BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

MINUTES

October 4, 2006

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 the Herald & News on the 6^th day of January 2006 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 Bruce Grygus, Frank Covelli, Peter Hoffman, Don Ludwig, Eric Willse, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Members Leonard, Roberto and Koning.

Application #21-05 Mary Frances Fennelly & William Fennelly, 6 Oak Street, Block 425 Lots 13 & 14, Bulk Variance:

Attorney, Steven C. Schepis faxed a letter dated October 2, 2006 stating that the applicant’s engineer has not yet completed the plans with regard to the drainage issue, therefore, is asking to be carried to the November 1, 2006 Meeting and also consented to an extension of time to act through December 7, 2006.

MOTION TO CARRY APPLICATION TO THE NOVEMBER 1, 2006 MEETING:

made by Member Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

Application #19-06 New York SMSA Limited Partnership D/B/A/ Verizon Wireless, 10 Villa Place, Block 999, Lot 4, Site Plan, Bulk & Use Variances:

Attorney, Gregory J. Czura faxed a letter dated October 3, 2006 asking to be carried to the November 1, 2006 Meeting without re-notice. Approval is granted to extend for an additional 30 days upon which the Board has to act on the application.

MOTION TO CARRY APPLICATION TO THE NOVEMBER 1, 2006 MEETING:

made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

Attorney Faasse announced to the public that every other application before the Board tonight with the exception of Mr. & Mrs. Steven Bloom, is a Use Variance. A Use Variance requires five (5) affirmative votes from the Board. Presently, there are only six (6) members that are entitled to vote on the application. Obviously, the odds of getting five (5) affirmative votes from six (6) are worse than five (5) out of seven (7). Therefore, the applicants may wish to consider requesting that the Board

carry the application until another night so they could have the privilege of having a full Board.

Application #11-05 Cosimo & Teresa Santoro, 1185 Ringwood Ave., Block 448 Lot 8.01, Bulk Variance & Use Variance:

Attorney, Carlo Coppa came forward on behalf of the applicants. Atty. Coppa said, based upon the fact there isn’t a full Board tonight, Atty. Coppa asked that this application be carried to the next meeting and waive any and all time requirements.

Atty. Faasse said to Atty. Coppa that this application has been carried for a considerable period of time. Atty. Faasse also said, there were some revisions that had to be made to the plans and the status of Laurie Lane. Atty. Coppa said he provided the status of Laurie Lane and Atty. Faasse said what he received today doesn’t mention Laurie Lane. Engineer Gerald Gardner came forward and Atty. Faasse said to him that the Board requested revised plans the last time he was here. Eng. Gardner said they prepared and submitted plans in May and received a letter today from Eng. Gregor’s office dated June 5, 2006 and all the comments in that letter are less significant than the original comments and are things that can be discussed and worked out tonight. Eng. Gardner said they revised the parking and everything and submitted that back in May and hasn’t received any comments back until today from a plan that was submitted in May. Eng. Gregor said the comments were faxed in June to Atty. Coppa’s office and it is Eng. Gardner’s responsibility to get the information from his co-professionals or from the applicant and not the Board’s responsibility.

MOTION TO CARRY APPLICATION TO THE NOVEMBER 1^ST MEETING AND CLARIFY THE STATUS OF LAURIE LANE, NEW PLANS OR A LISTING OF WHAT PLANS THEY’RE GOING TO RELY ON AND MUST BE DONE MORE THAN 10 DAYS BEFORE THE NOVEMBER 1^ST MEETING: made by Member Covelli, seconded by Member Willse, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

Attorney Darryl W. Siss came forward on behalf of Application #13-06 John & Dorothy DeDiminicantanio, 28 & 32 Greenwood Ave. Atty. H. Shepard Peck, Jr. who has since retired and had appeared at the July Meeting and submitted plans, previously represented this application. Atty. Siss has now taken over this application and has submitted revised plans with the latest revision date on the cover sheet of August 23, 2006. Atty. Siss went on to say that apparently in 1998 the zone was changed with an overlay zone to create a Townhouse Zone, therefore it was necessary to ask for another adjournment so they could republish and re-notice for the Use Variance. The plans were submitted on September 29^th and the only change on the plans was the zone change made in 1998, therefore, the applicant would like to proceed tonight. Atty. Faasse said there is still the problem with the Use and there are only six voting members here tonight.

Atty. Siss decided that he would like this application heard tonight.

At this point, the meeting resumed back on schedule.

Application #09-06 Edward & Gail Marsh Sr., 12 Greenwood Ave., Block 428 Lot 1, Use and Bulk Variances:

Edward Marsh came forward. Chairman Dunning explained to Mr. Marsh that there are only six (6) qualifying members tonight to vote. Mr. Marsh said he doesn’t have a problem with that and would like to proceed.

In the meantime, Chairman Dunning asked Mr. Nicholas Miuccio, Application #10-06 if he would like to proceed tonight and that there are only six (6) qualifying members tonight to vote and there is a Use Variance involved. Mr. Miuccio decided he wanted to proceed tonight.

The next application to be addressed was Application #18-06 Thomas N. Ott & Choin Ma h/w, 9 First Avenue, Block 464 Lot 22, Use, Bulk and/or Special Condition Variance. Atty. Robert J. Bavagnoli came forward on behalf of the applicants and said they would like to proceed tonight.

Application #09-06 Edward & Gail Marsh, 12 Greenwood Ave., Block 428 Lot 1, Use and Bulk Variances:

Mr. Marsh came forward. Chairman Dunning said that Mr. Marsh gave new notice and new plans were submitted. Chairman Dunning said the plans that should be used are the ones dated August 28, 2006. Eng. Gregor said there is a site plan that has a revision date of August 28, 2006, which refers to a survey of June 16, 2005. Eng. Gregor said he has a June 16, 2006 survey not a 05 survey that has some errors on it still and Eng. Gregor asked for a revised survey that was not received. Eng. Gregor said the survey and site plan do not agree.

Chairman Dunning said some architectural sketches of the proposed addition were submitted. Mr. Marsh explained to the Board what he would like to do is put an addition on the front of his home which would be 10 feet out by 34 feet across. The reason being is that living on a mountain he cannot get to the cellar from inside the house and has lived there for 32 years and his wife is tired of going outside in the rain and snow to get to the basement. He wants to bring the washer and dryer that’s in the basement up to the new level that would be there and also add on 10 foot more of basement with footings and another story would go across which would be one for a laundry room and the rest of it would be to make the living room and kitchen bigger.

Chairman Dunning said Item 4 in Eng. Gregor’s report dated September 20, 2006 with regard to parking spaces; at present his surveyor shows parking on Roger Avenue and a partial parking space down on Greenwood. The Borough Ordinances do not allow parking in a right-of-way. Mr. Marsh has one spot or a little bit more than one spot up on Roger Avenue and Chairman Dunning asked Mr. Marsh if there was any way he could expand somehow to make a second parking spot. Mr. Marsh said he could take one car and pull it all the way forward and then angle the second car. Chairman Dunning then said to Mr. Marsh if he can create the two required parking spaces and Mr. Marsh said yes.

Chairman Dunning asked about Item 5 in Eng. Gregor’s report with regard to the two sheds encroaching onto the adjacent property. Mr. Marsh said if you look at the 1954 survey, the property line had three trees on it and since then there is only one tree because the other two fell down. Mr. Marsh said when he built his shed it was in his estimation it is more than 3 feet from the property line. Atty. Faasse added, that according to the survey that was submitted as part of Mr. Marsh’s site plan shows that both sheds encroach over onto the neighbor’s property. Mr. Marsh said the metal shed was used for outdoor furniture and with the new addition he will have a basement and won’t need the one shed anymore. As far as the other shed, Mr. Marsh has a letter from Ms. Greenwood who lives behind him and the letter states that Ms. Greenwood doesn’t have a problem with Mr. Marsh’s shed sitting slightly on her property line. Ms. Greenwood, 18 Greenwood Avenue was in the audience and came forward and was sworn in by Atty. Faasse. Ms. Greenwood testified she no problem with Mr. Marsh’s shed being on her property.

Chairman Dunning mentioned Item 6 in Eng. Gregor’s report with regard to the sewer line running right underneath the proposed addition. Mr. Marsh explained that right now there is a cleanout right outside the cellar and what will change is that the cellar will go around the sewer line.

Chairman Dunning asked Item 7 in Eng. Gregor’s report with regard to a storm water management plan. Mr. Marsh said as far as storm water management he lives on a mountain and has a water line that runs across his property from Greenwood Ave. to Roger Ave. that supplies Gorge Dr. and Roger Ave. and is noted on the survey and because of that he cannot dig there and there is rock. The block wall that Mr. Marsh put in is an interlocking wall with 8 inches of stone behind it and there are no neighbors on either side of his property. The gutter runs right into this trench and is 3 feet deep and the water never sees the road let alone anyone else’s property and he doesn’t foresee any problem.

Chairman Dunning asked about the deck that Mr. Marsh plans on putting out to the front of the house, and asked Eng. Gregor because the deck is more than 4 feet high does that change the front yard setback? Eng. Gregor said no because its at the first living level of the house and there’s no roof over it.

Chairman Dunning asked about the gas meter that faces forward on the front of the house and said Mr. Marsh will have to relocate the gas line somehow. Mr. Marsh said there was a gentleman from the gas company at his home yesterday and they are going to move the gas line from the front of his house to the side of the house and not in the new addition whatsoever.

Eng. Gregor said if the Board sees fit to grant this application that they consider it comparable to an R-10 Use and grant the approvals as these variances would apply to an R-10 Use.

OPEN TO PUBLIC: None/Closed

MOTION TO APPROVE THE APPLICATION GRANTING AN EXPANSION OF A NON-CONFORMING USE FOR A SINGLE FAMILY DWELLING IN AN R-D 3 ZONE WHICH IS NOT A PERMITTED USE, CONDITIONS OF THE GRANTING WOULD BE THAT THE VARIANCE PLAN BE CORRECTED WITH THE SURVEY AS PER ENG. GREGOR’S REPORT AND BE RESUBMITTED, THAT IT BE SHOWN ON THE PLAN THAT THE ONE SHED WILL BE REMOVED, ALSO REVISE THE PLAN TO SHOW THE TWO PARKING SPACES ON THE NORTH EAST CORNER OF THE PROPERTY AND THE PURPOSE IS FOR A 10 FT. X 34 FT. TWO STORY ADDITION TO THE FRONT OF AN EXISTING SINGLE FAMILY DWELLING: made by Member Grygus, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

Application #10-06 Nicholas Miuccio, 106 Monroe St., Block 439 Lot 11, Bulk & Use Variances:

Mr. Miuccio came forward. Chairman Dunning said at the last meeting they left off with the negative and positive criteria’s that need to be presented to support a Use Variance. Mr. Miuccio said one of them was the burden on the water and sewer. Mr. Miuccio spoke to the Water Department Supervisor, George Kostro and Mr. Kostro said he is one of the first people to be notified of a Use Variance and if he feels there is a problem he would never allow it to continue as far as it has. Eng. Gregor said in Mr. Kostro’s opinion, the 2-inch existing main is adequate. Eng. Gregor would like to know how many homes are serviced off the line because it goes diagonally across the property and appears to go into the next property. Member Grygus asked Mr. Miuccio if he’s proposing to leave the parking as is shown on the plan. Chairman Dunning said parking is not dimensioned and if you pull straight in you block the walkway towards the front of the dwelling and would be an overlapping problem. Eng. Gregor added that the driveway detail indicates that the parking area is within the right-of-way. Mr. Miuccio said they went over this at the last meeting and he told the Board he scaled the spaces and told the Board they were 10 X 20. Chairman Dunning said that the surveyor/engineer put a note that says new parking spaces to extend into existing macadam parking area within the right-of-way. Chairman Dunning said this is the Borough right-of-way and is not permitted.

Chairman Dunning also mentioned the storm water management plan and if Mr. Miuccio has given that any thought and how to deal with it. Mr. Miuccio said yes, and if the Board requires him to put one in he will; he doesn’t want to put it in so he’s asking not to put it in. Mr. Miuccio said the last time he was here the Board told him it wasn’t mandatory to put one in and he’s asking the Board tonight to vote on the approval of this application.

Member Grygus wanted to know the size of the two units. Chairman Dunning said if you look at the front page of the architectural it mentions the area of renovation for the lower level and renovation of upper level and it comes out to 1486 each. Chairman Dunning said its not all evenly dedicated to each floor. Mr. Miuccio said no it is not evenly dedicated to each floor. Eng. Gregor said he did not calculate the square footage of the apartments because there’s insufficient information on the drawing. Eng. Gregor wanted to know if Mr. Miuccio is willing to grant an easement for the water main crossing the property and is Item 12 in Eng. Gregor’s report dated September 5, 2006. Mr. Miuccio would not object to it and if need be he would sign an easement with metes and bounds and filed by deed if it were presented to him.

Eng. Gregor asked Mr. Miuccio if he would grant an easement with the metes and bounds description to be put on his site plan and Mr. Miuccio said absolutely if need be.

OPEN TO PUBLIC:

David DaSilva, 108 Monroe Street came forward. Mr. DaSilva was sworn in at the last meeting. Mr. DaSilva said, one of the requirements was an approval from the Borough Engineer on proposed drainage and he didn’t see that anywhere in the documents. Atty. Faasse wanted to know what paragraph Mr. DaSilva was referring to and Mr. DaSilva said it was Borough Code and is Chapter 14 Article 7. Eng. Gregor told Mr. DaSilva that he recommended a seepage pit be installed for this application; however, the applicant has stated he prefers not to put one in. Mr. DaSilva said, last month he expressed his concerns about the flooding issues in the neighborhood and again he wants the Board to know it is a problem. Atty. Faasse told Mr. DaSilva all the variances required are listed in Eng. Gregor’s report of September 5^th. Mr. DaSilva also said the minimum finish livable principal floor area required by code is 950 sq. ft. per dwelling unit and on the plan the dwelling is only 1700 sq. ft. and according to code you can’t include a porch and a shed and if everything is correct Mr. Miuccio is 200 sq. ft. short.

Mr. Miuccio spoke up and said he lives right now in a house that is one of the two and the second part of the dwelling is going to be on top of the one and larger, therefore, how could it not be the minimum requirement for living space.

Chairman Dunning said they’re discussing the table that the architect put on the front of the drawing that states that the upper level with the expansion will be almost 1500 sq. ft. and the bottom will be equal but Mr. Miuccio is taking part of the bottom. Mr. Miuccio said he is not taking part of the bottom; part of the bottom is part of the top. The whole idea is to live in the house, construct another home around it then move out of the bottom house and live in the top house and then his mother would live in the bottom house.

Eng. Gregor asked Mr. Miuccio is the first floor level when done will be 798 sq. ft. and Mr. Miuccio said if it is 798 sq. ft. right now then that’s what it will be. Eng. Gregor added that would be an additional variance for square footage.

CLOSE PUBLIC PORTION:

Mr. Miuccio addressed the Board and said, he’s living in a sub-standard house and he’s trying to change it and he has to have a bigger home and he’s asking the Board to allow him to do it.

MOTION TO DENY APPLICATION: made by Member Hoffman, seconded by Member Grygus, voting yes to deny the application were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

RECESSED AT 9:37 P.M.

RECONVENED AT 9:56 P.M.

Everyone present as before the break.

Application #13-06 John & Dorothy DeDiminicantanio, 28 & 32 Greenwood Ave., Block 428 Lots 6-8, 9,10, 11 & 13.01, Minor Subdivision & Bulk Variances:

Atty. Darryl W. Siss from the law firm of Teschon, Riccobene & Siss, P.A., 327 Godwin Avenue, Midland Park, N.J. 07432, came forward on behalf of the applicants. Atty. Faasse swore in the applicant John DeDiminicantanio. Atty. Siss took over this application from H. Sheperd Peck, Esq. who retired recently.

Atty. Siss they have submitted a drawing that is a supplemental sub-division plat. He is asking the Board to approve the existing Lot 10 which is on Gorge Drive and is a long, thin lot not buildable in its present state; Lot 13.01 is an undersized lot as well and not buildable. They are changing the lot lines to increase the lot size of Lot 10, incorporating Lot 13.01 in it so that lot will be gone and reducing the size of Lots 11 & 9 somewhat to allow them to give more size to Lot 10. They are also clearing up a little encroachment on the adjoining lots and the driveway right now is shown on the left hand side running over the lot line and his client has agreed to convey part of his lot to the neighbor.

Atty. Siss went on to say, that the new issue that came up recently is the Use Variance issue and they were advised that these lots are now in the Affordable Housing Overlay Zone, which is zoned for Townhouses and Multiple Family Housing only. Atty. Siss said he was told that the Town Attorney has taken a position that even though this is called the Affordable Housing Overlay Zone the Town Attorney’s interpretation is that the only permitted use in this zone is Townhouses and Multiple Family Houses. Therefore, his client is forced to ask for a Use Variance, which they have done; they already have a Use Variance for the density. Atty. Siss they’re not really increasing the density of what’s permitted by the total size of the lots; there are not more lots than you would be able to get given the square footage. Atty. Siss said the lot that they are looking at which is Lot 10 and is in the middle of all one family homes. The requirements of the zone are a minimum of a lot area of 5 acres for a Town-home and obviously this lot is undersized and you would never be able to put Town-homes on it; its not particularly suited for this use and is more particularly suited for the use of a single family home which is in line with what the neighborhood is. Atty. Siss also reviewed the reexamination of the Master Plan dated January 10, 2002, and in that plan Mr. Kauker’s office noted that back in the early 90’s the town was made up of 80% single family homes and 20% multi-family. Currently, the breakdown is 51% single family and 49% multi-family. It would seem the intent of the ordinance is to get more multi-family homes and probably the resulting of affordable housing homes has been accomplished.

Atty. Siss addressed Eng. Gregor’s review letter dated October 4^th. Atty. Siss said they have no disagreements with the variances listed and they have noticed for them. Item 12, in the report notes that they increased the utility easement to 15’ wide as requested. Item 13 requested information on the ejector pump for the sewer system on the new lot and it wasn’t put on the plans and Atty. Siss suggested to the Board that that is something they could give to Eng. Gregor or the Sewer Authority at the time of construction. Eng. Gregor said that is no problem being a condition but would like to see it on the official set of plans. Atty. Siss said he spoke to his client about the roadway. What is shown on the plans is a 15 ft. wide improved roadway with 2½ foot gravel on either side and the roadway design would be 4” quarry with 2” asphalt, if that is acceptable to the Board and that can be added to the plans. Item 14, the latest set of drawings that was submitted does show the corrected zone lines. Eng. Gregor also asked that the Bulk Requirements for the RD-3 Zone be noted somewhere. Item 15, a storm water management plan has been submitted and is under review.

Atty. Faasse mentioned to Atty. Siss that at the conclusion of the last hearing when Atty. Peck was here, is that one of the biggest questions was the proposed easement passed by the Sewer Authority and whether 15 ft. is going to be adequate and do they want it to go all the way through. Atty. Siss said they have a letter from Mr. Kelly, Engineer for the Wanaque Borough Sewerage Authority dated August 29, 2006 in which the proposed utility easement the applicant is providing will be acceptable for their future use. Atty. Faasse also asked if the applicant has any correspondence or made any inquiry from the Fire, Police or Ambulance Corps.

Atty. Siss said he did not touch base with those departments and neither has his client. Mr. DeDiminicantanio mentioned the two big trees and that the roots onto the roadway and if they try to pave it you would have to cut the roots and the trees would die and the adjoining property owners could sue him and that is why he wants to put 2 ½ quarry process on each side and will pave 15 ft. wide. Eng. Gregor added, the applicant is proposing 2”of asphalt on top of the quarry process and is going to take a look at that and may request 3” and wanted to know if that would be a problem and Mr. DeDiminicantanio said no it would not be a problem.

Chairman Dunning asked, on the easterly side of the proposed relocated lot line, they show some little circular type things and wanted to know what it was. Mr. DeDiminicantanio said it’s a rock retaining wall and the details are on the last page of the plans. Mr. DeDiminicantanio added that the proposed dwelling would be a single family bi-level modular home with a garage underneath and if the Board wants he can submit a plan.

Chairman Dunning asked Eng. Gregor about the variances listed in his report and Eng. Gregor said Item 3 of his report listed which lots are in the RD-3 Zone and listed the variances by lots. Chairman Dunning said he noticed that Lot 10 is in both zones and Eng. Gregor said that is correct. Chairman Dunning said the edge of the house sits in the R-10 Zone and the rear yard only has 35 ft. where 40 is required, and the front yard is also deficient; but the front yard is in the RD-3 Zone. It was decided all easements will be listed in the deeds and listed by metes and bounds.

OPEN TO PUBLIC:

Steven Gonzalez, 6 Roger Avenue, Block 423 Lot 36 and was sworn in by Atty. Faasse. Mr. Gonzalez said he and his wife are fairly new to the area and doesn’t know how the process works for things to be approved in terms of housing. Mr. Gonzalez wanted to know if impact studies are done for such things as wetlands. Atty. Siss told Mr. Gonzalez that they did do a wetlands study and delineated the wetlands. Mr. Gonzalez’s other concern is the increase in traffic by Gorge Drive & Roger Ave. where there are potholes and he wanted to know if anything is planned to improve the roads. Atty. Faasse answered by saying the builder is going to pave in front of the house. Atty. Faasse also told Mr. Gonzalez that the applicant is going to be asking the Fire, Police & Ambulance Corp. for any concerns they might have with this application.

Chairman Dunning added, as far as the improvement to Roger Ave. that’s an issue for the Mayor & Council.

CLOSE PUBLIC PORTION:

MOTION TO CARRY APPLICATION TO THE NOVEMBER 1^ST MEETING:

made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

Chairman Dunning announced that the 10:30 P.M. curfew cut is here.

Chairman Dunning asked Eng. Gregor if there was anything else he needed for Application #18-06 Thomas N. Ott & Choin Ma h/w, 9 First Avenue, Block 464 Lot 22, Use, Bulk and/or Special Condition Variance. Chairman Dunning asked Eng. Gregor if there is anything missing so they can work on it for next month. Eng. Gregor asked Mr. Ott if he received his report and Mr. Ott said he received it on October 3^rd by fax. Eng. Gregor said Mr. Ott might want to consider adding a correction of the building area because they’re both 814 sq. ft. instead of the 950. There are two parking spaces and the dimension of the parking area has been provided but not the parking spaces or dimension of the parking spaces and should be added to the site plan. The septic system is shown suitable for a single family but the applicant is asking for a two family and provided no information as to how he’s going to service that second family. Atty. Faasse suggested Mt. Ott get a letter from the Sewer Authority that states they don’t service this house with sewers. Eng. Gregor also wants to know how far away the sanitary is from this property.

MOTION TO CARRY APPLICATION TO THE NOVEMBER 1^ST MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

Chairman Dunning asked Eng. Gregor if he had any last minute requests on the Bloom Application #20-06 Steven & Michele Bloom, 9 Toquet St., Block 403 Lot 105, Bulk Variance. Atty. Faasse asked Mr. & Mrs. Bloom if they received Eng. Gregor’s report and if they had any questions with respect to the report. Eng. Gregor said the drawing needs additional work and he would suggest that the additional information be provided. For instance, Eng. Gregor said, the area map doesn’t have any lot and block numbers on it.

MOTION TO CARRY APPLICATION TO THE NOVEMBER 1^ST MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig and Willse.

PUBLIC DISCUSSION:

Atty. Faasse addressed Mr. Patel and Mr. Jadeja (Holiday Inn Express) and told the Board that there is an application coming before the Board on the Holiday Inn Express property that abuts the Burger King property down by Rt. 287 & Union Ave. The Planning Board heard this application and approved it and granted certain Bulk Variances. However, now the applicants are going to ask for an increase in the height and that zone is limited to 40 ft. and they want 50 ft. and are in an RD-1 Zone. They need a Use Variance and only this Board can do that and then they need a revised site plan. Atty. Faasse discussed this with the Borough Attorney Anthony Fiorello, Planning Board Attorney Steven Veltri and the applicant’s Attorney Michael Rubin. Atty. Faasse said in his discussion with Atty. Veltri it would appear that maybe the prudent way to handle this is for the Board of Adjustment handle the Use Variance and if granted, the site plan would be sent back to the Planning Board for an Amended Site Plan. There is a request in to this Board for a “Special Meeting”. The Board decided that a “Special Meeting” would be held on Wednesday, November 8^th.

Chairman Dunning asked Eng. Gregor if all the paper work is in order for this application and Eng. Gregor said he found one error and one thing missing. The error is in the Metes & Bounds Description and the surveyor has already sent the corrected paper work on that and he will be sending a copy of the survey that Eng. Gregor hasn’t received yet. Eng. Gregor said he has asked the Board Secretary to send him documents from the original file from the Planning Board Approval such as the Resolution, Reports from the Engineers and from Passaic County Planning Board. Girish Patel, Owner of Holiday Inn & Nick Jadeja, Project Manager were in the audience. Mr. Patel told the Board he would like to put the building up before winter and Atty. Faasse said the Board is trying to accommodate him as best they can. Mr. Patel mentioned there would be two extra parking spaces.

Chairman Dunning said the Planning Board has spent an immense amount of time and taken a lot of testimony from Sassafras and received approval. Mr. Patel bought the developed rights from Sassafras (owner of Burger King) and there is a lot of paperwork, agreements and testimony of the cross use of these two properties. This Board knows nothing about that testimony and for this Board to start from scratch is extremely time consuming. This Board will handle only the Use Variance and the Planning Board will handle the Amended Site Plan.

Atty. Faasse said this application will be deemed complete and be noticed for the Regular Meeting of November 1^st and noticed for a “Special Meeting” for November 8^th if that is alright with Atty. Michael Rubin.

PUBLIC DISCUSSION CLOSED:

Resolution for Application #16-06 Kevin & Katherine Koslosky, 139 Jackson St. Block 459 Lot 3, Bulk Variance:

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

CORRESPONDENCE: No questions asked.

Chairman Dunning mentioned that a couple of the members missed the training classes and they are scheduled to go this Saturday to Caldwell College.

VOUCHERS: submitted by Atty. Faasse for the Koslosky Resolution for $135.00.

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

VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #20-05 Abma for $247.50, Application #09-06 Marsh for $185.00, Application #10-06 Miuccio for $247.50, Application #16-06 Koslosky for $432.50, Application #18-06 Ott for $247.50, Application #20-06 Bloom for $247.50, Application #21-06 Holiday Inn for $250.00, for a Grand Total of $1857.50.

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

ENGINEER’S REPORT: None

DISCUSSION:

The Board Secretary asked Chairman Dunning to sign the plans for Application #10-05 Donus Application but Atty. Faasse interjected that he hasn’t been paid yet for the Resolution, therefore the plans were not signed. The Secretary will get in touch with Mr. Donus to clear up this situation.

MOTION TO ADJOURN: carried by a voice vote.

_____________________________

Gerri Marotta

Board of Adjustment Secretary