BOARD OF ADJUSTMENT MEETING
BOROUGH OF WANAQUE

February 4, 2009

 

MINUTES

 

Reorganization
and
Regular Meeting                                                                           

 

Salute to Flag:

 

OPENING STATEMENT: Read by Mayor Dan Mahler.

 

This is a Reorganization & 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:  Jack Dunning, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Eric Willse and Joseph D’Alessio.

 

MEMBERS ABSENT:  William Grygus and Dominick Cortellessa.

 

Mayor Mahler swore in reappointed Member Frank Covelli to a 4- year term. Members William Grygus and Dominick Cortellessa were not present at tonight’s meeting to be sworn in.

 

NOMINATION FOR CHAIRMAN: The name Jack Dunning was presented by Member Frank Covelli, seconded by Member Leonard. No other names were presented.

 

ROLL CALL ON NOMINATION FOR CHAIRMAN:  voting yes were Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

NOMINATION FOR VICE CHAIRMAN: The name William Grygus was presented by Member Ludwig, seconded by Member Covelli. No other names were presented.

 

ROLL CALL ON NOMINATION FOR VICE CHAIRMAN: voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

At this point in the meeting, Chairman Dunning took over.

 

NOMINATION FOR BOARD ENGINEER: Chairman Dunning announced that there are three (3) submittals for Board Engineer and all the Board Members received copies. Member Covelli nominated Boswell Engineering, seconded by Member D’Alessio. No other names were presented.

 

ROLL CALL ON NOMINATION FOR BOARD ENGINEER:  voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

Chairman Dunning announced at this point, that the Board has to deal with an outstanding application (Parsco). The Board needs to appoint the prior engineer to finish out this application, which has been approved, and a resolution has been done and recently received final drawings.  Atty. Mondello spoke up and said it certainly would suffice for one of the Board Members to make a motion that the prior Engineer continue in that capacity on either that specific application or perhaps if the Board has several, list those applications and it should be seconded and then a vote taken. There is another application that is in litigation (Elwood) and that application would not involve the engineer, only the prior Attorney. Chairman Dunning explained that the Board is appealing the Judge’s decision. Attorney Mondello explained the procedure if you are appealing a Superior Court

Judge’s decision, you would have to file a prerogative writ and it would make the most sense if the prior Attorney were involved with the application.

There is another application that would need the prior Engineer to continue on and that would be the De Donna Application located at 16 Paul Place.

 

MOTION MADE TO HAVE ENGINEER WILLIAM GREGOR CONTINUE AS THE ENGINER ON THE PARSCO APPLICATION AND THE DE DONNA APPLICATION: made by Member Ludwig, seconded by Member Willse.  Voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

NOMINATION FOR BOARD ATTORNEY: The name Ronald P. Mondello, Esq. was presented by Member Leonard, seconded by Member Covelli. No other names were presented.  Chairman Dunning announced that other names were also submitted and everyone has had time to review them.

 

ROLL CALL FOR NOMINATION FOR BOARD ATTORNEY: voting yes were Chairman Dunning, Members Covelli, Hoffman, Leonard, Willse and D’Alessio. Member Ludwig said he has a business relationship with the Borough of Kinnelon and therefore recluses himself.

 

ADOPTION OF EXISTING PROCEDURES AND BI-LAWS:

 

MOTION TO ACCEPT EXISTING PROCEDURES AND BI-LAWS:  made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

Member Covelli suggested that the new Attorney and Engineer should receive a copy of those Procedures and Bi-Laws to familiarize themselves with them.

 

MOTION TO MAINTAIN THE FIRST WEDNESDAY OF THE MONTH FOR THE REGULAR MEETING WITH A 7:30 P.M. WORKSHOP AND THE REGULAR MEETING WILL FOLLOW AT 8:00 P.M. AND THE SATURDAY PRIOR TO THAT MEETING FOR SITE VISITS AT 10:00 A.M.: made by Member Covelli, seconded by

 

Member Willse, voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

ADOPTION OF NEWSPAPERS: To continue with the Suburban Trends and the Herald & News:

 

MOTION TO ACCEPT AND ADOPT THE SUBURBAN TRENDS AND THE HERALD & NEWS AS THE OFFICIAL NEWSPAPERS: made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

MOTION TO ACCEPT AND DIRECT THE BOARD SECRETARY TO ADVERTISE IN ACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT TO GIVE NOTICE OF THE MEETING DATES FOR 2009: made by Member Willse, seconded by Member Hoffman, voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

 

RECESSED AT 8:04 P.M.:

 

 

REGULAR MEETING

8:18 P.M.

 

ROLL CALL:  Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio, Attorney Ronald Mondello and Engineer Christopher Nash.

 

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

 

MOTION TO CARRY TO THE MARCH 4TH MEETING:  made by Member Ludwig, seconded by Member D’Alessio. Voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

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

A fax was received on February 2nd from Atty. E. David Becker asking to be carried to the March 4th Meeting. Atty. Becker also extended the Board time for a decision on this matter until March 31, 2009 if necessary. Chairman Dunning said that there is an escrow issue with this application. The Board Secretary sent a letter to the Attorney asking for the money due and no response has been received as of yet. Chairman Dunning asked the Board Secretary to send a second request. Chairman Dunning also asked the Board Secretary to make available to the new professionals all correspondence that has transpired on this application to date.

 

Member Leonard asked Chairman Dunning to refresh his memory on the Realty Associates Application. Chairman Dunning said the Board only asked for an extension of time. Chairman Dunning said Atty. Chewcaskie, who represents Realty Associates, that when and if they ever reappear they would have to re-notice everyone within 200 ft. and provide new documentation because they submitted numerous plans and they would basically have to start all over again. The only advantage to the application is the fact that they won’t have to pay a new application fee.

Mayor Mahler came up to the microphone and explained to the Board the reason they are being carried is that the Borough is negotiating with that property owner for a possible land swap between the present Borough Hall property and their property to build the new Borough Hall. If the land swap goes through, that application will die, and if it doesn’t go through they will probably come back to the Board with something new.

 

MOTION TO CARRY APPLICATION #02-08 WILLIAM ENGLISHMAN TO THE MARCH 4TH MEETING: made by Member Ludwig, seconded by Member D’Alessio. Voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Willse and D’Alessio.

 

PUBLIC DISCUSSION:

John Maiello, 26 Rhinesmith Ave. came forward. Mr. Maiello asked the Mayor about the swap deal between the Borough and Realty Associates being extended meeting to meeting for about a year? Chairman Dunning answered and said as long as they’re asking for it the Board is extending it. Mr. Maiello asked if anyone knew what are they going to build on the Borough property. Chairman Dunning said at this point no. Chairman Dunning said he believes that this all falls into a Redevelopment Area that will be dealt with at a certain time at the Planning Board level. Mr. Maiello asked Mayor Mahler if he knew how many units the developer wants to put on the Borough property and Mayor Mahler said originally the proposal was for 30 units but they’re still negotiating with them.

 

Attorney Joseph O’Neill, with the law firm of Garofalo & O’Neill representing Parsco, Inc. came forward. Atty. O’Neill said they are requesting an extension of time with which to perfect the subdivision for six months. This is related to the review of plans submitted concerning the approval of the entire site. They were advised that they could not record the subdivision deed until such time revised plans are approved. They are asking for an extension of time to do that subdivision deed to allow the Board’s professionals to review the plans.

Atty. Mondello asked Atty. O’Neill if he needed six months to accomplish this. Atty. O’Neill said it is out of their hands and all the documents are in the hands of the Board’s professionals and as soon as they are approved they will file the subdivision deed. The Board Secretary received the plans on January 15th.

 

MOTION TO GRANT A SIX MONTH EXTENSION IN ACCORDANCE WITH THEIR REQUEST IN A LETTER DATED JANUARY 26, 2009 AND IF THE ENGINEER

 

IS FINISHED WITH THE REVIEW, THAT IT BE RECORDED POST-HASTE: made by

Member Covelli, seconded by Member Ludwig. Voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard and D’Alessio. Member Willse voted no.

 

CLOSE PUBLIC DISCUSSION:

 

Resolution on Application #06-08 Solmar Spa Wanaque, Inc., 1069 Ringwood Ave., Block 430 Lot 1.03, Suite #103, Use Variance:

 

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

 

CORRESPONDENCE: No questions asked.

 

Chairman Dunning announced that there is a letter dated December 31, 2008 from Attorney Brian M. Chewcaskie representing Realty Associates Redevelopment, LLC in which he is asking for this application to be carried to the March 4, 2009 Meeting and also grants an extension of time for the board to consider this application until April 1, 2009.

 

VOUCHERS: submitted by Atty. Ralph Faasse for Resolution on Application #06-08 Solmar Spa Wanaque Inc. for $375.00, Application #01-07 Parsco, Inc. Post Hearing, Post Resolution $990.00, Appeal/Litigation on Elwood/Dean Builders, Inc.  et al v. The Zoning Board of the Borough of Wanaque for $1,872.30, for a Grand Total of $3,237.30.

 

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

 

MINUTES: from the December 3, 2008 Meeting.

 

MOTION TO APPROVE:  made by Member Leonard, seconded by Member D’Alessio. Voting yes were Chairman Dunning, Members Ludwig, Leonard and D’Alessio.  Member Covelli, abstained. Members Hoffman and Willse not qualified.

 

ENGINEER’S REPORT: 

The newly appointed Engineer Chris Nash thanked the Board for appointing Boswell Engineering. Eng. Nash said he’s been with Boswell Engineering for 28 years and a Municipal Engineer for Old Tappan and Woodcliff Lake and has handled the Open Planning Board for several years and regularly go to the Franklin Lakes Planning Board  and was also the Planning & Zoning Board Engineer for two years. Eng. Nash said that in the audience tonight is Rebecca Dougherty, P.E. and is a licensed engineer and will be working with Eng. Nash in this capacity.  Eng. Nash told the Board that they would not see any double billing and he’ll basically being training Ms. Dougherty for this position someday. Ms. Dougherty has a Master’s Degree in Hydraulics and Hydrology. Storm Water Management is a big issue these days with the deregulations and Ms. Dougherty is very up to speed on all the regulations and all the technical components.

Chairman Dunning explained to Eng. Nash when applications come in and are received by the Building Department they will be dispatched to him for review and completeness; then he will report back to the Board when they’re complete and then will be put on the Agenda. 

Chairman Dunning also explained that there is a new application package and the Board Secretary will make sure they receive the new package.

 

DISCUSSION:

Discussed was the N.J. Planning Officials 2009 NJPO Winter/Spring Mandatory Training Programs. (All members received this newsletter.) Members D’Alessio & Cortellessa are the only two members who have not taken this class. The Board Secretary said they have to decide where they want to take this class and fill out the form mailed to them in their package and give the form back to her so she can have the Finance Office send a check for the enrollment. Chairman Dunning told Member D’Alessio he has about six months to get this done.

Chairman Dunning told the Board Secretary to send Eng. Nash Zoning Chapters 98 & 114 for the Borough of Wanaque. Atty. Mondello was given this information at tonight’s meeting. Chairman Dunning reminded the Board Secretary to make copies of the Englishman Application and send it to Atty. Mondello & Eng. Nash.

Atty. Mondello asked if the attorney reviews the application for Proof of Service, Affidavit of Mailing etc. Chairman Dunning explained when the application is sent to the Engineer and if he has any legal questions he will contact the Board Attorney. The Board Secretary explained when she gets the application she will send it to Eng. Nash and will also send it to   Atty. Mondello and then she waits for the Engineer to deem it complete before its put on the Agenda. Atty. Mondello asked is the attorney is on the list to be served with a notice. The Board Secretary explained that the 200 ft. search is done by the Tax Assessor’s Office. Atty. Mondello said in several towns where he’s been the Board Attorney, he’s listed as one of those individuals that is suppose to be served, therefore, he gets to see the hearing notice ahead of time and can read it and make sure its accurate. Atty. Mondello told the Board Secretary she could include it in the package given to the applicant that they should notify the Board Attorney as well.

Chairman Dunning asked the Board Secretary if any new applications have come in and she said no.

 

MOTION TO ADJOURN: at 8:52 P.M. made by Member Ludwig, seconded by Member Willse.

 

 

____________________________________

Gerri Marotta

Board of Adjustment Secretary