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 13^th 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, William Grygus, Frank Covelli, Don Ludwig, Robert Ricca, Ted Roberto, John Shutte, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Peter Hoffman and Lee Smith.

Application #13-03 Anthony Staropoli, 28 Eastside Ave., Block 224 Lot 4, Bulk Variance:

Anthony & Maria Staropoli came forward and were sworn in by Atty. Faasse. Maria Staropoli is not an applicant on this application. This application is for a one-story addition and a second floor addition onto an existing non-conforming one and two-story structure located on a non-conforming lot. Chairman Dunning announced that a revised drawing from Land Surveyor, John Miceli was passed out this evening with a revision date of July 3, 2003. Eng. Gregor went over the deficiencies with Maria Staropoli on the phone and resulted in this revised plan. The only thing that was changed on the plan was that the water line was indicated as a ¾” service line that was previously not indicated, and a note added to the drawing which stated that the water and gas service were based on a mark-out and field location and that their going to be verified. There still are no utilities in the roadway, nor the size of the sanitary and also there is no note on the drawing as to the proposed relocation of the utilities that are under the new building. Eng. Gregor said the way the drawing is shown, the utilities appear to be under the new addition. Mr. Staropoli said he would move the utilities accordingly. Chairman Dunning asked Mr. Staropoli if he’s going to move the gas meter and Mr. Staropoli said when the man came from the gas company to mark it he told Mr. Staropoli they are going to move the meter to the front corner of the house. Eng. Gregor added, he would like to see on the drawing the relocation of the water, sewer and gas lines. Chairman Dunning asked Mr. Staropoli what the need was for this expansion. Mr. Staropoli said they have four children, no basement in the existing house and basically there isn’t any privacy. They need a rec room where the kids can play and the girls are getting older and want their own rooms and they want to add a master bedroom upstairs.

Chairman Dunning mentioned the construction equipment on the Sherman Ave. side of the property that is not permitted in a Residential Zone. Mr. Staropoli apologized and said he’s been looking for quite some time to purchase property for his equipment and hasn’t had much luck as of yet. Chairman Dunning also mentioned the 6 ft. fence on the front property line that is not permitted in a front yard and Mr. Staropoli has two front yards because he is on a corner property. Mr. Staropoli said the fence would not be there when they redo the house and the property will be re-landscaped. Chairman Dunning asked about the shed on the property and if Mr. Staropoli took out a permit for it. Mr. Staropoli said he replaced the shed that was on the property when he bought the house and didn’t get a permit for the new shed.

Chairman Dunning also asked about the covered front porch and gazebo and Mr. Staropoli said he didn’t take a permit out for that either and said it was partially there when they bought the house and just extended it to the end of the house.

Eng. Gregor went over his report dated June 10, 2003. (All members were given copies at tonight’s meeting).

OPEN TO PUBLIC DISCUSSION: None/Closed

MOTION TO APPROVE WITH THE FOLLOWING VARIANCES: 20.1 FT. VARIANCE FOR A SETB ACK OF 19.9 FT. TO EASTSIDE AVE. FOR FRONT YARD SETBACK, 7.5 FT. VARIANCE FOR A SETBACK OF 32.5 FT.FRONT YARD SETBACK TO SHERMAN AVE., ONE STORY ADDITION REQUIRES 22.6 FT. VARIANCE FOR REAR YARD SETBACK OF 22.4 FT., SECOND STORY ADDITION REQUIRES A 7.2 FT. VARIANCE FOR A REAR YARD SETBACK OF 37.8 FT., REVISED SITE PLAN SHOULD BE SUBMITTED SHOWING SIZE AND LOCATION OF UTILITIES IN STREET INCLUDING GAS METER, SEWER AND WATER RELOCATIONS AND BE PROVIDED TO THE BUILDING INSPECTOR: made by Member Ludwig, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Ricca, Roberto and Shutte.

APPLICATION #14-03 Frank T. & Linda M. Forster III, 23 Railroad Ave., Block 248.02 Lot 2, Site Plan & Use Variance:

Atty. Faasse told the Board that a problem was brought to his attention by the Board Secretary that the applicant’s notice was not specific enough and Atty. Faasse decided the applicant had to re-notify for the newspaper and public. Therefore, the application will be carried to the next meeting and that could be either August or September.

The only application would be Application #14-03 Forster and since the Wanaque Manor application hasn’t been deemed complete, the Board decided to cancel the August Meeting.

MOTION TO CANCEL AUGUST 13^th MEETING: made by Member Roberto, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Ricca, Roberto and Shutte.

MOTION TO CARRY APPLICATION #14-03 Forster to September 10, 2003 Meeting: made by Member Grygus, seconded by Member Shutte, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Ricca, Roberto and Shutte.

PUBLIC DISCUSSION:

Bob Ferdon, President of the Chamber of Commerce, 34 Fredericks St. came forward. Mr. Ferdon wanted to know if anything could be done now to help Rita’s Water Ice in regards to the side parking lot by opening up the existing one that has been blocked off, therefore creating a better circular motion. Member Ludwig explained the reason for blocking off that side parking lot was for the safety of the children running across an active driveway. Member Grygus added, the original approval was for Rita’s to do the second curb cut and block that in and also to provide a landscaped area in between the two taking away one parking space and create a handicap space. Chairman Dunning said the whole discussion at the meeting was done to protect the children and technically, the Building Inspector did not have to issue them a permit to open without the site improvements. The agreement that was made to allow them to open was to put the second curb cut in, block off the existing curb cut so they could open and then catch up with the site work in order to get them open for business. Chairman Dunning went onto say, the day before they were to open, Chairman Dunning and Jeff Brusco, the Building Inspector, were on the phone a couple of times and basically what it came down to, was that Jeff did not have to issue a Temporary Certificate of Occupancy without some kind of agreement on a site improvement. At that point, the applicant gave Jeff the idea that he didn’t want to put in the second cut in and just wanted to stay with what was there, which Chairman Dunning objected to because the Board has a binding resolution on a site improvement. Chairman Dunning and Jeff decided it was better to block off the existing driveway, cut in a new one and let them open and then stay on top of them to get the site work done. If the applicant wants to amend his site plan, he has to file another application, prepare a new document, bring his professionals back and show the Board what he’s talking about.

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

In the resolution, Milton Place was referenced as Milton Street. The Board Secretary will correct the minutes and will initial the change on the resolution.

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Ludwig, Roberto & Shutte. Members Covelli and Ricca not qualified.

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

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Roberto and Shutte. Member Ricca not qualified.

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

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Roberto, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Roberto and Shutte. Member Ricca not qualified.

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

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Ludwig, Roberto and Shutte. Member Covelli and Ricca not qualified.

CORRESPONDENCE: Letter dated June 20, 2003 from Eng. Gregor informing the Board that the revised plan for Application #08-03 McNerney, is in conformance with the Board’s resolution and is recommending it is suitable for signing by the Board Chairman and Secretary. Letter dated July 7, 2003 from Eng. Gregor informing the Board that the revised plan for Application #10-03 Karpinski, is in conformance with the Board’s resolution and is recommending it is suitable for signing by the Board Chairman and Secretary.

Letter dated July 1, 2003 from Building Inspector, Jeff Brusco to AGD Corp. (Rita’s Water Ice) with regard to making changes to their site plan. (All members received copies).

VOUCHERS: submitted by Atty. Ralph Faasse for Professional Services representing the Board in litigation for Ruth Kreloff for $2,067.50, Resolutions #07-03 Kurpick for $115.00, #10-03 Karpinski for $115.00, #11-03 Nejmeh for $115.00, #12-03 Burgess for $115.00, for a Grand total of $2,527.50.

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

VOUCHERS: submitted by Eng. William Gregor for Engineering Services for Application #14-03 Forster for $385.00, Application #13-03 Staropoli for $385.00, Application #11-03 Nejmeh for $220.00, Application #08-03 McNerney for $165.00, Application #07-03 Kurpick for $220.00, Application #12-03 Burgess for $220.00, for a Grand Total of $1,595.00

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

MINUTES: from the June 11, 2003 Meeting.

The Board Secretary will correct the minutes on Page 2 of Application #07-03 Kurpick, wherever it says Milton Street the correction will be made to Milton Place.

Page 2, on the same application, where it states “proposed coverage of 27.2 ft. where 25 ft. is permitted”, it should be 27.2 % where 25% is permitted for a variance of 2.2%”.

Page 4, first paragraph, fourth line down, the word should be “exiting” the pool and not “existing” the pool.

MOTION TO APPROVE AS REVISED: made by Member Ludwig, and seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Roberto and Shutte. Member Ricca not qualified.

ENGINEER’S REPORT: Eng. Gregor had nothing to report.

Chairman Dunning announced that the only application on the next agenda is Application #14-03 Frank & Linda Forster III. Chairman Dunning asked Eng. Gregor about the Zikra Application and Eng. Gregor had nothing to report on that application. Chairman Dunning also asked about the Dunkin Donuts in relation to the signs and Eng. Gregor said nothing to report.

Member Grygus mentioned the Planning Board Minutes and the 90 ft. Sign Application on Union Ave. for “Burger King” and whether or not the Planning Board has jurisdiction to hear that application. Chairman Dunning said the sign is not for “Burger King” and is for the proposed hotel. Chairman Dunning explained that if they don’t get permission for the 90 ft. sign the hotel will not come into the Borough. Chairman Dunning said the Planning Board has accepted responsibility for the variance needed and that part of town was rezoned and the height restriction

is up to 50 ft. The Board continued to discuss this issue for a while in regards to who has jurisdiction on this application.

Member Grygus said, how could you say that the sign is not for “Burger King” when it states in the application that the freestanding sign is for Burger King and future motel. Chairman Dunning explained that Eric Mund who is the owner/operator of “Burger King” also owns the adjoining lot and is in some kind of contract agreement with the hotel chain.

Member Grygus and Chairman Dunning asked Atty. Faasse, in his professional opinion, is this sign application before the proper Board and Atty. Faasse said, the little bit that he does know about this application, it sounds like it is not before the proper Board.

MOTION TO ADJOURN AT 9:45 P.M.: made by Member Ludwig, seconded by Member Shutte, carried by a voice vote.

_____________________________

Gerri Marotta

Secretary to Board of Adjustment