BOARD OF ADJUSTMENT MEETING

Page

Application #11-05 Santoro 3

Application #21-05 Finnelly 8

Application #09-06 Marsh 11

Application #13-06 Johnny De 12

Application #18-06 Ott 20

Application #10-06 Miuccio 23

Application #16-06 Koslosky 99

Resolutions 136

Correspondence 142

Vouchers 146

Minutes 149

Discussion 161

Exhibits Evid.

A1-4 Pictures 90

Salute to Flag:

MR. CHAIRMAN: This is a regular meeting of the Wanaque Board of Adjustment. Adequate notice has been given by a duly advertised notice in the Herald News and Suburban Trends News on the 6th day of January 2006. Notice has been posted on the bulletin board, in the Municipal Building, and a copy thereof in on file with the Borough Clerk, and is posted on the bulletin board. Can we have a roll call, please.

ROLL CALL: Chairman Jack Dunning, Members Bruce Grygus, Peter Hoffman, Don Ludwig, Ed Leonard, Art Koning, Eric Willse, Attorney Ralph Faasse, and Engineer William Gregor.

MEMBERS ABSENT: Members Frank Covelli, and Ted Roberto.

MR. CHAIRMAN: Okay. Member Covelli called me, he’ll be here about 8:30.

MR. FAASSE: Oh.

MS. MAROTTA: Okay.

MR. CHAIRMAN: He had some business to take care of. Okay. We’re going to run our agenda out of order as usual to clean up the carry forwards. So, let’s start right at the top of the list.

Application #11-05 Cosmo and Theresa Santoro, 1185 Ringwood Avenue, bulk and use variances.

MR. CHAIRMAN: 11-05 the Santoro application, 1185 is on a bulk and use variance.

MR. FAASSE: Yes, Mr. Chairman, we got a communication from the attorney for the applicants, Carlo J. Kapa (phonetic) asking this be carried to the October 4th meeting, and the client waives and all time requirements as it relates to this matter. It was faxed to the secretary, I believe, and myself.

MR. GRYGUS: Ralph, are they giving you any indication of what’s hold them up, cause this is like --

MR. CHAIRMAN: It’s a year old.

MR. GRYGUS: -- a year in July.

MR. FAASSE: Well, the only thing I heard from Mr. Kappa was that he thought that the engineer and the applicant were going to retain the planner, and they must have thought he was going to do it, and it wasn’t done. So, they don’t have no planner to testify yet.

MR. LUDWIG: But as aside, driving past the place there’s been no attempt at re-mediating some of the problems with the place.

MR. FAASSE: I don’t know what problems your alluding to.

MR. LUDWIG: Just that the overgrown property. MR. CHAIRMAN: Yea, but that doesn’t have any action by this board, right.

MR. GRYGUS: That has nothing to do with us, that’s an enforcement issue.

MR. FAASSE: Yea, that’s maintenance.

MR. GRYGUS: Well, I kind of think it would be prudent to tell him that we expect to see some kind

of --

MR. CHAIRMAN: Well, we can give him 30 days, and if not we’re going to dismiss the application.

MR. GRYGUS: So, we want to have him come in and start giving some --

MR. CHAIRMAN: Well, after the last revision, which has got to be five or six months ago on the site plan.

MR. FAASSE: I don’t think we have all the plans yet.

MR. CHAIRMAN: No, no. He revised his plans, Bill wrote a comment letter --

MR. GREGOR: I’d have to go back, I don’t recall, ti’s been so long.

MR. CHAIRMAN: Okay. And the question was what Lorry (phonetic) Avenue, Street, what -- road, whatever that little street is, thy were going to find out is it a dedicated borough road, is it a private road, that’s where we left off.

MR. FAASSE: And I thought on the revisions to the plans.

MR. CHAIRMAN: No, because the -- the --

MR. LUDWIG: That was one of the main stumbling blocks.

MR. CHAIRMAN: -- Ralph, that effects the plan, because that effects the parking on the north end of the building.

MR. GRYGUS: Right cause the --

MR. WILLSE: They didn’t have use of that road, they couldn’t do anything.

MR. GREGOR: Ralph is correct though, there were other open issues. But I think that’s the paramount issue.

MR. CHAIRMAN: Right, because that’s going to change the parking schematic on the plan.

MR. FAASSE: Well, you certainly -- you certainly would be within your rights to send a letter to Mr. Kapa indicating that the Board granted the adjournment, however, if the applicant is not prepared to proceed on the 4th, we intend to dismiss for failure to prosecute.

MR. GRYGUS: Failure to prosecute.

MR. CHAIRMAN: Okay.

MR. GRYGUS: I’ll make that motion.

MR. LUDWIG: I’ll second it.

MS. MAROTTA: On or before what date?

MR. CHAIRMAN: September 4th.

MR. GRYGUS: October 4th meeting.

MS. MAROTTA; You mean October 4th.

MR. CHAIRMAN: October 4th.

MR. LUDWIG: I’ll second it.

MR. CHAIRMAN: And any new plans or revisions, or whatever have to be --

MR. GRYGUS: Have to be in ten days before.

MR. CHAIRMAN: -- at least ten days before that meeting date.

MS. MAROTTA: Okay, Bruce you made the motion?

MR. GRYGUS: Yes.

MS. MAROTTA: And Don you second it?

MR. LUDWIG: Right.

MOTION TO CARRY APPLICATION TO OCTOBER 4TH MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, and Willse.

MR. FAASSE: And I would just also suggest that since it is that type of a strong letter that it should be cc’d to the applicants.

MR. CHAIRMAN: Right. Yea, go to the applicant and the attorney, definitely.

MR. FAASSE: All right.

MR. CHAIRMAN: The next item on the agenda which is 19-05 Biago Brothers is actually there by mistake, that was a computer clich.

MR. FAASSE: No it wasn’t.

MS. MAROTTA; No.

MR. CHAIRMAN: Yes it was.

MR. FAASSE: No, she asked

MR. LUDWIG: It was carried to October.

MR. FAASSE: -- he asked me, and I said put it on so that the Board was aware of the fact that it was dismissed in case something did come in.

MR. CHAIRMAN: We dismissed it, all right.

MR. KONINGS: So, it’s dismissed.

MR. FAASSE: So, it was my mistake then not a computer clitch.

MR. CHAIRMAN: Okay.

MR. FAASSE: For the Board’s edification, and for those that take vacations, you know, things like that.

Application #21-05 Fennelly, 6 Oak Street.

MR. CHAIRMAN: The next application is 21-05. Finnelly or Fennelly?

MR. GRYGUS: Fennelly.

MS. MAROTTA: It’s Fennelly.

MR. CHAIRMAN: Fennelly. We’ll get it right.

MS. MAROTTA: Fennelly makes it Italian.

MR. CHAIRMAN: Okay.

MS. MAROTTA: By saying Fennelly it makes it Irish.

MR. CHAIRMAN: Okay.

MR. FAASSE: Oh. How do you know whether he’s Irish or Italian.

MR. CHAIRMAN: This is the Fennelly application 21-05, 6 Oak Street. Do we have any communication on this?

MS. MAROTTA: Yea, I believe --

MR. CHAIRMAN: Oh, we do.

MR. FAASSE: Oh, okay. Steven C. Chetlas (phonetic). I write to you on behalf of my firm’s clients the Fennelly applicants. Okay, basically, bottom line is he respectfully requests that the matter be carried from the Board’s meeting of September 6th to October 4th, and he consents to an extension of time to act through October 31, 2006. So, carry it to the 4th.

MR. GRYGUS: Make a motion to carry it to the October 4th meeting.

MR. CHAIRMAN: Second on that?

MR. WILLSE: Second.

MS. MAROTTA: Eric.

MR. GRYGUS: If you had nameplates, you’d know who it was.

MS. MAROTTA: I’m Just learning these guys, I’m just starting to get their names straight.

MR. FAASSE: Well, you understand, you know, we tried to implement the procedure that when you gentlemen make a motion, you say --

MR. GRYGUS: Member, I know.

MR. FAASSE: I move Faasse, you know. I Faasse move.

MOTION TO CARRY APPLICATION TO OCTOBER 4TH MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, and Willse.

MR. FAASSE: What did they say, you can’t teach old dogs new tricks or something like that?

MR. GREGOR: That’s right.

MR. FAASSE: But the new guys, you think you guys --

MR. WILLSE: I didn’t know I was that old.

MR. FAASSE: No, I know, you think you would pick up, cause your young.

MR. CHAIRMAN: Okay.

MR. FAASSE: You sure your not Dutch?

MR. GREGOR: Oh, I am a little bit.

MR. CHAIRMAN: Moving on. We’re moving on.

MR. FAASSE: Yes, yes, I’m waiting. Marsh.

Application #9-06 Marsh, 12 Greenwood Avenue, use variance.

MR. CHAIRMAN: Application 9-06, Edward and Gail Marsh, 12 Greenwood Avenue. Okay. This application to a use variance, because of the mixup in the zoning of the area. Notice has to be sent out again, and there’s some plans that were sent here that we all received dated, I believe, August 23rd, received by the Borough. Those plans were never checked and signed off by the engineer on this project, Mr. Rotundo (phonetic). Bill got communication on Monday or Tuesday from the surveyor saying that the plans will be completed when Rotundo comes back from vacation. Hopefully, that puts it within -- before the ten day limit for our next meeting. So, we’re going to carry to October 1st --

MR. FAASSE: Fourth.

MR. CHAIRMAN: -- 4th, I’m sorry. October 4th, hopefully the plans and notice will be in time. Need a motion on this.

MR. LUDWIG: Motion to carry to October 4th.

MR. CHAIRMAN: Okay, second.

MR. KONING: Second, Art Koning

MR. FAASSE: There you go.

MR. GREGOR: And, Jack, that’ll be bulk and use variances, both.

MR. CHAIRMAN: Right.

MR. GREGOR: Yea.

MOTION TO CARRY APPLICATION TO OCTOBER 4TH MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, and Willse.

MR. FAASSE: And a decision as to the zoning on that particular lot, which was I think a decision made by the Chairman and the engineer was concurred in by the Borough attorney.

MR. CHAIRMAN: Borough attorney, right, he agrees with us.

MR. FAASSE: Yes. It should be noteworthy.

MR. CHAIRMAN: Right. Which we have a letter from the Borough attorney --

MR. FAASSE: To that effect.

MR. CHAIRMAN: -- agreeing that it’s RD3 zone.

MR. GREGOR: Can I get a copy of that letter for my file.

MR. FAASSE: What do you want, everything.

MR. GREGOR: Yea.

Application #13-06 Johnny De, 2832 Greenwood Avenue, major subdivision and use variance.

MR. CHAIRMAN: Okay. Next application is 13-06, which is John -- we’ll call it the Johnny De application, 2832 Greenwood Ave. This also fell into the confusion of the RD3 zone, so this is being changed from a minor subdivision and bulk to a use variance. New notice will have to given.

MR. HOFFMAN: It’s still a minor subdivision.

MR. GREGOR: No, that makes it a major.

MR. HOFFMAN: Oh, okay, major subdivision.

MR. CHAIRMAN: Because of there use?

MR. GREGOR: No, because anything which does not meet the definition of minor --

MR. CHAIRMAN: Because of the RD3 zone.

MR. GREGOR: -- is a major.

MR. CHAIRMAN: Okay. Now, we have something here --

MS. MAROTTA: Is his attorney aware of that?

MR. CHAIRMAN: We’ve heard from the attorney today I understand.

MR. FAASSE: Mr. Sist (phonetic).

MR. CHAIRMAN: Correct, Mr. Gregor, Mr. Faasse?

MR. FAASSE: I don’t know. Darrell W. Sist.

MR. CHAIRMAN: Dated today.

MR. FAASSE: Yea. What’s this? We had an affidavit of service.

MR. CHAIRMAN: Gerri, did you get anything on a new notice?

MS. MAROTTA: John De called me today and he said he requested a copy of the article he published, because in it he published a use variance, but he didn’t get it.

MR. CHAIRMAN: In his initial submittal, notice?

MS. MAROTTA: No.

MR. FAASSE: No, no, no, this is the one that Mr. Peck, who has since retired and absconded from the State of New Jersey.

MS. MAROTTA: He told he re-noticed every-body, --

MR. FAASSE: Shouldn’t say that with any derogatory.

MR. CHAIRMAN: He didn’t leave the State.

MR. FAASSE: He was planning on leaving the State.

MR. CHAIRMAN: He got his final.

MS. MAROTTA: -- but I don’t have anything. He didn’t give me the receipts.

MR. CHAIRMAN: It’s the original notice.

MR. FAASSE: He had original notice, and then he re-noticed -- Peck re-noticed.

MR. CHAIRMAN: Right, exactly.

MR. FAASSE: Didn’t he provide that affidavit and everything? Well, we can check this out. But, in any event, --

MR. CHAIRMAN: The first time that came we didn’t hear him because there was a --

MR. FAASSE: -- it’s carried to October the 4th, with a motion.

MR. CHAIRMAN: -- a problem with the notice.

MR. LUDWIG: But meanwhile he’s building down there, what’s up with that?

MR. CHAIRMAN: No, that’s a different piece of property.

MR. FAASSE: Oh.

MR. GRYGUS: That’s a different piece of property.

MR. CHAIRMAN: That’s the Planning Board approved that one, not us.

MR. GRYGUS: I’ll make a motion to carry it to the October 4th meeting, member Grygus.

MR. FAASSE: And then we’ll check out the notice requirement. Because I know Mr. Peck gave it all over again, he argued with me.

MR. CHAIRMAN: Your right.

MR. FAASSE: And he put it in the paper.

MR. CHAIRMAN: Right.

MR. FAASSE: It went definitely in the paper.

MR. CHAIRMAN: Okay.

MS. MAROTTA: He advertised for a use.

MR. FAASSE: Oh, yea.

MR. CHAIRMAN: I think so.

MR. FAASSE: Because that’s the only way we had jurisdiction, and he argued it. Remember we had the argument in the first meeting --

MR. CHAIRMAN: Your right.

MR. FAASSE: -- and he said it’s not a use variance, Mr. Faasse. I said then we don’t have jurisdiction.

MR. CHAIRMAN: Before we leave tonight let’s check their folder.

MR. GRYGUS: Cause of density.

MR. FAASSE: Right.

MR. CHAIRMAN: Okay.

MR. LUDWIG: I’ll second that.

MR. FAASSE: So, he finally capitulated in --

MR. CHAIRMAN: Right. Okay.

MOTION TO CARRY APPLICATION TO OCTOBER 4TH MEETING: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, and Willse.

MR. CHAIRMAN: Now, how about time on that?

MR. FAASSE: That one might be a problem.

MR. CHAIRMAN: Gerri, we have a time extended from Johnny De?

MR. GRYGUS: Only good to 9/24.

MR. FAASSE: 9/24, yea.

MR. CHAIRMAN: Yea, I don’t think we’re good.

MR. FAASSE: So, it would be that we carry it till October the 4th with a 90 day extension.

MR. GRYGUS: With a stipulation that we get a 90 day extension --

MR. CHAIRMAN: Right.

MR. GRYGUS: -- before or it will be dismissed without prejudice.

MR. FAASSE: Yea, we should mark these.

MR. CHAIRMAN: I know, we got to -- we got so many --

MR. FAASSE: Start marking these.

MR. CHAIRMAN: -- I know.

MR. FAASSE: Cause I know like Morris got an extension. Miuccio we asked for one, I assume it’s in the file.

MR. GRYGUS: Maybe after we put the incompletion date, maybe we could put the expiration date.

MR. CHAIRMAN: Extension dates.

MS. MAROTTA: His completion date was May 24th.

MR. GRYGUS: And then every time you do the agenda, you could change it based upon the extensions.

MR. CHAIRMAN: Right.

MR. GRYGUS: Then we would know just by looking at the agenda.

MS. MAROTTA: So, how many days you got?

MR. CHAIRMAN: 120 days.

MS. MAROTTA: June, July, August, September.

MR. CHAIRMAN: It’s four months, it expires September 24th. Member Gregor is our time clock.

MS. MAROTTA: Okay, so what do you want me to do?

MR. CHAIRMAN: Did he sign an -- we talked about something with him.

MS. MAROTTA: No, he didn’t.

MR. CHAIRMAN: He didn’t.

MR. GREGOR: He’s got to be notified that it will be dismissed without prejudice if we do not receive the 90 day extension before September 24th.

MR. FAASSE: Right. So, your moving that replacement motion.

MR. GREGOR: Right.

MR. FAASSE: Whose seconding it?

MR. CHAIRMAN: Art.

MR. LUDWIG: Ludwig.

MR. CHAIRMAN: Don.

MS. MAROTTA: Yes, I did a roll call already.

MR. CHAIRMAN: But now we just changed --

MR. FAASSE: We just have an amendment.

MR. GREGOR: Amended the --

MS. MAROTTA: What are we doing now?

MR. CHAIRMAN: We amended it.

MR. LUDWIG: I’ll second the amendment.

MR. CHAIRMAN: Right. We amended our carry.

MS. MAROTTA: What?

MR. CHAIRMAN: We amended our carry forward.

MR. GRYGUS: We amended the carry to add the stipulation that it be --

MS. MAROTTA: Okay.

MR. FAASSE: We replaced the existing motion with a new motion.

MS. MAROTTA: Okay, and you made the motion again, and you seconded it again.

MR. LUDWIG: I’ll second it.

MS. MAROTTA: Okay.

MOTION TO AMEND MOTION TO CARRY APPLICATION TO OCTOBER 4TH MEETING: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, and Willse.

MR. CHAIRMAN: Please send that letter out to Johnny De and the attorney as rapidly as possible.

MR. FAASSE: There you go. Okay. Koslosky, is that on for tonight, are we ready on that one?

Application #18-06 Ott, 9 First Avenue, use, bulk, and any other special condition.

MR. CHAIRMAN: Okay, now, the last one we’re here going to hear quickly is 18-06, which is the Ott application, which is 9 First Avenue, this is on a use, bulk, and any other special condition. I believe we heard from this applicant today, also, Gerri?

MS. MAROTTA: Yes.

MR. FAASSE: Yea, there’s a request that we carry it to the October 4th meeting, cause he couldn’t comply with all the requirements that Mr. Gregor set forth in his letter. Did I summarize that right? I think it was a handwritten note on a yellow piece of paper. Ger? Not yellow. Oh, we did get a letter. That’s right, I summed it up. But we also have a problem here, as that I don’t have any proof of notice, Ger.

MR. CHAIRMAN: Did we ever get the notice?

MR. FAASSE: I have no proof of notice on this one.

MR. CHAIRMAN: Because actually tonight’s the first, this was not on our agenda.

MS. MAROTTA: He didn’t do anything yet.

MR. FAASSE: Okay. All right, so it’s going to be carried for a twofold purpose, one that the applicant requested the adjournment, and, two, because there’s no notice.

MR. GRYGUS: Ralph, would it be prudent or would it be proper for this board to perhaps advise the applicant that it -- they want to consider seeking counsel advise on that application.

MR. GRYGUS: That’s a very unique application.

MR. FAASSE: He has an attorney.

MR. GRYGUS: What’s that?

MR. FAASSE: He has an attorney on this one. This one was filed --

MR. GRYGUS: Oh, that was filed by the attorney.

MR. FAASSE: Authorized agent, attorney. That’s why I’m very surprised that --

MR. GRYGUS: Okay. I didn’t see, okay.

MR. CHAIRMAN: He copied his attorney.

MR. FAASSE: Yea, he copied his attorney.

MR. GRYGUS: Okay. I thought that the application only had his name on it, I don’t remember seeing it.

MR. CHAIRMAN: No, no, the attorney’s on the face.

MR. GRYGUS: Oh, is he.

MR. CHAIRMAN: Yea.

MR. GRYGUS: Okay.

MR. CHAIRMAN: The face copies got the attorneys name and address.

MR. GRYGUS: Okay.

MR. LUDWIG: Somebody make a motion or no?

MR. LEONARD: Not yet.

MR. LUDWIG: I’ll make a motion to carry that to October 4th.

MR. LEONARD: Second.

MS. MAROTTA: Ed, you second it?

MR. LEONARD: Yea.

MOTION TO CARRY APPLICATION TO OCTOBER 4TH MEETING: made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, and Willse.

THE CHAIRMAN: Okay. We’re doing good, we trimmed it down.

MR. FAASSE: Yea, that’s it.

MR. CHAIRMAN: It’s looking better by the minute, okay. Now, this is a use variance.

MR. FAASSE: Huh.

MR. CHAIRMAN: Frank will be here at 8:30, I just wanted to make sure we got enough people, otherwise we’ll do something else first.

MR. FAASSE: Which one’s the use?

MR. GRYGUS: August 22nd, so I guess this is the most recent.

MR. FAASSE: One, two, three, four -- we got seven vote.

Application #10-06 Miuccio, 106 Monroe Street, bulk and use variance.

MR. CHAIRMAN: Okay. Next application we’re going to move to is Miuccio, which is -- what number is this?

MR. FAASSE: It looks like 10-06.

MR. CHAIRMAN: 10-06, 106 Monroe Street, this is on a bulk and a use variance. Good evening. Now, we didn’t take any testimony.

MR. FAASSE: No, we never started it.

MR. CHAIRMAN: And would like to swear them.

MR. FAASSE: Oh, absolutely. Your nice and comfortable sir, would you please stand, raise your right hand.

N I C H O L A S B Y R O N M I U C C I O, SWORN

MR. FAASSE: For the record your full name, please.

MR. MIUCCIO: Nicholas Byron Miuccio.

MR. FAASSE: Okay. One of the applicants. Is this a husband a wife situation? I’m not sure, let me look at the application.

MR. MIUCCIO: I am married, but I don’t believe she’s on the deed.

MR. FAASSE: She’s not on the deed.

MR. MIUCCIO: No.

MR. FAASSE: Okay. Smart man -- I mean.

MR. GREGOR: Gerri, send a copy of this tape to Mr. Faasse’s wife.

MR. FAASSE: That’s the advice I gave my son. He bought the house when he was single, and I said why give it to the woman.

MR. CHAIRMAN: Always starting trouble, Ralph.

MR. FAASSE: Yea, I know.

MR. CHAIRMAN: Okay.

MR. FAASSE: The biggest problem is she carries a gun.

MR. CHAIRMAN: Your wife does.

MR. FAASSE: No, my daughter-in-law.

MR. CHAIRMAN: Oh, okay, that’s right, she’s a police officer.

MR. FAASSE: Yes.

MR. CHAIRMAN: Okay. Mr. Miuccio.

MR. MIUCCIO: Yes.

MR. CHAIRMAN: Why don’t you explain to the Board what your seeking?

MR. MIUCCIO: I’d like to convert my family into a two family house. Actually, I asked it be a mother/daughter, I was told that you guys do not recognize mother/daughters or that’s not a classification of a house anymore. What I’d like to do is separate the utilities for a one bedroom apartment, and have the house expand, and live in the rest of the house me and my wife and my child. I’d