March 4, 2009                                                                     


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 Herald & News on February 5, 2009 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, Peter Hoffman, Don Ludwig, Ed Leonard (came in at 8:10 P.M.), Eric Willse, Dominick Cortellessa, Joseph D’Alessio, Attorney Ronald Mondello and Engineer Christopher Nash.


MEMBERS ABSENT:  William Grygus and Frank Covelli.


Attorney Mondello swore in reappointed Member Dominick Cortellessa for a 2 Year Term expiring 12/31/10.


Application #23-06 Realty Associates Redevelopment, LLC, 547 Ringwood Ave., Block 231 Lot 11. Use Variance & Bulk Variances:

Atty. Mondello said he called Atty. Chewcaskie at Chairman Dunning’s request because the escrow needed replenishment.  The Board Secretary told the Board she did receive an escrow check in the amount of $410.00 from Realty Associates Redevelopment.  Chairman Dunning told the Board Secretary if the extension expires before the next meeting, she would send an extension letter for six months for them to sign.


MOTION TO CARRY APPLICATION TO THE APRIL 1ST MEETING: made by Member Ludwig, seconded by Member Cortellessa, voting yes were Chairman Dunning, Members Hoffman, Ludwig, Leonard, Willse, Cortellessa and D’Alessio.


Application #02-08 William Englishman, 128 Greenwood Ave., Block 460 Lot 12 & 13. Use Variance, Minor Subdivision with Bulk Variances:

Atty. E. David Becker came forward on behalf of the applicant. Atty. Becker explained to the Board this is a two-lot subdivision that they have applied for. In August of last year they had direct testimony by the applicant and surveyor and did change the lot line at one point and resubmitted plans and the planner addressed the variances. The only thing remaining at that time was that they were asked to submit a plan of the proposed dwelling on one of the lots and it was a legitimate concern by the Board because they wanted to make sure it fits so the applicant doesn’t have to come back for a variance. They did submit a plan and in the meantime another applicant took an appeal on an issue that is similar to the one this applicant has which is a density issue thus needing a “D” Variance. Atty. Becker did object when they started this application just to preserve their rights but they decided to proceed anyway. The other application with the density issue went to trial. Atty. Becker was aware of that right in September when the applicant’s plans were submitted and they felt that they really needed to wait because the question was whether this application was going to stay with this Board or not and even if it did, if the Court decided that Wanaque was wrong, then whatever the Board’s decision was, it would kind of throw it into limbo. If the Board was right, the applicant wasn’t going to lose much because it was going into Fall and Atty. Becker spoke to his client and he wasn’t going to do anything until the New Year. Atty. Becker said the Borough decided to appeal the decision which kind of leaves his client in limbo and Atty. Becker doesn’t think he can proceed at least tonight until he has a better idea of the status of the appeal. Atty. Becker said its possible they may end up with the Planning Board and is asking for an adjournment to the next meeting and hopefully by the next meeting he will be able to tell the Board yes they are proceeding or they have to see the appeal through. 


MOTION TO GRANT A SIX MONTH EXTENSION: made by Member Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members Hoffman, Ludwig, Willse, Cortellessa and D’Alessio.






CORRESPONDENCE:  No questions asked.




MINUTES: from the February 4, 2009 Meeting. The Secretary will change the date to February 5, 2009 with regard to the “Opening Statement” on Page 1.


MOTION TO APPROVE: made by Member Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members Hoffman, Ludwig, Leonard, Willse and D’Alessio. Member Cortellessa abstained.


ENGINEER’S REPORT:  Eng. Nash had nothing to report. Eng. Nash just received in the mail yesterday an application for a detached garage that hasn’t been deemed complete as yet.



Chairman Dunning said as far as the new application package is concerned, there is some refining that will probably have to be done to it. This new package has only been used a couple of times. Some of the problems with applications are that homeowners are coming before the Board and they don’t bring an attorney, sometimes they bring an architect and sometimes they bring the builder who didn’t draw either plans and he can’t defend what’s

wrong on the plans. That’s why the package is being sent first to the engineer and attorney so they can decide whether or not an application is complete and ready to be put on the Agenda and can be dealt with at one meeting.


MOTION TO ADJOURN AT 8:38 P.M.: made by Member Ludwig, seconded by Member D’Alessio, voting yes were Chairman Dunning, Members Hoffman, Ludwig, Leonard, Willse, Cortellessa and D’Alessio.




Gerri Marotta

Board of Adjustment Secretary