BOARD OF ADJUSTMENT MEETING
BOROUGH OF WANAQUE

MINUTES

August 5, 2009
Regular Meeting
        

                                                                                                                                    

Salute to Flag: 8:03pm

Moment of Silence For Gerri Marotta
Atty Mondello commented on the fact that, even though he just started working with Gerri, in his fifteen years of representing Boards, Gerri’s Minutes were exemplary.

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 Frank Covelli (arrived at 8:05pm), Don Ludwig, Ed Leonard, Dominick Cortellessa, Attorney Ronald Mondello, and Engineer Christopher Nash.

MEMBERS ABSENT: William Grygus, Peter Hoffman, Eric Willse and Joseph D’Alessio.

Application #23-06 Realty Associates Redevelopment, LLC, 547 Ringwood Ave., Block 231 Lot 11. Use Variance & Bulk Variances:
Atty Mondello read into the record a letter he received dated August 5, 2009 addressed to Atty Mondello, with no reference of the Borough receiving a copy, from Brian Chewcaskie, Esq., attorney
for Realty Associates Redevelopment, LLC, withdrawing the pending application without prejudice.

MOTION TO APPROVE DISMISSAL OF APPLICATION WITHOUT PREJUDICE made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Covelli, Ludwig, Leonard, and Cortellessa.

Chairman Dunning asked Jennifer if she received a copy of this letter and the Board did not. The letter was sent directly to Atty Mondello, not the Borough. Atty Mondello gave the letter to Jennifer for copying and filing.

Atty Mondello questioned Chairman Dunning about re-filing the application. Do we ask for another set of fees? Chairman Dunning advised that the Board had an understanding that, because so much time had gone by, other than the fees, if they came back they would have to treat it as a new application, re-notice, and deliver a complete set of new drawings, especially since we had so many revised ones. Member Ludwig believed we did this, rather than denying the application, because this allows them to come back with the exact same application where you couldn’t hear the same application if it was denied. That is why it is being dismissed without prejudice. Chairman Dunning advised that if the application was denied, it would have to be substantially different to re-apply.

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 has been carried for an extended period and that carry will be good until our meeting in October 2009. Member Ludwig asked if we had to make a Motion. Atty Mondello advised that an extension had already been granted so no Motion is necessary, but inquired about the matter definitely being on the October Agenda and if the Applicant had to re-notice. Chairman Dunning advised that this matter was being carried until the Elwood case is decided. We are appealing that case before the Appellate Division. Once the Courts decide that, then Mr. Englishman and his professionals will decide which course of action they want to take. If we lose the Elwood Appeal, then technically, he would go back to the Planning Board and start over there. If the appeal has not been decided by the October meeting, we will carry this application for another six months. This course of action benefits both the Board and the Applicant.

PUBLIC DISCUSSION: None/Closed

RESOLUTIONS: Application #02-09 Kim-Marie Dakake, 102 Monroe Street, Haskell, Block 438 Lot 9, Wanaque, N.J., Bulk Variances.
Atty Mondello read into the record the Bulk Variances granted on this application along with additional conditions that must be met. Atty Mondello entertained any questions, concerns, or comments that the Board may have at this time. Chairman Dunning asked Engineer Nash if he reviewed the Storm Water Management Plan and was advised he did not receive it. Chairman Dunning asked the Applicant if the Plan was submitted and Tom Dakake advised that the engineer was to fax it to Engineer Nash. Jennifer did have a copy of the Storm Water Management Plan in her file and made a copy for Engineer Nash.

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

CORRESPONDENCE: PARSCO, INC. #01-07: Getty Gas Station on Ringwood Avenue
Finally, after many months, received a revised site plan drawing that shows everything we approved in our Resolution and Atty Faasse has worked with Parsco’s new attorney on this case to get the Deed straightened out. We have communications from Atty Faasse. We also have from Engr. Gregor his two approval letters dated July 15, 2009; one approving the revised site plan and the other one is to approve the revised Deed. Atty Faasee’s letter deals with the problems he had with the transfer of property and some other descriptions. It is all okay to sign and the Secretary has the Deed to sign tonight. Chairman Dunning spoke to Atty Faasse who recommended the Board asked Atty Mondello how Jennifer should sign the Deed, maybe as “Acting Secretary” since she is not officially appointed. Atty Mondello asked if this Board appoints the Secretary since it appoints the Board Attorney and Board Engineer. Chairman Dunning advised that, since they made this a full-time position of the Board Secretary to the Planning Board and Zoning Board and all the inspectors that work in the office, we haven’t appointed a Secretary. Prior to that, there was a different part-time secretary for the Zoning Board, for the Planning Board and for the Building Inspector, and we did appoint the Secretary because that person only served this Board and was funded only through this Board’s budget. Member Covelli believes a Motion should be made to appoint her as Acting Secretary in the absence of anything else in writing and we are the governing body of this Board.

Atty Mondello advised using “Acting Secretary” and to make a Motion. By the time the Deed gets filed with the County Clerk, she will be the Secretary.

MOTION TO APPROVE GIVING JENNIFER FIORITO THE AUTHORITY TO SIGN ANY AND ALL DOCUMENTS AS ACTING SECRETARY TO THE BOARD OF ADJUSTMENT: made by Member Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members Covelli, Ludwig, Leonard and Cortellessa.

VOUCHERS: submitted by Boswell Engineering on Invoice No. 41846 for Professional Engineering Services for Application #02-09 Dakake for $483.00.

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

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

MOTON TO APPROVE: made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Covelli, Ludwig, Leonard, and Cortellessa

MINUTES: from the June 3, 2009 Meeting. Member Ludwig pointed out an error on page 2, 14 lines up from bottom of page, reads “a couple of small rooms”, should read “small windows”.

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Ludwig, Leonard, and Cortellessa. Member Covelli not qualified.

ENGINEER’S REPORT: Eng. Nash had nothing new to report.
Chairman Dunning advised that an application from the new hotel for signage is forthcoming. The Building Inspector already denied what they applied for.

DISCUSSION: Atty Mondello gave Chairman Dunning a letter dated July 14, 2009 from Brian Chewcaskie, Esq. regarding U.S. Aluminum – Wanaque. Atty Mondello knows nothing about this matter. Chairman Dunning said the letter should not have come to us. It is U.S. Aluminum-Wanaque, but it is addressed to somebody in Somerville, New Jersey.

MOTION TO ADJOURN AT 8:30 P.M.: carried by a voice vote.
_____________________________
Jennifer A. Fiorito
Board of Adjustment