the maximum coverage of 25% permitted. Mr. Kurpick added, that he is adding a side yard covered porch where one does not exist. Because of this change, there would be an Item 14 added to Eng. Gregor’s report that would be for a side yard setback variance of 10.9 ft. instead of 30 ft. required for a total variance of 19.1 ft., a variance would be the proposed coverage of 27.2 % where 25% is permitted for a variance of 2.2% and a variance for 16 linear ft. for a 6 ft. fence in the front yard area. Eng. Gregor told Mr. Kurpick if he ends the fence at the addition he can eliminate a variance and Mr. Kurpick agreed.

 

OPEN TO PUBLIC:  None/Closed

 

MOTION TO APPROVE WITH THE FOLLOWING VARIANCES TO PERMIT THE CONSTRUCTION OF A ONE STORY ADDITION, A COVERED PORCH AND A SECOND FLOOR ONTO AN EXISTING NON-CONFORMING ONE STORY STRUCTURE; VARIANCE FOR A FRONT YARD SETBACK WHERE THE APPLICANT IS REQUESTING 3.1 FT. WHERE 30 FT. IS REQUIRED FOR A 26.9 FT. VARIANCE TO PERMIT CONSTRUCTION OF A COVERED PORCH ON THE JEFFERSON ST. SIDE, FRONT YARD SETBACK WHERE THE APPLICANT IS PROVIDING 7.1 FT. ALONG JEFFERSON ST.WHICH REQUIRED 22.9 FT. VARIANCE AND THE APPLICANT IS PROVIDING 14.4 FT. ALONG MILTON PLACE WHERE 30 FT. IS PROVIDED WHICH IS A 15.6 FT. VARIANCE, A SIDE YARD SETBACK WHERE APPLICANT IS REQUESTING 5.1 FT. WHERE 15 FT. IS REQUIRED WHICH REQUIRES A 9.9 FT. VARIANCE, A SIDE YARD SETBACK WHERE THE APPLICANT IS PROVIDING 5.5 FT. WHERE 15 FT. IS REQUIRED AND IS REQUESTING A 9.5 FT. VARIANCE, FOR LOT COVERAGE WHERE THE APPLICANT IS REQUESTING 27.2 FT. WHERE 25 FT. IS PERMITTED BY ORDINANCE WHICH IS A 2.2% VARIANCE, AND A FRONT YARD ON MILTON PLACE TO PERMIT THE CONSTRUCTION OF THE SECOND COVERED PORCH WHERE THE APPLICANT IS REQUESTING 10.9 FT. WHERE 30 FT. IS REQUIRED AND IS REQUESTING A 19.1 FT. VARIANCE, AND ALSO WITH THE CONDITION THAT THE SITE PLAN BE CORRECTED AND THE GARAGE BE REMOVED AND A NEW SHED TO BE ERECTED: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Ludwig, Roberto, Shutte and Smith. Member Covelli not qualified.

 

Application #10-03 Krzysztof Karpinski & Mariola Karpinska, 21 Toquet St., Block 403 Lot 119, Bulk Variance:

Atty. Faasse mentioned that in Eng. Gregor’s report dated May 14, 2003, Item #10 indicated the existing pool is located 7.4 ft. from the side property line instead of the minimum 10 ft. required by ordinance. Eng. Gregor said if the applicant moves the pool he wouldn’t need a variance.

Atty. Faasse swore in Mr. Karpinski and John Bryjak of “Harsen & Johns Architects, 230 West Passaic St., Maywood, N.J., who is a representative of the firm and not a licensed architect. Mr. Johns of the firm is a licensed architect but not able to attend the meeting tonight, therefore, sent Mr. Bryjak.

Mr. Karpinski said he can move the pool and therefore will not need a variance.

Eng. Gregor went over his report dated May 14, 2003. In Item #2, Eng. Gregor requested that the location and sizes of the existing water & sewer mains and connections servicing the dwelling should be added to the drawing and the applicant said that has been done.

                                                                                               

Member Grygus asked if the existing house and garage are remaining or are they being demolished. Mr. Karpinski said they would remain. Mr. Karpinski explained the house is very small and he and his wife would like to add on to their family and need the extra room. Mr. Karpinski testified the shed will definitely be removed and the driveway will be paved. Chairman Dunning asked about the stockade fence on the north side of the property and how high it is. Mr. Karpinski said most of it is 6 ft. and the first two units are probably 4 ft. high. 

 

OPEN TO PUBLIC DISCUSSION:

 

Frank Sanclementi Jr. and his wife Janet of 13 Alexander Ave., Haskell came forward. Mr. & Mrs. Sanclementi wanted to look at the plans.

 

RECESSED: 9:25 P.M.

 

RECONVEND: 9:30 P.M.  Everyone present as before the recess.

 

Mrs. Sanclementi wanted to let the Board know that they have no objections to this addition and their only concern was the location of the pool and that was cleared up for them during the recess. Mr. Sanclementi said their house is directly behind the applicant’s and Mr. & Mrs. Sanclementi are very happy that the Karpinski’s live there because they are a credit to the neighborhood.

 

CLOSE PUBLIC DISCUSSION:

 

MOTION TO APPROVE THE APPLICATION WITH A VARIANCE FOR A FRONT YARD SETBACK  OF 13.1 FT., A VARIANCE FOR A SIDE YARD SETBACK OF 11.4 FT., AND A VARIANCE FOR A TOTAL SIDE YARD SETACK OF 18.2 FT., WITH THE CONDITIONS THAT THE POOL IS TO BE MOVED TO CONFORM TO ALL ZONING REQUIREMENTS, THE SHED IS TO BE REMOVED, THE DRIVEWAY IS TO BE PAVED AND THE DIMENSION OF THE PAVING TO BE SHOWN ON THE REVISED PLANS AS PER TESTIMONY 10 DAYS BEFORE THE NEXT MEETING: made by Member Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Roberto, Shutte and Smith.

 

Application #11-03 Alan Nejmeh, 25 Fourth Ave., Block 416 Lot 43, Bulk Variance:

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

Mr. Nejmeh is requesting permission to construct an above ground pool 12 X 24 behind his garage. Mr. Nejmeh went on to say, that his lot is covered by almost a

third of rock and it would be too expensive to blast. Mr. Nejmeh said he could keep the pool more than 10 ft. away from the garage, but not 10 ft. off the rear property line or sideline. Chairman Dunning asked Mr. Nejmeh how does he intend on entering and existing the pool. Mr. Nejmeh said basically the pool comes with a folding ladder that retracts up and locks and has a top railing like a fence guard around the pool.

 

OPEN TO PUBLIC DISCUSSION: None/Closed

 

MOTION TO APPROVE FOR A VARIANCE FOR A REAR YARD SETBACK OF 3.75 FT. AND A VARIANCE FOR A SIDE YARD SETBACK OF 7 FT.WITH THE CONDITION THAT NO SIDE DECKING BE ADDED TO THE POOL AND CONDITION THAT THE APPLICANT MAINTAIN A MINIMUM OF 10 FT. BETWEEN THE GARAGE AND POOL: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Roberto, Shutte and Smith.

 

APPLICATION #12-03 Thomas & Amy Burgess, 14 Linda Rd., Block 200 Lot 8.03 Bulk Variance:

Mr. & Mrs. Burgess came forward and were sworn in by Atty. Faasse.

At this point in the meeting, Member Covelli left at 9:45 P.M.

Atty. Faasse mentioned the applicant’s own Lot 8.03 and 8.04. Mr. Burgess said Lot 8.03 and 8.04 are on a separate deed from Lot 8.05 and the three lots are listed on one tax bill. Eng. Gregor said they have one lot that is officially called Lot 8.03 that includes Lots 8.03, 8.04 and 8.05 and the survey provided only shows 2/3rds

of the lot and is incorrect. Eng. Gregor said there appears to be an existing shed that is not dimensioned on the survey and wanted to know if it’s going to be relocated. Mr. & Mrs. Burgess said they would relocate the shed if needed.  The applicant’s house currently is not hooked up to city sewer or water. Mr. Burgess said the goal of the addition is to increase living space and wants to move the bedrooms upstairs and open up the downstairs where the bedrooms presently are located.

Chairman Dunning said to Eng. Gregor, basically there’s going to be a 2 ft. overhang at the rear of the house and Eng. Gregor said yes that is correct and will be the only impact on the variances. Chairman Dunning also mentioned the covered front porch doesn’t need a front yard variance. Eng. Gregor suggested getting a new plan prepared showing the three lots with the corrected square footage and also the correct lot number along with an outbound survey of the entire property and the area in the legend should be corrected.

 

OPEN TO PUBLIC DISCUSSION:  None/Closed

 

MOTION TO APPROVE FOR A 35.8 FT. VARIANCE FOR THE REAR YARD WHERE THE APPLICANT IS PROVIDING 19.2 FT. WHERE 55 FT. IS REQUIRED BY ORDINANCE, ALSO WITH THE CONDITION THAT THE SITE PLAN BE REVISED TO SHOW THE MERGER OF ALL THREE LOTS AS ONE PROPERLY LABELED, RELOCATION OF THE SHED AS PER BOROUGH REQUIREMENTS AND UPGRADING OF  BULK REQUIREMENTS: made by Member Grygus, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Ludwig, Roberto, Shutte and Smith.

 

PUBLIC DISCUSSION:  None/Closed

 

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

 

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

 

RESOLUTION ON APPLICATION #08-03 Kenneth & Donna McNerney, 19 Fourth Ave., Block 416 Lot 46, Bulk Variance:

 

Eng. Gregor said that on Page 1, Item #3 of the Resolution, should be 4.1 ft. front yard setback instead of a 4.4 ft. front yard setback.

 

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

 

CORRESPONDENCE:

Submitted were amended plans on the Roland Wattenbach Application #03-03, 41 Boulevard, Block 457 Lot 41, Bulk Variance. A letter was received from the architects that indicated there was a typo on their plans that indicated a 20’ X 25’ garage and it should be a 20’ X 26’ garage. This does not change any of the variances that were granted, therefore, they are requesting that the resolution be corrected.

 

MOTION TO AMEND THE RESOLUTION ON APPLICATION #03-03 ROLAND WATTENBACH: made by Member Roberto, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Ludwig, Roberto, Shutte and Smith.

 

Submitted were corrected plans on Application #08-03 Kenneth & Donna McNerney, 19 Fourth Ave., Block 416 Lot 46, Bulk Variance, from John P. Miceli, Land Surveyor. Eng. Gregor will take one set and look them over and will be signed at next month’s meeting if all is o.k.

 

VOUCHERS: submitted by Atty. Faasse for Professional Services for General Expenditures for April, May & June for $750.00, and Resolutions on Application #10-02 Shabsigh, Application #08-03 McNerney, for $230.00, for a Grand Total of $980.00.

 

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

 

VOUCHERS: submitted by Eng. Gregor for Engineering Services Rendered for April, May & June for $750.00, Application #01-03 Rita’s Water Ice for $110.00, Application #07-03 Kurpick for $385.00, Application #08-03 McNerney for $385.00, Application #10-03 Karpinski for $385.00, Application #11-03 Nejmeh for $165.00, Application #12-03 Burgess for $165.00, Application #09-03 Wanaque Manor for $605.00, for a Grand Total of $2,950.00.

 

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

 

MINUTES: from the May 14, 2003 Meeting.

 

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

 

ENGINEER’S REPORT:

Eng. Gregor said he has one new application that is Application #13-03 Staropoli for a two- story addition.

 

Chairman Dunning asked Eng. Gregor about the Wanaque Manor Application. Eng. Gregor said they contacted him requesting clarification on one area they were having difficulty with, and that was certification of the typography and Eng. Gregor told them what he was looking for and they are attempting to get that information.

Chairman Dunning suggested that a group get together, after this application is deemed complete, and do a site inspection.  Atty. Faasse suggested that the members keep the Board Secretary posted of any vacation plans and it would be most ideal to  

start the application in September, but if they can’t, they will have to make sure

the Board Secretary knows who will be at the meetings. The members who will not be attending certain meetings, will have to come in and listen to the tapes for this application.

 

The Members also discussed about changing the monthly meeting back to the first Wednesday of the month. It was mentioned that Councilman Donald Pasquariello could be contacted in regards to this change.

 

Chairman Dunning asked about the Kreloff matter. The Board Secretary said Ms. Kreloff came into the office asking if she had to apply all over again with an application to the Board and the Secretary verified it with Atty. Faasse and the Board Secretary gave Ms. Kreloff an application package.

 

Chairman Dunning asked about Mr. Zikra. Eng. Gregor said he hasn’t heard a word.

 

Chairman Dunning asked about the Dunkin Donuts sign. Eng. Gregor said he received a drawing faxed to him in regards to the sign but nothing mailed to him.

 

Chairman Dunning mentioned Rita’s Water Ice and said it seems to be moving along. Chairman Dunning added that they removed the free-standing sign and thought they were going to use it.

 

Also, mentioned was the fact that maybe it would be in the best interest of the Wanaque Manor Application to ask for “Special Meetings” therefore giving them adequate time for their application to be heard without other applications being heard the night of the regular monthly meetings.

 

MOTION TO ADJOURN at 10:35 P.M.: made by Member Grygus, carried by a voice vote.

 

_________________________________

Gerri Marotta

Secretary to Board of Adjustment