“SPECIAL MEETING”

WANAQUE LANDSCAPING & GARDEN SUPPLY

Salute to Flag:

This is a “Special 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 3rd day of March 2006 and a notice 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 Frank Covelli, Peter Hoffman, Ed Leonard, Art Koning, Eric Willse, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Members William Grygus, Don Ludwig and Ted Roberto.

Application #02-06 “Wanaque Landscaping & Garden Supply”, 1434 Ringwood Ave., Block 478 Lot 3 Interpretation of Zoning Ordinance of the Borough of Wanaque.

Attorney Jerome Vogel of Jeffer, Hopkinson & Vogel, 1600 Route 208 North, Hawthorne, N.J. 07506 came forward on behalf of the applicant. Atty. Vogel explained that he and his client are here tonight for an interpretation of the zoning ordinance in one respect and for a Certificate of a Prior Non-Conforming Use. There is an addendum that Atty. Vogel supplied to the application that explains specifically what this application is about. Atty. Vogel said in Section 114-12 the “B” District, the ordinance clearly provides for retail sales and it says: “Retail sales customarily found in and associated with contemporary centers of shopping and general business”. Wanaque Supply not only does retail sales but it also does wholesale sales. Atty. Vogel said in the IR-1 District, Section 114-4 permitted uses are “wholesaling, warehousing and distribution activities” and that is clearly what Wanaque Supply does. Atty. Vogel handed out a copy of the first page of the Zoning Ordinance that indicates that under history, Page 1, the ordinance was adopted by the Mayor & Council of the Borough of Wanaque on January 31, 1979. Under the statute and under the Borough’s Ordinances, Section 114-51, any use that existed that was made a non-conforming use by an ordinance is permitted by law to continue. The Borough’s Ordinance 114-Section 51 specifically says that and more importantly the Municipal Land Use Law provides for it. The reason people want to get a certificate from the Board of Adjustment is that they want to be sure that people can be sure what their prior non-conforming use is.

Atty. Faasse asked Atty. Vogel if he was asking for alternative relief. Atty. Vogel responded and said he wants the certificate that says it’s a prior non-conforming use. Atty. Vogel said clearly retail is permitted in the “B’ Zone but its not clear that wholesales is permitted.

Atty. Faasse asked the Board Members if anyone had any questions for Atty. Vogel and does everybody understand where this application is going. No one asked questions.

Atty. Vogel passed out photos (16 pictures) of the property to the members of the Board and was marked Exhibit A-1.

Morgan Storms, 2 Argyle St., Haskell, N.J. came forward and was sworn in by Atty. Faasse.

Mr. Storms is the owner of Wanaque Supply and is 66 years old. Mr. Storms said Wanaque Supply was started by his father Morgan Storms, Sr. in 1946. The earliest recollection of the business Mr. Storms has is that he lived in Pompton Lakes with his parents until he was 10 years old. The family moved to Haskell and Mr. Storms entered the third grade, therefore, from that point on he has had knowledge of the business. Mr. Storms has worked in this company for almost 47 years. Atty. Vogel asked Mr. Storms to describe the nature of the business. Mr. Storms said at the beginning it was an excavating business, then a retail business which they did landscaping and had nurseries and greenhouses. They also had a small stone yard that is in one of the photos presented. The original store sold (picture submitted earlier) was filled with landscaping supplies such as tools, grass seed and fertilizer.

Over the years the nature of the materials sold changed and increased especially in the hardware area and branched out into a lumberyard and fence company. At one time, Mr. Storms went on to say, they had a real large stone yard before the ramp for Rt. 287 was put in. They’ve downsized the stone business somewhat and are more into cinderblocks, bricks, pavers and copingstones. They sell these supplies to homeowners and contractors. Atty. Faasse asked if Rt. 287 took any of the property and Mr. Storms said yes they did take 10 or 15 feet just in front of the property. Mr. Storms went on to described the sixteen (16) photographs that were submitted.

Mr. Storms started to work in the business while he was in high school and college during the late 50’s. The fence company was started in 1959 and Mr. Storms has continuously worked in the company ever since. Atty. Vogel asked Mr. Storms if there has ever been any interruptions to the operation of the business from the time his father started it until today and Mr. Storms said no. Atty. Vogel also asked Mr. Storms if he’s ever been notified by anybody from the Borough or from any governmental agency that the business was not a permitted use or anything they were doing on the property was contrary to existing ordinances or any laws governing the operation of the business and Mr. Storms said no.

Eng. Gregor asked about the boundaries of the property, other than the small piece of land taken by Rt. 287, has the boundaries of the property change to Mr. Storms knowledge. Mr. Storms said yes and that his family owned the present building and north for about 600 yards that included a swamp many years ago. Where the ramp comes off Rt. 287 just north of that a little bit and part of that was a swamp on Ringwood Avenue at one time and a man by the name of Fred Yetta owned the property and Mr. Storms’ father bought the property from Mr. Yetta who owned the Yetta Bakery in Wanaque. Then, Leon Feinbloom’s father purchased the property from Mr. Storms’ father somewhere around 1960 and then the A & P was built. The Storms family at that time only owned from the northern side of their building 30 feet into the A & P parking lot. They had such a good relationship with the A & P owners they used the parking lot all the time. Then, the A & P came up for sale and the Storms family was going to purchase it but it didn’t happen and someone else bought it and two or three years later Rt. 287 came in and bought the property. Upon completion of Rt. 287, there was a chunk of property between Rt. 287’s boundary and the applicant’s business that was approximately one acre. After everyone settled with the State of N.J. part of the deal was that the Storms’ would acquire that piece of land from the state.

Chairman Dunning asked Mr. Storms where the gas line runs through the property, it looks like some of the buildings are basically on it and has it every been a problem? Mr. Storms said it has never been a problem for him and two corners of the building are on the easement presently and that’s because the buildings where there long before the gas line came through. Chairman Dunning wanted to know when the gas line came through and Mr. Storms said probably in the early 50’s. Chairman Dunning wanted to know if there were any vent pipes coming off the gas line on Mr. Storms property. Mr. Storms said not on his property, but there is a vent pipe and its on someone else’s property.

One of the members asked Mr. Storms if he sold propane and said they sell only the tanks and that Uni-Rents sells the propane. Chairman Dunning asked how long the two apartments in the building have been used as apartments. Mr. Storms said since the late 50’s. Chairman Dunning wanted to know where do the residents park and Mr. Storms said they both have their own parking spots and one is directly behind the building but the one resident recently got married and uses his apartment as an office and the other tenant use to park on the side of the building but recently bought a house in Wanaque and the apartment is vacant.

Atty. Vogel said, essentially that is the application and they are seeking a “Certificate of a Prior Non-Conforming Use” for the continuation of the same business that Wanaque Supply has had since the late 40’s early 50’s to continue the uses in the buildings. They do not plan on changing the buildings, do not intend to expand the property, do not intend to make any additions, and are just here simply to confirm the existence of a prior non-conforming use.

Chairman Dunning asked Atty. Faasse, if the building was destroyed by fire what would happen to the non-conforming use? Atty. Vogel asked if he could answer that question and he read: “no building which contains a non-conformity use shall be structurally altered or enlarged or moved to another location where such use would continue to be non-conforming or restored for other than a conforming use after damage from any cause which exceeds 50 % of its replacement cost exclusive of foundation” Section 114-52 in the Borough Ordinance. Chairman Dunning wanted to know if it was destroyed by fire, flood etc., it loses its use? Atty. Faasse said you have a substantial question because a lot of this use is in various different buildings and also along the grounds, such as storing supplies out in the open. Chairman Dunning said it’s a multiple use inside and exterior on the ground and a very odd use that the Board doesn’t generally deal with. Atty. Vogel said that if anyone has a building like this with multiple use, they come back to the Board of Adjustment and they say they have 50% or more destroyed and have a business and would like to rebuild; and sometimes the Board says we’ll let you rebuild but we want you to move the building here, there etc., and that’s what typically happens and a site plan has to be updated. Member Hoffman wanted to know if the “Certificate of Non-Conforming Use” is granted, does it go with the property or with the owner? Atty. Faasse answered and said it goes with the property and said that Atty. Vogel probably has someone interested in this property and before they spend the money they want to know specifically what is the use. One of the members asked if the Certificate also includes legalizing the two apartments? Eng. Gregor said you’re allowed to have two apartments above a retail store. Atty. Vogel said he wouldn’t have a problem if the Board identifies specifically the building you wish to locate the apartments. Mr. Storms showed the Board which building has the two apartments over it and explained what the other buildings are used for.

Atty. Faasse asked Mr. Storms if this business is all one commercial enterprise and Mr. Storms said it is one corporation. Mr. Storms said, at one time there were two separate entities; one was “Wanaque Fence Company” and one was “Wanaque Landscaping Garden Supply”. Mr. Storms’ father had set that up so his business would be separate from his son’s. His father stayed “Wanaque Supply” and Mr. Storms was “Wanaque Fence Company”. When Mr. Storms’ father passed away several years ago there was no need any longer to have two separate businesses and Mr. Storms just combined the two. There are a total of 18 to 20 employees on site and right now they probably have 13 or 14 because they are downsizing. Atty. Faasse asked, other than the people that shape up in the morning and leave the site, how many are actually on site? Mr. Storms said about 10 to 12 and that does vary because of the number of college kids that work there at certain times of the year. The hours of operation are from 7:00 A.M. to 5:00 P.M. Monday through Saturday and closed on Sunday.

OPEN TO PUBLIC FOR QUESTIONS TO THE WITNESS: None/Closed

OPEN TO PUBLIC FOR STATEMENTS: None/Closed

Member Covelli asked how often does the business receive deliveries. Mr. Storms said daily by tractor/trailers, dump trucks, pick-up trucks etc. and about an average of 8 to 12 a week.

Eng. Gregor asked Atty. Vogel if this application is strictly for a certificate of the existing use and not any future use and Atty. Vogel said yes.

Atty. Vogel said, just so everyone is clear about this, the applicant is not looking for anything more than what’s there and just wants to be sure that what’s there is memorialized. Atty. Faasse said one of the things the Board may want to ask the applicant for is a product list of what is sold before the Board makes a decision on this application.

Atty. Faasse mentioned the hours of operation and being closed on Sunday and if the Board gives the applicant a Certificate he can’t expand and start opening on Sundays and stay open until 9:00 P.M. Atty. Vogel spoke up and said, he’s not so sure he agrees with that statement and that hours of operation are not in the Zoning Ordinance. Hours of operation are police ordinance, and unless the Borough has an ordinance that states the hours of operation of businesses, Zoning Board of Adjustment and Planning Board have no control over hours of operation. Atty. Faasse disagreed and said they are asking for a non-conforming use and what’s a non-conforming use? Atty. Vogel said it has nothing to do with time and it has to do with the operation of a piece of property. Atty. Faasse still disagreed. Atty. Vogel said the hours of a business are not part of the use. Chairman Dunning said to Atty. Vogel he thinks the Board’s main concern is will the wholesale business expand and put a much heavier use on the property with regard to traffic and trucks coming in and out. Atty. Vogel answered and said if the wholesale business does well and has more business there will be more traffic. As an example, Mr. Storms does more business now than he did in 1990, 1980, 1970, 1960 & 1950 and that is the nature of business and what the economy is all about. The question is, did they go into a different business than was there before, and if the answer is yes, they can’t have that extra volume, and if the answer is no, they’ve stayed in the same business.

Chairman Dunning asked Atty. Faasse how does the Board deal with the list of products that are presently sold and can’t expand from that? Atty. Vogel said if the Board wants, he can draft up something and submit to the Board and see if the Board has a comfort level with it. Atty. Faasse said that is the simplest way to handle it and Atty. Faasse still has the question about the expansion of the time.

It was decided that Atty. Vogel would compile a list of products sold and will be at the April 5^th Meeting of the Board of Adjustment to finish up this application.

MOTION TO CARRY APPLICATION TO THE APRIL 5, 2006 MEETING:

made by Member Willse, seconded by Member Hoffman, voting yes were Chairman Dunning, Members Covelli, Hoffman, Leonard, Koning and Willse.

ADJOURNED AT: 9:44 P.M.

_____________________________

Gerri Marotta

Board of Adjustment Secretary