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, William Grygus, Peter Hoffman, Don Ludwig, Ted Roberto, Lee Smith, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Robert Ricca and Frank Covelli. Member Harry Hirshman sent a Resignation Letter effective immediately, due to expanded business obligations.

APPLICATION #24-01 Richard & Regina Wieland, 138 Greenwood Ave., Block 460, Lot 16 Bulk & Use Variance: The Board Secretary received a letter dated August 8, 2002 from Mrs. Wieland asking to be carried hopefully for the last time. Mrs. Wieland stated in her letter they are pretty sure that the variance will not be necessary, but since they don’t have the permit to build yet and the plans have not been reviewed by the Building Inspector and the engineer, they will have to carry application one more month.

MOTION TO CARRY APPLICATION TO THE SEPTEMBER 11^TH MEETING: made by Member Roberto, seconded by Member Smith, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto and Smith.

APPLICATION #07-02 John & Debra Moore, 166 Conklintown Rd., Block 206, Lot 75 Bulk Variance:

Attorney Gregory E. Lake, 39 Tallman Place, Englewood, N.J. stepped forward on behalf of the applicants. Attorney Lake told the Board, he learned mid-day, that the home the applicants want to build on the said property is larger than the original foot-print therefore, a variance will be needed. Attorney Lake said here tonight with him is Gary Veenstra, Survey Analyst of Rigg Associates, P.A., 1000 Maple Ave., Glen Rock, N.J.

who can answer any questions about the size of the structure in relation to the property and side lines and front lines. Atty. Lake went on to say, back in 1996 the Wanaque Planning Board granted a Minor Subdivision to create two residential lots with attendant variances. Atty. Lake said what they are asking for now, is a lesser back-line variance than what was already granted by the Planning Board. The map that the applicants have show 27.4 ft. and what was granted previously was allowing a rear yard setback of 26.6

ft. The house on the property is burnt out and the proposed new structure will benefit the neighborhood. Atty. Lake said he learned tonight, that Eng. Gregor said they need an easement and Atty. Lake really doesn’t know what that means to the road, because if the town already granted the subdivision, it would be illegal for the town to grant a subdivision for this property if the property was landlocked. Eng. Gregor said what he wrote in his report was either not written clearly or misinterpreted. Eng. Gregor went on to say, the last paragraph on the first page reads: “No easement is shown for the sanitary sewer main which crosses the property. The easement should be added to the drawing. If no easement exists, an easement should be provided”. Atty. Lake said he closed on this house for the applicants, and said no easement was picked up for the sanitary sewer main.

Atty. Faasse wanted to know if the only variance they are asking for is a rear-yard setback variance of 27.4 ft. where 45 ft. is required and Atty. Lake said yes.

John & Debra Moore were sworn in by Atty. Faasse, also sworn in by Atty. Faasse was Gary Veenstra, Survey Analyst of Rigg Associates, 1000 Maple Ave. Glen Rock N.J.

Atty. Lake asked Mr. Moore if everything he heard earlier by Atty. Lake was correct. Mr. Moore testified he is a builder in the area and plans on living in the proposed new structure on Conklintown Rd. Mr. Moore said he went to George Kostro, Supervisor of the Water Department and found out the Water Department has a temporary easement on this property and there is a 15” main sewer line that runs through the property. Mr. Moore said he tried several times to get in touch with the Sewer Authority Engineer and finally someone got back to him. The engineer from the Sewer Authority said he had no record of this sewer line. Mr. Moore said the house is marked out for a sewer line by green paint that indicates a sewer line. Eng. Gregor spoke up and said he wanted to clarify something, which is, Atty. Lake had stated the Board was asking for an easement for access to the lot, and that’s not the case. The Board is requesting an easement be granted for the existing sanitary sewer line that shows on the drawing to be in existence without the benefit of an easement. Atty. Lake said the applicants would definitely grant that.

Member Grygus brought up that in the Planning Board Resolution from 1996 it makes reference to a private roadway and a gate would be installed with a lock and key so the Fire Department and Police Department would have access to the property. Eng. Gregor mentioned that one of the requirements that this Board has and the State Board has is when you file a site plan you must file a signed and sealed survey also and that survey would show all easements that affect that property. Mr. Veenstra said he has a survey with him but it does not show any easements and the survey is not signed because Mr. Rigg is on vacation. Eng. Gregor said he was under the impression that there was an easement across Lot 76 providing access to Conklintown Road without crossing the brook. Eng. Gregor said the Board needs a signed and sealed survey showing all the easements that are on this property and all the easements that this property has an impact on. Chairman Dunning mentioned that the garage on this property appears to have been enlarged about 6 ft. According to the approved Plot Plan from the Planning Board from 1996, the garage was 6 ft. smaller in depth. Chairman Dunning also said, with this roadway crossing the Moore’s property, if the roadway is maintained in an open status so the neighbor to the north can come through the Moore’s property, that sort of puts an

impact on how the Moore’s can park their vehicles. The other question Chairman Dunning had was, who maintains that right of way or how is it maintained? Eng. Gregor said he is not aware of any easement that’s against this property providing access to any other property, but he believes there is access to this property from someone else’s property.

Atty. Faasse said it appears the Board can’t go any further tonight with this application. Atty. Faasse told Atty. Lake, last month the Board requested a copy of the Deed on this property, and this easement issue will have to be researched. A new survey will also be required. Atty. Faasse announced that all plans have to be in more than 10 days before the September 11^th Meeting.

MOTION TO CARRY TO THE SEPTEMBER 11^TH MEETING AND THE BOARD WILL NEED A COPY OF THE DEED, A NEW SURVEY SHOWING EASEMENTS, FLOOD WAY AND FLOOD HAZARD BOUNDARIES AND THIS INFORMATION WILL HAVE TO BE FILED NO LATER THAN AUGUST 30^TH AND THE APPLICANT’S ATTORNEY WILL SIGN A 90 DAY EXTENSION LETTER: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Roberto and Smith.

RECESSED AT 8:47 P.M.: Power went out in building.

RECONVENED AT 9:10 P.M.: Power still out in building.

RESOLUTION ON APPLICATION #02-02 Frank & Lynn Morici, 4 Paul Place, Block 312 Lot 1, Bulk Variance:

Eng. Gregor said the Resolution should be amended on page 1 Item #3, the word “variance” should be added to “rear yard setback variance”.

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

RESOLUTION ON APPLICATION #06-02 Raymond Longo & Edward Longo, 116 Jefferson St., Block 456 Lot 12, Bulk Variance:

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

DISCUSSION: Resignation letter from Harry Hirshman effective immediately due to expanded business obligations. Board Secretary will give letter to Mayor Hagstrom.

All other Board Business will be dealt with at the next meeting of September 11^th , due to power failure at tonight’s meeting.

MOTION TO ADJOURN AT 9:20 P.M.: Carried by a voice vote.

______________________________

Gerri Marotta

Secretary to Board of Adjustment