BOARD OF ADJUSTMENT

BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

MINUTES

December 6, 2006

Regular Meeting

Salute to Flag:

This is a Regular Meeting of the Wanaque Board of Adjustment and adequate notice has been duly advertised by the mailing of a notice to the Suburban Trends and the Herald & News on the 6^th day of January 2006 and a notice has been posted on the bulletin board in the Municipal Building and a copy there of is on file with the Borough Clerk.

ROLL CALL: Chairman Jack Dunning, Members Bruce Grygus, Frank Covelli (came in at 8:35 P.M.), Peter Hoffman, Don Ludwig, Ed Leonard, Art Koning, Eric Willse, Attorney Ralph Faasse and Engineer William Gregor.

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

Atty. Faasse said he received a fax from Atty. Carlo Coppa today requesting that this application be dismissed without prejudice.

MOTION TO DISMISS APPLICATION WITHOUT PREJUDICE: made by Member Ludwig, seconded by Member Grygus, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning and Willse.

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

Mr. Fennelly came forward. Mr. Fennelly said back in October he gave a grading/landscaping plan to his neighbor with regard to solving the storm water issue. Yesterday the neighbor called Mr. Fennelly and said they weren’t happy with the plan and no longer wanted to do anything about storm water on their property. Therefore, he decided that until his Engineer, Patrick McClellan talks with Eng. Gregor, they’re asking to carry the application to the next meeting. A faxed was received from Atty. Steven Schepis requesting the application be carried to the January 3, 2007 Meeting.

MOTION TO CARRY APPLICATION TO THE JANUARY 3, 2007 MEETING: made by Member Ludwig, seconded by Member Koning, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning and Willse.

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

Attorney Warren Stillwell, came forward on behalf of the applicant whose former Attorney was Gregory Czura. Attorney Faasse said he had a short conversation with Atty. Stillwell about Villa Place between the municipality and the Golden Agers. The other problem is, if they start the application tonight the Board’s complexion could change between now and the next meeting. There are a few members whose terms expire and some items with engineering as to completeness. Atty. Stillwell said he didn’t think there were any outstanding issues that were in Eng. Gregor’s report that they couldn’t address. Eng. Gregor asked if Atty. Stillwell had a copy of the survey and Atty. Stillwell said he was sure the architect has one. Eng. Gregor said he discussed a number of other items that are missing with the architect.

Member Ludwig explained to Atty. Stillwell if they testify tonight and the Board appoints new members in the New Year, those new members would have to listen to the tape from tonight. Atty. Stillwell said he brought his own stenographer tonight who will be recording this application. Eng. Gregor spoke up and said he is going to show Chairman Dunning the copy of the E-Mail that Architect Frank Colasurdo sent him with the issues that Eng. Gregor had sent to Atty. Czura and the Board will know what transpired between Eng. Gregor and Atty. Stillwell this week. Atty. Stillwell said Architect Colasurdo has the survey and Archtiect Colasurdo said he told Eng. Gregor he would bring copies of the survey tonight. Archtiect Colasurdo said he had three sealed surveys with him tonight.

Architect Colasurdo said the current Golden Agers owns part of Railroad Avenue and also the recycling and it was given to the Golden Agers he believes by accident. Architect Colasurdo said they’re working with the town and are going to get some lot lines adjusted between the Golden Agers and the town. Architect Colasurdo mentioned one of the aisle ways could be changed from 14’8” to 15’ very easily. Eng. Gregor also asked him to overlay the boundary information that was shown on Sheet Z-2, on the site plan on Sheet Z-3 so the Board could see the boundaries more clearly. He was also asked to take a look at the existing parking spaces and see how it complies with the current zoning regulations, which he did and there are actually more spaces than required. There was also a comment about drainage and he does have a solution and was going to use his site plan to give the Board an idea of what he was planning on doing.

The last issue was Villa Place running through the property. Atty. Stillwell said he could advise the Board that he has had discussions with the Town Administrator and it is the Town Administrator’s position that the issues between the town and the Golden Agers is that an easy resolution is for the Golden Agers to deed back to the town that portion of the property that the street is on and the old recycling center is on, back to the township. However, the applicant’s plans do accurately reflect the existing legal conditions that exist on the property; the street is a paper street although it actually exists and nevertheless this is a situation that can be resolved between the township and the Golden Agers. It’s not something the applicant is responsible for and the proposed improvement has no impact on their resolution one way or the other. Atty Faasse asked if the resolution has impact on what variances they will be seeking. Atty. Stillwell said if the Board were to hear the application the relief that the Board will be granting would be this exact relief and what they’re showing is the reality and there is nothing illegal about what is depicted on the plans. All the dimensions and all of the bulk dimensions and everything else are accurately shown and the Board can grant relief based on these dimensions.

It was decided that the Board would continue with its Agenda and the applicant would decide in the meantime if they wanted to be heard later in the evening or come back next month.

Application #18-06 Thomas N. Ott & Choin Ma h/w, 9 First Avenue, Block 464 Lot 22, Use, Bulk and/or Special Condition Variance:

Atty. Robert J. Bavagnoli, of Bavagnoli & Bavagnoli, 12 Furler Street, Totowa, N.J. came forward on behalf of the applicants. Mr. Ott purchased the property approximately a year ago and at that time it was classified as a single family home. Mr. Ott just wants to make it a Two Family home and prior to his purchasing the home, the previous owners bought it as a two family and decided to use it as a one family.

Years ago it was a legal Two Family both on the tax records and utilities. The home has two kitchens up and down and two bathrooms.

Mr. Thomas Ott came forward and was sworn in by Atty. Faasse. Mr. Ott is a Professional Engineer and did prepare the site plan the Board has in front of them. Mr. Ott told the Board he’s been an engineer for about 12 years and has worked on transportation projects, site plans in New Mexico, New Jersey and New York City, License # 42422600. Mr. Ott explained when he bought the property he noticed evidence of Two Family utilities that were either removed or no longer functioning and when he bought the property they thought about converting it back to a two family and in order to do this the right way, they came to the Board. Atty. Bavagnoli said the people who sold the property to Mr. Ott, acquired both the first and the second floor of the property by separate deeds; there also are copies of separate bills and tax records. Submitted were two pages with four photos in total marked A-1 showing evidence of a Two Family utilities. On the second page of the photos, there is a photo showing two water connections, one active and one removed. Chairman Dunning mentioned that the Two Family use has been abandoned since 1981 according to the deed. Chairman Dunning summed up the application and said the applicant is here for a Two Family in an R-10 Zone and Atty. Faasse mentioned the lot is shy by approximately 5,000 sq. ft. and Chairman Dunning said 20,000 sq. ft. is the requirement. Eng. Gregor mentioned that the site is currently serviced by an underground septic system that is sized for one dwelling unit and there are sub-standard parking spaces. Atty. Bavagnoli said he was in contact with Health Officer Roy Stanley and he provided Mr. Stanley with a conceptual alteration plan of the septic to make it conform to a Two Family. Atty. Bavagnoli did receive a letter from Mr. Stanley that he would like to submit into the record tonight. The letter basically states that he agrees in concept with the alteration plan and he has no problem with it provided at a later date Frank Loscalzo Engineering submit the alteration plan.

Chairman Dunning asked Mr. Ott how does he plan on dealing with the parking issue. Mr. Ott said originally they had reached out to the adjacent property owner to purchase 15,000 sq. ft. to bring this into compliance and at that time they indicated they were not interested in selling. Recently, Mr. Ott asked again in order to purchase a 300 ft. sliver that would give him a 20 ft. wide driveway and 40 ft. deep and allow him to park four (4) cars on it and once again they said no. Mr. Ott reached out one more time to see if they would grant him an easement to allow him to back the cars over the property and again they said no. The best Mr. Ott can do to fit four (4) cars on this property is to provide 800 sq. ft. of paved area but the vehicles would have to be lined in nose first one behind the other. Mr. Ott said he went over this with his attorney and said if it was acceptable to the Board, he could propose a second driveway on the other side of the property where there is enough room to fit two vehicles.

Mr. Ott was asked if he was going to live in this house and he said no. Chairman Dunning asked Eng. Gregor if they went four deep with the parking, wouldn’t it be on top of the septic system? Eng. Gregor said it probably would be, but in any case he wouldn’t recommend it for the simple reason is that you would want each dwelling unit be able to get their cars out without disturbing the adjacent dwelling unit. Atty. Bavagnoli said that is why they came up with the idea of putting a second driveway on the opposite side of the house.

Member Ludwig asked if both floors were being rented and Mr. Ott said only the first floor is being rented out and he could not rent it as a two family.

Eng. Gregor added that there are two more variances required; a variance for each of the dwelling units being sub-standard in living space that is 814 sq. ft. and required minimum is 950 sq. ft.

Chairman Dunning asked Atty. Bavagnoli if he has a negative or positive criteria to support the Use Variance. Atty. Bavagnoli said he doesn’t see any negative criteria and in terms of positive this could generate more tax revenues for the town, another family which will go to the stores and make use of the town businesses, fixing up the exterior of the property and when there are two incomes coming in from the two units he’ll be able to do those things and maybe put on a new roof if necessary and siding to make it more esthetically pleasing.

Eng. Gregor asked if this application enhances or conforms to the current zoning plan and scheme of the Borough of Wanaque as outlined in the Master Plan. Atty. Bavagnoli answered by saying that this property is currently in the R-10 Zone and a Two Family is permitted in an R-10 Zone providing that it has 20,000 sq. ft. of property area and the applicant does recognize he only has 5,000 sq. ft. Atty. Bavagnoli also said, this goes back to the abandonment issue and they recognize they have to conform with the present zoning ordinances, however, if you look at the property and the layout of the first and second floor, clearly it was a Two-Family at one time, and while the prior owners may have abandoned it the applicant is doing the best he can with what he has. Member Ludwig asked the applicant if he is currently paying a sewer bill and Mr. Ott said no and that he is on septic. Mr. Ott did ask about connecting to the sewer system at the direction of Eng. Gregor from the last meeting, and he did receive a letter and a diagram indicating where the nearest sewer would be; it’s an 8” PVC on Ringwood Avenue. Mr. Ott said he would have to go underneath the streams in order to connect to it and based on gravity and slopes he doesn’t think he can do it. Member Covelli explained to the Board the procedures in Wanaque are, that if you cannot gravity feed to the sanitary or if you would require to use a grinder and/or ejector pump, they’re not required to hook up.

Member Grygus said that maybe it would be better for the owners of this building to revamp the two floors and make it one livable dwelling unit as oppose to creating two sub-standard dwelling units. Mr. Ott said making it into a Two-Family would bring in two rental incomes that would offset his mortgage.

Mrs. Ott came forward and was sworn in by Atty. Faasse. Mrs. Ott told the Board they bought the house over a year ago and tried to comply with the town’s regulations. Mrs. Ott said they have been working hard in the past few months to get the money to fix the house and try to buy some additional property from the neighbor. When they saw the house they thought it was a Two-Family because it had two kitchens and everything was set up as a Two-Family.

OPEN TO PUBLIC DISCUSSION: None/Closed

Atty. Bavagnoli summed up by saying, his client just wanted to do things the right way and that’s why they’re are here tonight. They’re willing to work with the Board in any way that the Board sees fit and understand that there are issues with the property but they’re just going with what they have. If they have to rip out the kitchen, bathroom etc. on the second floor, financially it would be a heavy burden on the applicants. Atty. Bavagnoli doesn’t see any negative criteria here but in fact sees a positive criteria for economic effect for the town both in tax and business revenue. He realizes the parking is a concern and the applicants are willing to put in a second driveway. They would also be willing to landscape the property in whatever way the Board desires.

MOTION TO DENY APPLICATION: made by Member Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Leonard, Koning and Willse. Member Covelli not qualified.

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

Atty. Warren Stillwell came forward and asked for this application to be carried to the January 3, 2007 Meeting. Atty. Faasse reminded Atty. Stillwell to get the corrections to Eng. Gregor before Christmas.

The application will be carried to the January 3^rd 2007 Meeting and Atty. Stillwell gave the Board an extension through and including their regular scheduled meeting in February.

Eng. Gregor asked Atty. Stillwell to address in a letterform and copy the Board, the issues of the roadway, recycling facility and anything else that might be pertinent.

MOTION TO CARRY APPLICATION TO THE JANUARY 3, 2007 MEETING: made by Member Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and Willse.

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

Atty. Darryl Siss came forward on behalf of the applicant. Atty. Faasse mentioned that Member Hoffman came in and listened to the November Meeting Tape and Member Leonard came in and listened to the October Meeting Tape and affidavits were signed by those two Members.

Atty. Siss said a letter was submitted from the Volunteer Fire Department clarifying that the applicant would widen Gorge Drive to 20 feet (15 foot of pavement and 2.5 feet of shoulder stone on each side).

Eng. Gregor had asked the applicant to provide some detail on the sewerage ejector and Atty. Siss said his client contacted William J. Kelly, PE for the Wanaque Sewerage Authority and a letter was provided by Eng. Kelly stating the specifications and drawing of the existing manhole and how the pipe will come into that. Eng. Kelly marked a drawing indicating he would like the pump to be located in the basement as oppose to a pit outside on the front lawn.

The last issue, Atty. Siss said, was the details on the road improvements. The last plans submitted, on Page 3, the latest revision date of November 15, 2006 and contains a detail on the lower left hand side of the roadway. None of the members or secretary had this plan. Eng. Gregor asked that when the revised plan is submitted, just attach to it the details of the sanitary system.

Member Leonard said he drove over to the site and said there are mounds of rock and dirt on the property and wanted to know where that came from. Mr. DeDiminicantanio said he’s building a Two-Family house around the block and had excess dirt and brought it over to this site. Member Leonard also wanted to know if the neighborhood ever done a petition to have the road improved. Mr. DeDiminicantanio said the road was improved once and pavement was put in by the town. Mr. DeDiminicantanio said he was going to pave in front of the adjoining property as well as his own property.

OPEN TO PUBLIC DISCUSSION: None/Closed

Atty. Siss added, that they are only re-adjusting some lot lines and its an improvement and are giving some property to the neighbor to improve a bad situation with the driveway. An adjustment is being done of a common lot line between the properties to take a long thin lot and make it into a buildable lot.

Atty. Faasse asked Atty. Siss if the applicant were successful in his application how do they intend to perfect the subdivision. Atty. Siss said he would prefer to do it by sub-division deed and will provide copies of deeds for each of the properties and the descriptions will be by their surveyors.

MOTION TO APPROVE APPLILCATION WITH THE FOLLOWING VARIANCES: A USE VARIANCE FOR THE NEW LOT 10 TO CONSTRUCT A SINGLE FAMILY HOME IN AN RD-3 ZONE WHICH IS NOT PERMITTED BY ORDINANCE, BULK VARIANCES WILL BE AS FOLLOWS: THE PROPOSED NEW LOT 6 WILL REQUIRE A VARIANCE FOR LOT DEPTH WHERE 89 FT. IS BEING PROVIDED WHERE 120 FT. IS REQUIRED BY ORDINANCE AND WILL REQUIRE A 31 FT. VARIANCE, PROPOSED NEW LOT 6 WILL REQUIRE A VARIANCE FOR REAR YARD SETBACK THE APPLICANT IS PROVIDING 35 FT. WHERE 40 FT. IS REQUIRED BY ORDINANCE THUS REQUIRING A 5 FT. VARIANCE, THE PROPOSED NEW LOT 9 WILL REQUIRE A VARIANCE FOR SQUARE FOOTAGE WHERE 10,000 SQ. FT. IS REQUIRED BY ORDINANCE AND THE APPLICANT IS PROVIDING 9,101 SQ. FT. WHICH REQUIRES A 899 SQ. FT. VARIANCE FOR LOT SIZE, THE PROPOSED NEW LOT 9 WILL REQUIRE A VARIANCE FOR FRONT YARD SETBACK OF 15 FT. WHERE 30 FT. IS REQUIRED BY ORDINANCE WHICH REQUIRES A 15 FT. VARIANCE, THE PROPOSED NEW LOT 10 WILL REQUIRE A VARIANCE FOR A LOT DEPTH OF 88.5 FT. WHERE THE APPLICANT IS PROVIDING 88.5 WHERE 120 FT. IS REQUIRED BY ORDINANCE WHICH REQUIRES A 31.5 FT. VARIANCE, THE PROPOSED LOT 10 IS A REAR YARD THAT THE APPLICANT IS PROPOSING 35 FT. SETBACK WHERE 40 FT. IS REQUIRED BY ORDINANCE WHICH WILL REQUIRE A 5 FT. VARIANCE, AND A FRONT YARD VARIANCE WHERE THE APPLICANT IS PROVIDING 25 FT. WHERE 30 FT. IS REQUIRED WHICH REQUIRES A 5 FT. VARIANCE, THE PROPOSED NEW LOT 11 WILL REQUIRE A VARIANCE FOR A FRONT YARD SETBACK OF 23 FT. THE APPLICANT IS PROVIDING INSTEAD OF 30 FT. WHICH A VARIANCE OF 7 FT. IS REQUIRED, THERE WILL BE A CONDITION THAT THE APPLICANT IS GOING TO PROVIDE A 15 FT. UTILITY EASEMENT ACROSS LOT 10 & 11, A STORM WATER MANAGEMENT PLAN TO PROVIDE THE MINIMUM WHICH IS 0 NET INCREASE TO STORM WATER RUNOFF, NO CO’S WILL BE ISSUED UNTIL THE ROAD IMPROVEMENTS ARE COMPLETED OR BONDED AND THAT THEY OBTAIN PERMISSION FROM THE BOROUGH OF WANAQUE TO DO ANY WORK IN THE ROAD THAT IS NORMALLY REQUIRED, THE APPLICANT SHALL SUBMIT DEEDS FOR EACH OF THE LOTS AND INCLUDING THE EASEMENTS FOR SIGNATURE BY THE BOARD SECRETARY AND CHAIRMAN: made by Member Grygus, seconded by Member Hoffman, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman and Ludwig.

Members Leonard and Willse voted no.

RECESSED AT 9:32 P.M.

RECONVENED AT 9:44 P.M. Everyone present as before the break.

Application #24-06 Robert Barrett, One Decker Road, Block 413 Lot 29, Bulk Variance:

Mr. & Mrs. Robert Barrett came forward and were sworn in by Atty. Faasse.

Eng. Gregor submitted a report dated December 1, 2006 and read the report to the applicants and the Board. Basically it said the applicants wish to construct a sunroom onto the front of an existing non-conforming 1½ story structure on a non-conforming lot. Eng. Gregor states that a Site Plan must be provided in accordance with Section 114-33 of the Borough Code. The site plan must be based on the signed and sealed survey of the property. Eng. Gregor said he had a call from the contractor and he faxed Eng. Gregor a marked up survey of what he proposes to do. Eng. Gregor advised him that the site plan that was received from the engineer who signed and sealed it had a note that said “This sketch is for reference only and no actual survey was completed and none is implied. This sketch is intended to indicate the approximate location of the sunroom relative to the existing structure.” Eng. Gregor tried to explain to the contractor that the Board grants specific variances not approximate and that the information is insufficient for the Board to make an informed decision.

Mr. Barrett told the Board he was in front of the Board about a year ago and the architect involved didn’t renew his license, therefore, the application was withdrawn. Mr. Barrett submitted pictures he took of his house and super imposed a sunroom on in order to see what it would look like. These pictures were handed over to the Board and put in his file.

Eng. Gregor said the dimensions shown on the sketch are incorrect and don’t make sense. Eng. Gregor had a conversation with the contractor about the dimensions and the contractor agreed with Eng. Gregor that the dimensions don’t make sense. Mr. Barrett wanted to know what dimensions Eng. Gregor is talking about. Eng. Gregor said it’s the 21 ft. and the 20’6”. Chairman Dunning said the applicant is asking the Board for a variance, but if these numbers are incorrect, therefore, what is the variance number going to be if these numbers are wrong.

Chairman Dunning said the question is do they proceed with this application tonight and stop until they get some documentation to prove the proper numbers or just wait for the numbers and deal with the facts. Atty. Faasse agreed that the Board should wait for the correct numbers. Mr. Barrett said this application has taken over a year just to get an enclosed porch so he can breath. Mrs. Barrett explained that her husband has emphysema and needs to be in the sun and he can’t walk in the cold air, therefore the sunroom would provide him with what he needs. Chairman Dunning asked Eng. Gregor if he tried to contact the Engineer from Michigan, Robert A. Walz. Eng. Gregor said no and requested Mrs. Barrett to have the engineer call and he could tell him specifically what the Board needs and why. Unfortunately, Eng. Gregor did not get a call from the engineer.

Atty. Faasse told the applicants that the Board is going to carry the application to the next meeting and that more than 10 days before the next meeting (before Christmas) they will have to get a revision of the drawing showing the distance between the proposed sunroom and the property line.

Eng.Gregor asked if the Board is waiving the requirement for the Site Plan as mentioned in his report and the Board agrred.

PUBLIC DISCUSSION: David DaSilva, 108 Monroe St., Haskell came forward. Mr. DaSilva wanted to know what the Verizon Application is about. Atty. Faasse said it’s an application to install a wireless antenna and associated equipment boxes on the Golden Agers property.

Resolution on Application #20-06 Steven & Michele Bloom, 9 Toquet St., Block 403 Lot 105, Bulk Variances:

MOTION TO APPROVE: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and Willse. Member Hoffman was not qualified.

Resolution on Application #21-06 Shree Badha Shivam, L.L.C. (Holiday Inn Express), 303 Union Avenue, Block 468 Lot 3.01,Use Variance:

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

CORRESPONDENCE: No questions asked.

VOUCHERS: submitted by Atty. Faasse for services rendered for October, November & December for $900.00, Special Meeting $300.00, Resolution on Application #20-06 Bloom for $135.00, Professional Services for #21-06 “Holiday Inn” $690.00, Resolution for Application #21-06 “Holiday Inn” for $480.00, Professional Services for “Water’s Edge” $210.00, Professional Services for Application #11-05 Santoro for $240.00, for a Grand Total of $2,955.00.

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

VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #23-06 for “Realty Associates” (Rhinesmith Building), for $187.50, services rendered for October, November, December and Special Meeting for $1200.00, for a Grand Total $1387.50.

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

MINUTES: from September 6, 2006 Meeting sent out and done professionally. Chairman Dunning said there was an error on Page 96 the stenographer said the break was from 8:34 P.M. to 9:44 P.M. which is incorrect. It should have been 8:34 P.M. to 8: 44 P.M. Also Minutes from the November 1, 2006 Meeting.

MOTION TO APPROVE: made by Member Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members Grygus, Covelli, Ludwig, Leonard, Koning and Willse. Member Hoffman could only approve September Minutes only.

ENGINEER’S REPORT: Chairman Dunning said there is a new application that was passed out this evening on Orchard Street and will be on the January Agenda.

The other application is the Rhinesmith property application. Eng. Gregor said he is recommending that the application is incomplete because of a number of deficiencies and Eng. Gregor sent a letter to the applicant’s attorney. Chairman Dunning advised Eng. Gregor to call the attorney to make sure he received his report.

Atty. Faasse said the Board should make motion to set the date for the Reorganization & Regular Meeting for January 3, 2006 and invite the Mayor to attend. The Secretary will comply with the Open Public Meetings Notice Act. Member Covelli asked Atty. Faasse if the Board was going Fair & Open or going alternative to Fair & Open. Atty. Faasse said he received a notice from Tom Carroll, Borough Administrator and he wants to go Fair & Open.

Member Covelli wanted to publicly thank the Board’s Professionals for the fine work they did in the year 2006.

MOTION THAT ON JANUARY 3, 2007 THERE WILL BE A REORGANIZATION MEETING AT 7:30 P.M. AND THE REGULAR MEETING WILL FOLLOW AT 8:00 P.M. AND THE SECRETARY WILL ADVERTISE IN ACCORDANCE WITH THE PUBLIC MEETINGS ACT: made by Member Grygus, seconded by Member Willse, carried by a voice vote.

MOTION TO ADJOURN AT 10:40 P.M.: carried by a voice vote.

_______________________________

Gerri Marotta

Board of Adjustment Secretary