BOARD OF ADJUSTMENT
MEETING
BOROUGH OF WANAQUE
MINUTES
REGULAR MEETING
November 1, 2006
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 6th
day of January 2006 and a notice has been posted on the bulleting 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 (came in at 8:05 P.M.), Don Ludwig, Ed Leonard, Art
Koning, Eric Willse, Attorney Ralph Faasse and Engineer William Gregor.
MEMBERS ABSENT:
Members Peter Hoffman and Ted Roberto.
Application #11-05 Cosimo & Teresa Santoro, 1185 Ringwood Ave., Block 448 Lot 8.01, Bulk Variance & Use Variance:
Atty. Faasse said that Atty. Coppa wants the application
adjourned for tonight and waives all time requirements. The Board decided to
carry the application to the December 6th Meeting. Several issues
still have to be addressed on this application that are listed in Eng. Gregor’s
report of October 25, 2006; one being the status of Laurie Street which has
been in the last three reports of Eng. Gregor.
MOTION TO CARRY APPLICATION TO THE DECEMBER 6TH MEETING WITH THE PROVISO THAT THE ATTORNEY
PROCEED WITH THIS APPLICATION AND IF NOT THE APPLICATION WILL BE DISMISSED
WITHOUT PREJUDICE: made by Member Ludwig, seconded by Member Grygus, voting
yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and
Willse.
Ann Tacinelli, 1185 Ringwood Avenue: Ms. Tacinelli
came forward and is a tenant at 1185 Ringwood Ave. “Ann’s Place” and came
tonight to find out why this application is still going on. The landlord told
her that the Board was holding up the application. Ms. Tacinelli said she’s
glad she came tonight because she has found out that it isn’t the Board but the
attorney representing this application that’s holding it up. Ms. Tacinelli’s
complaints with the property are the façade on her building falling apart, the
parking lot floods out and the leaves and garbage on this property need to be
cleaned up.
Application #21-05 Mary Frances Fennelly & William Fennelly, 6 Oak Street, Block 425 Lots 13 & 14, Bulk Variance.
Eng.
Gregor said the last plans received were on August 23rd. The Board
Secretary received a letter from Atty. Steven Schepis dated November 1, 2006 in
which he says his client has not received a response yet from Mr. & Mrs.
Barriero as to the plans that were submitted to them. Therefore, he is
requesting to carry this application to the December 6th Meeting
with notice preserved and consent to an extension of time for the Board.
MOTION TO CARRY APPLICATION TO THE DECEMBER 6TH
MEETING: made by Member Ludwig, seconded by Member Willse, voting yes where
Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and Willse.
Application #18-06 Thomas N. Ott & Choin Ma h/w, 9 First Avenue, Block 464 Lot 22, Use, Bulk and/or Special Condition Variance:
A letter was received from the applicants requesting to
be carried to the December 6th Meeting because they were unable to
comply with the comments made by Eng. Gregor at the October 4th
Meeting.
MOTION TO CARRY APPLICATION TO THE DECEMBER 6TH
MEETING: made by Member Ludwig, seconded by Member Willse, voting yes were
Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning 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:
A letter was received from Atty. Gregory Czura requesting
the application be carried to the December 6th Meeting without
renotice and 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 DECEMBER 6TH
MEETING: made by Member Ludwig, seconded by Member Covelli, voting yes were
Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and Willse.
Atty. Faasse announced to the audience that the “Holiday
Inn Express” Application is scheduled for a Special Meeting at 8:00 P.M.
November 8, 2006.
Application #13-06 John & Dorothy DeDiminicantanio, 28 & 32 Greenwood Ave., Block 428 Lots 6-8, 9,10,11 & 13.01.
Atty. Faasse explained to Atty. Siss that there are only
five (5) members here tonight that would be eligible to vote on this
application tonight because it is a Use Variance. Atty. Siss said since they
need five (5) votes they would carry the vote to the December 6th
Meeting. Atty. Siss said at the last meeting the Board had asked the applicant
to contact the Fire Department, First Aid Squad and Police Department with
respect to the issue of the adequacy of the roadway. They have received letters
from each and each one is positive saying that they think its adequate and
Atty. Siss introduced the documents into the record.
Eng. Gregor said Item 13 in his report dated October 4,
2006 “The applicant is proposing an ejector pump and force main to the existing
gravity sewer in Gorge Avenue. Details of
this proposed system and
the required roadway repairs should be added to the utility plan”. Eng. Gregor
said at the meeting, the applicant said he would provide orange QPS and 5” of
asphalt, which is adequate; however, the revised plans have not been received
showing what they are proposing and where it will be. Atty. Siss said he
believes what they said was prior to any installation they would submit the
plans to whatever authority for their approval. Eng. Gregor said the potential
concern he has with that is if this subdivision is approved, there is a time
limit where it has to be filed. Therefore, unless that work is approved and
bonded, this Board will not sign the deeds.
Mr. DeDiminicantanio spoke up and said he has a good
relationship with the Sewer Authority and over the years he must have done
about 100 sewers and the Sewer Authority just tells him what they want and he
does it.
Atty. Faasse brought up the paved road issue and that in
the minutes from the last meeting, the applicant said he would pave 15 feet but
the letter received from the Fire Department says 20 feet. Atty. Siss said they
would get a clarification of this issue from the Fire Department.
Eng. Gregor said what is needed on the plans as far as an
ejector pump is a detail of the ejector pump, location of the force main from
the ejector pump to where its ending up and a detail showing the road repair
which was stated by the engineer to be 4” of QPS and 2” of asphalt.
MOTION TO CARRY TO THE DECEMBER 6TH
MEETING: made by Member Ludwig, seconded by Member Grygus, voting yes were
Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and Willse.
Atty. Faasse announced that the two members (Members
Leonard & Koning) who missed the last meeting should listen to the tape in
order to vote at the next meeting. Chairman Dunning suggested Member Hoffman
should come in and listen to the tape from tonight’s meeting in order to vote
on the application next month.
APPLICATION #20-06 Steven & Michele Bloom, 9 Toquet St., Block 403 Lot 105, Bulk Variances:
Mr. & Mrs. Steven Bloom came forward and was sworn in
by Atty. Faasse.
Revised plans dated October 10, 2006 were submitted and
received on October 13, 2006. Mr. Bloom told the Board he has been living at 9
Toquet St. for seven (7) years and is in an R-10 Zone. They would like to add
an addition on the rear of their home over an existing deck which would be 20’
X 26’5”. Mr. Bloom said in their area the big issue is the water management and
they do have a dry well and would do whatever else would have to be done for
the water issue. There is a pipe that goes from the front yard to the rear of
the property and there is no found easement on record for this. It does go from
borough drain to borough drain in the back and they would be more than willing
to grant an easement for that pipe. Mr. Bloom said again, if they needed to put
an extra drywell in they would be glad to do so. Member Grygus asked what
currently goes into that dry- well. Mr. Bloom said on the side of the house on
the right side, there is a gutter and it goes straight down into it and the
original owner told Mr. Bloom the size of the drywell is about 6’ X 4’. Mr.
Bloom said he would like to take all of the water off the addition and put it
into the drywell.
Chairman Dunning asked about the different survey
information vs. the architectures. Eng. Gregor said they have to clarify the
zoning schedule on the first page of the architectures and should be removed.
Member Grygus told the applicant the zoning schedule that’s on the first page
of the architectures should be eliminated. Eng. Gregor added that the drawings
of the site on the first page should be removed because they are wrong as well.
Mr. Bloom asked if he should just throw out the first page and Eng. Gregor
agreed.
Member Covelli asked the purpose of the addition and Mr.
Bloom told the Board he has a sister who has had a stroke and his parents are
getting too old to care for her, therefore he and his other sister will be
sharing the responsibility for caring for her. There will not be an extra
bathroom, no plumbing or cooking facilities, only a bedroom/common area for his
sister and his family.
Eng. Gregor said there are some drawing issues to be
resolved. Eng. Gregor said there is a property owner’s list which list the
property owners within 200 ft., and an area map which shows the property owners
within 200 ft; however, if you look at the list and try to find the property on
the map, you can’t. The properties shown on the list do not correspond with the
properties shown on the map and this should be corrected. The zoning table
should be corrected for the side yard and should be labeled and should be
listed as a pre-existing condition. Eng. Gregor added that an easement should
be provided with metes and bounds and he recommends that the applicant provide
the Borough with a drainage easement across his property and Eng. Gregor would
recommend a minimum of 15 ft. or whatever the Borough requests. Eng. Gregor
suggested that the homeowner could offer to grant an easement to the Borough
providing the metes and bounds description on the drawing of that offer and see
if the Borough wishes to accept it and file the easement.
OPEN TO PUBLIC:
None/Closed
MOTION TO APPROVE APPLICATION FOR THE CONSTRUCTION OF A ONE STORY ADDITION APPROXIMATELY 20’ X 26’5” TO THE REAR OF THE STRUCTURE WITH THE FOLLOWING VARIANCES; A REAR YARD VARIANCE OF 6.4 FT. WHERE THE APPLICANT IS PROVIDING 33.6 FT. WHERE 40 FT. IS REQUIRED BY ORDINANCE, A VARIANE FOR TOTAL SIDE YARD OF 1.5 FT. WHERE THE APPLICANT IS PROVIDING 33.5 FT. WHERE 35 FT. IS REQUIRED BY ORDINANCE, THE CONDITIONS WOULD BE TO ADDRESS ITEM #7 IN ENG. GREGOR’S REPORT DATED OCTOBER 27, 2006 REGARDING THE PROPERTY OWNERS LIST, ITEM #9 ON THE SAME REPORT WITH RESPECT TO THE EASEMENT THE SURVVEY WILL BE CHANGED TO SHOW THE METES AND
BOUNDS OF A 15 FT. EASEMENT WHICH WILL BE OFFERED TO
THE BOROUGH FOR THEIR ACCEPTANCE AND ITEM #4 OF SAME REPORT WITH REGARD TO SIDE
YARD SETBACK OF 7.5 FT. IS AN EXISTING VARIANCE THAT WILL REMAIN AND SHOULD BE
CORRECTLY NOTED AS SUCH ON THE ZONING TABLE: made by Member Grygus,
seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus,
Covelli, Ludwig, Leonard, Koning and Willse.
PUBLIC DISCUSSION: None/Closed
Resolution on Application #09-06 Edward & Gail Marsh, 12 Greenwood Ave., Block 428 Lot 1, Use and Bulk Variances:
MOTION TO APPROVE: made by Member Ludwig, seconded
by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Covelli,
Ludwig, and Willse. Members Leonard and Koning abstained.
Resolution Denying Application #10-06 Nicholas Miuccio, 106 Monroe St., Block 439 Lot 11, Bulk & Use Variances:
MOTION TO APPROVE
RESOLUTION DENYING APPLICATION #10-06 NICHOLAS MIUCCIO: made by
Member Ludwig, seconded by member Grygus, voting yes were Chairman Dunning, Members
Grygus, Covelli, Ludwig and Willse. Members Leonard and Koning abstained.
CORRESPONDENCE:
A letter has been received from Member Ted Roberto resigning from the Board due to the ongoing work schedule of travel outside the town and state. Atty. Faasse recommended that the Board Secretary send a letter to Member Roberto letting him know that the Board has accepted his resignation with regrets and thank him for his years of service to the Borough.
MOTION TO ACCEPT THE RESIGNATION WITH REGRETS AND SEND
A LETTER TO MEMBER ROBERTO THANKING HIM FOR HIS YEARS OF SERVICE: made by Member Covelli, seconded by Member
Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig,
Leonard, Koning and Willse.
VOUCHERS: submitted by Atty.
Ralph Faasse for Resolutions on Application #09-06 Marsh for $135.00 and
Application #10-06 Miuccio for $135.00, for a Grand Total of $270.00.
MOTION TO APPROVE: made by Member Covelli,
seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus,
Covelli, Ludwig, Leonard, Koning and Willse.
VOUCHERS: submitted by Eng. Gregor for Engineering
Services rendered for Application #21-06 Holiday Inn for $622.50, Application
#20-06 Bloom for $247.50,
Application #13-06 DeDiminicantanio for $247.50,
Application #11-05 Santoro for $310.00, Application #10-05 Donus for $247.50,
for a Grand Total of $1,675.00.
MOTION TO APPROVE: made by Member Ludwig, seconded
by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli,
Ludwig, Leonard, Koning and Willse.
MINUTES: from the October 4, 2006 Meeting. Atty.
Faasse said on Page 5 under Application #10-06 Miuccio the Lot number should be
Lot 11 and not Lot 1.
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Willse, voting
yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and
Willse.
Chairman
Dunning reminded everyone that there is a Special Meeting on Wednesday,
November 8th for “Holiday Inn Express” at 8:00 P.M.
DISCUSSION: None
MOTION TO ADJOURN AT 9:43 P.M. carried by a voice vote.
_____________________________
Gerri
Marotta
Board
of Adjustment Secretary