BOARD OF ADJUSTMENT
MEETING
BOROUGH OF WANAQUE
MINUTES
October 3, 2007
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 12th
day of January 2007 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 Dunning, William Grygus, Frank
Covelli (came in at 8:25 P.M.), Peter Hoffman, Don Ludwig (came in at 8:07
P.M.), Ed Leonard, Art Koning, Eric Willse, Michael O’Hanlon, Attorney Ralph
Faasse and Engineer William Gregor.
Application #23-06 Realty Associates Redevelopment, LLC,
A fax was received from Attorney Brian M. Chewcaskie
dated September 28, 2007 asking to carry the application to the November 7th
Meeting along with an extension of time.
MOTION TO CARRY APPLICATION TO THE NOVEMBER 7TH
MEETING: made by Member Grygus, seconded by Member Hoffman, voting yes were
Chairman Dunning, Members Grygus, Hoffman, Leonard, Koning, Willse and
O’Hanlon.
Application #03-07 Cosimo & Theresa Santoro, 1185 Ringwood Ave., Block 448 Lot 8.01, Site Plan, Use Variance & Bulk Variances:
A
fax was received from Attorney James La Sala dated October 2, 2007 asking to
carry the application to the November 7th Meeting along with a
90-Day Extension.
MOTION TO CARRY APPLICATION TO THE NOVEMBER 7TH
MEETING: made by Member
Grygus, seconded by Member Koning, voting yes were Chairman Dunning, Members
Grygus, Hoffman, Leonard, Koning, Willse and O’Hanlon.
Application #06-07 Ruth Ann Elwood,
Attorney
Michael Walker of Higgins & Walker,
Attorney
Faasse swore in Ruth Ann Elwood from 4 Phelan Court, Haskell, N.J. Atty. Walker
asked Ms. Elwood how long has she been a resident of Wanaque and Ms. Elwood
said 69 years and presently owns Block 305 Lot 14 and is the subject of the
application.
Originally
the Lots were 14, 15 & 16 and with the passage of time and changing of the
Ordinance within the Borough, those lots had merged into one lot and that’s the
reason why Ms. Elwood is here before the Board tonight. The existing lot is
presently vacant with an existing framed garage on the back portion of the lot
that was part of a previous home that was on the lot. The home was demolished
around 2003. The lot area is 16,167 sq. ft. and a fronting on
Atty.Walker
said Ms. Elwood has been a long time member of the community and is a senior
citizen of this community and requests on behalf of the applicant that the
Board approve the application.
Eng.
Gregor wanted to let the Board know that when Atty. Walker made a statement
earlier with regard to Item 8 in Eng. Gregor’s report, indicating that a lot
width variance is not required; that’s not the statement Eng. Gregor. The
statement that
Member
Grygus said, not having an architectural to look at, it’s hard to see how the
driveways, parking etc. is going to look like.
Eng.
Gregor asked Atty. Walker about putting modest size homes on the lots as
opposed to a large home, and wanted to know if there was a reason why the
applicant can’t put a moderated sized home on the existing lot without
subdividing. Atty. Walker said you could, but it would be a very small home and
it wouldn’t make sense to take a large piece of property and put a very small
home on it and the return wouldn’t be there.
Chairman
Dunning asked if the size of the homes would blend into the neighborhood and
Atty. Walker said they certainly would blend into the neighborhood. They would
be larger than some but smaller than many also. Member Hoffman asked if they
had any architectural plans and Atty. Walker said they do not and at this point
the applicant doesn’t plan on being the developer.
Member
Grygus said what’s bothering him is that there is no plans to look at
therefore, you don’t know about parking, storm water management and you don’t know
how theses houses are going to impact the surrounding neighbors. Atty. Walker
mentioned that the typography of the property is flat and there shouldn’t be a
water problem.
OPEN TO PUBLIC:
Donna Peterson,
Atty.
Walker tried to answer all of Ms. Peterson’s questions. Atty. Walker said he
spoke with Penny Schlagel from the Sewer Authority and she told Atty. Walker
that there is adequate sewer capacity. The lots are listed and they are
planning on selling them but only if they get approval from the Board. Atty.
Walker said this application wouldn’t be binding upon any future lots in the
neighborhood. If the lot is developed and built upon, the Borough Engineer
would enforce the storm water management plan and would be monitored by the
Borough during the building process whether its one or two lots to be
developed.
Suzanne Gardella Raoul, 6 Father Hayes Drive came forward representing her
Mother who lives at 28 Maple Ave. Ms. Raoul asked if the Board knew if there
was going to be a single story or a double story built on the proposed site.
The Board responded by saying they don’t know because there are no building
plans on this proposed site as of yet. Ms. Raoul said, if someone comes in to
build a home and meets the requirements for the size of the home that the Board
has allowed, they possibly will not have to get any more variances, and may be
able to go right to the Building Inspector and get a Building Permit and then
they possibly won’t have to do a Storm Management Plan.
CLOSE PUBLIC DISCUSSION:
Atty.
Walker said he would address the concerns of the Board at the next meeting.
Atty. Faasse said those concerns are; what the buildings will look like, how
are the proposed footprints going to relate to the property and the proposed
subdivision, parking, storm water management etc.
MOTION TO CARRY APPLICATION TO THE NOVEMBER 7TH
MEETING: made by Member
Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members
Grygus, Hoffman, Ludwig, Leonard, Koning, Willse and O’Hanlon.
RECESSED AT 9:15 P.M.
RECONVENED AT 9:30 P.M.: Everyone present as before the
recess with the exception of Member Willse who left the meeting at 9:15 P.M.
and disqualified himself from the next application.
Application #07-07 Antonino & Maria Staropoli,
Attorney
Alfred Acquaviva of Spinato, Acquaviva, Kane & Randazzo, LLC,
Atty.
Acquaviva announced he has with him tonight,
Eng. William J. Darmstatter, 202 Black Oak Ridge Rd.,
Wayne, N.J. came forward
and was sworn in by Atty. Faasse.
Atty.
Acquaviva asked
Item
20,
Item 17, it was suggested that the applicant service the utilities. The utilities that service the
Single-family
dwelling come off the public road. That would require the improvement of a
sanitary main coming down a public road; a water main coming down the public
road and then the laterals to the home would be connected off of that. The
applicant is proposing to have the utilities come out the back through an
easement and connect to the existing utilities that are in Ringwood Ave. and
this would make it all private and a benefit to the municipality as it doesn’t
need to have additional mains to service this one lot and would be maintained
privately. Chairman Dunning said if they sell that lot off, its two property
owners would be responsible for maintaining the lot.
Item
11,
Member
Grygus mentioned Item 10 as far as the Borough’s standards for parking spaces
are 10’ X 20’. Eng. Darmstatter said the parking spaces as they start going
from the house back, they taper down to a minimum of 16 ft. and Eng. Gregor
wants to see a minimum of 9’ X 18’, therefore they would have to add about 2
ft. of pavement.
Chairman
Dunning asked what the parking spaces service?
Atty.
Faasse asked how is Item 21 being addressed that is the apparent conflict
between the proposed paved area of
OPEN TO PUBLIC DISCUSSION:
Scott Wernli, 1287 Ringwood Ave., came forward. Mr. Wernli said there are a lot of
trucks presently coming and going from the applicant’s property. Mr. Wernli wanted to know, if a variance goes through, how much is
going to increase as far as there being a lot more noise, trucks, signs and
lights. Atty. Faasse said that is not a question for
James Russo, 1301 Ringwood Ave., came forward. Mr. Russo said when they did the spray
paint on
CLOSE PUBLIC DISCUSSION:
The
applicant Antonino Staropoli,
Attorney
Acquaviva asked Mr. Staropoli to described his
business and Mr. Staropoli described is as masonry and construction business.
Mr. Staropoli has two mason dump trucks, Kodiak 4500’s, pick-up, one of the
dump trucks is taken home by one of the employees. Most of the traffic is first
thing in the morning when they leave and occasionally they might have to stop
in during the day if they have to pick up certain equipment and then they come
home at night anytime between 3:00 to 5:00 or 6:00 P.M. Two vehicles remain on
the lot overnight and they are the pick-up and dump truck. The pick up is
parked right in front of the garage and the dump truck is usually parked in one
of the parking spaces; two trailers are parked there right now on the grass
side. Attorney Acquaviva asked what other equipment is usually stored outside.
Mr. Staropoli said there is a Bobcat, a smaller mini excavator, and in back of
the barn there’s a scaffold stored there, some supplies that are left over from
jobs, blocks, planks and form boards. The amount of equipment is usually the
same. In the garage there is construction equipment such as saws, electrical
power tools, hand tools, some cement that’s left over
and in the barn is his old Corvette, lawn tractor, quad and upstairs is used as
storage from his house.
Atty.
Faasse asked Mr. Staropoli the purpose of the subdivision. Mr. Staropoli said
basically it’s to add to the house and the other property and turn the original
house back to a two family. The first floor of the existing structure was at
one time a small commercial business operated by Mrs. Staropoli that closed
down in March 2006.
Atty.
Faasse asked about the employees who work for Mr. Staropoli. Mr. Staropoli said
they start from about 6:15 A.M. to 6:30 A.M. six days a week. Chairman Dunning
asked Mr. Staropoli on the conversion to a two family use, if he was going to
occupy the second floor of the existing structure that he occupies now or rent
it? Mr. Staropoli said they would like to rent out the second floor and occupy
the first floor. Eventually, they hope to live in the new proposed dwelling
someday.
OPEN TO PUBLIC DISCUSSION:
Scott Wernli, 1287 Ringwood Ave. came forward. Mr. Wernli wanted to know the hours of
operation of Mr. Staropoli’s business. Mr. Staropoli said the men have to warm
up the trucks at about 6:15 or 6:20 A.M. and come home about 6:00 or 7:00 P.M.
Mr. Wernli also was concerned about the noise and will there be more lighting.
Atty. Faasse asked
Atty.
Faasse mentioned that the Borough Administrator said in a letter dated February
16, 2007 that the Board should require the applicant to put in a Fire Hydrant
and Eng. Darmstatter is saying that its not necessary because they have
adequate protection within the immediate area.
Discussed
by the Board Members was if a turnaround on the property was needed and how
would garbage trucks access the property in the back if there was another
dwelling unit.
Atty. Acquaviva gave the Board a 90-Day Extension on this
application.
Atty. Faasse suggested to
MOTION TO CARRY THE APPLICATION TO THE NOVEMBER 7TH
MEETING: made by Member Grygus, seconded by Member Ludwig, voting yes were
Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and
O’Hanlon
PUBLIC DISCUSSION: None
RESOLUTIONS: None
CORRESPONDENCE: No questions asked.
VOUCHERS: submitted by
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and O’Hanlon.
MINUTES: from the August 1st and September 5th Meetings.
MOTION TO APPROVE: made by Member Grygus, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and O’Hanlon.
MINUTES: from the July 11th Meeting:
MOTION TO APPROVE WITH A MISSING LAPSE OF TIME IN THE MINUTES-MINUTES WERE PROFESSIONALLY DONE BY AN OUTSIDE TRANSCRIPTION COMPANY: made by Member Grygus, seconded by Member O’Hanlon, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and O’Hanlon.
Member Hoffman not qualified.
ENGINEER’S REPORT: Nothing new to report.
DISCUSSION:
Chairman Dunning spoke to Mayor Mahler about the
outstanding bills from Engineer Gregor that hasn’t been paid. Mayor Mahler said he would take care of all
the bills that haven’t been paid over the last six years and asked
Chairman Dunning said an Ordinance Committee has been formed to work on the problem of some of the ordinances have to be changed and to develop some new ordinances to deal with the issues that are growing within the Borough. A letter was received from Mayor Mahler asking for one person from the Zoning Board with an Alternate, one person from the Planning Board with an Alternate be present at the Ordinance Committee Meeting. There will be three Council Members on this committee and the Building Inspector, Borough Administrator and a consultant. Chairman Dunning said he and Member Grygus would make the initial appearance at this committee meeting that is October 25th.
MOTION AUTHORIZING CHAIRMAN DUNNING & VICE CHAIRMAN GRYGUS OF THE WANAQUE BOARD OF ADJUSTMENT BE THE REPRESENTATIVES FOR THIS BOARD ON THE ORDINANCE COMMITTEE FORMED BY THE MAYOR: made by Member Covelli, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and O’Hanlon.
Chairman Dunning said they have asked for the Members of the Boards, especially the Zoning Board being familiar with the problematic ordinances that they deal with on a monthly basis, to submit some input to this committee. Chairman Dunning asked the Members to take some time and write down their thoughts and E-Mail to Chairman Dunning and he will print it out and bring it to the committee meeting.
Chairman Dunning also spoke to the Mayor about the Application Package as far as the Board submitting it to the Mayor & Council. They looked at it briefly and were going to show it to the Planning Board. The Planning Board didn’t meet in August so they got it in September. There has been no feedback from the Planning Board yet. The Mayor suggested that the basic Application Package that this Board chooses, they could start using the new packet. But, what they can’t add to the packet is the Fee Schedule because it has to be changed by Ordinance. Chairman Dunning said to Mayor Mahler that the Board gave it to the Mayor & Council to review and let the Borough Attorney look at it and then let the professionals from both Boards take a look at it. Right now the packet is in limbo, and the question is to get it off the ground.
ADJOURNMENT: at 11:12 P.M. carried by a voice vote.
_______________________________
Gerri Marotta
Board of Adjustment Secretary