BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

 

MINUTES

November 7, 2007

 

BOROUGH OF WANAQUE

 

BOARD OF ADJUSTMENT

 

Date of Meeting:  November 7, 2007

 

BEFORE:  Members of the Wanaque Board of Adjustment/Public

 

BOARD MEMBERS PRESENT FOR THIS MEETING:

Chairman Jack Dunning, Vice-Chairman William Grygus: Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Art Koning, Eric Willse, Michael O’Hanlon

OTHERS PRESENT FOR THIS HEARING:

RALPH FAASSE, ESQ., Board Attorney

WILLIAM GREGOR, Board Engineer

 

 

REQUESTED BY: GERRI MAROTTA

 

G & L TRANSCRIPTION OF NEW JERSEY

 

40 EVANS PLACE

 

POMPTON PLAINS, NJ  07444

 

(973) 616-1051

 

www.webtranscription.com


                                                     Page

Application #23-06 Reality Associates                3

Application #08-07 Mazar                                  9

Application #03-07 Santoro                           41

Application #07-07 Staropoli                         95

Application #06-07 Elwood                            106

 

Exhibits                                            Evid.

Application #06-07               

A-1 - Photograph of House presented by Mr. Dean      119

      Illustrative Purposes.

A-2  Architectural Plans - 2 Sheets                 119

A-3 - Notice sent to adjacent Property Owners        136

 

                                                     Page

Vouchers                                             166

 

         


Pledge of Allegiance:

MR. CHAIRMAN:  This is a regular meeting of the Wanaque Board of Adjustment.  Adequate notice has been given by a duly advertised mailing to the Suburban Trends and the Herald News of January 12, 2007.  A notice is posted on the bulletin board in Borough of Wanaque and a copy is on file with the Borough Clerk.  Can we have a roll call please?

ROLL CALL:  Chairman Jack Dunning, Bruce Grygus, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Art Koning, Eric Willse, Michael O’Hanlon, Attorney Ralph Faasse, Engineer William Gregor.

MR. CHAIRMAN:  Thank you, Gerri.  Okay, first application this evening is 23-06 Reality Associates, 547 Ringwood Avenue.  Counselor, I believe we have some communication.

MR. FAASSE:  Yes, we have a letter dated November 1st it was faxed to me and I guess mailed to Gerri.

MS. MAROTTA:  It was faxed to me.

MR. FAASSE:  Okay, Brian Chewcaskie.

MR. CHAIRMAN:  Um-hum.

MS. MAROTTA:  Yes.

MR. FAASSE:  I’ll get that right.  Asking for an extension to December 5th because of a scheduling conflict and he also said he would grant us an extension of time to consider this through the meeting of Wednesday, December 5th. 

MR. CHAIRMAN:  Okay, we need a motion.

MR. GRYGUS:  I’ll make a motion to carry to carry to the December meeting.

MR. CHAIRMAN:  Okay.  Second?

MR. LUDWIG:  I’ll second that.

MR. CHAIRMAN:  Okay, Don Ludwig.

MS. MAROTTA:  Okay.

MR. CHAIRMAN:  Go ahead.

MOTION TO CARRY APPLICATION #23-06 TO DECEMBER 5TH:

Made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MR. HOFFMAN:  Hey, Jack when is this thing up?  Do they need an extension?

MR. CHAIRMAN:  They just granted us an extension.

MR. FAASSE:  They did, they did to the 5th.

MR. HOFFMAN:  Yes, I know but -- all right.

MR. FAASSE:  Well he keeps giving us a month extension.

MR. CHAIRMAN:  We are good month to month.

MR. FAASSE:  We really ought to ask him for like 60 or 90 days, especially if we get closer to the winter -- you know -- it might snow. 

MR. HOFFMAN:  How long has it been -- when was the last time that we heard testimony from Reality Associates?

MR. GRYGUS:  Two months ago.

MR. CHAIRMAN:  Reality, a couple of months ago. 

MR. GRYGUS:  Two months ago.

MR. HOFFMAN:  It was in September?

MR. CHAIRMAN:  September I think it was, yeah.

MR. GRYGUS:  No, August.

MR. HOFFMAN:  No, it had to be August, it has been two months, so it is August.

MR. GRYGUS:  Yeah, the carried last month.

MR. CHAIRMAN:  Right, which was October.

MR. GRYGUS:  And then they carried -- no they carried last month.

MR. CHAIRMAN:  It was October.  I think we heard them in September.  I didn’t bring their file, but I am pretty sure it was September.  Well, Gerri would know with her file.

MR. HOFFMAN:  Gerri knows everything.

MR. CHAIRMAN:  Okay, Bill when did you get all your reports out that were dated yesterday to the applicants?  Does everyone have them?

MR. GREGOR:  Everyone has them.

MR. FAASSE:  Yeah, let’s just make sure.  Mr. La Sala --

MR. GREGOR:  Everyone has got them.

MR. FAASSE:  Mr. La Sala you have your report on Santoro.

MR. LA SALA:  Yes.

MR. FAASSE:  Right, you had that report. 

MR. LA SALA:  Yes, that came in this afternoon.

MR. FAASSE:  Mr. Walker, you have the report on Elwood.

MR. WALKER:  I have that report also.

MR. FAASSE:  Okay, and Staropoli, Mr. Acquaviva, you have that.

MR. ACQUAVIVA:  Yeah.  I don’t have a recent report though.

MR. FAASSE:  So that is what we are going to do, let you read it while it --

MR. GREGOR:  Staropoli didn’t?

MR. FAASSE:  Staropoli didn’t the have the --

MR. LUDWIG:  I happen to have printed one out. 

MR. GRYGUS:  I happen to have an extra one if you don’t have one Bill.

MR. FAASSE:  Do you?  Just for the record what is the date on that one here?  We also had November the 6th.

MR. LUDWIG:  I got November the 6th right here.

MR. FAASSE:  Right, okay.

MR. ACQUAVIVA:  The last one I have is prior to the last meeting.

MR. FAASSE:  Okay, so we will give that to him.  Did you also, I think in that one we also received a County.

MR. CHAIRMAN:  Something from the County.

MR. GREGOR:  You have a County review. 

MR. FAASSE:  Right, you have the county letter; I mean there was a recent one. 

MR. GREGOR:  October 10th, so it was about a week after our last meeting.

MR. FAASSE:  Okay.  And then we had a --

MR. CHAIRMAN:  State.

MR. FAASSE:  -- letter here from the State on that one, correct?

MR. CHAIRMAN:  Um-hum.

MR. FAASSE:  Well actually it was a copy sent to your --

MR. LUDWIG:  There was a letter from the county from November 5th.

MR. GREGOR:  There was a letter from the State on the wetlands. 

MR. FAASSE:  From the wetlands.

MR. CHAIRMAN:  This one.

MR. FAASSE:  It was from Mr. Darmstatter.

MR. CHAIRMAN:  November 5th on Staropoli. 

MR. FAASSE:  November 6th, okay. 

MR. CHAIRMAN:  Well Don is saying the county letter; I know there is a new county letter.

MR. FAASSE:  Yeah, there is a county letter.

MR. CHAIRMAN:  What is the date on it?

MR. GREGOR:  The letter from the State is dated September 20th.

MR. FAASSE:  Oh, you want everything. 

MR. CHAIRMAN:  Don is saying it is November?  The State is September.

MR. GREGOR:  September 20th, the County is October 10th.

MR. FAASSE:  There you go, October 10th. 

MR. GREGOR:  The County is October 10th.

MR. CHAIRMAN:  Yeah, October 10th.  What one are you looking at Don?

MR. LUDWIG:  No, this is --

MR. FAASSE:  That is Bill’s letter, that is what he needs. 

MR. LUDWIG:  Yeah, this is a different one. 

MR. FAASSE:  Okay.

MR. GREGOR:  Do you need an extra copy or does somebody have one?

MR. FAASSE:  No, Don has one.

MR. GREGOR:  He has one, okay. 

MR. FAASSE:  All right, so everybody should have their reports.

MR. CHAIRMAN:  Everybody is up to speed.  All right, the next application we are dealing with is 08-07, which is the Mazar application, 12 Beam Avenue; it is on a bulk variance.  Is someone here on that application?  Please step forward. 

MR. FAASSE:  Wow, I can’t count this high.  Who is going to be testifying in this group, everybody?  Let’s try to get this thing organized here a little.  The applicants are Steven and Maryanne Mazar.  And you people are?

MS. MAZAR:  I am their daughter-in-law.

MR. FAASSE:  You are the daughter-in-law.

MS. MAZAR:  Yes.

MR. FAASSE:  And is that their --

MS. MAZAR:  This is our contractor. 

MR. FAASSE:  Everybody is going to testify?

MS. MAZAR:  Whatever you need from us. 

MR. FAASSE:  Stand up please.  Everybody raise their right hand.

ALL WITNESSES FOR THE MAZAR APPLICATION SWORN

MR. FAASSE:  Okay, let’s go.  That is Steven Mazar, one of the applicants. 

MR MAZAR:  Yes.

MR. FAASSE:  Maryanne Mazar, one of the applicants, correct?

MR. MAZAR:  Yes. 

MR. FAASSE:  Now would you identify yourself, give us a spelling -- don’t jump ahead.  Spell your last name and give us your address.

MS. MAZAR:  It is Susan Mazar M-A-Z-A-R and I am at 17 Eastside Avenue in Wanaque. 

MR. FAASSE:  In Wanaque?

MS. MAZAR:  Yes. 

MR. FAASSE:  Okay. 

MR. FAASSE:  And Sir?

MR. HOLM:  Jeff Holm, 99 Meadowbrook Avenue.  I would be the competent person in charge. 

MR. FAASSE:  The competent person in charge.  You are not a relative.

MR. HOLM:  No, not a relative. 

MR. FAASSE:  Oh, okay.

MR. GREGOR:  I have to use that one of these days. 

MR. HOLM:  I am actually here for technical testimony if need be.

MR. FAASSE:  Okay.  All right.  And what would be your area of expertise?

MR. HOLM:  Construction.

MR. FAASSE:  Construction.

MR. HOLM:  If there is any construction, added construction questions. 

MR. FAASSE:  Okay.  Do you have a construction code number, license number?

MR. HOLM:  No, not with me. 

MS. MAROTTA:  I have one in the office probably.

MR. FAASSE:  All right.  Well I mean we always do that with the engineers and surveyors, we will have to start getting it from contractors now.  We are ready Mr. Chairman, I think.

MR. CHAIRMAN:  Okay.

MR. FAASSE:  The files are in order, the notice was given.

MR. CHAIRMAN:  Okay.  Let’s get the right documents.  We have two variance plan surveys.  Mr. Gregor?

MR. GREGOR:  Yes.

MR. CHAIRMAN:  Which one are we following, the one with the revision date of what?

MR. GREGOR:  The revision date of 10/23/07. 

MR. CHAIRMAN:  Okay.  All right, it is signed by the engineer on the 24th, right?

MR. GREGOR:  That is correct. 

MR. CHAIRMAN:  Does everyone have that document?

MR. FAASSE:  This is the one that came in the packet this month.

MR. CHAIRMAN:  The latest packet.  Well actually two came in the packet, one is obsolete.  Right?

MR. FAASSE:  Yeah. 

MR. HOFFMAN:  Mine came separately.

MR. CHAIRMAN:  No, I got one on the 19th and one on the 26th.  Is this no good?

MS. MAROTTA:  This is the reprint.

MR. GREGOR:  I should number them for you.

MS. MAROTTA:  The one dated the 26th.

MR. GREGOR:  Open that up and look at the review part.

MR. CHAIRMAN:  No, this one supersedes this one.

MR. GREGOR:  Yes. 

MR. CHAIRMAN:  Okay, just so we all have the same.

MR. KONING:  It is all on the 26th, Bill -- Jack?

MR. CHAIRMAN:  23 - 24, is signed.

MR. FAASSE:  Yeah, revised --

MR. CHAIRMAN:  Borough stamped October 26th.

MR. KONING:  Okay, got it.

MR. GRYGUS:  Borough stamped October 26th, okay.

MR. FAASSE:  Okay, is that correct?  You got that agreement.

MR. CHAIRMAN:  Okay, now, you are going to do this without paper work.  

MR. HOLM:  Yeah.

MR. CHAIRMAN:  Okay. 

MS. MAZAR:  You guys have all of our copies. 

MR. CHAIRMAN:  Okay.  We all have the right papers now?

MR. FAASSE:  All right and we also have a letter from Mr. Gregor dated October 31st.

MR. CHAIRMAN:  The 31st, right.

MR. FAASSE:  You have a copy of that right?

MR. HOLM:  Yes.

MR. CHAIRMAN:  Okay.  Why don’t you explain your application to us, what you are seeking to do?

MS. MAZAR:  Well I moved up here about nine years ago and for the last nine years I have been trying to find a home located close to where I live so that my in-laws can relocate here.  A few months ago a house went on the market around the corner and we purchased it.  It is a very small house on a large piece of property but the rooms are very small.  So to accommodate their furniture and themselves we just want to expand the kitchen a little bit and the bedroom a little bit so that you can actually fit a bed in it. 

MR. CHAIRMAN:  Okay.  Now you have supplied us with a couple of documents.  One is a construction detail Bill, it is really -- this one doesn’t mean much to us.  The floor plan, which means something, is not labeled.

MS. MAZAR:  It was a home drawing, I apologize. 

MR. CHAIRMAN:  Right, except it runs off the paper. 

MS. MAZAR:  No, it goes -- well, there is a front porch out there.

MR. CHAIRMAN:  Right, out here somewhere.

MS. MAZAR:  Yeah.

MR. CHAIRMAN:  Okay.  Basically, what you are showing us in the back is the proposed additions?

MS. MAZAR:  Yes, off to the side a little and to square it.  Basically, we are going to square off the back of the house.

MR. CHAIRMAN:  Right.

MS. MAZAR:  And go off two feet on the one side.

MR. CHAIRMAN:  Right, a porch just out, you are going to expand the left and right of the porch and wrap around on the north side of the house. 

MS. MAZAR:  Yes. 

MR. GREGOR:  Let’s go right to the proposed conditions.

MR. CHAIRMAN:  Okay.  Bill have you checked the lot coverage on this?

MR. GREGOR:  Yes.

MR. CHAIRMAN:  Okay, we are okay with that?

MR. GREGOR:  Yes, we are. 

MR. CHAIRMAN:  Okay.  The driveway, Bill.

MR. GREGOR:  It is a gravel driveway.

MR. CHAIRMAN:  Gravel, will it accommodate two cars?

MR. GREGOR:  Yes, it will.

MR. CHAIRMAN:  It is big enough?

MR. GREGOR:  It needs more gravel but yes.

MS. MAZAR:  You can put in four.

MR. GRYGUS:  Does it say a -- I thought it said a macadam driveway. 

MR. GREGOR:  No, it is gravel.

MS. MAZAR:  It is just gravel. 

MR. GRYGUS:  I thought it said macadam on this.

MR. GREGOR:  Well it is mainly dirt but it is gravel and dirt.

MR. CHAIRMAN:  The driveway to the north and south on the other properties is macadam. 

MR. GREGOR:  Well, one of them is partially on this property.

MR. CHAIRMAN:  The one for the south yeah runs onto your property.

MR. GREGOR:  Yeah. 

MR. CHAIRMAN:  Do you intend to pave over that driveway; improve the driveway?

MR. HOLM:  Yes.

MR. GREGOR:  The driveway is going to be paved?

MR. CHAIRMAN:  Um-hum.

MS. MAZAR:  Not immediately. 

MR. CHAIRMAN:  Okay.

MS. MAZAR:  Eventually yes.

MR. CHAIRMAN:  Okay.  The addition you are putting on is just going to blend into the roofline of the house, the existing house?

MR. HOLM:  Yes.  Except on the north side where they are bumping out two feet.  That will be raised up. 

MR. GREGOR:  That will be new raftering from the ridge over?

MR. HOLM:  Yes. 

MR. GREGOR:  One of the things that we don’t have is the dimension of the length of that bump out and the -- we have some dimensions but we don’t have some details.  I think I requested that in here. 

MR. CHAIRMAN:  The only place that it shows Bill is on this sketch.

MR. GREGOR:  I know it shows on the sketch but there are only very sketchy pieces of information on that.

MR. CHAIRMAN:  Right. 

MR. GREGOR:  We don’t know how long that runs along the side of the building.

MR. HOLM:  I believe it is approximately 20 feet.

MR. GREGOR:  Okay, well if that could be added to the drawings --

MR. HOLM:  Absolutely.

MR. GREGOR:  -- for corrective purposes, that is the type of information that we need.

MS. MAZAR:  Um-hum, sure.

MR. GREGOR:  We need that put onto the site plan, that information, the dimensions.  You say it is approximately 20 feet.

MR. HOLM:  Yes.

MR. CHAIRMAN:  All right, this says 24.

MR. GREGOR:  24.

MS. MAZAR:  Okay, well he doesn’t have any --

MR. GRYGUS:  Who is right?

MS. MAZAR:  Whatever that paper is exactly correct.

MR. GRYGUS:  Okay.

MR. CHAIRMAN:  Are you following this?

MR. FAASSE:  Yeah, but that is going beyond the existing, this is the existing structure here?

MR. GREGOR:  Well the existing structure stops here, juts out here and goes back here.

MR. FAASSE:  Right.

MR. GREGOR:  This isn’t dimensioned either, so we don’t know. 

MR. FAASSE:  Yeah but the question was how long does it go along the side of the house. 

MR. GREGOR:  Right.

MR. FAASSE:  So it is not that whole 24; that is what is going to go all the way to the back. 

MR. GREGOR:  It goes further beyond the house but we don’t know how large that bump out is.

MR. FAASSE:  I understand.

MR. GREGOR:  So we don’t know --

MR. FAASSE:  But it can’t be 20 feet if this is drawn to scale. 

MR. GREGOR:  Right. 

MR. FAASSE:  Right?

MR. GREGOR:  That is what the young lady said. 

MR. CHAIRMAN:  Right. 

MS. MAZAR:  Well this is the paper work that I gave the surveyor to show him what we wanted to do.

MR. CHAIRMAN:  Um-hum.

MS. MAZAR:  And that is how he did the survey.

MR. GREGOR:  Well he has got to do a little bit more. 

MS. MAZAR:  Okay. 

MR. GREGOR:  On the additions here on the new pieces --

MS. MAZAR:  Yes.

MR. GREGOR:  This little area where it says 8 by 6, that is new and then the 12 by 24, this other little wrap around, is new but is this part new the part in the center where the door are?

MS. MAZAR:  This section here --

MR. GREGOR:  Is new.

MS. MAZAR:  Is new.

MR. GREGOR:  Okay.

MS. MAZAR:  Right now it is currently -- this is just like a hallway and we just want to square of the back of this and then, obviously, the back wall end here.

MR. GREGOR:  That is the existing house.

MS. MAZAR:  Yes.  This is existing all here and we want to square off the back and bump it out because this room right now is less than 10 by 10.  If you have a 6 by 6 bed in a 10 by 10 room --

MR. GREGOR:  That is going to be a bedroom.

MR. CHAIRMAN:  That is going to be a bedroom.

MS. MAZAR:  That is going to be a back bedroom.

MR. GREGOR:  That is going to be the bedroom and the other part on the left hand side is going to be the kitchen?

MS. MAZAR:  Yes.

MR. GREGOR:  Okay.

MS. MAZAR:  That is all we are looking to do.  We want to maintain the integrity of the house on the street.  We are not looking to put a mansion up or anything crazy. 

MR. GREGOR:  And this room in the front is another bedroom?

MS. MAZAR:  Yes, that is a bedroom in the front, right in front of the bathroom.

MR. GRYGUS:  Bill, I didn’t get a copy of this report.

MR. GREGOR:  You didn’t?

MR. KONING:  No, I didn’t either.

MR. CHAIRMAN:  It was in the packet. 

MS. MAROTTA:  The one I handed out tonight. 

MR. GRYGUS:  Nobody has it. 

MR. FAASSE:  No. 

MR. GREGOR:  It was e-mailed.

MR. CHAIRMAN:  This was e-mailed on Halloween that is where I got it.

MR. GREGOR:  Okay, I don’t print; I haven’t been printing those because Gerri prints those copies here. 

MR. CHAIRMAN:  Okay.

MR. GREGOR:  Do you have any extra copies; I didn’t bring any extra with me.  The only extra I had I gave to Ralph.

MR. FAASSE:  He said he faxed it to me, but he never did. 

MR. CHAIRMAN:  The second page is here somewhere.

MR. FAASSE:  I have another one.  Hey, you want to look at mine?

MR. GRYGUS:  The four of us can share it over here if you got one.

MR. HOFFMAN:  I have one here.

MR. GRYGUS:  You printed it Pete?

MR. HOFFMAN:  Yeah, I printed it out if you want to look at it.

MR. KONING:  All right, we got one.  Can we have that one?

MS. MAROTTA:  I don’t have one.

MR. CHAIRMAN:  Oh, you don’t it

MS. MAROTTA:  It is probably in the file.

MR. CHAIRMAN:  You got one Ralph?

MR. FAASSE:  Yes, I just got one tonight.

MR. CHAIRMAN:  Okay, let them look at it for a minute.

MR. FAASSE:  Sure.  Basically they are looking for two variances according to Bill. 

MS. MAZAR:  The size here.

MR. FAASSE:  And the total I think?

MS. MAZAR:  It is approximately 105 square feet.  It is approximately 105 square feet.

MR. FAASSE:  What is?

MS. MAZAR:  The total addition. 

MR. CHAIRMAN:  That addition.

MR. FAASSE:  No.

MS. MAZAR:  Yeah.

MR. GRYGUS:  Total new.

MR. FAASSE:  No. 

MS. MAZAR:  Am I wrong?

MR. FAASSE:  Mr. Builder, what do you have for the total square footage?

MR. GRYGUS:  Looks like about 170.

MR. GREGOR:  He has got 96 in one spot right here.

MR. FAASSE:  Yeah.

MR. GRYGUS:  Yeah, it is about 170.

MR. GREGOR:  96 and then you have 6 times 8 is 42.  

MR. KONING:  It is the Bergen County map.

UNIDENTIFIED MALE:  Hey, don’t pick on Bergen County.

MR. FAASSE:  Why not, they always pick on us. 

UNIDENTFIED MALE:  That is why I won’t move to Passaic County.  I want to get out of Bergen County. 

MR. GREGOR:  A side yard setback of 8.7 feet, two side yard setbacks.  Can you read that?

MR. KONING:  Oh yeah.

MR. FAASSE:  Right now you have how many -- how many bedrooms do you have in the house now?

MR. MAZAR:  Two.

MR. FAASSE:  And how many bedrooms are you going to have after?

MS. MAZAR:  Two.

MR. FAASSE:  Two, still two.

MR. GREGOR:  Still two.

MR. FAASSE:  Yeah, still two too.

MR. CHAIRMAN:  Just expanding it.

MS. MAZAR:  We are just expanding the one bedroom and the kitchen. 

MR. FAASSE:  People have gotten bigger since the house was built.

MS. MAZAR:  The what?

MR. FAASSE:  People got bigger since the house was built.

MS. MAZAR:  Yes, I don’t know how anyone lived in there to be honest with you.  The refrigerator was in front of the window. 

MR. FAASSE:  All right, so did we correct how many square feet Mr. Contractor?

MR. HOLM:  Approximately about 196.

MR. FAASSE:  Yeah, yeah, that sounds a little bit more --

MR. CHAIRMAN:  200 square feet.

MR. GREGOR:  Actually she was closer than he was.

MR. CHAIRMAN:  Yeah, let’s call it 200. 

MR. GREGOR:  You were closer than he was.

MS. MAZAR:  You see.

MR. CHAIRMAN:  All right, so Bill what we are looking at is the side yard and the total side yard, that’s it.

MR. FAASSE:  Yeah.

MR. GREGOR:  That is correct.

MR. CHAIRMAN:  Okay. The other question that we are going to deal with is storm water management.

MR. GRYGUS:  Yeah.

MR. FAASSE:  I’m sorry.

MR. GRYGUS:  Storm water.

MR. CHAIRMAN:  Storm water management, which is Item 10 in the engineer’s report.

MR. FAASSE:  Yeah.

MR. CHAIRMAN:  Have you made any provisions or given any thought.

MS. MAZAR:  Well I did address it to our surveyor.

MR. CHAIRMAN:  Um-hum.

MS. MAZAR:  And I asked him that there may be a possibility that we may need to have it done and he advised me that in the State of New Jersey for new construction it is not required or additions that it is not required unless you are adding 600 square feet.  And he did not feel because we are not putting a full basement that it would be required for us.

MR. CHAIRMAN:  Okay.  Is that acceptable, Bill?

MR. GREGOR:  Well let me address that. 

MR. CHAIRMAN:  Okay.

MS. MAZAR:  Okay.

MR. GREGOR:  First of all the State of New Jersey for new construction does require a zero net increase for anything over 600 square feet.  However, Wanaque, the Borough, requires that you provide zero net increase so that you don’t negatively impact the neighbors for any new construction, especially on existing lots and infill lots.  As we have discussed, you are going to add a small addition on to the house --

MS. MAZAR:  Um-hum.

MR. GREGOR:  -- and improving it you are going to pave the driveway, which is now a requirement under current ordinances, that is going to add significant impervious surface to the existing property.  So it is our recommendation to this Board that a storm water management method --

MR. FAASSE:  Plan.

MR. GREGOR:  -- plan be put in place so that you don’t negatively impact by adding additional runoff to the neighborhood.  Just like if your neighbor did the same thing we would recommend it so that it doesn’t negatively impact you.

MS. MAZAR:  Okay.

MR. GREGOR:  So our recommendation is that we do add storm water management.

MS. MAZAR:  Okay. 

MR. CHAIRMAN:  Okay, so do you intend to address that, storm water management?

MR. HOLM:  Yes.

MS. MAZAR:  Yes. 

MR. CHAIRMAN:  Okay. 

MR. GREGOR:  Mr. Chairman, if the Board wishes they can make that a condition of any action by the Board or they could require that be done before the Board acts, whichever is their preference. 

MR. COVELLI:  The area of the addition is so small that at best you are probably talking a small pit.

MR. GREGOR:  Yeah, your typical pit is the 1,000 gallon pit.

MR. COVELLI:  Right.

MR. GREGOR:  I mean that is basically the smallest that is available and it is usually what is required for situations such as this.

MR. COVELLI:  You just put downspouts into it. 

MR. HOLM:  Okay.

MS. MAZAR:  Okay.

MR. COVELLI:  That’s all, that is all you are really talking about.

MS. MAZAR:  Okay.

MR. GREGOR:  You take the roof water and you put it into a seepage pit and you have satisfied the requirements and you neighbors are happy and you are happy.

MS. MAZAR:  Okay. 

MR. FAASSE:  How does one describe this addition?  I am having problems with Bill’s description.

MR. CHAIRMAN:  What do you mean?

MR. FAASSE:  8 to the rear, 2 to the side and for a length of 24.

MR. GREGOR:  That is all the information I had because they didn’t have the details on the site plan.

MR. CHAIRMAN:  It is 2 feet, Ralph it is 2 feet this way.

MR. FAASSE:  Yeah, 2 feet over there, I see that. 

MR. CHAIRMAN:  It is 8 to the rear, this way, and its 8 to the rear from here to here and 8 here and 6 this way.  It is two additions, technically. 

MR. FAASSE:  All right, this on here.

MR. CHAIRMAN:  This is existing.

MR. GREGOR:  That exists.

MR. CHAIRMAN:  This is the existing but they will call it rear porch.

MR. FAASSE:  All right so we are doing an 8 by 6 addition.

MS. MAZAR:  An 8 by 6, correct and a --

MR. CHAIRMAN:  To the south of the porch.

MR. FAASSE:  Right, south.

MR. CHAIRMAN:  And then a 12 by 8 by 24 by 2 L shaped.

MS. MAZAR:  Right.

MR. FAASSE:  12 by 8 by 24 by 2.

MS. MAZAR:  Right.

MR. CHAIRMAN:  Sort of a flag shaped addition --

MR. FAASSE:  All right, now that is making sense. 

MR. CHAIRMAN:  -- to the rear and the north side of the house.

MR. FAASSE:  Right.

MR. COVELLI:  Can’t we just call it a first floor addition of approximately 200 square feet as per a plan.

MR. CHAIRMAN:  Well Ralph is trying to put it into --

MR. FAASSE:  I like that too.  I just had trouble; I had trouble with paragraph 1 here, you know. 

MR. COVELLI:  You don’t have any dimensions, I mean what else --

MR. FAASSE:  I am saying this is not going to connect here.

MR. CHAIRMAN:  It is confusing, it is confusing.

MR. FAASSE:  There is something that I missed.

MR. CHAIRMAN:  Because there is existing in the middle Ralph. 

MR. GREGOR:  One of the things that we try to do when we get applications in is get them cleaned up like what they were talking about with the driveway and stuff like that.

MS. MAZAR:  Um-hum.

MR. GRYGUS:  The open covered lean-to that you have in the back --

MS. MAZAR:  It is getting knocked down.  It is leaning a little too much.

MR. GRYGUS:  Okay.

MR. CHAIRMAN:  Yeah, it is going to fall.

MS. MAZAR:  Yeah. 

MR. GRYGUS:  So it is going to be removed. 

MS. MAZAR:  Yes, it is.

MR. GREGOR:  Okay.

MR. GREGOR:  Would you have your drawings so indicate that that is to be removed as well.

MS. MAZAR:  Okay, so basically what you want me to do now is get a whole new drawing?

MR. CHAIRMAN:  What we are asking --

MR. FAASSE:  We didn’t tell you to do anything.

MS. MAZAR:  Okay.

MR. CHAIRMAN:  We are still working towards something. 

MS. MAZAR:  I just want to --

MR. FAASSE:  We are just making suggestions right now. 

MR. GREGOR:  What we are recommending that should this be approved.

MS. MAZAR:  Okay.

MR. GREGOR:  That the things such as that, we have a final drawing showing what was approved if you are so fortunate to get an approval.

MS. MAZAR:  Okay.

MR. GREGOR:  And that would show the lean-to to be removed.

MS. MAZAR:  Um-hum.

MR. GREGOR:  The driveway you are going to pave.  The dimensions on the addition all added in there.  So that you do it once and once only.

MS. MAZAR:  Okay. 

MR. GREGOR:  That is what our recommendation is to the Board.  They will tell you what they thought on it. 

MS. MAZAR:  Okay. 

MR. GRYGUS:  What we typically do with that is if they want to keep it we ask them if it can be moved to the five feet off of the property line.  But you are taking it down.

MS. MAZAR:  It is leaning a little too much.  It has had a few too many, I think. 

MR. FAASSE:  All right.

MR. CHAIRMAN:  Bill you have any questions?

MR. GREGOR:  Yeah, the only two questions that I have is I noticed there are some electrical outlets that are randomly placed through the rear yard.

MS. MAZAR:  There was a built in pool back there at some point.

MR. GREGOR:  Okay are they --

MR. CHAIRMAN:  A built in or above ground?

MS. MAZAR:  It was a built in that was filled in.

MR. GRYGUS:  It is probably still there filled with dirt.

MS. MAZAR:  Exactly. 

MR. HOLM:  Yeah, it is filled in right now.

MS. MAZAR:  It is a nice lush green over the top. 

MR. KONING:  Could that be used as a seepage pit? 

MR. GREGOR:  Are they currently active?  What are you proposing for those to remain as outlets back there or are you going to remove them?

MR. HOLM:  We are most likely going to remove them. 

MR. GREGOR:  Okay. 

MR. HOLM:  I don’t even know if they are active or not.

MS. MAZAR:  I don’t know, we haven’t even tried them.

MR. FAASSE:  Do they constitute a health and safety hazard?

MR. GREGOR:  Well I don’t know if they are hot or not.  It is just something that I asked.

MR. CHAIRMAN:  You are just brining it to light.

MR. GREGOR:  Yeah.

MR. CHAIRMAN:  But it is not something that the Board is going --

MR. GREGOR:  It is not something the Board needs to do doing. 

MR. CHAIRMAN:  Okay, what else Bill?

MR. GREGOR:  That is about it.

MR. CHAIRMAN:  That’s it, okay.  Gentlemen any other questions?

MR. GREGOR:  I want a correction to the zoning table because the lot width was measured incorrectly.

MR. CHAIRMAN:  Right, okay.  Is there any other questions gentlemen?  Let’s open it up to the public.  Does any one in the public have any questions or statements on this application?  If you do, please step forward.  Seeing and hearing none, we close the public portion.

MR. HOFFMAN:  I’m sorry, I just got one other question.  Do you have storage in the attic and is that going to be continued on over the addition?

MS. MAZAR:  It is like a crawl space up there. 

MR. MAZAR:  That is all there is. 

MR. HOFFMAN:  Okay. 

MR. CHAIRMAN:  Okay. 

MR. GRYGUS:  I’ll make a motion to approve the application for the construction of a one story addition of 8 by 6 and a second piece of it of 12 by 8 by 24 by 2 totaling approximately 200 square feet with the following two variances.  The first would be a variance for a side yard variance of 8.77 feet where the applicant is providing 11.23 feet where 20 feet is required by ordinance.  The second will be a total side yard variance of 15.1 feet where the applicant is providing 29.9 feet, where the requirement is 45 feet.  It would be subject to the following conditions:  1) That the drawings be modified as per item #2 for the 200 foot notification line from Mr. Gregor’s report that the bulk requirement table be corrected and also that the other additional conditions would be to have the plan to show that the lean-to will be removed, the driveway will be paved and that the applicant will provide a storm water management plan that meets the approval of the Board Engineer.

MR. GREGOR:  Item 1, didn’t we need something included on the size of the addition.

MR. GRYGUS:  Oh we need the dimensions of the addition on the plan also. 

MR. GREGOR:  Of the existing structure and the addition. 

MR. GRYGUS:  Right.

MR. LUDWIG:  I’ll second that.

MR. FAASSE:  What was the one just prior to the storm water management? 

MR. CHAIRMAN:  Paving the driveway.

MR. GREGOR:  Pave the driveway and remove the lean-to. 

MR. FAASSE:  Pave the driveway, yeah, I got to remove the lean-to.

MR. CHAIRMAN:  Oh, okay, before that was pave the driveway.

MR. FAASSE:  Pave the driveway.

MR. HOFFMAN:  And we have a second over here.

MR. FAASSE:  We have a second over there.

MR. CHAIRMAN:  Okay, Don was the second.

MS. MAROTTA:  Yeah, I got it. 

MR. HOFFMAN:  This was their first, I’m sorry, I need a parliamentary point of clarification.

MR. CHAIRMAN:  Okay.

MR. GRYGUS:  This was their first --

MR. HOFFMAN:  This was their first appearance before this Board.

MR. CHAIRMAN:  Yes.

MR. HOFFMAN:  Right here and now.

MR. CHAIRMAN:  Yes.

MR. HOFFMAN:  Thank you. 

MR. CHAIRMAN:  Okay.  Roll Call:

MOTION TO APPROVE THE MAZAR APPLICATION:

Made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members:  Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MS. MAZAR:  Thank you.  Is that it? 

MR. FAASSE:  No, no.

MR. GREGOR:  You get the speech now. 

MS. MAZAR:  Okay, okay.

MR. FAASSE:  I haven’t been directed by the Chairman yet. 

MR. CHAIRMAN:  The attorney has to give his speech now. 

MR. MAZAR:  Okay.

MR. CHAIRMAN:  Go ahead Sir.

MR. FAASSE:  Okay the Board has saw fit to grant you your variance.  However, it is not final and it will not become final until we adopt a resolution which hopefully will be done next month.  It would be to your benefit to get these revised plans in here and have them reviewed by the engineer so that we can take care of everything all in one shot at the next meeting.  Thereafter, the secretary has 10 days to put it in the paper.  Thereafter, anyone from the public including all of those people who didn’t see fit to come here have the right to take us to court for a period of 45 days to say what we did was arbitrary, capricious and unreasonable.  Okay.  If you do any building, once you get passed the resolution and we approve your new plans, you bring in the plans to the building department and you get a permit.  However, if you do any building between now, the Resolution, the 10 days, the 45 days, you are doing it solely at your own risk and peril and not at the Borough’s.  Do you understand that?

MR. MAZAR:  Yes.

MR. FAASSE:  Mrs. Please?

MR. MAZAR:  Yes.

MR. FAASSE:  Okay, because we don’t take nods of the head yet because we don’t have videotape, someday we will the videotape.  Go to the videotape.  It wouldn’t be the first time that a Superior Court Judge could say well that is a nice addition but take it all down.

MS. MAZAR:  I have a question.  Is there any chance that I can start the addition now due to the fact that -- I mean I have agreed to do what you asked us to do and we are going to do it.

MR. CHAIRMAN:  She can pull a permit.

MR. GREGOR:  It is at your risk. 

MR. FAASSE:  You didn’t listen?  

MS. MAZAR:  Well I did but I don’t want to -- you know -- do something that is not --

MR. FAASSE:  We are not going to tell you what to do because you are doing solely at your own risk and peril.

MS. MAZAR:  Okay.

MR. FAASSE:  All we are doing is tell you what the law is.

MS. MAZAR:  Okay.

MR. FAASSE:  It is not final until we adopt the Resolution, until it is in the newspaper and that 45 day period.  Okay?

MS. MAZAR:  Okay.

MR. GREGOR:  See once you get those revised plans in --

MS. MAZAR:  Um-hum.

MR. GREGOR:  -- technically the building inspector can under --

MS. MAZAR:  Can I revise them right now?

MR. GREGOR:  -- Wanaque ordinances can give you a building permit but as the attorney said it is at your own peril.

MS. MAZAR:  Okay.

MR. GRYGUS:  She seems very anxious, are you staying with her right now?

MS. MAZAR:  I am very anxious because the house on the market and if I don’t get them in their new house they are moving in with me.

MR. FAASSE:  She doesn’t like her in-laws?

MS. MAZAR:  I love my in-laws and I am making them move up here. 

MR. GRYGUS:  I picked up on that. 

MR. FAASSE:  Just for the record, again, give us your name.

MS. MAZAR:  It is Susan Mazar.

MR. FAASSE:  Okay, now, Mr. and Mrs. Mazar you have to make the determination, not Susan or anyone else because it would be at your cost and expense if something goes wrong.  We are not saying it will but it could. 

MR. GRYGUS:  Yeah but I think Susan is trying to say it will be at her peril, that is what she is trying to tell us. 

MR. FAASSE:  I don’t want to get into any family fight there. 

MS. MAZAR:  I will be moving them in with you guys, okay, I’m just joking. 

MR. CHAIRMAN:  Have a lovely evening.

MS. MAZAR:  Thank you very much.

MR. CHAIRMAN:  Lots of luck.

MR. FAASSE:  Do you have any other questions?

MS. MAZAR:  No that is it.  Enjoy your night. 

MR. CHAIRMAN:  Okay, let’s move on.  Okay, the next application that we are going to deal with. 

MR. FAASSE:  You know, we should tell you some towns don’t give you the permit until that whole period goes.

MR. CHAIRMAN:  Right.

MR. FAASSE:  Some towns, they just make you wait.

MS. MAZAR:  Thank you, enjoy your weekend.

MR. FAASSE:  All right, who is next. 

MS. MAROTTA:  Bill, tomorrow can you fax me over a copy of that report because I don’t have that?

MR. GREGOR:  Mazar, sure. 

MR. CHAIRMAN:  If you had E-mail, you would have it.

MS. MAROTTA:  I do have e-mail.

MR. CHAIRMAN:  Why don’t you get on the list, you would get all the reports instantly. 

MR. FAASSE:  All right, who is next? 

MR. CHAIRMAN:  Okay, next application is 03-07.  This is the Santoro application.  1185 Ringwood Avenue. 

MR. LA SALA:  Good evening, Mr. Chairman.

MR. CHAIRMAN:  Good evening, Sir how are you?

MR. LA SALA:  Excellent, excellent and hope you are as well.  James La Sala appearing on behalf of the applicant.  We have two witnesses this evening, Mr. Jacobitti and Mr. Gardner.  Mr. Gardner is at the table but perhaps Mr. Jacobitti would be a little quicker which is my guess based upon the questions that the Board seemed to be raising the last time. 

MR. FAASSE:  We got a new letter from Mr. Gregor dated November 6, 2007 and we got some revised plans.  Somebody want to list them for the record? 

MR. CHAIRMAN:  Okay, let’s figure out which plan we are supposed to be using.

MR. FAASSE:  Yeah.

MR. CHAIRMAN:  I believe it is the one stamped -- we should have one stamped by the Borough stamp of October 25, 2007 with the last revision date on it of 10/16/07, Revision G.  Everybody got that plan? 

MR. FAASSE:  I’m sorry, 10/16/07 was the last revision? 

MR. CHAIRMAN:  Right.

MR. GREGOR:  That is correct.

MR. CHAIRMAN:  And it is Revision G.

MR. FAASSE:  Okay.  So this is the one we are going to be using. 

MR. GRYGUS:  And what about the architecturals?

MR. CHAIRMAN:  Now, which architectural plan are we playing with? 

MR. LA SALA:  Architectural plan that is dated September 21, 2007.

MR. GRYGUS:  Is that the one that is received September 26th?

MR. GREGOR:  I guess.  Presumably that would be about the date. 

MR. GRYGUS:  Yup, got that.

MR. CHAIRMAN:  So those are the documents that we need to go with.  Okay. 

MR. FAASSE:  September -- received September 13th?

MR. GRYGUS:  Received what?

MR. CHAIRMAN:  September 26th. 

MR. GREGOR:  The architecture, Ralph.

MR. FAASSE:  Yeah.

MR. GRYGUS:  Architecture, September 26th.

MR. GREGOR:  The site is October 25th. 

MR. FAASSE:  All right. 

MR. GREGOR:  By the way, the dates are all listed in my report.

MR. CHAIRMAN:  Okay.  Did you find them Ralph?

MR. FAASSE:  Yeah, I got them. 

MR. CHAIRMAN:  You got a lot of envelopes with this one.  Okay, now I think also, if memory serves me correct, we also have a letter from Mr. La Sala on this application, right?

MR. GREGOR:  Um-hum.

MR. CHAIRMAN:  Dated September 25th.

MR. GREGOR:  Yes.

MR. CHAIRMAN:  Okay.  That we are going to talk about. 

MR. LA SALA:  We need to talk about that?  We’ll have Mr. Jacobitti and Mr. Gardner first but we can talk about anything else you need to.

MR. CHAIRMAN:  Which I think we need to talk about.  Do you have a copy of that letter?

MR. LA SALA:  I’ll pull that out. 

MR. CHAIRMAN:  In fact, while everybody is trying to find the right plan, why don’t we go to your letter?  Since nothing is numbered, it would be -- I got your letter and then I got all the stuff from, I guess, the Borough Tax Department.  You put a lot of papers together.

MR. LA SALA:  Oh okay, yeah.  I have the September 25 with the documents are received from the tax office.

MR. CHAIRMAN:  Right.  About the fifth document down.  I am a little confused by this. 

MR. LA SALA:  What does it -- is that the handwritten one or?

MR. CHAIRMAN:  The handwritten one, yes, that beautiful Borough handwritten document.  It makes reference to the use and the number of apartments which doesn’t agree with your application. 

MR. LA SALA:  What is the date on this?

MR. CHAIRMAN:  It says two apartments and storage on the upper floor.

MR. LA SALA:  And storage?

MR. CHAIRMAN:  Right.

MR. LA SALA:  I can’t read that, okay.

MR. CHAIRMAN:  It is little hard to read but I can see two apartments and storage.  When did the third apartment appear and was it done legally?

MR. LA SALA:  The town zoning office, speaking to Ms. O’Reilly looking back into her files, there are no records dated before 1988.  It is impossible for us to determine whether or not there was any application regarding this property from the time it was built until 1988 because the town does not have any records. 

MR. CHAIRMAN:  They have no records.

MR. LA SALA:  The only records that exist are these records which I received from the township.

MR. CHAIRMAN:  Right. 

MR. LUDWIG:  Well I got, well it came in the packet, updated on 01/06/04.

MR. LA SALA:  Which one is that?

MR. LUDWIG:  It has the same letter though as of 04, there were two apartments in there the way that this --

MR. CHAIRMAN:  Now where did -- was that part of --

MR. LUDWIG:  That came in with -- that was one of the pieces of information that was mailed out with this application.   

MR. CHAIRMAN:  Okay.  Was that part of counselor’s letter?

MR. LUDWIG:  No.

MR. CHAIRMAN:  Attached to it?

MR. LUDWIG:  It has the same sheet.

MR. CHAIRMAN:  Okay. 

MR. LA SALA:  I am looking for that.

MR. LUDWIG:  Up in the right hand corner it says when it was updated.  It was the sales information; it looks like it was when they bought the property.

MR. CHAIRMAN:  Right, right.  Well actually I think -- well no, that is different.

MR. LUDWIG:  It should be in -- it should be in your files.  When did your client buy the property is that the information from the realtor? 

MR. LA SALA:  When did you buy the property?

MS. SANTORO:  I have no idea.

MR. LA SALA:  A few years ago.

MS. SANTORO:  When we started the process.

MR. LA SALA:  About two -- two and half years ago.

MR. LUDWIG:  So that package might have been from the realtor? 

MR. LA SALA:  I am not sure which packet you are talking about. 

MR. LUDWIG:  There is other paperwork on it, I’m sure everybody has got that same --

MS. MAROTTA:  When did you get that one though?

MR. LUDWIG:  With one of the --

MS. MAROTTA:  But not like this last week, it must have been --

MR. LUDWIG:  No, no, it was in one of the --

MS. MAROTTA:  -- a couple of months back.

MR. CHAIRMAN:  Previous ones.

MR. LA SALA:  In one of the prior applications?

MR. LUDWIG:  Yeah, one of them.

MR. LA SALA:  Then that is something that I haven’t seen.  It wasn’t with my letter of September 25th, it is something I haven’t seen.

MR. LUDWIG:  But it refers to the same handwritten document. 

MR. GREGOR:  I got it from the original packet. 

MR. KONING:  Yeah, I got it here too. 

MR. GREGOR:  From the original packet. 

MR. CHAIRMAN:  Okay.

MR. KONING.  Yeah.

MR. LUDWIG:  Well it seems to me that it is stating that the realtor said it was two apartments.

MR. CHAIRMAN:  It is the same paper counselor.  Page 2, is the same paper I am referring to.

MR. LA SALA:  Oh, okay, it is the same paper.

MR. CHAIRMAN:  Okay.

MR. LA SALA:  Two apartments and storage, that one.

MR. LUDWIG:  But it seems to say that in 04 it was still two apartments.  According to this, it was updated. 

MR. LA SALA:  Is there a date on this paper because I don’t see one?

MR. LUDWIG:  No there is no date on that but I am saying though is this is sales information from, it looks like, from the purchase of the property that somebody included in the application to the town.

MR. KONING:  It has your name on it, your name on it. 

MR. LUDWIG:  No, that wasn’t.

MR. LA SALA:  No, Mr. DiDonato was the owner.

MR. CHAIRMAN:  That was the former owner.

MR. LA SALA:  That was the former owner. 

MR. CHAIRMAN:  See even this document that says two apartments and storage --

MR. LUDWIG:  It was stapled together and handed in with one of the applications and updated 04 and it has that same sheet. 

MR. CHAIRMAN:  There is no date on any of this that is the problem.

MR. LUDWIG:  As of 04 it is still listed as two apartments. 

MR. CHAIRMAN:  And what bothers me is the age of the building is 1988, so this would have been done after that.

MR. CHAIRMAN:  Right.  

MR. LA SALA:  There weren’t together in the packet of papers I got from the tax office. 

MR. LUDWIG:  Like I said, this was handed in at one time.

MR. CHAIRMAN:  Right.

MR. LUDWIG:  And it looks like the realtor --

MR. CHAIRMAN:  Something changed somewhere.

MR. LA SALA:  Okay, I don’t have that, I don’t know what that is.  I can just tell you what I have from the township and that is this piece.

MR. CHAIRMAN:  I mean the only thing on the handwritten document as far as a date it says age of building is 1988.  It doesn’t tell us when the document was made. 

MR. LA SALA:  Right, and the building is older than that.  I mean from what we determined in the prior testimony I think it is in the 70’s.  And, again, unfortunately there is no record -- it is pretty safe to assume that it wasn’t 1988 because the town records go back to 88. 

MR. LUDWIG:  They should probably say 78. 

MR. LA SALA:  Yeah, 78 maybe I could believe.  But in the card files that are in the building office, they went back to 1988 and there is nothing on this property in that point in time. 

MS. MAROTTA:  Evidently, when you call me whatever I told you that day.

MR. LA SALA:  Well I just happened to be in court that day and I popped in to see you.  We were looking up things, we were looking through the files.

MS. MAROTTA:  And I didn’t have anything going back in my card file?

MR. LA SALA:  Yeah, I was looking for that and something on Colfax Avenue.  We found about five of them on Colfax Avenue.

MS. MAROTTA:  Well that, by the way, the zoning officer --

MR. LA SALA:  Yes.

MS. MAROTTA:  -- he is on vacation.

MR. LA SALA:  Yeah I know.  He’ll be back in another week or two. 

MS. MAROTTA:  So that note is in his bin.

MR. LA SALA:  I am aware of that, thanks.  But the answer is without calling Mr. DiDonato, we don’t have any information other than what is right here.  What we can do is proceed with everything that we got, we can call Mr. DiDonato and see what he has to say. 

MR. CHAIRMAN:  Because that is the only piece of paper in this whole packet that identifies the second floor.

MR. LA SALA:  Right and I don’t know who prepared it, I have no idea where it came from, all I know is that it was in the tax files.  I don’t know that it was something that was prepared by the tax office or by the realtor or by Mr. DiDonato, I have no clue.

MR. CHAIRMAN:  Um.

MR. LA SALA:  What I was looking at and the reason I missed that is one because it is kind of faded on my copy but the other is I was looking at all the computerized and other formal records rather than that particular handwritten one.

MR. CHAIRMAN:  Um-hum.

MR. LA SALA:  And there is no reference in anything that I saw to the number of units.

MR. CHAIRMAN:  No.  The other records don’t indicate anything within the building itself.

MR. LA SALA:  Exactly, I even reviewed it with the tax collector’s -- tax assessor’s secretary upstairs.  Neither one of us pick up on that.

MR. GRYGUS:  All right, let’s go.

MR. CHAIRMAN:  Okay.   That is one issue we will have to get back to.

MR. LA SALA:  Okay.  Hopefully we can make it legal now.

MR. CHAIRMAN:  Okay, let’s move on with this.

MR. FAASSE:  Who is going first?

MR. LA SALA:  Mr. Jacobitti. 

MR. CHAIRMAN:  Okay, the architect.

MR. FAASSE:  Stand up please.  I don’t think we swore you in, correct?

MR. JACOBITTI:  No.

LOUIS JACOBITTI SWORN

MR. FAASSE:  Okay, give us your full name, I think you have plans with the spelling thereof, Gerri?

MS. MAROTTA:  No, I am going to wait for him to spell it.

MR. FAASSE:  Okay, would you please spell your last name and give us a business address.

MR. JACOBITTI:  J-A-C-O-B-I-T-T-I.  Address is 170 Kinnelon Road, Kinnelon, New Jersey.  The Company name is Jacobitti Ruiz Architects. 

MS. MAROTTA:  Do you have a business card that you could give me?

MR. JACOBITTI:  Yes.

MR. CHAIRMAN:  It is right here on the drawing too.

MS. MAROTTA:  Oh never mind. 

MR. CHAIRMAN:  It is right on the drawing. 

MS. MAROTTA:  It is on the drawing.

MR. FAASSE:  You are offering him as a licensed architect?

MR. LA SALA:  Yes.

MR. FAASSE:  Mr. Jacobitti do you know what your architect license number is?

MR. JACOBITTI:  A7435

MR. FAASSE:  Wow.  Is it still good in full force and effect in the State of New Jersey as of today?

MR. JACOBITTI:  Yes it is.

MR. FAASSE:  You have paid your most recent dues.

MR. JACOBITTI:  Absolutely.

MR. FAASSE:  Okay.

MR. GREGOR:  They don’t call them dues, they call them fees.

MR. FAASSE:  Fees, right, right. 

MR. GREGOR:  Dues have a voluntary nature to them.

MR. FAASSE:  That is right, you are right.  I’m sorry.  I stand corrected as usual. 

MR. GREGOR:  I have a license; they don’t ask me for dues, they ask me for fees. 

MR. GRYGUS:  It is not voluntary either.

MR. CHAIRMAN:  You don’t voluntarily pay them?

MR. GREGOR:  No.  I am forced to pay them. 

DIRECT-EXAMINATION OF MR. JACOBITTI BY MR. LA SALA

Q    All right, Mr. Jacobitti you had the good fortune to prepare architectural plans for this project, is that correct?

A    Yes.

Q    And after the original plans that were submitted with the old application and after a meeting at our office following the last meeting, we got together and made some changes to the original concept.  Is that right?

A    That is right.

     Q    In particular, there was like a stairway in the back of the building that was now been moved inside.

A    That is correct.

     Q    All right.  Given that is the significant change from what the Board may have seen before, could you give us just a general description of what the plans show?

A    Yeah.  The plans show an addition at the first floor level of approximately 12 feet wide by 29 feet 11 inches deep on the left side of the building with a second floor addition above it that is approximately 62 feet long and 33.11 wide, which means there is an overhang to increase the second floor footage a little bit.  There is a metal canopy proposed to go across the whole front of the building to cover the walkway and all of the store entrances.  A new signage will be on that canopy with gooseneck lighting, it is intended that the signage will all be uniform in design.  The upper floor, both existing and proposed, will be stucco.  The colors, at this point, are intended to be beige and light tans with a green metal roof.  The original stairway in this building is being removed.  The stairway that goes to the second floor apartments is going to be removed because the entrance to that stairway was in the front of the building and any of the occupants who were in that apartment, or visitors, would park in the front.  Our intent is to have the entrance from the rear so that the tenants will be parking in the back freeing up parking spaces for the commercial uses on the lower floor.  The existing left side of the building is a garage, a transmission shop, that is going to be converted into two different stores.  One store approximately 794 square feet; the second store 941 square feet.  The two new apartments are two bedroom apartments.  The front one is 1045 square feet; the rear apartment is 899 square feet. 

     Q    With regard to the access now to the apartments, could you describe what that is going to be?

A    Yes.  There is a new stairway that is in the footprint of the existing building so that we have -- so that we can enter the two apartments from the stairway that comes from the rear of the building.  There are currently, the other three apartments, the existing three apartments downstairs that also enter from the rear of the building. 

     Q    So will that mean that all of the apartments will now enter through the rear of the building?

A    That is correct.

     Q    With regard to the front of the building, I am looking at the proposed front elevation, where you have gooseneck lighting shown, is the lines above the gooseneck lighting, is that the canopy you are talking about?

A    Yes.

     Q    And the lines or the blank space underneath the gooseneck lighting would that be the new signs?  I am not sure what that is.

A    The signs have no -- it is just white paper with the lights coming down on the top of them.  The texture indicates the stucco finish.

     Q    Gotcha.  If the town has a development committee or if the zoning or building officers have any specific recommendations they have as to cosmetic modifications to the building, colors, designs, etcetera, are you and the applicant willing to meet and adjust the specific design with regard to any such recommendations?

A    Absolutely.

     Q    Is this design somewhat consistent in design and color with the town center that has been built up the street?

A    Yes, we have tried to give the new addition part of it a residential character and even though those buildings are, I think, three stories of commercial space, they have that residential character which I think is appropriate for the neighborhood. 

     Q    And the stucco with the beige colors and the tan colors are somewhat consistent as well?

A    Yes.

MR. LA SALA:  I open up Mr. Jacobitti for questioning by the Board. 

MR. COVELLI:  On the existing apartments, you say that they are all going to exit through the rear?

MR. JACOBITTI:  Yes.

MR. COVELLI:  How are they going to exit through the rear in apartment number 3, that stairwell now goes towards the front of the building?

MR. JACOBITTI:  What we have done is a stairway -- it is difficult to explain it.

MR. COVELLI:  Does it connect to the proposed stair?

MR. JACOBITTI:  Yeah, it connects to the proposed stair.

MR. COVELLI:  Okay.

MR. JACOBITTI:  This is -- here is apartment number 3, that existing doorway.

MR. COVELLI:  Okay you are going to enter it from the rear there.

MR. JACOBITTI:  Right, and that is the reason there is two different -- there is an additional set of two risers because the floor level there is changed.  The exiting floor levels are at two different elevations so that the lower landing when we come up to the top of the stairs will service the existing apartment and then we go up two more risers to get to the two new apartments. 

MR. GREGOR:  Mr. Jacobitti, a couple of questions for you regarding your drawings.  I am looking at Sheet A-1.  You had mentioned a canopy as being added.

MR. JACOBITTI:  Yes.

MR. GREGOR:  And I believe I see some posts which give me a hint that that is occurring on the partial, proposed partial store plan.

MR. JACOBITTI:  That is occurring across the whole building existing and proposed.

MR. GREGOR:  Okay.  That is not dimensioned on your architecturals as to the length or the width of that and in looking at the proposed front elevation, it appears to be extending the entire length of the building and actually partially beyond.  Could you tell -- could you put on your drawings or tell us or both rather what the length of that canopy is and what the width is away from the base of the existing building?

MR. JACOBITTI:  The width is the same as the width of the sidewalk which I think is --

MR. GREGOR:  The sidewalk is 6 feet.

MR. JACOBITTI:  6 feet.

MR. GREGOR:  Okay, so the width of that canopy is 6 feet?

MR. JACOBITTI:  Yes.

MR. GREGOR:  Could you amend your drawings accordingly to show that dimension on there?

MR. JACOBITTI:  Absolutely.

MR. LA SALA:  I might say Mr. Gregor that it is almost certain that the testimony of the engineer, based upon comments -- discussions he had with you with regard to parking, may reduce the width of the sidewalk to four feet in which case the canopy would also be reduced to four feet.  We will discuss that with the engineer.

MR. GREGOR:  Yeah.

MR. LA SALA:  So whatever the width is, yes, it could be noted on the plan.

MR. GREGOR:  Okay and that width will be shown on the revised drawings.

MR. LA SALA:  Yes.

MR. GREGOR:  Okay.  By the way, just to follow up on that, Mr. Gardner and I spoke today and there were a couple of different options that he was asking me about.  I believe one of them was the possibility of reducing the width of that sidewalk and relocating some parking.  I am not sure if that is what you are going to propose or not but whatever it is as long as the Board knows and the drawings show both the width and length of that canopy.

MR. LA SALA:  Exactly, yes.

MR. GREGOR:  Also on --

MR. FAASSE:  So just that it is clear it is stipulated that if we do reduce the sidewalk, the canopy is going to be reduced accordingly.

MR. CHAIRMAN:  But doesn’t that impact the apartment upstairs then?

MR. JACOBITTI:  No, it will change the pitch of the canopy a little bit. 

MR. LUDWIG:  The apartment, it reduces the living room.

MR. CHAIRMAN:  Yeah, but you got that new apartment, the south side of the building you got that front wall all the way up to the line of the canopy.

MR. JACOBITTI:  That’s right, that will reduce it two feet.  So it is 2 by -- I think that was 12 feet if remember correctly.

MR. GREGOR:  Well that is where I was going.

MR. CHAIRMAN:  So then your bump out of two feet would disappear.

MR. JACOBITTI:  Yes.

MR. LA SALA:  Let me check on that.

MR. GREGOR:  Well that was my next question I was getting to that portion of the dimensioning as well.

MR. CHAIRMAN:  Right.  Yes because then the whole thing, everything changes in the front of the building.

MR. GREGOR:  This is two feet; it is the proposed living room that bumps out to the full width of the canopy. 

MR. LA SALA:  We will have to make whatever modifications if the sidewalk is reduced and the canopy is reduced we will have to resubmit and make the modifications.

MR. GREGOR:  I think -- what I am trying to ask is for all of these dimensions on the proposed canopy --

MR. LA SALA:  Yeah.

MR. GREGOR:  -- and the proposed addition with the bump outs, there are no dimensions detailing what you are proposing.  Could you dimension all of that so that we can clearly see what is going on?

MR. JACOBITTI:  Sure.

MR. LA SALA:  Absolutely.

MR. GREGOR:  Thank you, that was my request.

MR. LA SALA:  And with regard to the -- and just for clarification what we are saying is the canopy would be bumped back whether or not we bump back the addition and the kick out of the addition we will discuss after we do the site plan.

MR. GREGOR:  As long as you show it to us.

MR. LA SALA:  It will be shown regardless, yes.

MR. GREGOR:  And could you tell us on the offset, do you happen to know what the offsets are on the proposed new addition?  I am looking at the proposed partial apartment plan. 

MR. JACOBITTI:  You mean the overhang part of it?

MR. GREGOR:  Well there is a number of sections.  There is the length -- looking along the rear, it is bumping out to the rear but it doesn’t say how far it is bumping out. 

MR. JACOBITTI:  It is both two feet in the front and two feet in the back. 

MR. GREGOR:  So each bump out we see --

MR. LUDWIG:  So then you have bump out along the bump out in the front too.

MR. JACOBITTI:  That’s right, that is another two feet.

MR. GREGOR:  So each bump out is two feet including the one that is bumping out from the existing building?

MR. JACOBITTI:  Yes.

MR. GREGOR:  Okay and although it is not important I know right now, you will also provide the width of all of those so we know where those bump outs are.

MR. LA SALA:  Sure.  We will dimension it as if it was --

MR. GREGOR:  Thank you. 

MR. LUDWIG:  If anybody from the public wants to stop in and look at these plans, they are not going to be carrying a ruler with them to be able dimension it themselves, so that is why it really has to be on the plans -- 

MR. CHAIRMAN:  Right.

MR. GREGOR:  Right.

MR. JACOBITTI:  Sure, of course.

MR. LUDWIG:  -- for the public to look out.

MR. JACOBITTI:  No problem.

MR. FAASSE:  Some of us lay people aren’t capable of doing it even if we have a ruler. 

MR. LUDWIG:  Oh, okay. 

MR. GREGOR:  If the canopy is extending past the building as is shown on your plan you will also have that dimension, correct?

MR. LA SALA:  Yeah.  Unfortunately, I haven’t had a chance to see the revised site plan yet and so we filed the drawing.

MR. CHAIRMAN:  But your plan and the site plan don’t actually match. 

MR. LA SALA:  I haven’t seen the site plan so I can’t tell you. 

MR. GREGOR:  Okay. 

MR. COVELLI:  I have a question, I know in prior testimony, I believe there was some testimony to the fact that you wanted to leave some of the existing apartments the way they were because of the stairwell.  But, obviously, this plan shows the ability to add additional stairwells as you did here.  I just want to ask the question because we know we have a very tight site down there, so I just want to ask if there was any consideration given to or what is the need -- if you didn’t put that 12 by 30 foot addition on there, you would still end up with Store #7 being about 581 square feet which would still be bigger than your smallest store and, at that point, just revamp the apartments on the second floor so that you could get away from the one that is below the required minimum of 750 square feet. 

MR. FAASSE:  I don’t know if that is a proper question for the architect. 

MR. CHAIRMAN:  It is all layouts of the apartments there are no architectural questions.

MR. FAASSE:  Okay. 

MR. COVELLI:  I mean if you did away with that addition you would still end up with a little over 4,200 square feet of floor space on the second floor that could probably modify into -- you know -- maybe --

MR. LA SALA:  Is your focus to move the stairway between Apartment 1 and Apartment 2?

MR. COVELLI:  Well my focus is that we know we have a tight site down there and I am trying to understand the need to put this addition on there which is going to exacerbate that condition and also at the same time try to get that apartment that is under 750 square feet and bring it up. 

MR. LA SALA:  Right and the only way to enlarge the apartment, Apartment #1, Mr. Jacobitti, I assume would be either to kick the wall out to the right, away from the stairwell, or actually move the entire stairwell, would that be right.

MR. JACOBITTI:  Yes, the stairway separates those two apartments.

MR. COVELLI:  But we put a new stairway in going into to one of the other apartments already on the proposed plan.  So, obviously, the ability to maybe move stairways or whatever --

MR. JACOBITTI:  Well to move that stairway would have to then go out towards -- is that now a paper street --

MR. LA SALA:  Laurie Street, yeah.

MR. JACOBITTI:  The street along side would I mean that was the tightest part of the site right there.

MR. LA SALA:  Is it possible -- I guess the question is --

MR. COVELLI:  Existing, it is the current part of the site.  Quite frankly, as we are viewing this proposal, you are now making the south side of this property equally as tight.  And the intensity on this property is what we are trying to grapple with because, quite frankly, it is already a tough site to deal with.  And what we are being told here is that you want to solve the problem by intensifying the use and we are having a real problem grappling with that.  And some how I guess and I might be speaking out of turn here but I think you have been here for three months, I am not even going to take all the other time, and you see this Board every month grabble with the fact that we can’t understand that the applicant continues to testify or the representatives of the applicant, continue to testify that the way to solve the problem on the lot is to increase the intensity.  So you see a level of frustration here as we continue to keep grappling with this issue that keeps telling us to intensify the use of the lot and that is going to solve the problem. 

MR. LA SALA:  In order bring the property up to the level of quality that is being proposed and designed that is similar to say the town center that is up the street from the subject property, there, obviously, has to be one consideration for the applicant and that it has to be financially feasible to do so.  That is not in it of itself a reason for the Board to approve it.  But it does have to come into the applicant’s consideration.

MR. COVELLI:  I understand that Counsel, but you used the work quality and I’m sorry by the word quantity keeps coming into my mind, not the word quality.

MR. LA SALA:  I understand that but if the project doesn’t pay for itself by the square footage and the rentals that relate to it, then we are looking at the situation where the improvement to the property in the manner that the owner wants to do it right now is not financially feasible and we are looking at a paint job effectively.  And she’ll be testifying to that later on but that is, as I know, and as counsel knows, the financial aspect of the application is now on which the Board would be able to hang its hat.

MR. COVELLI:  That is correct.

MR. LA SALA:  So we are minimizing that issue but it is a real issue for the applicant as a result of that.

MR. COVELLI:  But by the same token we don’t want to create something that is beautiful but doesn’t work.

MR. LA SALA:  Right.

MR. LUDWIG:  I had mentioned, I think it was the last meeting or the meeting before, snow removal.  I don’t see any possible way that anybody could maintain this property and not push snow out onto the public roads.  There is no place.  And especially with putting this addition on this end, where are you going to put snow on this property?  I mean there are so many things by making this building bigger --

MR. LA SALA:  And, again, those are questions for the engineer.

MR. COVELLI:  I think the question that I asked is --

MR. GRYGUS:  I think we scared him away he is not sitting there.   Oh there he is, hello Mr. Gardner, how are you.

MR. COVELLI:  Essentially what I was trying to get at is if we didn’t have that addition and if we just wiped the whole second floor clean and maybe we went with three or four apartments that would -- you know -- that would reduce some of the intensity of the site, take away some of the negatives of the parking, still give you a store that is going to be equal to some of the other stores that you had on there -- you know -- it might be something that is worth --

MR. LA SALA:  It is more than that because you are also now effecting the stores on the bottom because moving that stairwell means that you are now reconstructing the stores downstairs at that level at that end of the building as well. 

MR. GREGOR:  Understand counselor that I don’t believe and I don’t want to put words in your mouth, I don’t believe that the Board Member is saying that he wants to tell you where to put a stairwell. 

MR. COVELLI:  Right.

MR. GREGOR:  What he is saying to you is that it appears that as you presented these drawings to us that there is some flexibility --

MR. COVELLI:  Right, because we did -- we did move --

MR. GREGOR:  Plus the fact that you, as the applicant, have proposed moving stairwells, I think that was his only point.  Is that correct?

MR. COVELLI:  Right, right.

MR. LA SALA:  But what I am saying is it is not as simple as it is being painted because moving that stairwell affects two different apartments, two different stores that already exist and someone has been living in this apartment for years at 713 square feet.  Moving that stairwell would impact on three other units in a significant way.  That would be, obviously, again a minor point for the Board and a major financially aspect dramatically increasing the price of the construction at this end of the project.  But it would be something that would be of marginal benefit when what we are adding would be approximately 40 square feet to this apartment that already exists and has already been used for a number of years.  It is not like we are proposing a new apartment that is undersized.

MR. COVELLI:  Well actually what I am thinking about would bring it significantly over the 750 but whatever. 

MR. CHAIRMAN:  Okay, any more questions for the architect at this point? 

MR. GREGOR:  Oh yeah, I’m sorry, I did forget one thing.  Mr. Jacobitti, the front of the building you show an area for signage for each of the stores, the storefronts.

MR. JACOBITTI:  Yes.

MR. GREGOR:  That signage is not dimensioned could you also dimension that and indicate what type of signage would be on there whether it be a painted sign, whether it be a raised -- you know -- give the Board some indication of what signage is proposed and the dimensions of it.

MR. JACOBITTI:  Fine.

MR. CHAIRMAN:  It says Bill carved signs.

MR. GREGOR:  Carved signs.

MR. JACOBITTI:  There is a note.

MR. LUDWIG:  Under the storefront on the right hand side. 

MR. CHAIRMAN:  First block, Bill.

MR. GREGOR:  I see it, I see it.  Okay I guess what we just need is the dimensions then. 

MR. CHAIRMAN:  Okay.

MR. GREGOR:  We want to make sure that it complies with our sign ordinance.

MR. CHAIRMAN:  Okay.  I think what we would like to do if we don’t have any more questions of the architect, is I think once we get back to the site that may impact some changes on building --

MR. LA SALA:  Sure, very possible.

MR. CHAIRMAN:  -- and we will have to deal with Mr. Jacobitti at a later date on the reconfiguration of the building as we go along.

MR. LA SALA:  Yes. 

MR. CHAIRMAN:  Okay?  Want to open it up to the public?

MR. FAASSE:  Well for questions and then -- you know -- if there is anyone from the public that has any questions for Mr. Jacobitti.

MR. CHAIRMAN:  All right.  If anyone in the public has any questions only of the architect on the testimony so far please step forward.  Okay, seeing and hearing none, we close the public portion.  All right, counsel let’s move on.  I assume we are going to the engineer at this point.

MR. LA SALA:  That’s correct.

MR. CHAIRMAN:  Okay.  Hello Mr. Gardner.  Okay, now you want to swear Mr. Gardner in?

MR. FAASSE:  Sure.  Raise your right hand Sir.

GERALD GARDNER SWORN:

MR. FAASSE:  Give us your full name and do you need the spelling of the last name, Gerri?

MS. MAROTTA:  Okay.

MR. GARDNER:  Gerald Gardner G-A-R-D-N-E-R.

MR. FAASSE:  And your business address Sir.

MR. GARDNER:  1141 Greenwood Lake Turnpike, Ringwood.  New Jersey License 25844. 

MR. FAASSE:  Licensed as what?

MR. GARDNER:  And it is in place, my fees are paid.

MR. FAASSE:  Your fees are paid and it is in good force and effect as of today but you are licensed as both an engineer and a land surveyor?

MR. GARDNER:  Only as an engineer

MR. FAASSE:  Only as an engineer.

MR. CHAIRMAN:  Okay. 

MR. FAASSE:  We won’t hold that against you, that’s a hard enough license to obtain.  You ready?

MR. CHAIRMAN:  Ready?

DIRECT-EXAMINATION OF MR. GARDNER BY MR. LA SALA

     Q    Mr. Gardner, given the extension comments that have been made by Mr. Gregor and the comments that have already been made during Mr. Jacobitti’s testimony, am I correct in saying that you had a fairly extensive conversation with Mr. Gregor today?

A    Yeah, we had a nice talk.

     Q    A nice talk, that is good to hear.  Could you tell us what comments you have now with regard to the application in reply to Mr. Gregor’s letter after completing that discussion?

A    Without even opening the drawings, there are a number of details, curbing, landscaping themes, sign sizes, we can address all of those and certainly satisfy the Board.  There are two issues with this site that we have to resolve or there is no real reason to go ahead.  The parking, we have tried 14 different layouts, you have seen three I think over the last couple of years.  The ordinance has a minimum and I don’t know if Mr. Gregor was successful in finding a reference that he and I were talking about today but the ordinance has a minimum size parking space which is on the drawing.  Good engineering may direct us to have a bigger parking space.  As I told Mr. Gregor this morning, 30 years ago this summer I had his job in this Board and I used to argue with everybody and I argued over many years; I am not arguing anymore.  So if Mr. Gregor suggests the spaces need to be 22 feet or a 4 foot no parking zone every two spaces, we are not going to argue with that.  The issue will come down to, we cannot create parking spaces where there is no property.

MR. GREGOR:  Thank you Mr. Gardner.

A    We still have to drive around on the spot, we still have to get in and out of our cars, we still have to access the building.  If I go to 22 foot spaces and put them at say 60 degrees as opposed to 45 degrees and reroute the parking travel ways a little bit, I can explain that in a couple of minutes, I can not generate more than probably 25 spaces on the site, maybe 27.  The addition that is proposed to the building, I think I am correct if I said there are enough parking spaces there today, even though there are not, would require an additional 7 spaces, I am creating an additional 10 because I am putting 10 new spaces behind the building that are not there today.  So even though the site is tight and we are using it all right to the very edges, we are going to create 10 more spaces that are there for an additional use that requires only 7.  Mr. Gregor pointed out something else to me today which I hadn’t really thought about but he is probably right, we are going to make a very nice building, we are going to make it attractive, it is going to be paved, it is going to be lit and it is going to attract more customers.  Maybe the traffic will be heavier for the existing stores than it has been in the past just because we are making renovations.  That is something that the Board is going to have to decide because I have clue what is really going to happen.  The second issue that is covered in the letter that we have to discuss tonight is the access through the Laurie Lane or whatever that right-of-way, easement or whatever it is on the side.  The primary use for that today is to access the ball field, the two houses on the side, and to have the garbage truck back down that every week or twice a week whatever the trash pick up is, it picks up the two houses by backing down and it picks up the trash from this building by backing down.  I have assumed all along that it has been doing it in the past, we will leave the trash in the same place and it will back up again.  Going along with the comments from Mr. Gregor that maybe the building will be more busily used if that is a term, maybe backing down the street is not okay unless it backs down at 4 in the morning and picks up the trash when there is nobody else in the parking lot.  So to resolve that I came up with a circulation plan today that will eliminate any access from the property to Ringwood Avenue.  There will be no more access from the property to Ringwood Avenue.  It will only be from Ringwood Avenue onto the property at the extreme left side, which I guess is the south side.  All circulation around the building and all exits will be through Laurie Lane.  That way the trash trucks can drive straight in around the back of the building and get to the trash that way.  The same for the trucks that park at the end.  I lose parking spaces to do that because I have to make a right hand turn behind the building.

MR. LUDWIG:  You are proposing not -- that the only entrance is going to be a circular motion around so to go to one of those stores you have to go around behind the buildings.

MR. GARDNER:  Absolutely.

MR. LUDWIG:  All the way around.

MR. GARDNER:  That is correct.

MR. LUDWIG:  Wow. 

MR. GARDNER:  That is the only way that I can get the trash trucks not to back down the street.  You can’t solve everything without giving something up. 

MR. LUDWIG:  And you think these stores will survive with that.

MR. GARDNER:  Well that is not accurate, that is not accurate as a matter of fact, you can get in by going down Laurie Lane, that is a two-way street.  Because you would go on Laurie Lane and make a left and go into the store, the same way you do today. 

MR. GRYGUS:  I would submit that the only way you can assure the trash truck isn’t going to back down Laurie Lane is to be there when he is trying to get the garbage with a shot gun and tell him no.

MR. GARDNER:  Exactly and that is, of course, that is my point.

MR. GRYGUS:  That is the only way that would ever happen.

MR. GARDNER:  Mr. Gregor and I both said we can show anything we want in the paper; they are going to back down Laurie Lane every time.

MR. GRYGUS:  Truck drivers are renowned to use the easy path.

MR. GARDNER:  And so is the loading zone.  The loading zone right now is the right size at the right spot but it is a one-way access.  You are going to have to back in, unload and pull out.  We can -- you know -- we can fix that.  I think, I’ve spoken with the applicant, and I think the bottom line here is if we can’t live with 25 parking spaces, we are wasting a lot of energy, a lot of money and a lot of time.  We just can’t fit anymore in this bag, if you all know what I am talking about.  And adding, putting the addition on the end of the building, it sounds -- you know -- it sounds difficult, we are making a tight space tighter, but it is not cost effective to do anything to the building unless they can generate some revenue so they can pay for the improvements and part of that is to add apartments and I think maybe they are going to add a pretty significant store that maybe they actually will own.  They have to generate the revenue to pay for the improvements to the building and if you can’t do that you are not just going to renovate the building to make it look better and improve Wanaque.  I mean that is nice, I wish I could do that but I don’t think that the applicant is in that position.  So I think the Board needs to think about it and I don’t know if I can get an answer because I know that that is not typically the way it works.  If we can’t live with 25 spaces and we can’t live with the addition; we are kind of wasting our time.  How is that? 

MR. CHAIRMAN:  Well I have a question for Mr. Gregor. 

MR. GRYGUS:  Are you asking to bifurcate, counselor?

MR. LA SALA:  Pardon?

MR. GRYGUS:  Are you asking to bifurcate?

MR. LA SALA:  That might not be a bad idea.

MR. KONING:  You have been itching for a bifurcation for months.

MR. GRYGUS:  Well we have been here for two years really.

MR. CHAIRMAN:  Exactly.

MR. GRYGUS:  Let’s get to the end.

MR. LA SALA:  However, this is only by second time. 

MR. CHAIRMAN:  Mr. Gregor?

MR. GREGOR:  Yes.

MR. CHAIRMAN:  In Item 8 of your letter, comment letter.

MR. GREGOR:  Hang on; let me catch up with you because I got a lot of paper out in front of me.  Item #8.  Yes.

MR. CHAIRMAN:  Item 8, you are saying that the minimum is 37 spaces required.

MR. GREGOR:  Based on the town ordinance.

MR. CHAIRMAN:  Okay.

MR. GRYGUS:  How many of those, can I just --

MR. CHAIRMAN:  How are you -- in other words we got -- here is the other problem here, we don’t know the use of the stores.

MR. GREGOR:  Correct.

MR. CHAIRMAN:  If a store puts in seating it changes the parking requirement. 

MR. GREGOR:  Well if, in fact, they are proposing a restaurant, which you are saying if there is seating --

MR. CHAIRMAN:  It is possible.

MR. GREGOR:  That has a different parking requirement then general commercial. 

MR. CHAIRMAN:  Right.

MR. GREGOR:  What is proposed before us here and what we have heard is general commercial. 

MR. CHAIRMAN:  Um-hum.

MR. GREGOR:  We are not showing and that is one of the reasons why we need to know what is going in the stores.

MR. CHAIRMAN:  Right.

MR. GREGOR:  The 37 is the minimum.  You put a restaurant in there the parking requirements are going to up.

MR. CHAIRMAN:  Right.

MR. GREGOR:  So, therefore, an additional variance would be needed and that would have to come before a Board and any Board would consider that before they approve such a change.

MR. CHAIRMAN:  Right.  Because that would impact the number one way or another.

MR. GREGOR:  Yeah.  Right now this is general commercial, which is based on a certain number per square foot, commercial.

MR. CHAIRMAN:  The other problem that we have had with commercial buildings is delivery vehicles.  Now you got the loading zone on this end. 

MR. GREGOR:  Yes and just to clarify the discussion Mr. Gardner and I had, is that I indicated to him that yes he has an adequately sized loading zone the only trouble is, and the truck can pull in there, but the only problem is if it pulls in it can’t pull out --

MR. CHAIRMAN:  How does it get out?

MR. GREGOR:  -- based on the circulation pattern.  And I also indicated and this is where I think Mr. Gardner was referring to my discussion about the success, I said when we are reviewing these plans we have to assume that by improving the site and the appearance e of the site that you are going to be a successful business person and the activity is going to increase.  Therefore, we have to make sure that anything you do will work.  That was my comment.

MR. CHAIRMAN:  Um-hum.

MR. GREGOR:  And that was -- that is where the comments came from on this garbage truck, for instance.

MR. CHAIRMAN:  Right.

MR. GREGOR:  And the loading zone. 

MR. LUDWIG:  I have a question as to the parking to the rear of the building.  Does the applicant propose to -- are those for the tenants upstairs, only?

MR. GARDNER:  Well actually they are labeled. 

MR. GREGOR:  They are actually labeled.

MR. LA SALA:  R’s are residential.

MR. GARDNER:  Some are labeled residents and some are labeled commercial R’s and C’s.

MR. LUDWIG:  But there are no -- but I can see that.

MR. GARDNER:  Okay.

MR. LUDWIG:  But there are no rear doors to any of these stores.

MR. GARDNER:  That is correct but you still have --

MR. LUDWIG:  And who is going to enforce that the employees have to park in the rear and walk all the way around this building, it is not going to happen.

MR. GARDNER:  Well when you go to the mall and all the stalls are filled in front of Nordstrom’s, you don’t go home.  You park in front of Macy’s and walk over to Nordstrom’s.  I assume the same thing would happen here.  If you need to go to a commercial --

MR. GRYGUS:  They’ll park at the Staropoli’s and then walk over? 

BOARD MEMBER:  Perfect, we are back at the ball field. 

MR. GRYGUS:  Bill what is the ordinance requirement for handicapped spots in a situation like this?

MR. GREGOR:  The handicapped spots are not governed by ordinances, they are governed by the New Jersey State Law Barrier Free Law and you will need one handicapped space for the first 50 parking spaces and you must have a least one van accessible handicapped space.  We don’t have a van accessible. 

MR. GRYGUS:  So having one handicapped space is okay?

MR. GREGOR:  That is sufficient for this site.

MR. GARDNER:  As long as it bigger than what is shown on the drawing because it is not van accessible. 

MR. GREGOR:  It has to be bigger than what is shown on the drawing.

MR. GRYGUS:  Van accessible. 

MR. GARDNER:  That is part of the reason I am using 25 as the number.  I have to make everything a little bit bigger.

MR. CHAIRMAN:  Okay. 

MR. LA SALA:  And one comment if I may to Mr. Ludwig’s question about the employees; obviously, if there is a fixed number of spaces in front of the store, I would think that it would be incumbent upon the owner of the store who wants to have adequate access to the property that he is going to have his employees park in the back and walk around the front because that is how he is going to maximize his business and that is a really simple thing for the owner to do, that is in his best interest and, therefore, is something that you would expect the owner to do. 

MR. HOFFMAN:  I mean it is just that you have seven proposed stores, two employees per store and they are not going to be open all the time. 

MR. LA SALA:  Um-hum.

MR. HOFFMAN:  That is a lot of spots.

MR. LA SALA:  Right.

MR. HOFFMAN:  Just for employees.

MR. LA SALA:  Well one of the things that we discussed briefly the last time and that the applicant decided to discuss in more detail is that there is an existing and there is as plan a circulation of store hours by the creation of the bagel shop and the pizza shop operating at different times of day.

MR. HOFFMAN:  They are both open at 12 o’clock -- you know -- so.  They are four employees; they have six employees there. 

MR. GRYGUS:  Yeah but if you got the bagel shop going and a deli moves in, now you got a bagel shop and deli and pizzeria. 

MR. LUDWIG:  And the pizza shop also.

MR. GRYGUS:  You know the bagel shop and the deli are going to fighting in the breakfast crowd and they are also going to be fighting the lunch and the early dinner crowd. 

MR. LA SALA:  I don’t mean to interrupt but every one of those new uses has to come here.

MR. FAASSE:  No.

MR. CHAIRMAN:  No.

MR. LA SALA:  They don’t have to go before any Board?

MR. FAASSE:  The Planning Board.

MR. CHAIRMAN:  The Planning Board. 

MR. LA SALA:  But the same issue is going to come up.  They are going to say, is there enough parking, don’t bring a pizzeria in. 

MR. LUDWIG:  But even the one use that you just mentioned, those people almost have to park in the front, the pizza parlor.  Thank God it is not a sit down type of situation.

MR. CHAIRMAN:  Right.

MR. LUDWIG:  But those employees are all in the front because it is almost totally delivery that business from what I have seen. 

MR. FAASSE:  We should just make it clearer, I think Mr. La Sala your expert the planner last month testified that her calculations were too that 37 spaces would be required; at least that is what my notes show. 

MS. THORNTON:  Based on the 1 for 180 square foot requirement.  If you look at the ordinance, that was based on the 1 for 180 square foot requirement that has shown in the site plan.  A closer look at your ordinance suggests that that may not actually apply in every single case.  When I looked at the ordinance on parking, the 1 per 180 actually applies to furniture stores and supermarkets; there are other requirements for different types of uses.  So we may actually have a lesser requirement if we calculate out for each use.

MR. GREGOR:  But you don’t know what the use is going to be. 

MS. THORNTON:  We have not shown that analysis.

MR. GREGOR:  If you want to fine tune it, right now you got it as general commercial.

MR. CHAIRMAN:  Right, right.

MR. GREGOR:  If you want to fine-tune it, you got to present the calculations to us, it may come out less; it may come out more.

MS. THORNTON: You are right, you are right, it could go either way, we haven’t done that analysis.

MR. GRYGUS:  It could go to 40.

MR. FAASSE:  Well I mean I was just reviewing my notes.

MR. CHAIRMAN:  Anything is possible.

MR. GRYGUS:  Exactly.

MR. FAASSE:  The young lady said 37 last month.

MR. CHAIRMAN:  Okay.

MR. FAASSE:  Or the last time they were here.

MR. GARDNER:  Based upon the 180 standard.

MS. THORNTON:  Based on the 180 that is in the site plan. 

MR. CHAIRMAN:  Mr. Gardner remember you work for them.

MR. GREGOR:  He has a license to protect as well.

MR. GRYGUS:  At least he is close enough to walk home. 

MR. FAASSE:  So Mr. Gardner you are suggesting to the Board that the maximum you are going to be able to provide is 25 spaces. 

MR. LA SALA:  25 to 27 I think that is what he said.

MR. FAASSE:  Okay.

MR. LA SALA:  And that is, again, taking into the account the fact that Mr. Gregor has made clear his preference and I gather the Board’s preference and despite the fact that the town ordinance provides for a 10 by 20 space that they really want a 10 by 22 and --

MR. CHAIRMAN:  No, I don’t think that is what he said.

MR. GREGOR:  Would you say that again I missed that?

MR. GARDNER:  I think that is in the letter.

MR. CHAIRMAN:  Right, but a 10 by 20 is because of the angle space that will require more depth right?

MR. GREGOR:  No, no, no, he was talking about the parallel parking.

MR. LA SALA:  No we are talking about the parallel parking in the back.

MR. GREGOR:  The parking. 

MR. CHAIRMAN:  The parking in the back, okay.

MR. LA SALA:  The parking in the back is 10 by 20 and he wants it to be --

MR. CHAIRMAN:  But the other question which we didn’t get to --

MR. GREGOR:  Let me address that 10 by 20 if I may at this point in time.

MR. CHAIRMAN:  Okay.

MR. GREGOR:  Mr. Gardner, as he indicated had once served in the capacity, I believe, as the Borough Engineer and I think he remembers the ordinance, the same ordinance that I remember where parallel spaces were 12 feet wide by 22 feet in length.

MR. CHAIRMAN:  Um-hum.

MR. GREGOR:  He has asked me to find that in the ordinances, I didn’t have a chance to look for that, it may or may not be in there.

MR. CHAIRMAN:  Right.

MR. GREGOR:  But the fact of life is and both Mr. Gardner and I know this as design engineers, is that you need to 22 foot in length in order to get in and out of a parallel parking space with today’s vehicles.

MR. CHAIRMAN:  Right.

MR. GREGOR:  What I recommend is rather than the 22 foot in length put two parking spaces 20 foot each in length with a four foot gap between each two parking spaces that functions the same manner.

MR. CHAIRMAN:  It allows them to get out.

MR. GREGOR:  And cars can get in and out.

MR. GARDNER:  Well also you may end up with people parking not exactly in the spaces and squeeze another car or two in there on occasions. 

MR. GREGOR:  Right, so the point is no matter what you design, it has to work and you need the equivalent of 22 feet for a parallel parking space.

MR. GARDNER:  And we don’t have any more land.  This is the space so -- you know -- for us to keep going back and forth and say we hope we get 35 in -- you know -- we are not.

MR. GREGOR:  Even if an ordinance permitted, I wouldn’t recommend that the Board grant that change.

MR. GARDNER:  Exactly, right.

MR. GREGOR:  Because you want people to get in and out. 

MR. GRYGUS:  What parking spaces would you give up for the snow plow in the winter?

MR. GARDNER:  Well you are going to give parking spaces with you go around the back of the stores and come across immediately two parallel parking spaces on the south rear corner, they are going to go away or no one is going to go around the corner if they have anything other than a small car.  So I am going to lose two spaces there.

MR. GRYGUS:  Okay.

MR. GARDNER:  During snow removal as with any parking you are going to lose some spaces.  I mean in the A&P, the Stop and Shop, we all lose spaces during heavy snow removal.

MR. HOFFMAN:  Right, you can’t put it out in the street.

MR. GARDNER:  Exactly, they are going to lose spaces there is no doubt it if we have a big snow removal.  You are going to lose spaces in the street; you are going to lose spaces in the parking. 

MR. GRYGUS:  Not only that, on the north side of the building, you have to clear off between, in the loading zone area from the building out to the street line plus whatever the town plows up against the street line to be able to access you that. 

MR. GARDNER:  Right and I don’t know who maintains that -- who maintains that right-of-way, I don’t know. 

MR. LUDWIG:  Plus the fact that you got that sidewalk right --

MR. GARDNER:  Well the sidewalk has been there forever. 

MR. LUDWIG:  I understand that but when the county comes down there -- I have been in the plowing business -- you know.

MR. GARDNER:  Oh, I know.

MR. GRYGUS:  They slow down to pick up an extra five feet of road.

MR. LUDWIG:  And if you are going to have all of the roads -- you can’t plow on to them --

MR. GARDNER:  But they can plow onto you.

MR. LUDWIG:  They can plow onto you.

MR. GARDNER:  I know that. 

MR. CHAIRMAN:  Okay.

MR. GARDNER:  One of the things right now the way that the lot is currently used, there are people -- everybody parks parallel at the sidewalk side. 

MR. LUDWIG:  Both.

MR. GARDNER:  Yeah both and that is going to be switched so that there is only the angle parking to the building so it may make it a little more difficult if the county is plowed onto that portion of the parking lot but you are still going to be able to get in and out of those angled spaces in the front.

MR. GRYGUS:  Well you pretty much have to take all of the snow from the Ringwood Avenue curb to the building and on both north and south end of the building and across the entire back of the building into the south east corner of the property because there is no place else that you will be able to pile it up without blocking that storefronts or anything else.  You got to -- it snows you got to get in there with flame throwers to clean the snow up, that is not what is going to happen.

MR. LA SALA:  As indicated by the planner’s testimony the last time, the option that the applicant proposes is that we would have to take it off site.  We recognize that it is a difficult situation and -- you know -- plowing --

MR. GRYGUS:  What site are you going to take it off to?

MR. LA SALA:  Um?

MR. GRYGUS:  Where are you going to take it off to?  Where are you going to take it to?   Because if that is going to happen, then that should be part of this whole process as to where it is going to go. 

MR. CHAIRMAN:  Okay, we are going to take a five minute recess gentlemen.  All right, a five-minute recess.

FIVE-MINUTE RECESS

MR. CHAIRMAN:  Are we back on?

MS. MAROTTA:  We are back on.

MR. CHAIRMAN:  Let the minutes reflect that everyone is present that was here before the break.  Go ahead counselor.

MR. FAASSE:  Okay yes.  Mr. Acquaviva is here on the Staropoli application.  Mr. Acquaviva based on the time constraints of the evening, it is now 20 to 10, as you know we try to stop the business portion at -- well the application portion by 10:30 so we have another 40 minutes.  Mr. Walker, who is ahead of you on the Elwood Application he indicates that he will be a good 45 minutes so it would be highly unlikely that we will reach your application tonight.  So rather than keep you here another 40 minutes and then give you the bad news we are willing to say to you would you like to go home tonight and come back on December the 5th?

MR. ACQUAVIVA:  Absolutely. 

MR. FAASSE:  And you do grant us whatever extension we need?

MR. ACQUAVIVA:  Yes, I waive all time extensions, yes. 

MR. FAASSE:  Just one other thing, you do have Mr. Gregor’s letter?

MR. ACQUAVIVA:  I do now, yes.

MR. FAASSE:  Yes.  So would you circulate that with your engineers?

MR. ACQUAVIVA:  We will.  We will be prepared to address that on the 5th.

MR. FAASSE:  Okay, all right, the question is will somebody move to --

MR. CHAIRMAN:  Okay, we need a motion to carry.

MR. GRYGUS:  I’ll make a motion to carry it to the December 5th meeting.

MR. COVELLI:  Second. 

MR. FAASSE:  Okay.

MR. CHAIRMAN:  Okay, roll call on that Gerri.

MOTION TO CARRY APPLICATION #07-07 TO DECEMBER 5TH:

Made by Member Grygus, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MR. CHAIRMAN:  Okay. 

MR. FAASSE:  All right, now back on the --

MR. CHAIRMAN:  Now we are back to the Santoro application. 

MR. FAASSE:  Okay, on the Santoro application.  Mr. La Sala, I mean we just heard a very eloquent speech by Mr. Gardner with respect to the constraints of this site and more particularly as to the parking that the maximum he could design in accordance with the ordinances would be 27 spaces.  Now it is highly unusual because the Board of Adjustment usually waits until we have all our of evidence in before we make any decisions but if the applicant so desires I would be willing to, with your consent, informally poll the Board as to whether or not this particular application would have a chance of passing with only 27 parking spaces. 

MR. LA SALA:  Yes, I would consent to that procedure.

MR. FAASSE:  All right, I mean because of the fact that there is no sense in spending more engineering having you come back another night with all your experts and everything else.

MR. LA SALA:  Exactly.

MR. FAASSE:  And spending a lot of the applicant’s money if that is going to be an insurmountable situation.  So with your consent then, it would just be an informal poll.

MR. LA SALA:  Yes.

MR. FAASSE:  You will hear the informal poll or the results of the informal poll then I would suggest that if the informal poll is that it will not pass with the 27 then we just carry it so that you, your clients could then reflect --

MR. LA SALA:  Exactly.

MR. FAASSE:  -- over the -- you know -- adjournment period.  Because if you wish to continue with your engineering and present your full case and then get a decision at that time, of course, you have that right. 

MR. LA SALA:  And I would also welcome informally any comments that any individual members may have so that we can take them into account as we meet between now and December 5th as well. 

MR. FAASSE:  All right.  Well I mean it is a situation in which you are asking for the -- the maximum would be 27, right Mr. Gardner, based on the five apartments upstairs and the expansions to the retail facility on the first floor.

MR. GARDNER:  Yes.

MR. FAASSE:  All right. 

MR. CHAIRMAN:  Um-hum, okay. 

MR. FAASSE:  Like I said Mr. Chairman I think that is a rather unusual procedure but I think in fairness to everyone --

MR. CHAIRMAN:  As long as we are safe doing it from both sides.

MR. LA SALA:  It is perfectly fine for me I have no problem laying it on the record that --

MR. CHAIRMAN:  I think counsels are in agreement.

MR. LA SALA:  We are in agreement, it is simply an informal polling. 

MR. CHAIRMAN:  Okay.  All right do the roll call.

MR. FAASSE:  Oh well --

MR. COVELLI:  You got to frame the question. 

MR. CHAIRMAN:  Let’s explain to the members, okay, I’m sorry. 

MR. COVELLI:  This is like one of those polls depending on how you frame the question, depends on the answer you get.

MR. FAASSE:  Well -- you know -- Mr. Covelli you are so good at framing the question.

MR. COVELLI:  No, I am not framing it, I would like Mr. La Sala to frame the question.

MR. FAASSE:  The question would be, they have five apartments upstairs, increase in retail spaces, we have all seen the plans, we know the architecturals and everything else.  Does this particular application --- would it result in your voting favorable for it if, as testified by Mr. Gardner, the maximum number of on site parking would be 27? 

MR. LA SALA:  I would like a couple of clarifications on that because of the discussions that the two engineers had.  Assume in this case that we are able to satisfy Mr. Gregor’s concerns for the traffic pattern.  We understand that we would not be able to control the garbage truck backing down Laurie Street for the houses because they would do it anyway but at least with regard to the subject property, for example, we can address the access of the garbage truck and, therefore, also the loading trucks so that they can operate on the property without having to back onto Laurie Street.  So make that assumption in the first place.  And, again, I would also welcome comments from the Board if -- you know -- obviously, it is clear that the applicant, although the Board doesn’t look at the financial aspect of the application, the applicant must, if there is a tendency of any member or of the Board in general to think that a reduced but not eliminated addition to the property might be something that would be more --

MR. GREGOR:  Palatable.

MR. LA SALA: -- palatable, perfect word, I would appreciate that informal comment as well.

MR. FAASSE:  In comments but I don’t think that is what the Board is voting on today.

MR. LA SALA:  I understand that it is not.

MR. FAASSE:  I think that would be something that you and your clients would have to consider --

MR. LA SALA:  Absolutely.

MR. FAASSE:  -- in the adjourning period --

MR. LA SALA:  Absolutely.

MR. FAASSE:  -- as to whether or not you can --

MR. COVELLI:  It is one thing for us to take an informal code, to start giving comments is another. 

MR. CHAIRMAN:  I think we are going to do a straw yes or no poll. 

MR. LA SALA:  That is okay; I’ll take the yes or no.

MR. FAASSE:  And it is based on what is before us, the five apartments up, the retail down.  Maximum 27 parking spaces, assuming that we can handle the -- you know -- the garbage trucks and the storage.

MR. CHAIRMAN:  Right, based on the Mr. Gardner’s description of the problems on the site.

MR. LA SALA:  Exactly, exactly yes.

MR. FAASSE:  I think that we have to limit it to that.

MR. LA SALA:  That’s fine.

MR. FAASSE:  And you have to decide where you are going to go from there.

MR. CHAIRMAN:  Um-hum.

MR. LA SALA:  That’s fine.

MR. GRYGUS:  Can I just ask Mr. Gardner one clarification for the Board’s edification? 

MR. GREGOR:  Go ahead Co-Counselor.

MR. GRYGUS:  I just want to make sure that - Mr. Gardner this is under the assumption that there will be no vehicles backing out into a public or easement?

MR. GARDNER:  Yeah, I told you the best way to do it is to put drop curb across the whole building and have everyone pull straight in and just go as they please. 

MR. GRYGUS:  just wanted to ask that because that is a safety issue.

MR. GARDNER:  Absolutely, that is a given.

MR. GRYGUS:  I’m done. 

MR. FAASSE:  Okay.

MR. CHAIRMAN:  Okay. 

MR. HOFFMAN:  Wait, wait hold on a second. 

MR. GRYGUS:  I just want a clarification, if we said yes in the straw poll that means yes we see it as a viable option to continue with 27 spaces?

MR. LA SALA:  Yes.

MR. FAASSE:  Correct. 

MR. CHAIRMAN:  Correct.

MR. HOFFMAN:  Based on the flow diagram here.

MR. FAASSE:  No.

MR. CHAIRMAN:  Forget that flow diagram.  We are talking about the number of parking spaces.  Whatever Mr. Gardner changes to get it left to right or right to left, front to back, it doesn’t matter.  We are talking about the basic number of parking spaces. 

MR. GARDNER:  To make it easier for everybody.  I understand that you may deny the application for some other reason.  I just don’t want it to end up, there is no guarantee, but I don’t want it -- you know -- at the end, oh we all voted no because there is only 27 spaces.

MR. GREGOR:  Right.

MR. FAASSE:  Correct.

MR. GRYGUS:  Because that you can’t change. 

MR. GARDNER:  I mean you may vote no because the building is blue and you wanted green but that is not relevant. 

MR. CHAIRMAN:  Very good.  Okay, is everybody on board?

MR. HOFFMAN:  They are needed 37.  We said he should have 37.

MR. CHAIRMAN:  The way the building is set right now, the general retail 37 is the number.

MR. FAASSE:  Right, with the proposal.

MR. GRYGUS:  With the additional apartments. 

MR. COVELLI:  And retail space.

MR. FAASSE:  By the way the building is set. 

MR. CHAIRMAN:  Now with the proposal right now --

MR. FAASSE:  The way the application is currently framed we need 37.

MR. HOFFMAN:  I just wanted to make sure that we are saying 37 and they are proposing 27, okay. 

MR. FAASSE:  The maximum.

MR. GRYGUS:  Counselor could you tell we are not use to doing something like this.

MR. LA SALA:  I can tell.

MR. FAASSE:  All right so we agree as to how it is, right?

MR. CHAIRMAN:  Um-hum.

MR. COVELLI:  Yes, we are strictly making an informal poll based --

MR. FAASSE:  Advisement.

MR. COVELLI:  -- upon the information presented with respect to the addition both on the first and second floor, a total number of 27 parking spaces and you are saying yeah or nay based on that set of facts.

MR. FAASSE:  Right. 

MR. LA SALA:  Assuming that the access is not going to be an issue.

MR. COVELLI:  Right.  Access is not an issue and flow at this point is not an issue. 

MR. LA SALA:  Right, that is what I mean, access and flow not an issue.

MR. CHAIRMAN:  It is strictly the number of spaces.

MR. COVELLI:  Does everybody understand?

MR. FAASSE:  All right, so now what is going to be the affirmative vote?  That would be an impediment? 

MR. GRYGUS:  It would be that you would accept it as 27 spaces.

MR. CHAIRMAN:  Right.

MR. FAASSE:  Okay.

MR. GRYGUS:  Correct?

MR. CHAIRMAN:  Correct?

MR. FAASSE:  Right.

MR. CHAIRMAN:  Yes you accept it, no you don’t accept it. 

MR. FAASSE:  Right.

MR. GRYGUS:  Correct?

MR. LA SALA:  That’s fine.

MR. CHAIRMAN:  That is very simple. 

MR. LA SALA:  As long as we are all on the same page. 

MR. CHAIRMAN:  Okay. 

MR. GRYGUS:  Try it again Gerri. 

STRAW VOTE TO ACCEPT THE 27 PARKING SPACES PROPOSED:

Voting no were Chairman Dunning, Members:  Grygus, Covelli, Hoffman, Ludwig, Leonard, Willse.

MR. CHAIRMAN:  That’s seven, right?

MR. FAASSE:  That’s it.

MR. CHAIRMAN:  That’s it, seven.

MR. FAASSE:  Okay, so you got your informal polling. 

MR. LA SALA:  Okay, thanks a lot. 

MR. FAASSE:  Well we will adjourn this to December.

MR. LA SALA:  To December 5th and we’ll let you know.

MR. CHAIRMAN:  We’ll carry it.  We got time on this Ralph?

MR. LA SALA:  Yeah, you have time. 

MR. FAASSE:  Yeah.

MR. LA SALA:  I believe I extended it 90 days. 

MR. CHAIRMAN:  Okay. 

MR. GRYGUS:  I’ll make a motion to carry the application to the December 5th meeting.

MR. LUDWIG:  I’ll second.

MR. CHAIRMAN:  Okay that was Bruce and Don.  Okay, roll call.

MOTION TO CARRY APPLICATION #23-06 TO DECEMBER 5TH:

Made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MR. CHAIRMAN:  Okay, now let’s see. 

MR. FAASSE:  Mr. Walker, come up and have a seat.  All right, just for the record, this is on the Elwood Application we have Mr. Walker who is the attorney for the applicant here tonight again and he has a couple of witnesses.

MR. WALKER:  Good evening, once again Michael Walker. 

MR. CHAIRMAN:  One second.

MR. FAASSE:  Well just before you proceed, we got to go through this list here.  Since the last time, we have the November 6th letter from Mr. Gregor.

MR. CHAIRMAN:  Right.

MR. FAASSE:  We also have a letter with some documents from a Donna Peterson which you should have received copies of, she cc’d you and we have revised plans I do believe, is that correct, 10/23/07?

MR. WALKER:  That is correct.

MR. FAASSE:  From Mr. Miceli and is that all that we have changed, I think so.

MR. WALKER:  That is correct.

MR. FAASSE:  Right, okay.  So everybody is on the same page, when the Chairman is ready.

MR. CHAIRMAN:  10/23/07

MR. FAASSE:  All right, Mr. Chairman.

MR. CHAIRMAN:  Okay, thank you.  Just let the minutes reflect that Member Covelli left.

MS. MAROTTA:  I have that down. 

MR. CHAIRMAN:  Okay.

MR. FAASSE:  He is recusing himself, I guess.

MR. CHAIRMAN:  He is recusing himself and he doesn’t feel well. 

MR. FAASSE:  Oh, that is a better reason.

MR. CHAIRMAN:  So it is a double dip.

MR. FAASSE:  Can I recuse myself because I am not feeling well?

MR. CHAIRMAN:  No, it is not allowed on your end.

MR. FAASSE:  Oh, okay.

MR. GRYGUS:  That is the difference between being a volunteer.

MR. FAASSE:  And a high price professional.

MR. CHAIRMAN:  A high priced attorney, can’t leave.  Okay.

MR. FAASSE:  Okay.

MR. CHAIRMAN:  Let me just find Bill’s report.

MR. FAASSE:  We have two other alternates so we don’t have any problem here.

MR. CHAIRMAN:  Okay we are good, okay.

MR. FAASSE:  And everybody is qualified right, everybody was here last month.

MR. GRYGUS:  Correct.

MR. FAASSE:  Yeah, so everybody is qualified. 

MR. CHAIRMAN:  Okay. 

MR. FAASSE:  You have a full seven vote. 

MR. WALKER:  So how many members do have deciding then Mr. Faasse?

MR. FAASSE:  Well we would have the full seven.

MR. WALKER:  You have a full seven, okay. 

MR. FAASSE:  Right, we have eight present I think right?

MR. CHAIRMAN:  We have eight, we still have eight here. 

MR. FAASSE:  But we got seven that can vote.

MR. WALKER:  Okay.

MR. FAASSE:  Unfortunately we have to fall on one of the alternates; the Chairman decides later. 

MR. WALKER:  Okay. 

MR. CHAIRMAN:  Now you can proceed.

MR. WALKER:  On behalf of the applicant I would like to make reference to the fact that a revised set of plans have been submitted as indicated by Mr. Faasse they are dated October 23, 2007 and I submitted them to include that as part of our application.  As a recommendation of the Board there are certain changes to the plan and, again, I am well aware of the fact that Mr. Gregor has issued a report and as we go on I will address that during the course of the presentation.  But I would like to point out to you some of the changes to the plan.  Previously it was a concern of the Board that the footprint and certainly Mr. Gregor also that the footprint was not actually shown, the footprint for the construction itself.  Now, making reference to the document before I proceed further, if I can Mr. Faasse, I would like to have sworn in this evening, Jerry Dean, he is the contract purchaser and also the person who will be actually constructing the columns on the side if the application is approved. 

MR. FAASSE:  Mr. Chairman, okay?

MR. CHAIRMAN:  Yeah.

MR. FAASSE:  Please rise Sir.  Raise your right hand.

JERRY DEAN SWORN

MR. FAASSE:  Dean, I assume is D-E-A-N.

MR. DEAN:  Right.

MR. FAASSE:  And give us a business address if you want to or your home address whichever.

MR. DEAN:  86 Mallinson Street.

MS. MAROTTA:  I am sorry, would you say that --

MR. DEAN:  Mallinson Street M-A-L-L-I-N-S-O-N --

MR. FAASSE:  Street.

MR. DEAN:  -- Street in Allendale. 

MS. MAROTTA:  And what was your first name?

MR. DEAN:  Jerry. 

MR. FAASSE:  With a G or a J?

MR. DEAN:  J.

MS. MAROTTA:  J, okay, thank you.

MR. FAASSE:  It is done both ways. 

DIRECT EXAMINATION OF MR. DEAN BY MR. WALKER

     Q    Now Mr. Dean I am going to make reference to the plans.  You have seen these plans, is that correct?

A    Yes.

     Q    All right.  And in fact you sat down with John Miceli who actually prepared the plans, is that correct?

A    Yes, yes.

     Q    Now I am going to direct your attention to the two proposed lots.  The proposed lot #16 is that the footprint of the construction that you are looking to have built on the site?

A    What we did here is made the footprint to a basic house, like a 2,200 square foot house.  You could build a bi-level on that, you could build a small ranch house on that.  It is not the exact house, just like the plans you have there.  They just wanted to see what type of house we would build, at two-story colonial or a high ranch that type of house.  There are certain houses that just won’t fit on these the way they are now so you just got to get a print that will fit in that building envelope.  That is the reason for the building envelope just to make it -- you know -- whatever configuration you are going to build will fit inside those -- we are not going to go out and buy sets of plans and then -- you know -- and then not want to build that particular house.  But they have to fit inside that envelope, these two building envelopes.

MR. FAASSE:  So what is shown on the plans is the maximum building footprint.

A    Right, right. 

Q    It may actually be less than that, is that correct?

A    Yeah, it could be less, yeah.  It more than likely will be less but -- you know.

MR. FAASSE:  It would have knocks out or something.

A    Because if it gets thinner it has to be deeper. 

     Q    But it certainly would not extend beyond the envelope indicated on these sites.

A    No, no.

     Q    You are looking, again, just to confirm what you have indicated previously that is a two-story dwelling that you are looking to build?

A    Yes.

     Q    And what would be the maximum square footage of the buildings?

A    Probably 2,400 square feet.

     Q    Now, the drawings indicate that there will be a two-car garage underneath the dwelling?

A    On the -- yes both of them would have it underneath but on grade -- road level.

     Q    And on Lot #16 that would be, as we look at the plans, to the left of the building, correct?

A    Right.

     Q    And also a revision to these plans shows that the driveway access will be from Maple Avenue?

A    Right.

     Q    And also, I would like to indicate to the Board, at their request, we have indicated where the proposed driveway would be located.  Now I make reference to Lot #15 and the proposed driveway would actually egress and ingress onto Locust Street, correct?

A    Right.

     Q    And once again that is going to be located underneath the structure.

A    Right.

     Q    Now what do you plan as far as a basement is concerned?

A    The basements would be -- would have to -- it would be more than likely road level because the lots do come up about four or five feet, especially the one by Locust.  So it would basically be -- you would have to dig out the one on Locust, put the house there and then move some of the fill to the lot to the left of it.  You really wouldn’t be digging in the ground, you would be basically almost road level. 

MR. GREGOR:  So they would be basements or slab on grade?

MR. DEAN:  At this point, it would be a basement but what they will do is when you dig into the ground four or five feet, the house won’t look like it is out of the ground because the grade will come up to the front door.  Not the front door but about four feet from the front door, half way up. 

MR. GREGOR:  And that is not going to be your first floor living area though, right?

MR. DEAN:  No, no, no.

MR. GREGOR:  Okay.

MR. DEAN:  You are right, the first floor will be -- you know -- you will be basically road level and then you would go up to your first floor.  That would be like eight feet. 

MR. GREGOR:  So you would have two -- so you are proposing two-stories and a basement.

MR. DEAN:  Right.

MR. HOFFMAN:  What is the height of the structure that you are looking at?

MR. DEAN:  They usually run about 32 to 33 feet. 

MR. LUDWIG:  From the first floor elevation or from the garage floor elevation?

MR. DEAN:  Well that is something the building inspector has to answer because I don’t know where you guys measure from.  Some towns measure from the curb, some towns measure from the corner of the property. 

MR. LUDWIG:  Medium grade I think it is, right Bill?

MR. GREGOR:  Um-hum. 

MR. LUDWIG:  Medium grade.

MR. DEAN:  I’m sorry?

MR. LUDWIG:  Medium grade.  The average grade. 

MR. DEAN:  Right.

BY MR. WALKER:

Q    The lot is relatively flat, is that correct?

A    The one lot is very flat and the other one goes up around four feet, it just kind of goes up or maybe even five feet.

Q    So your testimony is that it will not exceed 32 feet?

A    No, no, no.  Well 35 is the maximum.

Q    35 feet.

A    Yeah, it won’t exceed that. 

Q    From medium grade then correct?

A    Right. 

     Q    Have you had the opportunity at all to take a look at the site and take a look at the soil on the site for excavation purposes? 

A    We did test holes and it was amazing the one lot on Maple is all sand and the one next to it is all rock.  It is just like someone drew a line down and made one sand and one rock. 

MR. LUDWIG:  Welcome to Wanaque.

A    Yeah and the rock is all -- you don’t have to blast it, we have dug it with a machine, with jackhammer, and it just kind of falls apart.  It is very loose rock, it just -- you can even see on the surface where it is all braking up already.  So there is no blasting or anything like that involved with that lot. 

     Q    Mr. Dean, perhaps we should have done this previously, but can you give the Board some benefit of your experience as a builder?

A    I have been doing it for 40 years.  I have built in Bergen County, Franklin Lakes, Saddle Brook, up in Morris County in Long Valley, Randolph that area there.  I have done basically I have been building houses, I have done plumbing, done electrical all of the as far as the phases of the work.  We don’t do it anymore; we don’t do the electric ourselves or plumbing, we have contractors who do that stuff.  Basically, I have been building houses for 40 years.

     Q    Now you have been in and around the area, is that correct?

A    Yes.

     Q    The structures or the size of the structures that you are looking to build here are they similar to what is in the neighborhood? 

A    Not really because they just look a little different than those houses there, they are narrower.  These are usually, give or take, 40 feet wide, 20 to 30 feet deep.  It depends on the -- you know -- it depends on the plans you use.  But they are wider than the houses that are there because those houses are really narrow.

     Q    So it is your testimony that the approximate size living space would be about 2,200 square feet.

A    Right.

     Q    Would you describe that as a small home, big home, medium size home?

A    Today it is on the small size but it is not really small home at 2,200 square feet. 

     Q    Is the relatively consistent with some of the homes in the area?

A    I would think so, yeah.  There are a couple of capes there, a couple of bi-levels down the block, that type.

     Q    Now you have some plans here for the Board which I am going to give the Board in a second but before we do that I want to make clear this is a structure, a similar structure, at least of the type of building that you have constructed in the past on other sites.

A    Right.

     Q    And this is something not identical to what you put here but for the purposes of the Board it would give them some idea of the type of building, is that correct?

A    Yeah.

MR. WALKER:  Mr. Faasse can I just have these for the Board?

MR. FAASSE:  Are they many copies of one plan? 

MR. DEAN:  No, multiple. 

MR. FAASSE:  Well these are just I think for illustrative purposes. 

MR. CHAIRMAN:  They are the same but a few are different.

MR. DEAN:  No, no, they are all the same ones. 

MR. FAASSE:  They are just illustrative purposes. 

MR. WALKER:  For purposes of ease also, the photographs. 

MR. FAASSE:  We are going to have to clarify what these plans are too.  Is it one photo?

MR. LUDWIG:  One photo.

MR. WALKER:  One photo. 

MR. LUDWIG:  With the plan, one plan. 

MR. FAASSE:  Well we got the plan identified already.  Yeah I mean the one with the application.  We could mark that A-1 I guess, right, and date it.

MR. CHAIRMAN:  The plan A-1 or the picture A-1?

MR. FAASSE:  No, do the picture A-1 and then the plans are two sheets will be A-2, two sheets?

MR. CHAIRMAN:  Three sheets.

MR. FAASSE:  Three sheets.

MR. CHAIRMAN:  Oh wait a minute, two sheets.

MR. FAASSE:  Two sheets.

MR. CHAIRMAN:  Mark one A-1 and A-3. 

MR. FAASSE:  Together they will be A-2 and date them.  All right.  Now A-1 you are describing as what Mr. Walker?

MR. WALKER:  That is -- actually if I can question the witness who would be in a better position to describe what that represents.

MR. FAASSE:  Yes, okay, absolutely.

MR. WALKER:  Mr. Dean, passed to the Board, you don’t have the photograph in front of you but you have taken that photograph, correct?

MR. DEAN:  Yes, right.

MR. WALKER:  You know what it depicts.  Can you explain to the Board what they represent?

MR. DEAN:  It seemed like the Board wanted to see what type of house we would put there and I felt the photograph is -- you know -- pretty easy to understand.

MR. HOFFMAN:  And the approximate size of that home is?

MR. DEAN:  That one there is a touch bigger than that, that wouldn’t be the house we would have to squeeze it down.  That is 40 by 40 that house there, just like on the plan. 

MR. HOFFMAN:  So a touch would be --

MR. DEAN:  Actually it is 38 by 40.

MR. HOFFMAN:  All right but square footage wise a touch is how much, 2,200 - 2,400?

MR. DEAN:  That one there is 2,600 square feet I think.

MR. HOFFMAN:  Thank you.

MR. WALKER:  Mr. Dean also if you can by making reference to A-2 the plans that are in front of you.  Can you explain what those plans represent?

MR. DEAN:  Well this is just the type of house an idea of what we would build there.  That is the type of house we would build something on that -- you know -- we would try to make it look nice for the neighborhood.  We want to improve the area.  Of course, you want to sell the house too.

MR. FAASSE:  I am no expert on that but I mean it sounds like it -- these plans are showing a house that is different from what you just testified to. 

MR. DEAN:  I’m sorry.

MR. FAASSE:  It is different from what you testified to.  You said the first floor is going to be 8 foot up. 

MR. DEAN:  Well in this case yeah, this house actually when we built this house, that house there, it doesn’t have a basement because it was in a flood plain.

MR. FAASSE:  Okay.

MR. DEAN:  But we have them.  Well what happens when you grade it off the grade come up to the first, almost the first floor.  You will have like 3 - 4 steps.  You will walk up -- the grade will be -- if you see the lot the grade is --

MR. CHAIRMAN:  This has got a basement.

MR. FAASSE:  Yeah well that is what I am saying; this is a different house then what he described earlier in his testimony.

MR. CHAIRMAN:  Right.

MR. WALKER:  It is Mr. Faasse.  What he is doing is presenting to the Board an idea of what type of house we may build.  All right.  That house that you are looking at in the photograph in A-1 is actually larger than what he is proposing for this site.  But it just an idea of a building that he has put up in the past just to give the Board an idea of what he is looking to do.

MR. FAASSE:  So they are for illustrative purposes and not to contradict what he had testified to earlier. 

MR. WALKER:  That is correct. 

MR. FAASSE:  All right.

MR. DEAN:  Well this house, this house here you could simply take this house, raise it out of the ground -- see this is -- this house here and that one there you can walk the curb and you will walk right in the front door. 

MR. CHAIRMAN:  Right.

MR. DEAN:  Because their property is level.

MR. CHAIRMAN:  Um-hum.

MR. DEAN:  This over here has about a four foot hill in front of it.

MR. CHAIRMAN:  Right.

MR. DEAN:  So you would raise the house up and then the hill so you would be like -- between the front door and the road it would be basically the stairs would start out four feet high.  So you come up in the property, the stairs you would have like six stairs to the front door.  So if you could imagine six stairs in front of this house, that it what we would have.  This has no stairs at all. 

MR. GRYGUS:  Could I just back up a minute to before when we were looking at the site plan.  You said you were planning on taking the fill that came out from Lot 15 and using that fill around Lot 16 to raise the grade up on Lot 16? 

MR. DEAN:  Right. 

MR. GRYGUS:  Okay.  I am just wondering what that is going to do to the water run off if water is now for lack of a better word not being there when it rains, we will say puddling or ponding on 16 and now you raise that up, where is that water going to go?

MR. DEAN:  Well that is the storm water management.  You will put a seepage pit in both houses, a thousand gallon tank and all the run off goes --

MR. GRYGUS:  That will cover the roof but what about the rest of the ground --

MR. DEAN:  Well it covers the roof and it covers the driveway.

MR. GRYGUS:  -- that you are now throwing away from the house onto other people’s properties.

MR. DEAN:  Well it wouldn’t run off on the right side, the one on Locust, that is already on an angle.  And then on the other one --

MR. GRYGUS:  Well what I am looking -- what I am saying is -- if you are going to raise up the grade around the house on Lot 16 and you are going to bring it up, we’ll pick two feet for a number to pick a number.  That water then would be running toward Maple and toward the --

MR. GREGOR:  Lot 17.

MR. GRYGUS:  -- Lot 17. 

MR. DEAN:  No, no, no, what you do is you take the Lot 17 --

MR. WALKER:  No, he is talking about the neighbor on this side. 

MR. GRYGUS:  Going toward Ringwood Avenue.

MR. DEAN:  Yeah, that you would simple take it from -- which lot is this?

MR. WALKER:  This is 15.

MR. DEAN:  15.  So 15 you are basically cutting a square out of --

MR. GRYGUS:  Right.

MR. DEAN:  -- -- you know -- you are taking that extra --

MR. GRYGUS:  Right.  Yeah, 15 is the one that is sitting up on the high, yeah.

MR. DEAN:  -- and you are really just bringing it in -- because you could see where the driveway is --

MR. WALKER:  On 16 he is talking about.

MR. DEAN:  No, you don’t have any -- that is all level, that is not --

MR. GRYGUS:  Right now as it stands 15 is a higher elevation than 16 just looking at grass to grass.

MR. DEAN:  Right, right.

MR. GRYGUS:  All right.  Now what you just said before you were planning on cutting the hole for the foundation in 15. 

MR. DEAN:  Right.

MR. GRYGUS:  Building the foundation almost right now on grade on 16 and taking the fill from the hole from 15 and pushing it around the foundation on 16.

MR. DEAN:  Now around the house.  Just around this one -- because the garage is right here.

MR. GRYGUS:  Yeah.

MR. DEAN:  So you are going to be putting it around the front right.

MR. GRYGUS:  Yeah, on the Maple Avenue side of the house.

MR. DEAN:  Right and on the right side of the house. 

MR. GRYGUS:  And on the right hand side of the house.

MR. DEAN:  Which is probably already there now because the grade kind of goes over and dips down now. 

MR. GRYGUS:  My concern is that you are going to be throwing more water at Maple Avenue then currently is going to Maple Avenue.

MR. DEAN:  Well you will be actually less because of the zero run off.  You are going to have the driveway is going to have a seepage pit and they both are going to have seepage pits so you really have less run off.

MR. LUDWIG:  At this point there is no topos as far as elevations goes of the property.

MR. WALKER:  That is correct.

MR. CHAIRMAN:  There is some topo on there. 

MR. LUDWIG:  Yeah, I guess there is a few.

MR. CHAIRMAN:  There are a couple of spots.

MR. GRYGUS:  There are some spot elevations.

MR. WALKER:  Yeah, I thought he put some on there.

MR. LUDWIG:  There are a few over on this side.  

MR. WALKER:  Well I certainly acknowledge because Mr. Gregor had addressed the issue and I spoke to him briefly about it today.  If this application is approved it would be subject to a storm water drainage management plan and Mr. Dean I have discussed that with you also.

MR. DEAN:  Right.

MR. WALKER:  And you are aware of the fact that as a result of any construction on this site, if it is approved, that there will have to be a zero increase in run off.

MR. DEAN:  Right.

MR. WALKER:  Now we certainly acknowledge the fact that, from the testimony by some of the residents in the area, that there is an existing water problem somewhere at the end of Maple and Locust.  I spoke to Mr. Miceli, he prepared the site plan and he has also been a long term resident, he probably lives right in the area there; he says that problem has existed for 50 years.  It is not caused by this particular lot.  It is not -- this lot has nothing to do with the water problems.  We can’t cure the water problems as a result of any construction on this site but we will not make them any worse and if, anything, they may be improved because what you are going to do is you going to have seepage pits on the property and I think that is going to be an improvement in terms of the water run off and I think anything will benefit.  It is not going to cure the problem in the area but the problem is not caused by these lots and any construction on the site, once it is approved, because it will be subject to the approval by the engineer, Mr. Gregor, if anything it may improve it but it will certainly not make it any worse. 

MR. GREGOR:  Are you proposing any decks as you have on the architecturals that you showed?

MR. DEAN:  Any decks?

MR. GREGOR:  Yes.

MR. DEAN:  We usually don’t put decks on the houses to tell you the truth but once in awhile we will. 

MR. GREGOR:  There is one -- there is one on the picture and there is one on the architecturals that you showed us.  The reason why I am asking is because depending upon the size of the deck that you put you could potentially come close to your lot coverage. 

MR. DEAN:  Yeah, we actually never put that -- you know -- what happens when you are building a house like this, we didn’t -- when we built this house we never put the deck on this particular house.  That would have to be discussed because we are not going to go over, obviously. 

MR. WALKER:  But right now it is not in your proposal for the deck?

MR. DEAN:  No we weren’t --

MR. WALKER:  So the fact that that is actually indicated in our drawings that is not being proposed.  Mr. Dean, you expect that the proposed structures will be an improvement to the site?

MR. DEAN:  Yeah, I would think so because it would definitely -- you know -- in the neighborhood a new house like that would financially benefit the people in that area. 

MR. GRYGUS:  Bill, what is your professional opinion with respect to a distance of a curb cut from an intersection?

MR. GREGOR:  The rule of thumb is that you like to have them at least 50 feet.  Some towns require that they be up to 100 feet away.  The distance basically is a -- it is a safety issue based on the volume of traffic on the road, the available site distance in the area and the size of the lots and density of driveways in the area.  So but you definitely want to stay as much as far away as possible from the curvature of the road with the corner so to avoid any safety issues.  Because when you are backing out of your driveway, which people do constantly in New Jersey a car coming around the corner doesn’t have adequate site distance to see you or children leaving or riding their bicycles out of a driveway likewise.  So it is mainly a safety issue.  So you have to consider it based on the topography and the volume of traffic. 

MR. WALKER:  It is not a heavily traffic area I would gather. 

MR. GREGOR:  I beg your pardon?

MR. WALKER:  That is not a heavily traffic area, I believe.

MR. GREGOR:  Okay, I was just answering his question to the criteria.

MR. WALKER:  I understand that, I know that.

MR. GREGOR:  Yeah.

MR. WALKER:  That was my question though.

MR. GREGOR:  Okay.

MR. WALKER:  It was my understanding -- you know -- based on location and the fact that the street is not a used street, that it is really not a very heavily traffic area, I would imagine it is only really accessed by people who reside back there. 

MR. GRYGUS:  What was your thought process behind having the driveway for Lot 15 access Locust Street as oppose to doing the same mirroring what you proposed in Lot 16?

MR. DEAN:  I felt it would look better that way.  In other words, you have too many driveways like right next to each other.  This way you have one here, you have all grass plantings, then you have one around the corner because there is a big lot next to this one and it just kind of gets -- it just looks nicer.  Otherwise you are going to have some kind of grade going like this down, up, down, back up again.  And to answer your question on that one there, Lot 15, the traffic comes on the other side of the road coming from, I guess that is the north side, oh no, the south, coming south, the traffic has plenty of visibility.  And usually what we do from the road back, we usually have at least a 10 foot visibility, it goes out and comes back up again, so you have at least 10 feet.  So anyone backing out or -- you know -- coming around the corner they can certainly see.  Even a kid on a bike you would still have visibility there. 

MR. HOFFMAN:  You know somebody is going to ask you, have you made any inquiry as to the ability to hook up into the water and sewer system?

MR. DEAN:  Yeah, I spoke to the DPW one of the guys at the sewer department over there and they said they can hook up to it.  It is along the steep side but as far as price wise but they say we can hook up to it.  We already have one hook up from the existing house that was there.  He said he would hook up to that and then you just have one for the second house. 

MR. GRYGUS:  Was the existing house kind of like on the proposed Lot 16 now?  Because I see a note here, Existing Water and Gas Service cap behind curb line. 

MR. DEAN:  I don’t see any -- when we --

MR. WALKER:  Yes, that is correct.

MR. GRYGUS:  So it really was on that one. 

MR. LADD:  When they tore the house down the current line they had the township come over and shut the water off, the Power and Light came to disconnect the gas line that is there; the sewer line that was there right at the curb.

MR. GRYGUS:  So the house is really on the --

MR. LADD:  It was set back.

MR. GRYGUS:  -- the Ringwood Avenue side of the lot. 

MR. CHAIRMAN:  We are taking testimony from the audience. 

MR. LADD:  It was on the Maple Avenue side. 

MR. CHAIRMAN:  Sir, Sir --

MR. FAASSE:  We can’t take that testimony Mr. Walker. 

MR. CHAIRMAN:  Sir, he is not sworn in. 

MR. WALKER:  No, he is not sworn in.  Why don’t you step forward, identify yourself, MR. Faasse perhaps you can swear him in.

MR. FAASSE:  Sure.

MR. CHAIRMAN:  By the microphone.

MR. LUDWIG:  By the microphone.

MR. LADD:  Yeah, the sewer line --

MR. GRYGUS:  Wait, wait, wait we have to swear at you first. 

MR. CHAIRMAN:  He didn’t hear you I don’t think.

MR. FAASSE:  I don’t think so either.

MR. CHAIRMAN:  No, okay. 

MR. FAASSE:  Could you raise your right hand. 

KENNETH LADD SWORN

MR. FAASSE:  Okay, give us your full name, spell your last name and give us an address.

MR. LADD:  Kenneth Ladd, 4 Fallen Court and Lad L-A-D-D. 

MR. FAASSE:  You got all of that Gerri?

MR. CHAIRMAN:  Okay. 

MS. MAROTTA:  What was that -- I didn’t catch your name?

MR. LADD:  Kenneth Ladd.

MS. MAROTTA:  L-A-D-D

MR. LADD:  L-A-D-D

MS. MAROTTA:  Okay, got it.

MR. LADD:  4 Fallen Court, Haskell.

MS. MAROTTA:  All right.

MR. WALKER:  Mr. Ladd you began to testify in response to one of the questions from the Board before as far as the location of the prior structure on the lot could you explain to the Board where that structure was located?

MR. LADD:  The septic system and the water system and the gas system is all at the curb line close to the where Shootey’s (phonetic) used to be or to where Mrs. Shootey’s.

MR. WALKER:  Maybe you could tell us just on the map because they may not know where that house used to be.

MR. LADD:  Okay, on the map, it actually -- if I had the old map I could show them right where it is.  It is exactly just about right where that 7825 --

MR. WALKER:  You are pointed to what is proposed Lot #16.

MR. LADD:  Yes.

MR. WALKER:  Okay.

MR. LADD:  That is where the old house used to sit is in this angle here.  And right where that 7825 is where the sewer, gas line and water line is in that area. 

MR. GRYGUS:  Yeah he is -- 7825 the footage, it the 7825 he is referring to. 

MR. DEAN:  So it is basically on Lot 16.

MR. GRYGUS:  On the proposed Lot 16.  Okay. 

MR. CHAIRMAN:  Okay.

MR. GRYGUS:  Thank you. 

MR. LADD:  You’re welcome.

MR. FAASSE:  Oh Mr. Walker, anything else from Mr. Dean?

MR. WALKER:  I don’t know if the Board has any other questions. 

MR. FAASSE:  No, you are next.  Does the Board have any testimony or any other questions?

MR. CHAIRMAN:  Any other questions, gentlemen?  Any other questions of Mr. Dean?  Okay, let’s open it up to the public, does any one in the public have any questions or statement?

MR. WALKER:  Before you do that, let me just correct one other issue if I may.  The last time there was an issue as to whether we notified the adjacent property owners with respect to whether they were interested in purchasing or selling their lots or any part thereof.  I just wanted to make it known to the Board that we sent out certified mail, the originals as certified mail have been sent to the adjacent property owners and that there has been no response. 

MR. CHAIRMAN:  Mark that A-3. 

MR. FAASSE:  Correct. 

MR. CHAIRMAN:  On your card table there, just lean down and write there. 

MS. MAROTTA:  That is A-2.

MR. FAASSE:  No, A-2 is the plans.

MR. CHAIRMAN:  That was A-1, this is A-2.

MR. LUDWIG:  We just mark it packet A-3 or A-3?

MR. CHAIRMAN:  A-3 and then date it.  Anything else counselor?  Anything else?

MR. WALKER:  No, that’s it.

MR. CHAIRMAN:  Let’s open it up to the public.  Does anyone in the public have any questions?  Just questions only at this point for this witness.

MS. PETERSON:  I just have --

MR. CHAIRMAN:  You want to identify yourself first please?

MS. PETERSON:  Oh Donna Peterson, 16 Maple Avenue in Haskell.  It is just a little hard to visualize, I don’t have a copy.  Is that available to the public, a copy of that plan?

MR. DEAN:  A copy of the architecturals you mean?

MS. PETERSON:  Yes.

MR. DEAN:  Sure.

MS. PETERSON:  It is a little hard to visualize what he is saying about a basement then a two-car garage under the house and then two stories about so that is just what I am just trying to --

MR. FAASSE:  Well to be very candid with you, these diagrams do not --

MR. LUDWIG:  Accurately represent what he is planning on doing.

MR. FAASSE:  Correct.

MR. GRYGUS:  That might not be the house that is being built.

MS. PETERSON:  Okay.

MR. FAASSE:  You have to go by his testimony not by which these plans show.

MS. PETERSON:  Okay.

MR. LUDWIG:  I think that you are trying to testify that this the style of the house not --

MR. DEAN:  The appeal of the house but not the actual. 

MS. PETERSON:  Okay.  Only because the question is if it is much higher there the lot of across the street from me is probably I am guesstimating about halfway maybe three quarters of the way up my first floor level so if they are going two stories or a garage and two stories above, that is going to be quite high.  So it is a little hard to visualize if you understand the incline and the height of the --

MR. DEAN:  Which is your house, I don’t know. 

MS. PETERSON:  The one right at the end of the block across on the --

MR. LUDWIG:  Are you Lot 1, 2, 3, 4 or 5.

MS. PETERSON:  I am 308 Lot 1.

MR. LUDWIG:  Lot 1 so you are --

MR. WALKER:  So why don’t you just make reference to --

MR. DEAN:  The last house on the right.

MS. PETERSON:  The last house on the right.

MR. WALKER:  It may be a little bit easier for Mr. Dean to address that issue.

MR. LUDWIG:  You are almost on the corner of Maple and Locust. 

MR. DEAN:  I understand, last house on the right.

MS. PETERSON:  Yeah, I am across the street from your corner lot. 

MR. DEAN:  Oh, okay.

MR. GRYGUS:  Look at your 200 foot circle, she is Lot 1. 

MR. DEAN:  This one here.

MS. PETERSON:  Yeah.

MR. DEAN:  Okay.  Most of the houses there I have found --

MS. PETERSON:  So -- you know -- that being that my property is extremely low so.

MR. DEAN:  You have the Cape Cod right, I think?

MS. PETERSON:  Yeah is that is what you call it.

MR. GRYGUS:  It is a shoebox with windows. 

MS. PETERSON:  It is a shoebox with a cable dormer on it.  A nightmare.

MR. DEAN:  Most of the houses there are the older houses in there, they are usually a good 30 to 35 feet high because the roofs are so steep on them.  This wouldn’t be that high.  You can see how that roofline is pretty shallow.

MS. PETERSON:  But what I am already saying is that if you are looking out my front door, you are already -- you know -- maybe my height grade level.

MR. DEAN:  But we won’t be on top of that.  I know what you are saying, your front door is here and you walk up that lot and you are upstairs. 

MS. PETERSON:  I have two steps and I am in my house.  You are talking six steps up to your first level and your property is already higher than me so I am just --

MR. DEAN:  We are not going to build on top of that, we are going to be building -- you know -- in other words it goes from Locust, it goes up like this, so the basement will be down here, the first floor will be like if you could imagine 4 feet higher than that, that mound.

MS. PETERSON:  Even if your first floor level was at what the grade level is right now, you are already probably 6 feet, maybe 5 feet from where my grade level is. 

MR. DEAN:  Right.

MS. PETERSON:  So I am just trying to get a proportion of how much higher.

MR. GREGOR:  Well just so you know, if he was proposing to put one house there, he can go to the maximum of 35 foot tall. 

MS. PETERSON:  From what point?

MR. GREGOR:  From the mid point of the grade of the property to the peak.

MR. CHAIRMAN:  That is allowed by ordinance.

MR. GREGOR:  That is allowed by ordinance.

MS. PETERSON:  So is he just taking his own lot, like if these lots get subdivided, is he only going from the mid point of Lot 15?

MR. GREGOR:  It would have to be on each lot. 

MR. GRYGUS:  For the house on 15.

MR. GREGOR:  For the house on Lot 15.

MS. PETERSON:  For the house on 15.  So if he is going midpoint, so say he is 5 feet higher than me already --

MR. GREGOR:  Say from the curb to the grade is 5 feet, the midpoint would start at 2 1/2 feet and then go up --

MR. LUDWIG:  Actually where the building is situated, the footprint of the building, the grade around where the building sits, the average of that grade to the peak, do you understand. 

MR. DEAN:  No, not to the peak.

MR. GREGOR:  Not to the peak.

MR. LUDWIG:  No, not to the peak but to the maximum.

MR. GREGOR:  You did say peak.

MR. LUDWIG:  Yes, I’m sorry.

MR. GREGOR:  Yeah, to the mid peak.

MR. LUDWIG:  To the average height of the building.  

MS. PETERSON:  Okay.

MR. FAASSE:  Is the average grade of the lot or average grade of the footprint?

MR. LUDWIG:  It is the footprint.

MR. GREGOR:  It is the average grade around the house to the mid point between the eaves and the peak.  That is how the house is measured; the height of the house is measured. 

MR. DEAN:  But this wouldn’t be, in this case, it would be the house -- I know what you are saying as far as mid point and all of that --

MS. PETERSON:  Where is it on the lot?

MR. DEAN:  -- it would be from the curb because -- you know -- we would be low enough, even if you measured from the curb.  I know what she is saying because if we take the house and raise it up 5 feet you are going to be way -- we are really starting from the curb line.

MR. GRYGUS:  Wanaque doesn’t measure from the curb.

MR. GREGOR:  I think the point that I was trying to make is that if you were not in here trying to subdivide this to two and just wanted to build a house on that -- one house on that lot, they could have come in and just gotten a building permit to go to the height that they are proposing, just so you know. 

MR. CHAIRMAN:  That is what is permitted by ordinance in Wanaque.

MR. GREGOR:  They are not seeking any relief for the height.

MS. PETERSON:  Okay.  I am just trying to get a picture.

MR. GREGOR:  I know, I am just --

MS. PETERSON:  I mean if I am going to have a house right on top of me or not.  Also I wrote down that you said that the house would be approximately 2,400 square feet. 

MR. DEAN:  Not much bigger than that, it would be more like 21 - 22.

MS. PETERSON:  And you thought that that was comparable to the homes in the area?

MR. DEAN:  I mean without going in them, I think they are probably more like 17, I guess.

MS. PETERSON:  15.

MR. DEAN:  It depends on the house. 

MS. PETERSON:  Yeah.

MR. DEAN:  If it’s a two-story.

MS. PETERSON:  Okay.  I am also not sure, because I didn’t see your plan, how far you are from the curb because that corner lot is significantly on the curb.  It is not a very wide street so it would have to be a significant -- it is not a stop sign.

MR. DEAN:  It would be 20 but then you have the 10 feet, the town has a right-of-way, that 10 feet, right isn’t that --

MR. WALKER:  Just so you are clear, we are looking for a 20-foot setback, okay, from the curb.

MS. PETERSON:  And that is on both sides.

MR. FAASSE:  From the property line.

MR. WALKER:  That is correct on both sides.

MR. CHAIRMAN:  From the property line, from the front property line.  At Locust and Maple.

MS. PETERSON:  Okay.  Questions only?

MR. FAASSE:  At this point yes.

MS. PETERSON:  Okay.  Would it be a requirement with respect to your expertise but there would there be an independent engineering report to determine that rock base?  He is testifying that they dug it up, the rock crumbles, it is not big deal, but would that be something that an independent engineer report would possibly be required?

MR. WALKER:  I don’t think it requires an engineering report at all.  What he is looking to do is that he is going to excavate, if he excavates he is going to have to remove either rock or dirt, whatever happens to be there.

MR. GREGOR:  I think you are concerned about blasting right?

MS. PETERSON:  Yeah or breaking through any kind of rock ledge that may be under there with ground water because we do have a significant ground water problem?

MR. DEAN:  When we did it, it was, I guess, six months ago or something like that and we are not going lower than the road so the water is not going to come up and -- you know -- that type of thing.  So we have dug down, on this lot here, we dug down, because we were amazed that it was all sand, we dug down about 12 feet.

MS. PETERSON:  Is that 16, that is where the house, the originally house was.

MR. DEAN:  Right, yeah, 16 and that was all sand.

MS. PETERSON:  Okay.  And where is the driveway on 16?

MR. DEAN:  It is right on Maple, it is right here.

MS. PETERSON:  In front of the house?

MR. DEAN:  Correct. 

MR. CHAIRMAN:  In front of this one.

MR. DEAN:  It has to be because it is not a corner lot. 

MS. PETERSON:  No because the old driveway was, if you were looking at the house face on driveway was to the right of the house.  So I was just wondering if it is in the same place.

MR. DEAN:  This would be more to the left of it.

MS. PETERSON:  So it is more straight on so the house would be set back and you would be pulling into the house, into the driveway.

MR. DEAN:  Right and the one on Locust is on the side of it.

MS. PETERSON:  Okay.  Where would the second hookup be on Locust?  Are you coming down on the Maple Avenue side or on the --

MR. DEAN:  That would be more up to the town engineer -- I mean I guess the road -- water department and the sewer department where they want to hook those up.  This one is already there.  You can see it.

MS. PETERSON:  Um-hum.

MR. DEAN:  I honestly don’t know.  Either way, we can do it from the front or the side.

MS. PETERSON:  Who makes that determination and my concern with that is I have already talked to the Mayor about the sewer situation and he said that because of the way our property is pitched we are opposite the pitch of gravity going to Ringwood Avenue.  So I am just not sure are we going to be -- I don’t know how the sewerage system works but if you are hooking up further down and you are on an upward angle, I am just not sure where you are going to be tying into the line. 

MR. DEAN:  I can see it here.  See the water goes all the way around but the sewer ends here.

MS. PETERSON:  Um-hum.

MR. DEAN:  I guess more or less in front of your house or a little bit to the --

MS. PETERSON:  Exactly, yeah.

MR. DEAN:  I would think they would have to do it somewhere in this area here. 

MR. WALKER:  That is the front of Lot 15.

MR. DEAN:  Because it ends.

MS. PETERSON:  So you wouldn’t go out the Locust side?

MR. DEAN:  There is no sewer there. 

MS. PETERSON:  There is no sewer but what about the house that is next to there.

MR. DEAN:  I mean it could go -- it could come from this way and stop.  Sometimes they do that though they will just --

MS. PETERSON:  Okay.  And I will have a chance to make a comment to something that he said later, something that he testified to? 

MR. CHAIRMAN:  Yes.

MS. PETERSON:  Okay.  Thank you. 

MR. DASILVA:  Dave DaSilva, 108 Monroe Street.  Do you plan on presenting an engineer or just the builder?

MR. WALKER:  No, we are not presenting an engineer.

MR. DASILVA:  Okay.  What is on the property now in reference to impervious surfaces?

MR. WALKER:  Right now the only thing that is located on the property is an old garage which is indicated to the rear of Lot #15 that is going to be removed.

MR. DASILVA:  And what relief are you seeking with the bulk variance? 

MR. WALKER:  I am not sure of your question.

MR. DASILVA:  What are you -- is it setback; is it --

MR. WALKER:  Yeah, actually we had detailed in the original meeting we set down all of the variances that we were seeking which is also indicating in the maps, all right.  I can certainly repeat them for you.

MR. DASILVA:  No that’s fine, I’ll look at them.  My concern is and maybe the builder can address this is with adding another structure, I understand that you had one structure there at one point, you took it down, with adding another structure, doubling the impervious surfaces, possibly adding a macadam driveway in both structures, do you think that having a pit, a thousand gallon pit on each of those properties is going to compensate for all that additional impervious surface?

MR. DEAN:  Well what they will do and I used 1,000 gallon because that is -- we have always put 1,000 gallons in because that is what it seems to cover for this type of lot.  If the engineer says that you need two of them, and we have put two of them in at times where they need more and it simply needs two tanks and that is what you do to cover -- I know what you are saying if you have too much runoff if you have black top for the roof, the one is not going to cover it, then you end up having two of them. 

MR. DASILVA:  When you add the additional fill on the side of the building on Lot 15 --

MR. DEAN:  Um-hum.

MR. DASILVA:  Do you think that you are going to -- by changing the grade there on that property, do you feel as though that is going to change any of the runoff to the existing properties?

MR. DEAN:  You really should have less runoff but the only thing we were talking about what I am thinking -- you know -- right now, is the dirt that comes out of here, this one here --

MR. WALKER:  15, this Lot 15.

MR. DEAN:  -- 15, we were going to put up just around this area here.  We weren’t going to encase the whole house.

MR. DASILVA:  Okay.

MR. DEAN:  Because this driveway here is road level; there is no reason to put fill over here or over here.

MR. LUDWIG:  So it almost flows off the runoff from Lot 15 to the street if you are raising that.

MR. DEAN:  Right, right.

MR. DASILVA:  Do you have any idea where you would put the proposed pits; one or two per lot?

MR. DEAN:  In this case here, we would put -- most of the time we put them in the front but you have a little more room in the back of these two lots.  I would think the engineer would put them in the back.

MR. DASILVA:  And you said you have no intention of putting a deck on either of the houses?

MR. DEAN:  At this point, as long as there is coverages, if I can fit it, I might.  It depends on how much -- if we can get it into this building envelope.

MR. DASILVA:  Okay.

MR. DEAN:  Usually the decks don’t affect the impervious coverage.

MR. DASILVA:  Okay, all right, thank you. 

MS. RAOUL:  Suzanne Raoul, 6 Father Hayes Drive but I am speaking for my mother Gloria Gardella, who is at 28 Maple Avenue.  I don’t want to be redundant but did you say that you were building a garage below one of the houses, there is going to be an underground garage?

MR. DEAN:  It is under the house but it is not the under the road.  It is road level. 

MR. WALKER:  You could look at the picture, right here in the box.

MS. RAOUL:  Oh, okay, I gotcha.  Okay.  And this is going to come from the side.

MR. DEAN:  This one over here comes from the front.

MS. RAOUL:  Okay.

MR. DEAN:  And this one over here comes from the side.

MS. RAOUL:  Okay.  So are you going to level the property out completely before you begin?  You are going to do one at a time?  I asked because you know that the right side is the rock and the sand, I guess, is on the left as I am looking at it. 

MR. DEAN:  At this point, what I would probably do is build this foundation here --

MS. RAOUL:  Okay.

MR. DEAN:  On 16.

MS. RAOUL:  Right.

MR. DEAN:  If that is the way -- if we do it that way and then take the rock from here and put it over here.  We would have to bring some topsoil in. 

MS. RAOUL:  Who controls how much dirt or fill you can put on a property when you are leveling it out?  How much above where the present level of property is does the town or Board or whoever is in charge allow you to fill before you start to construct?  Is there somebody that is in charge of that or can you just come in and put -- I don’t know.  I mean how much fill can you put on a piece of property to level it out, whether you are brining it in from someplace else or whether you are bringing it in from the lot next door, who decides where you start from before you start all of this?  Does anybody know? 

MR. CHAIRMAN:  Bill, do we need a soil removal permit to transfer one to the other?

MS. RAOUL:  I mean I don’t know how much dirt we are talking here but I am just asking.

MR. GREGOR:  Town ordinances govern that.  It is not decided by an individual, it is decided by town ordinances. 

MS. RAOUL:  Okay.

MR. GREGOR:  And off the cuff, I do know the exact amount that goes beyond the construction official purview into review by another authority.

MS. RAOUL:  Okay.

MR. GREGOR:  That is something -- you caught me off guard on that. 

MS. RAOUL:  I’m sorry I just -- because he talked about bringing it --

MR. GREGOR:  I don’t memorize all the ordinances, I don’t know the answer. 

MS. RAOUL:  -- from one part of the lot to the other so I was wondering if he was going to like start with it kind of flush and then begin his structures.  I understand he is probably going to start one building first and then maybe put that up for sale or whatever he is going to do.  But I am just wondering how much fill can you bring in because that kind of determines where you are starting from.

MR. DEAN:  You wouldn’t be bringing in any fill in.

MS. RAOUL:  Okay but you would be moving it.

MR. DEAN:  Yeah you would bring -- take some of this fill here and put it around this house, this side here.

MS. RAOUL:  All right.

MR. LUDWIG:  But you said you might have to bring some top soil in.

MR. CHAIRMAN:  Top soil yeah.

MR. DEAN:  Well the top soil --

MS. RAOUL:  Well that would be different that is really in the finishing process, right?

MR. DEAN:  That is more a landscape type of thing.

MR. LUDWIG:  Yeah, exactly.

MR. DEAN:  But you wouldn’t be bringing any more fill in by any means.

MS. RAOUL:  Okay.  Do you have any idea how deep the rock is on the right portion of the property?  I know you did some test borings.

MR. DEAN:  On 15 I would think it is --

MS. RAOUL:  Only because there is no other visible rock in any other property right really near there so I was kind of wondering if you had any --

MR. DEAN:  Well there is if you go up Locust you will see outcroppings of rock all the way up the street.

MS. RAOUL:  Yeah but that’s still -- well where?

MR. DEAN:  This house next door -- this house next door has rock over here and it has rock next to it. 

MS. RAOUL:  But that is really --

MR. DEAN:  There have been a couple of cars over here, they had rock over there.

MS. RAOUL:  That is on the other side of the street.

MR. DEAN:  No, no, same side.

MR. WALKER:  No, the same side.

MS. RAOUL:  The house directly --

MR. DEAN:  It is kind of sits low so you really kind of don’t -- if you are not looking for it. 

MS. RAOUL:  Okay, all right.

MR. DEAN:  If you went there, walked there, you would see it.

MS. RAOUL:  Yeah well I have been there, I have lived there for 40 years, I know. 

MR. DEAN:  Yeah.

MS. RAOUL:  This gentlemen brought up a question also about if you were just going to build one house you could do so within the 35 foot height regulatory rule without even asking any permission.  But did they have to ask for permission if the lot is divided into two and they want to build two houses up to 35 feet, is that something that they are asking for or is that automatically granted by the town code?

MR. GRYGUS:  That is one of the reasons why they are here because they asked for a subdivision.

MS. RAOUL:  Right but I am just saying if they subdivide --

MR. FAASSE:  No, no, they are not asking for any height variance.

MR. GRYGUS:  No, they are not asking for any height variance for either of the structures. 

MS. RAOUL:  Okay.

MR. FAASSE:  If the Board subdivides it they could build two one family houses up to the maximum as permitted by ordinance.

MR. CHAIRMAN:  Right.

MS. RAOUL:  So in other words, they get the privileges for one lot into two lots if you permit them to divide it then they can build anything up to 35 feet on either one of those two lots or both.

MR. FAASSE:  As defined by the ordinances.

MS. RAOUL:  Okay.  Let’s see if I have anything else.  Okay, that is all I have for questions, I’ll have a comment later.  Thank you.

MR. CHAIRMAN:  Okay.

MR. FAASSE:  Any other questions for Mr. Dean, hearing none.  Do you have any other witnesses tonight Mr. Walker?

MR. WALKER:  No, I do not Mr. Faasse.

MR. FAASSE:  Are you prepared to reset? 

MR. WALKER:  At this point --

MR. FAASSE:  Because we have gone too far tonight to open up to the public.

MR. CHAIRMAN:  We are ten minutes over our curfew already.

MR. WALKER:  At this point, let me just make sure -- let me take a look as something, one moment.

MR. FAASSE:  Well we are going to have to carry this application so you can always -- you know -- withhold on that if you want to come in next month.

MR. WALKER:  I just want to make mention of the fact that you have reviewed Mr. Gregor’s report and he has indicated that there are certain changes still required to the site plan.  I think they are relatively minor.  We have already discussed the issue of storm water management and we absolutely understand and Mr. Dean understands that if this application is approved, there would have to be storm water management plans submitted and approved by the Borough.  So other than that Mr. Faasse we really do not have anything else to add. 

MR. FAASSE:  All right, why don’t -- I don’t know what kind of time we have, you’ll grant us an extension of time, Mr. Walker?

MR. WALKER:  Excuse me?

MR. FAASSE:  You’ll grant us an extension of time to consider this?

MR. WALKER:  Absolutely, yes.

MR. FAASSE:  60 days will assume, okay, at least, and then we will check it.  The motion will be to carry this to the December 5th meeting.

MR. CHAIRMAN:  The December 5th meeting.  All right, who is making that motion?

MR. LUDWIG:  I’ll make that motion.

MR. FAASSE:  Thank you Mr. Ludwig.

MR. KONING:  I’ll second it. 

MR. CHAIRMAN:  All right, Don and Art.

MS. MAROTTA:  Who make the motion?

MR. CHAIRMAN:  Don and Art’s the second.

MS. MAROTTA:  Don and Art. 

MR. LUDWIG:  Do we have a question?

MS. PETERSON:  Can I ask one more question?  Whoever sent the last certified letter out, would you be willing to give me or send me a copy of that offer to purchase land?

MR. WALKER:  Actually, I just presented it to the Board.

MR. FAASSE:  Yeah, it is in the file.

MS. PETERSON:  Could I get a copy of that?

MR. FAASSE:  You may come here and look at it anytime you want. 

MS. PETERSON:  Okay, and that offer is to all property owners.

MR. FAASSE:  No, it was to --

MR. WALKER:  The adjacent property owners.

MS. PETERSON:  So that is next to it, not across the street. 

MR. WALKER:  No because we wouldn’t alleviate a variance by buying or selling property from somebody across the street. 

MR. GREGOR:  It has to be touching.

MR. WALKER:  It has to be touching, adjacent yes.

MR. FAASSE:  All right so the motion is to carry this to 12/05.

MR. CHAIRMAN:  All right, let’s vote on it.

MOTION TO CARRY APPLICATION #06-07 TO DECEMBER 5TH:

Made by Member Ludwig, seconded by Member Koning, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MR. CHAIRMAN:  We’ll see you in December counselor.

MR. WALKER:  Thank you very much.

MR. CHAIRMAN:  Okay, next item is public discussion.  Do we have any public discussion?  No public discussion.  Come on up, okay.

MR. DASILVA:  Dave DaSilva, 108 Monroe Street.  I just have a question about procedure.  When the professionals issue a report in reference to an application, I have noticed over the past however many meetings I have been here, it seems like a lot of times the application doesn’t get them until they get here and it may have been written a few days before the meeting when they are here.  What is protocol for the professionals to make that review?  Is it that they don’t have the materials soon enough to do it? 

MR. CHAIRMAN:  A lot of it -- the information comes into the secretary, by the time she mails it out the Board Members and our professionals don’t get it until a lot of times the Monday before the meeting, which is a problem in the system because then by the time Bill or Ralph makes comments to it, we are at the meeting basically.

MR. DASILVA:  By no means am I criticizing.

MR. CHAIRMAN:  I know.

MR. DASILVA:  I am just curious as to why it seems that that happens.

MR. CHAIRMAN:  Right.  On a new application we have more time when it is deemed complete, those reports are always dated ahead.  But these submittals come in at the last minute, these revisions, so by the time it flips through the office and it gets sent back out we have very limited time.

MR. DASILVA:  Okay.

MR. CHAIRMAN:  Which is a problem.  Okay.  In some instances, we have tried to get e-mails or contact faxes and sometimes they get it a day ahead or whatever it may be. 

MR. GREGOR:  And that is why we try to impress upon the applicant that even though it is only 10 days, to try to get it in sooner so that doesn’t happen.

MR. CHAIRMAN:  Right, sooner than later then we can get the report back faster.

MR. GREGOR:  That doesn’t happen. 

MR. DASILVA:  Is there any requirement in any of the laws, the Land Use Law, about how you have to communicate with the applicant?  Can you do it by E-mail or do you have to send a letter? 

MR. CHAIRMAN:  Well in the Land Use Law I don’t think --

MR. FAASSE:  I don’t think there is anything specific at all.

MR. CHAIRMAN:  -- updated since E-mails came out. 

MR. DASILVA:  I figured as much.

MR. CHAIRMAN:  We are dealing with some archaic items there. 

MR. DASILVA:  So you don’t, Mr. Faasse, you don’t see any reason where communicating via e-mail would be a problem or fax?

MR. FAASSE:  No, and that is what we try to do in this, it is a lot easier when there is a professional involved who is going to be here or there is an attorney because Mr. Gregor does try to accommodate the attorneys and send them direct to them as well so that they have it ahead of time.  And there is a lot of -- you know -- individual people -- 

MR. GREGOR:  For example, all of these reports were faxed to all of the applicants and their attorneys, the applicants’ attorneys.  The one attorney that didn’t have it, as it happens, didn’t check it faxed. 

MR. FAASSE:  Well that is unnecessarily true, it went into the other attorneys pile instead of -- you know what I mean.

MR. GREGOR:  Or it didn’t go through.

MR. CHAIRMAN:  And the other thing that happens is like you saw with Mr. Gardner, he got Bill’s report, they have been on the phone today trying to iron out some details.

MR. GREGOR:  Yeah.

MR. CHAIRMAN:  If that paperwork would have gotten down sooner, maybe something could have been presented a little more efficiently this evening from their end.

MR. DASILVA:  Okay.

MR. CHAIRMAN:  It is tough, it works both ways.

MR. DASILVA:  Okay.

MR. CHAIRMAN:  It is a communication breakdown that time is our enemy with this. 

MR. DASILVA:  And then on to my next pet project, the application, I have been trying to keep tract of this and what is happening.

MR. CHAIRMAN:  The application package.

MR. DASILVA:  Have you guys received any information about what the status is? 

MR. CHAIRMAN:  The only thing we know is that the Planning Board looked at it, they have some comments. 

MR. GRYGUS:  We have not received those comments yet.

MR. CHAIRMAN:  No, we haven’t heard anything.  Technically, we haven’t heard anything back other than they did discuss things at the last Planning Board meeting.  As far as the Mayor and Council, nothing has come back to them to review.

MR. DASILVA:  And that is the chain it is going to go to them and then from the Mayor and Council to you?

MR. CHAIRMAN:  No, we also want the Borough Attorney and the two attorneys for the Boards to review this because we have to look at the legal end of this.  We put his together, the Planning Board wants to throw a couple of things in, once all of these -- the novice play with it, we got to let the pros run through it, just make sure we got everything right. 

MR. GREGOR:  Make sure it is enforceable. 

MR. DASILVA:  Yeah, I am just getting concerned because April is the dead line apparently of making sure that the application works and if we don’t start using it until March --

MR. CHAIRMAN:  Well we keep asking  - we keep asking.

MR. DASILVA:  Okay.

MR. CHAIRMAN:  Okay.  The process is moving real slow.

MR. FAASSE:  You know, we shouldn’t have done what we did to Santoro because if that one keeps going we will be here way into next December. 

MR. CHAIRMAN:  Oh yeah.

MR. FAASSE:  Because the proposal was, except for pending work in front of the Board --

MR. CHAIRMAN:  Well here is the thing, we have some other ones coming in now, so April is -- whatever happens, we will still be here. 

MR. DASILVA:  Well I am not convinced that there won’t be a change in position on that whole idea. 

MR. FAASSE:  Well we heard that something will change in the political makeup of the Board, too.

MR. DASILVA:  So I heard.

MR. FAASSE:  You never know. 

MR. DASILVA:  All right, thank you.

MR. FAASSE:  We’ll have to go to those meetings and quiz. 

MR. CHAIRMAN:  Monday night either you or I will address that at the Mayor and Council meeting.

MR. DASILVA:  I plan on it.

MR. CHAIRMAN:  Okay. 

MR. GRYGUS:  Will you send us a report. 

MR. FAASSE:  They don’t web cast those things yet, do they.

MR. GREGOR:  No, not really.

MR. FAASSE:  Mayor and Council meetings. 

MR. CHAIRMAN:  Don’t even start. 

MR. LUDWIG:  Don’t, don’t, Ralph, back away.

MR. FAASSE:  Okay. 

MR. GRYGUS:  We could tell them we had an ordinance meeting.

MR. CHAIRMAN:  Well I want to update the Board on that.

MR. GRYGUS:  Oh, okay.

MR. FAASSE:  All right, Resolutions there are none Mr. Chairman.

MR. CHAIRMAN:  Okay, no Resolutions.

MR. FAASSE:  Correspondence, I do believe we took care of.  Mr. Gregor swears he only has one voucher tonight. 

MR. CHAIRMAN:  Okay, which is laying here somewhere.

MR. CHAIRMAN:  Where is Bill’s voucher, I told him we weren’t going to pay.

MS. MAROTTA:  Ralph’s.

MR. CHAIRMAN:  Oh, I got it. 

MR. FAASSE:  Oh Ralph’s, they said they are not going to pay mine?

MR. CHAIRMAN:  Yeah, that is another argument.

VOUCHERS:

MR. CHAIRMAN:  Okay, Bill has a voucher here for services rendered on Mazar, which is the application we heard this evening. $495.  I need a motion on that.

MR. LUDWIG:  Motion to accept.

MR. GRYGUS:  Second

MR. CHAIRMAN:  Second.  Roll Call? 

MOTION TO APPROVE MR. GREGOR’S VOUCHERS:

Made by Member Ludwig, Seconded by Member Grygus. Voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MR. FAASSE:  Mr. Chairman, I would appreciate you directing the secretary to communicate with the front office or the treasurer or whatever to the certification that there are sufficient funds in this account after the payment of Mr. Gregor’s voucher so I get to prepare a resolution and be paid for the resolution.

MR. CHAIRMAN:  Okay.

MR. FAASSE:  Barring that I will not prepare a resolution or an application in -- you know.

MR. CHAIRMAN:  Okay, I also will bounce off this voucher with something.  And Gerri you and I have to work this out.  We are going to establish something which is going to give us an escrow report at every meeting because we have all of these outstanding invoices that Bill has been hung out for five or six years --

MS. MAROTTA:  I was just told today that Bill is being paid completely.

MR. CHAIRMAN:  No, no, forget that, forget it.  How we got there is the problem we are talking about it.  The reason he is getting paid is another issue, finally we won our battle.  But in order to avoid this, we need to get some feedback as to okay, we put a voucher in, what is in the account.  So we need the treasurer to give us a feedback of what is in these accounts.  We -- you don’t know and we don’t know.

MS. MAROTTA:  No, I have nothing to do with that.

MR. CHAIRMAN:  No, they have to provide that. 

MS. MAROTTA:  Now what are we doing about Ralph’s voucher. 

MR. GRYGUS:  And that is kind of what I am going to discuss.  Regardless of what is in that account we are still obligated to approve our invoices for our professionals.

MR. CHAIRMAN:  Right, right.

MR. GRYGUS:  And that becomes the Borough’s issue.  Now but I could see Ralph’s point where we are simply not going to do the resolution until --

MR. CHAIRMAN:  Right, because --

MS. MAROTTA:  What resolution are you talking about?

MR. CHAIRMAN:  Ralph’s resolution. 

MR. GRYGUS:  Any resolution that is typed up. 

MR. CHAIRMAN:  In every resolution Ralph’s put a standard closing, that the Resolution is binding as long as all fees are paid.

MR. GRYGUS:  Right.

MR. CHAIRMAN:  And that has been my argument with the Mayor and Council folks that if the people don’t pay the fees, the Resolution is dead, tear the building done.  It is very simple, put a lien on the building. 

MR. GREGOR:  Well it is easier just to not pay the professional.

MR. CHAIRMAN:  Right, which has been an ongoing problem for a number of years.  Okay, just it has festered to a point because of some head banging that some certain people don’t get paid and some people do.  This other issue, do you want to -- we might as well bring that up too. 

MR. FAASSE:  What is that?

MR. CHAIRMAN:  S.O.S. 

MR. FAASSE:  Oh well -- you know -- we talked about it.  I was notified what maybe two meetings ago, that don’t have enough money.  I have a voucher here for $1,605, it was submitted on September 11th and they only have a balance in the account of $1,245.

MR. CHAIRMAN:  Right, so we are short $360.  And you haven’t gotten that money.

MR. FAASSE:  No, I didn’t even get the $1,245.

MR. CHAIRMAN:  Right, okay.

MS. MAROTTA:  Well that is because this hasn’t been signed off yet.

MR. CHAIRMAN:  What do you mean signed off?

MS. MAROTTA:  I mean it hasn’t been submitted.

MR. CHAIRMAN:  It was submitted.

MS. MAROTTA:  No, that is why she gave it to me.  This is an original.  You have to sign it.

MR. CHAIRMAN:  But we approved this, we approved this.

MS. MAROTTA:  When I handed this into her --

MR. CHAIRMAN:  Right, you never had me sign it. 

MS. MAROTTA:  Okay.

MR. CHAIRMAN:  It’s signed.

MS. MAROTTA:  All right.  They are going to send you a check now Ralph for --

MR. CHAIRMAN:  Okay, but we are also going to demand formal payment for the whole amount because the agreement was one meeting which the attorney dragged out to two meetings.  So you can’t blame our professionals and they shouldn’t take a pay cut because the application -- 

MR. GRYGUS:  Let’s not shoot the messenger.  Simply Gerri the word is when the Board certifies an invoice, the Borough must pay it whether they have the money or not. 

MR. CHAIRMAN:  Right, right. 

MR. GRYGUS:  It is the Borough’s responsibility to get the money not the Board’s.

MR. CHAIRMAN:  That is the actual law.

MR. GRYGUS:  That is cut and dry.

MR. CHAIRMAN:  Very simple.

MR. GRYGUS:  And we can just add that on to the ones that we will be filing a lawsuit over. 

MR. CHAIRMAN:  Okay. 

MR. FAASSE:  And in fairness to the front office, they have sent out letters requesting money on other --

MR. CHAIRMAN:  All of a sudden, they are trying to collect, yes.  Okay, approval of the minutes of our October meeting. 

MR. FAASSE:  They look good to me Mr. Chairman.

MR. CHAIRMAN:  Yeah, I think we are in good shape.  You have a comment?

MS. MAROTTA:  Well you signed off on Ralph’s -- are we going to take a --

MR. CHAIRMAN:  We approved this awhile ago, we submitted this back in --

MR. FAASSE:  July the 11th.

MR. GRYGUS:  July 11th.

MR. FAASSE:  Should I charge interest?

MR. CHAIRMAN:  You are going to get a -- yeah you get a point in a half a month.

MR. GRYGUS:  I want to see what Bill’s interest is going to be from five or six years.

MR. FAASSE:  Oh well, don’t get me going with that one will you. 

MR. LUDWIG:  I want to make a motion to accept the wonderful minutes.

MR. GRYGUS:  I’ll second the wonderful minutes.

MR. CHAIRMAN:  Okay.

MS. MAROTTA:  Thank you.

MR. CHAIRMAN:  We are good with the wonderful minutes.  The enginneer’s report, quickly?

MR. GRYGUS:  We need a vote -- we need a vote on that?

MS. MAROTTA:  Wait, we have to vote on that.

MR. CHAIRMAN:  Oh, I’m sorry, I’m trying to get out of here.

MOTION TO APPROVE THE OCTOBER MINUTES:

Made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning, Willse, O’Hanlon.

MR. CHAIRMAN:  Okay, Engineer’s Report, we have one question.

MR. GREGOR:  Yes.

MR. CHAIRMAN:  Which, I asked you earlier in the day.  On Parsico  (phonetic) --

MR. GREGOR:  Yes.

MR. CHAIRMAN:  -- which is the Getty Gas Station.

MS. MAROTTA:  Oh, I am glad you said that.  I have a whole bunch of stuff here but I don’t know if you want me to pass it out.

MR. CHAIRMAN:  I don’t want to pass it out yet.

MS. MAROTTA:  Okay.

MR. CHAIRMAN:  Let’s clarify where this is.

MS. MAROTTA:  Because it is not deemed complete yet.

MR. CHAIRMAN:  Right.  Okay, now did they pay their fees?

MS. MAROTTA:  Yeah, they got fees.  I did collect the money on them.

MR. CHAIRMAN:  Okay.  Basically what Parsico is is the Getty Gas Station.  It is an application that was submitted a year ago?  Probably.  Right, it was a year ago because it had --

MS. MAROTTA:  It was quite some time, I know that.

MR. CHAIRMAN:  It had an 06.

MR. FAASSE:  I think my copy has yellowed by now.

MR. CHAIRMAN:  Yeah.  Anyway, Jeff sent it to Bill, Bill deemed it incomplete, we sent out the letters, he has heard from the people a few times, they had a problem with the County they finally resolved the problem and now we got a finalized drawing for Bill to review back which he received about maybe a week or so or less.

MS. MAROTTA:  No, more than that. 

MR. GREGOR:  October 26th it looks like I got it.

MR. CHAIRMAN:  Okay so say a week and a half ago, 10 days ago when he received it.  At this point, he is reviewing it to see if it is still incomplete and what it is.  You have to send a letter back to those people.

MR. GREGOR:  Yes.  And my letter is going to recommend it incomplete they haven’t addressed Item #1, #2 in my report, #4 and --

MR. CHAIRMAN:  Okay, and that report is what February, January?

MR. GREGOR:  That is February 9th.

MR. CHAIRMAN:  February 9th, okay. 

MR. GREGOR:  And there are some additional things with information that they have provided.  I realize that they haven’t provided architecturals on the canopy, we have no idea how high it is.

MR. CHAIRMAN:  Okay.

MR. GREGOR:  There are a lot of things.

MR. CHAIRMAN:  All right, okay, get the letter out to them please.

MR. GREGOR:  Yes.

MR. CHAIRMAN:  All right.

MR. GREGOR:  The letter will be going out to them probably the end of this week or early next week.

MR. CHAIRMAN:  Okay, the other thing is discussion.  Do you want to start with the ordinance committee or I will. 

MR. GRYGUS:  Go ahead.

MR. CHAIRMAN:  We had our first meeting with the Ordinance Review Committee a week or two ago.  Bruce and I attended; there was Gil Foulon and Kevin Platt from the Planning Board.  Joe Fiorito, Rob Pettet, Jeff Brusco, Tom Carroll and --

MR. GRYGUS:  Ed O’Connell.

MR. CHAIRMAN:  Ed wasn’t there. 

MR. GRYGUS:  Yes he was.

MR. CHAIRMAN:  No he wasn’t.  Ed wasn’t there.

MR. GRYGUS:  No. 

MR. CHAIRMAN:  No.

MR. GRYGUS:  I thought he was, okay.

MR. CHAIRMAN:  And the professional.

MR. GRYGUS:  The planner, whoever that guy is, whoever he was.

MR. CHAIRMAN:  Ben Sicker (phonetic) I think his name was.  Basically Jeff Brusco had produced a list of things that he felt were extremely urgent to deal with and things he has a problem with dealing with people coming in as far as people wanting to do certain things where he -- it is a gray area of what to do, mainly it is a big problem with enforcement.  Most of our ordinances he has problems enforcing because they are very vague and antiquated.  According to the expert, he is in full agreement that we need a storm water management plan, we talked about that, we talked about a lot of things.  He is going to come back with some suggestions and thoughts as to where to go with this thing.  So we finally, after 20 years of trying, have got movement on straightening out the ordinances to some degree.

MR. GRYGUS:  Jeff’s list was pretty comprehensive because he had pretty much everything that Jack and I had on list that we had generated.  He did a good job on it. 

MR. CHAIRMAN:  So if he goes with Jeff’s list and we talked about creating different business zones maybe a professional zone in some parts of town, I think we had a good couple of hours of discussion.  Now we just got to keep it moving forward, that is going to be the difficult thing I think.  If you gentlemen have any suggestions or thoughts, just get them to me or Bruce and we’ll bring them to the next meeting.  We are still open to help from the outside as to where to go with some of these difficult ordinances and ordinances that you feel are totally outdated and how to deal with the -- the biggest problem is going to be how to deal with the R-10’s, 20’s, 15’s, 20’s, 30’s and 40’s.  The thought was to redo them as 5’s and 7 1/2’s, which is not going to work. 

MR. GRYGUS:  Well I think we convinced them of that.

MR. CHAIRMAN:  Yeah, we won the point on that.  Now it is a matter of how do you deal with it.  Change the bulk; change this; change that; these are things that they are going to have to bang heads about.  It was a better meeting than I thought it would be, let’s put it that way.

MR. FAASSE:  Good.

MR. CHAIRMAN:  A lot of stuff got talked about.  As far as the -- we got to talk to the Planning Board a little bit, they are in full agreement with us that combining the Boards is a huge mistake.  They are dead against it.

MR. GRYGUS:  They want no part of it at all.

MR. FAASSE:  Really?

MR. CHAIRMAN:  Yeah. 

MR. FAASSE:  Gee, isn’t that interesting.

MR. CHAIRMAN:  Yes.

MR. GRYGUS:  They don’t want to get involved with the stuff that we get involved with at all.

MR. CHAIRMAN:  They want no part of that.

MR. GRYGUS:  And they don’t want any part of two nights a month either.

MR. CHAIRMAN:  Right.

MR. FAASSE:  Well I think we have to adjourn now.

MR. CHAIRMAN:  Anything else gentlemen?  All right.  All in favor of adjournment?

ALL MEMBERS:  Aye.

MR. FAASSE:  Everyone have a nice Thanksgiving.

 


CERTIFICATION

 

 

I, Joyce Fleming, the assigned transcriber, hereby certify the foregoing transcript of proceedings is a true and accurate non-compressed transcript of the proceedings  recorded.

 

 

 

Signature

 

 

 

G & L Transcription of N.J.