BOARD OF ADJUSTMENT MEETING
BOROUGH OF WANAQUE
MINUTES
SPECIAL MEETING
May 9, 2007
1 BOROUGH OF WANAQUE
2 BOARD OF ADJUSTMENT
3 SPECIAL MEETING
4
5 IN THE MATTER OF THE :
6 APPLICATION RE: :
7 STRENGTHEN OUR SISTERS, INC., :
8 BLOCK 229,
9 LOTS 12 AND 13 - USE VARIANCE :
10 - - - - - - - - - - - - - - - - - -
11
12 Transcript of Proceedings,
taken in
13 the above-entitled matter by JOANNE M. OPPERMANN,
14 a Certified Shorthand Reporter (License No.
1435)
15 and Notary Public of the State of
16 taken at the WANAQUE BOROUGH HALL, Council
17 Chambers,
18
19 7:30 PM.
20
21
22
Certified Shorthand Reporters & Videographers
25 (973) 728-2905
2
1 B E F O R E:
2
3 BOROUGH OF WANAQUE BOARD OF ADJUSTMENT
4
5 P R E S E N T:
6
7 JACK DUNNING, CHAIRMAN
8 FRANK COVELLI, BOARD MEMBER
9 BRUCE GRYGUS, BOARD MEMBER
10 PETER HOFFMAN, BOARD MEMBER
11 DON LUDWIG, BOARD MEMBER
12
ED LEONARD, BOARD MEMBER
13 MICHAEL O'HANLON, ALTERNATE #2
14 WILLIAM R. GREGOR, P.E., BOARD ENGINEER
15 RALPH E. FAASSE, ESQ., BOARD ATTORNEY
16 GERRI MAROTTA, BOARD SECRETARY
17
18
19
20
21
22
23
24
25
3
1 A P P E A R A N C E S:
2
3 DRINKER BIDDLE & REATH, L.L.P.
4 BY:
CHRISTINE CARTWRIGHT BAKER, ESQ.
5 -and- BY:
MICHAEL SMITH, ESQ.
7
8 Attorneys for the Applicant
9
10 LAW OFFICE OF ANTHONY FIORELLO
11 BY:
ANTHONY FIORELLO, ESQ.
13
14 Borough Attorney for the Borough of Wanaque
15
16 LAW OFFICE OF JEFFREY L. KANTOWITZ
17 BY:
JEFFREY L. KANTOWITZ, ESQ.
19
20 Special Counsel for Affordable Housing for
21 the Borough of Wanaque
22
23
24
25
4
1 I N D E X
2
3 WITNESS PAGE
4
5 By Ms. Baker 11
6
7 SANDRA RAMOS
8 By Ms. Baker 68
9
10 CHRISTINE A. COFONE
11 By Ms. Baker 79
12
13 ARTHUR BERNARD
14 By Mr. Kantowitz 106
15
16 THOMAS F. CARROLL
17 By Mr. Kantowitz 122
18
19
20
21
22
23
24
25
5
1 E X H I B I T S
2
3 NUMBER
DESCRIPTION
PAGE
4
5 A-1
12/21/98 Letter requesting
Premarked
6 confirmation that the property
7 could be used for a shelter
8 A-2
12/28/98 Letter confirming
Premarked
9 pre-existing nonconforming use
10 A-3
3/17/99 Letter requesting
Premarked
11 confirmation use was acceptable
12 A-4
3/25/99 Letter advising that the
Premarked
13 Zoning Office has no objection to
14 proposal
15 A-5
4/7/99 Letter providing detailed
Premarked
16 information regarding the property,
17 the usable floor area of each
18 apartment and occupancy analysis
19 A-6
4/13/99 Letter confirming receipt
Premarked
20 of the occupancy calculations and
21 that an occupancy of 15 persons is
22 permitted
23 A-7
11/28/06 Case Management Order
Premarked
24 entered by Superior Court of New
25
6
1 E X H I B I T S (CONTINUED)
2
3 NUMBER
DESCRIPTION
PAGE
4
5 A-8
4/19/07 Letter forwarding letter
Premarked
6 from William Connolly/DCA with
7 1/5/07 Report prepared by DCA
8 A-9
Letter forwarding use variance
Premarked
9 application with 3/20/07 Order
10 Confirming Settlement, 3/20/07
11 letter from Connolly/DCA and
12 historical surveys
13 A-10
As-Built Plans (559-563 Ringwood)
Premarked
14 A-11
As-Built Plans (551 Ringwood)
Premarked
15 A-12
As-Built Plans (532 Ringwood)
Premarked
16 A-13
DAB Survey (551 & 561 Ringwood)
Premarked
17 A-14
DAB Survey (532 Ringwood)
Premarked
18 A-15
Revised As-Built Plans for all 3
Premarked
19 facilities
20 A-16
3/28/01 Memo confirming 551
Premarked
21 Ringwood in compliance with
22 construction and zoning code
23 A-17
5/12/03 Memo confirming 563
Premarked
24 Ringwood in compliance with
25 construction and zoning code
7
1 E X H I B I T S (CONTINUED)
2
3 NUMBER
DESCRIPTION
PAGE
4
5 A-18
7/6/05 memo confirming 532
Premarked
6 Ringwood in compliance with
7 construction and zoning code
8 A-19
2/15/06 Memo confirming 551
Premarked
9 Ringwood in compliance with
10 construction and zoning code
11 A-20
10/11/05 Letter from Mayor of
Premarked
12 Wanaque, Warren Hagstrom, regarding
13 532 Ringwood
14 A-21
10/13/06 Letter from DCA (Div. Of
Premarked
15 Codes and Standards) confirming SOS
16 operates shelters and licensing is
17 not a legal precondition
18 A-22
11/18/06 Fire Inspection
Premarked
19 Certificate for 551 Ringwood
20 A-23
12/9/06 Fire Inspection Certificate Premarked
21 for 561 Ringwood
22 A-24
5/1/07 Letter confirming shelters
Premarked
23 will be licensed upon receipt of
24 local zoning approval
25 A-25
Photos of parking areas
Premarked
8
1 E X H I B I T S (CONTINUED)
2
3 NUMBER
DESCRIPTION
PAGE
4
5 A-26
4/30/07 Parking Analysis
Premarked
6 A-27
Wanaque Housing Element/Fair Share
Premarked
7 Plan
8 A-28
4/30/07 Planning analysis of use
Premarked
9 variance application
10 A-29
SOS brochure Premarked
11 A-30
Stop Family Violence flyer
Premarked
12
13
14 (Exhibits retained by counsel.)
15
16
17
18
19
20
21
22
23
24
25
9
1 THE CHAIRMAN: This is a Special
2 Meeting of the Wanaque Board of Adjustment
for
3 continuation of a public hearing on
application
4 #04-07, Strengthen Our Sisters, 561-563 Ringwood
5 Avenue.
6 Adequate notice has been given
by
7 duly advertised Notice by the fax of the
Notice to
8 the Suburban Trends and Herald News on the
4th day
9 of May, 2007, the Notice thereof is posted
on the
10 bulletin board in the municipal
building. Copy
11 thereof is on file with the Borough Clerk.
12 Roll call.
13 (Roll call.)
14 THE CHAIRMAN: Counselor, you want
15 to start where we left off? You've also handed
16 out a new packet.
17 MS. BAKER: Yes, I just wanted to do
18 a couple preliminary things first, for the
record.
19 Christine Baker; Mike Smith;
of
20 Drinker, Biddle & Reath; for Strengthen
Our
21 Sisters.
We do have a court reporter here
22 tonight.
23 MR. FAASSE: Is she taking the
24 minutes?
25 MS. BAKER: I also wanted to let you
10
1 know that the court did enter an order
extending
2 the time for the use variance to be heard
and
3 decided, until May 9th, 2007. An order was
4 entered today, faxed to my office, as I was
5 walking out the door, so I don't -- I have
just
6 one copy, which I'd be happy to provide to
7 Mr. Faasse.
8 MR. FAASSE: We don't have our
9 photocopy machine.
10 (Whereupon, a discussion is
held off
11 the record.)
12 MS. BAKER: So we do have through
13 May 9th, which is today, to get this
resolved.
14 I'm going to do my best to expedite the
whole
15 process.
In order to do that, I think you
16 probably have noticed that what we did was
I took
17 the liberty of premarking all of our
exhibits and
18 put them together in a package so everybody
should
19 have a complete copy of the exhibits, as
well as
20 what I provided you with is a list of
everything
21 that was marked last week as well as the
exhibits
22 that were premarked for tonight's hearing.
23 What I also did was provide
the
24 court reporter with a list of the exhibits
that I
25 would ask her to include the list in the
11
1 transcript.
2 I wanted to tell you what
we're
3 going to do tonight. I'll call back
4 Lamontagne to finish her testimony; Sandra
Ramos
5 to finish her testimony. I have a planner here
6 tonight, Christine Cofone, that I'll call;
and
7 then the Borough's planner, Art Bernard, is
here
8 and plans to testify.
9 With your permission I'll call
10 Ms. Lamontagne.
11 THE CHAIRMAN: Okay.
12
13 LENA LAMONTAGNE, previously
sworn.
14
15 MR. FAASSE: You were sworn last
16 time, correct?
17 THE WITNESS: Yes, I was.
18 MR. FAASSE: You're under oath.
19 Identify yourself for the testimony. Even though
20 we have a stenographer here, we still have
to make
21 a tape.
22 THE WITNESS:
24 MR. FAASSE: And your position with
25 Strengthen Our Sisters is?
12
1 THE WITNESS: Education coordinator.
2 MS. BAKER: Last week we stopped in
3 the middle, Ms. Lamontagne going through
and
4 explaining, describing the buildings, the
rooms
5 and the facilities themselves. So we're just
6 going to continue with that. We got interrupted,
7 I believe in the middle of describing the
second
8 facility which is commonly known as the
Berrie
9 House.
What I'm putting up now is what's been
10 marked as A-15. These are virtually identical to
11 the ones that were previously
provided. There
12 were some minor revisions made in response
to
13 comments by Mr. Gregor.
14 MR. FAASSE: So we're clear for the
15 record, this is an exhibit prepared by whom
and
16 under what date?
17 MS. BAKER: I didn't hear,
18 Mr. Faasse.
19 MR. FAASSE: For the record, you say
20 these are almost identical to the other
ones
21 previously filed?
22 MS. BAKER: Yes.
23 MR. FAASSE: Who prepared this
24 particular exhibit and what was the date?
25 MS. BAKER: These were prepared by
13
1 our architect and revisions were as of, I
believe
2 it was April 30th, 2007, they were provided
to
3 Mr. Gregor on that date.
4 What we're looking at --
despite my
5 promise to be more organized this week, I'm
off to
6 a bad start.
7 MR. FIORELLO: Mr. Faasse, if I
8 could interrupt for the record. Anthony Fiorello;
9 Borough Attorney of Wanaque.
10 These are plans that are
entitled
11 As-Built Plans at
12
13 they are prepared by -- they are sealed and
14 prepared by Om Atelier, architects located
at 550
16 MS. BAKER: What we're looking at is
17 the final page of Exhibit A-15, which
should have
18 been the first document in your package.
19 MR. GREGOR: If I may interrupt you
20 for a second? We do have a problem. We have the
21 same drawing with the same date with
different
22 information and no revisions on it. So we're
23 going to have to be very careful. We've got two
24 drawings with two different information
with
25 exactly the same revision dates on them.
14
1 MS. BAKER: I think, though, what
2 you forgot to do was add in the revised
date.
3 That's what you're saying? Ordinarily the plans
4 would have revised as of date.
5 MR. GREGOR: So we're all talking
6 about the same drawing when we're talking
about
7 them.
8 MS. BAKER: I did give everyone
9 sealed copies.
10 MR. GREGOR: What I would suggest
11 is -- I'm going to leave it to you how we
do it,
12 but somehow we have to mark these now
drawings
13 which have the square footage of the floor
area on
14 it differently than the old drawings you
have with
15 the same revision date.
16 THE CHAIRMAN: The set of drawings
17 represents three different buildings. Is there a
18 master set dealing with all three
properties?
19 This is a master set dealing with all three
20 properties?
21 MS. BAKER: That's correct.
22 MR. FAASSE:
Member Ludwig is here.
23 We had no testimony yet. We re-swore the witness
24 or confirmed the fact that she had been
priorly
25 sworn and we're still trying to mark the
first
15
1 exhibit.
Correct?
2 MS. BAKER: Yes.
3 MR. FAASSE: We have no testimony,
4 so in my opinion, he would still be
qualified to
5 vote if --
6 MS. BAKER: And that's acceptable to
7 me.
8 MR. GREGOR: A-10 and A-11 are now
9 obsolete even though they have the same
revision
10 date.
Does that suffice for everyone?
11 MR. FAASSE: Is that true?
What
12 about A-12?
13 A-15 supersedes A-10, 11 and
12,
14 counsel?
15 MS. BAKER: I stand corrected. It
16 supersedes Exhibits 10 and 12 but not
Exhibit 11.
17 Exhibit 11 is the as-built plans for Berrie
House
18 which were not -- no revisions were made.
19 MR. FAASSE: So A-10 and A-12.
20 Superseded by A-15.
21 MS. BAKER: That's correct.
22 MR. FAASSE: Okay.
What we're
23 putting up now is Exhibit A-11, which are
the
24 As-Built Plans for 551 Ringwood, which is
the
25 Berrie House.
16
1 And if I recall correctly,
2 Ms. Lamontagne had started describing the
3 facilities and I'll ask her to go ahead and
4 continue where you were.
5 Counsel, we have a page that
6 duplicates A-11 and A-15. The package you gave
7 us, A-11 is the third sheet, if I'm not
mistaken,
8 is replacement for A-11.
9 MS. BAKER: Okay.
10 MR. FAASSE: Is that correct?
11 MS. BAKER: Yes, you're right.
12 MR. FAASSE: So A-11 is also
13 obsolete?
14 MS. BAKER: Yes.
So we're looking
15 at third page of A-15 now.
16 MR. FAASSE: Now we supercede 10, 11
17 and 12.
18 MS. BAKER: You can go ahead.
19 THE WITNESS: Okay.
So let's start
20 with the first floor plan. The center drawing,
21 we'll start with the first floor plan, we
have the
22 bottom half of the drawing which is facing
24 drawing on the right is the computer repair
shop,
25 and the room on the left is the --
17
1 (Interruption.)
2 Center drawing, again let's go
to
3 the bottom half of the drawing, which is
the
4 Ringwood Avenue, facing
5 the computer repair shop and we have the
legal
6 clinic, which is adjacent to that. In between we
7 have a staircase which goes up to the
second
8 floor.
Behind the building there is an entrance
9 to an apartment, and we're talking about
here --
10 hold on a second, let me see where I am.
11 (Pause.)
12 Right, there's a doorway which
13 enters an apartment, with a small kitchen,
a
14
bedroom and bathroom which also enters into the
15 hallway of another apartment. Which has a
16 bedroom.
And then if we go above the hallway we
17 have a kitchen and another bedroom and a
bathroom
18 and then an exit to the back of the
building
19 (indicating.)
20 MS. BAKER: How about upstairs?
21 THE WITNESS: Okay.
Second floor,
22 if we are going to the back of the building
where
23 the --
24 MR. LUDWIG: Wait a second. On the
25 first floor, that's two apartments or one
18
1 downstairs?
In the rear.
2 THE WITNESS: It's considered one,
3 continuous flow of an apartment. It does have a
4 little kitchenette here and a bathroom; on
the
5 side there's an entrance (indicating.)
6 MR. LUDWIG: I didn't see it labeled
7 as a kitchen, okay.
8 THE WITNESS: Okay?
Then on the
9 second floor from the rear of the building,
we
10 have two entrances into the facility. One enters
11 a bedroom, which then enters the kitchen,
which
12 then enters a hallway into two additional
13 bedrooms.
And then there's also an entrance out
14 to the staircase to the front of the
building.
15 Which opens up into another storage area,
connects
16 to the -- we're going towards the back of
the
17 building, you have the bedroom here, a
bathroom
18 and then a kitchen. And then an exit back out
19 onto the porch in the back of the building
20 (indicating.)
21 MS. BAKER:
22 Q.
Is the basement used at all?
23 A.
The basement is used.
24 Q.
Does anyone else live down there?
25 A.
No, nobody lives down there.
19
1 Q.
Going to Cathy's house, which is