BOARD OF ADJUSTMENT MEETING
BOROUGH OF WANAQUE

MINUTES

June 3, 2009
Regular Meeting
        

 

Salute to 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 Herald & News on February 5, 2009 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 William Grygus, Peter Hoffman, Don Ludwig, Ed Leonard, Eric Willse, Dominick Cortellessa, Joseph D’Alessio, Attorney Steven Veltri (filled in for Atty. Ronald Mondello), and Engineer Christopher Nash.

 

MEMBERS ABSENT:  Frank Covelli.

 

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

Chairman Dunning said this application is being carried for six-months at the request of the applicant. The day after this meeting the Board Secretary received a fax dated March 5, 2009 from Atty. Brian Chewcaskie confirming that the application was granted a six-month adjournment and is now scheduled for a hearing on Wednesday, August 5, 2009.

 

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

Chairman Dunning said this application also has a six-month carry-on and is good until October 2009.

 

Application #02-09 Kim-Marie Dakake, 102 Monroe Street, Block 438 Lot 9. Bulk Variances:

Mrs. Dakake stepped forward and was sworn in by Atty. Veltri. Mrs. Dakake explained she is seeking Bulk Variances for an extension of the Garage, Roof over Front Door which would be called a portico, Enclosing the Basement Stairs and adding a structured to where there are existing Bilco Doors and adding a Sun Room over the preexisting deck.

Atty. Veltri said he checked the file and everything is in order and the application can proceed this evening.

Drawings were submitted and Mrs. Dakake stated she did get a copy of the engineer’s report.

Chairman Dunning asked Eng. Nash to go over his report dated May 19, 2009. Eng. Nash said he went through the Zoning Table and he has come up with different dimensions than what was provided on the site plan. The Lot Width, Lot Depth and Front Yard were not applied accurately to this project. The Zoning Table shown on the Site Plan needs to be revised to show two dimensions both for existing and what’s being provided. There will be two lot widths and two lot depths and two front yards. Eng. Nash said he has different measurements for the lot widths than what was provided on the Zoning Table. How they’re defining the Accessory Building was relative to a rear and needs to be defined relative to the side yard. There will be no rear yard for the Principal Building but an additional variance for side yard for the Accessory Building. The Maximum Building Coverage is right at the limit of 25% and they’re seeking to increase it to 31.4% and that requires a variance.

Mr. Dakake was sworn in by Atty. Veltri.

Member Grygus said to Eng. Nash that he counted six variances and they are: Front Yard on the house, the Side yard on the house, Building Coverage on the house, Side yard on the Accessory Structure, Distance to the Accessory Structure and Building Height. Member Grygus asked Mr. Dakake if he would like to increase the height of the Garage and he said he would like to raise up the ends but didn’t want it to look like a commercial roof and that’s why he’s asking to go up in the middle. Mr. Dakake said if the height of the roof is a problem he could keep it down if the Board chooses. Member Grygus asked Mr. Dakake what is the purpose of the garage extension and Mr. Dakake said he has two cars that he’s restoring and are not in his garage because there’s no room and he would like to bring these cars home and put in his garage. Mrs. Dakake added that they would like to take some of her husband’s tools from his business and also put them in the garage. Theirs is only electric running into the garage and a space heater to take the chill out.

Chairman Dunning asked, by raising the roofline, if they were planning on building a second deck for storage and Mr. Dakake said he will be using the existing deck and would only like to get bigger pieces under the roof to store more things.

Member Grygus asked about the engineer’s report with respect to the Sun Room and if it was going to be a three-season or heated and utilized year round. Mr. Dakake said right now it will be three-season and maybe down the road they might have to take permits out to make it a four-season room. Chairman Dunning said Sun Rooms usually have a lot of windows to heat the room but this room has only a couple of small rooms. Mrs. Dakake explained they’re seeking privacy that they don’t have much of and will probably put in skylights and another reason for the room is to avoid the invasion of neighbors looking into their yard.

Member Grygus asked the engineer about additional storm water management because of the expansion of the garage and porch. Eng. Nash said the ordinance and building code doesn’t require it. The additional impervious coverage that is being added is not a large amount. Chairman Dunning asked if there are any flooding issues where the applicant’s live and Mr. Dakake said sometimes they do get water in their basement and there is an on going issue with the storm drains in that area.  Chairman Dunning said he heard they were called drywells and not storm drains and a lot of the water comes from Arrow Industries. This has been an on going problem on the Mayor & Council Meetings.

Eng. Nash said that the lot coverage went to the maximum allowable which is 6 ˝% and being that there is a drainage problem in the area and there are people in the audience tonight that Eng. Nash would like to hear from. Eng. Nash said you could solve a local drainage with a seepage pit.

Atty. Veltri said if the Board conditioned an approval based upon the applicant putting in a seepage pit where the engineer directs him to, the applicant is telling the Board he would do it at his expense? Mr. Dakake agreed that was correct. The applicant’s engineer would have to present a plan to the Board Engineer for his approval. Atty. Veltri explained to the applicant that no permits would be issued until the applicant’s engineer designs this plan and the Board’s engineer approves it.

Eng. Nash explained the problem is that water will be going into the ground where the water table is at the basement floor elevation and that will be a problem with the seepage pit. The rain will collect into the seepage pit and go into the basement and pumped out to the street with the sump pumps; it’s just delaying the time which it takes to get to the street. Depending on how much rain, some of it will discharge into the ground.

Chairman Dunning said in 2001 the Board approved the applicant’s garage and it showed one driveway onto Monroe Street. Chairman Dunning asked the applicant when did he add the second driveway on Second Ave. Mr. Dakake thought it was agreed at the time he would put the second driveway towards Second Ave. Chairman Dunning asked the Board Secretary to get a copy of the resolution from 2001.

 

OPEN TO PUBLIC PORTION:

Dolores Thielitz, 104 Monroe Street came forward. Ms. Thielitz has concerns about the garage because basically right now it’s being used for commercial purposes. Since the garage has been built it has never been used as garage, cars are never in it, there’s always trucks parked on the street with commercial plates. Another concern is the noise level because sometimes they’re working to 10, 11 or 12:00 P.M. in a residential area with all kinds of power tools. Ms. Thielitz if there’s already difficulty pulling out from Monroe St. onto Second Ave. because of the various vehicles parked on the property and is wondering if this addition will increase that problem. Ms. Thielitz mentioned the noise level again with regard to the power tools and she heard a rumor that they will be adding a car lift to the garage.

 

Dave Da Silva, 108 Monroe Street came forward. Mr. Da Silva said he lives at Lot 12 and most of the yelling and screaming at the Mayor & Council Meeting about the water situation in this area is coming from Mr. Da Silva. Mr. Da Silva said he believes there are some plans in the working to deal with this water situation. When there is really heavy rain everything gets backed up and he thinks if there was a seepage pit on the property somewhere that would slow down how much water is on the street at that time. Mr. Da Silva thinks this would eliminate and help the conditions that are present now.

Mr. Da Silva asked Mr. Dakake to describe to him the front porch roof on the plans and asked if there were going to be any garage doors and Mr. Dakake explained the plans to him and told him they were not adding garage doors all they’re doing is moving the door.

Mr. Da Silva added that Mr. Dakake is correct about the flat roof vs. a conventional roof and that a conventional roof would be more fitting for the character of the neighborhood. 

Mr. Da Silva said the commercial vehicles on Mr. Dakake property doesn’t concern him because he does see them because his house is on the opposite side and he’s not really affected by it. The only time he’s ever had a concern is if they are parked on Second Ave.

and there is a line of sight issue when you’re making a left hand turn.

 

CLOSE PUBLIC PORTION:

 

Chairman Dunning asked how many commercial vehicles do they park? Mr. Dakake said one he apologizes for and it’s been out front and forgot to move it away. Mr. Dakake said he has four trucks but one of them is never at his house and one family car.

 

Atty. Veltri said the applicant has indicated that he has three commercial vehicles either in the driveway or in the right-of-way, and he wants to extend his garage and one of the purposes is to put cars back together and that is the applicant’s hobby. Atty. Veltri said there is an ordinance that pertains to this situation and is as follows: Section #114-26 B. No residential lot shall be used for the parking of any motor vehicle with a gross weight of over four (4) tons, nor shall any vehicle of any weight which is inoperable or which could be classified as junk, nor any parts of such vehicle, be permitted to be stored on any residential lot.

Atty. Veltri told Mr. Dakake he’s not saying that’s hitting him directly, but it’s something that the Board needs to look at and then get answers to specific questions to see whether it applies. Atty. Veltri said the applicant is here for a variety of variances, and when you look at variances you need to apply a flexible C Type of Application, you need to apply benefits and detriments; when you approve or deny an application you have to look at the ordinances and then decide whether it’s a benefit or detriment in order to grant variances.

 

Chairman Dunning mentioned another problem with garages is when the garage roof is too high then you have the future second floor built for other uses. Chairman explained when a variance is granted it runs with the life of the property and they could live there for 10 years and sell the property and the new owner then could do a tune on the very tall garage and make an illegal apartment.

 

MOTION TO APPROVE WITH THE FOLLOWING VARIANCES; A FRONT YARD VARIANCE 30 FT. IS REQUIRED APPLICANT IS PROVIDING 22.3 FT. FOR A VARIANCE OF 7.7 FT., SECOND VARIANCE FOR A SIDE YARD VARIANCE WHERE 15 FT. IS REQUIRED AND APPLICANT IS PROVIDING 9.5 FT. FOR A VARIANCE OF 5.5 FT., THE THIRD VARIANCE IS FOR BUILDING COVERAGE WHERE THE REQUIREMENT IS 25 % AND APPLICANT IS REQUESTING 31.4% WHICH WOULD BE 5.9% VARIANCE, ON THE GARAGE VIA SIDE YARD VARIANCE WHERE 15 FT. IS REQUIRED AND THE APPLICANT IS PROVIDING 5.1 FT. FOR 9.9 FT. VARIANCE, DISTANCE BETWEEN THE STRUCTURES 10 FT. IS REQUIRED AND APPLICANT IS PROVIDING 9.2 FT., BUILDING HEIGHT 15 FT. IS REQUIRED APPLICANT IS REQUESTING 17 FT. WHICH IS A VARIANCE OF 2.0 FT., WITH THE FOLLOWING CONDITIONS THAT THE PLANS BE AMENDED AS PER THE ENGINEER’S REPORT ON THE SITE PLANT AND THAT THE ARCHITECTURALS BE CORRECTED TO REFLECT THE ACCURATE MEASUREMENTS AND THE OTHER CONDITION WOULD BE THAT A STORM WATER MANAGEMENT PLAN IS DEVELOPED AND IS APPROVED BY THE BOARD ENGINEER: made by Member Grygus, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard and  Cortellessa. Member Willse voted no.

 

PUBLIC DISCUSSION:

Dave Da Silva, 108 Monroe Street, came forward: Mr. Da Silva wanted to know if there were any updates on the Ordinance Committee.  Chairman Dunning said they had a meeting probably two months ago and there will be three or four ordinances that have been totally revised and submitted to the Mayor & Council within the next month or two.

The ordinances get reviewed and then they try to approve it.  Mr. Da Silva also asked about applications that were heard by the previous professionals before the switch and wanted to know if the current professionals brought up to speed on those applications. Chairman Dunning said the biggest application out there is “Parsco” which is the Getty Gas Station and the Board will read into record this evening correspondence back from Eng. Gregor and he finally received all the updated plans, deeds etc. and basically he’s approving what’s been submitted. The Board is waiting to hear from Atty. Faasse because the original problem was with the deed. The applicant had switched professionals because the original attorney left the firm and about three months ago a new attorney appeared before the Board and asked for a six-month extension so he could put all the loose ends together and perfect the deed. Mr. Da Silva asked about the two applications that are on hold which are Englishman and Realty Associates and Chairman Dunning told Mr. Da Silva when they do come back they will have to re-notice and bring in new plans.

 

RESOLUTIONS: Application #01-09 Charles & Lori Sahanas, 5 Humber Place, Block 200 Lot 13, Wanaque, N.J., Bulk Variance.

 

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

 

CORRESPONDENCE:  In the packet mailed out to the members was a report from Eng. Gregor on Parsco that deals with the Site Plan, Deed and Drainage Calculations. Chairman Dunning spoke to Eng. Gregor yesterday and told Chairman Dunning he will be sending out one more report on Parsco and it deals with the location of the building with respect to the allowable line of disturbance; on the original drawings that line was never shown.

The Board Secretary will get in touch with Atty. Faasse and see if he has reviewed the deeds so they can be signed by the Board Chairman and Board Secretary and then picked up by Atty. Garofalo’s office.

 

VOUCHERS: submitted by Boswell Engineering on Invoice No. 40482 for Professional Engineering Services for Application #01-09 Sahanas for $483.00.

 

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

 

VOUCHERS: submitted by Atty. Ralph E. Faasse for Professional Services Representation in Appeal Litigation on Elwood et al v. Board of Adjustment for $6,992.89.

 

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

 

VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #01-07 Parsco $375.00 and $1,050.00 for a total of $1425.00.

 

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

 

MINUTES: from the May 6, 2009 Meeting.

 

MOTION TO APPROVE:  made by Member Ludwig, seconded by member Grygus, voting yes were Chairman Dunning, Members Grygus, Ludwig, Leonard, Willse and Cortellessa.  Members Hoffman and D’Alessio not qualified.

 

ENGINEER’S REPORT:  Eng. Nash had nothing new to report.

 

DISCUSSION:  Member Grygus announced he would not be at the July & August Meetings. Members Willse and Hoffman announced they would not be at the August Meeting. Chairman Dunning said  Member Covelli might not be at the August Meeting also.

 

 

MOTION TO ADJOURN AT 10:08 P.M.:  carried by a voice vote.                                                                                                                                   

 

________________________

Gerri Marotta

Board of Adjustment