BOARD OF ADJUSTMENT MEETING
BOROUGH OF WANAQUE
MINUTES
March 1, 2006
Salute to Flag:
This is a Regular Meeting of the Wanaque Board of
Adjustment and adequate notice has been duly advertised by the mailing of a
notice to the Suburban Trends and the Herald & News on the 6th
day of January 2006 and a notice has been posted on the bulletin board in the
Municipal Building and a copy thereof is on file with the Borough Clerk.
ROLL CALL: Chairman Jack Dunning, Members William
Grygus, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Eric Willse,
Attorney Ralph Faasse and Engineer William Gregor.
MEMBERS ABSENT: Ted Roberto and Art Koning.
Application #11-05 Cosimo & Teresa Santoro,
MOTION TO CARRY APPLICATION TO THE APRIL 5TH
MEETING: made by Member Ludwig, seconded by Member Covelli, voting yes were
Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard and Willse.
Application #19-05 Biggio Brothers, Inc., 835 Ringwood
Ave., Block 306 Lot 7, Site Plan, Commercial & Use Variance: Atty.
Faasse said there is a letter from Atty. James Gregory asking for this
application be carried due to the fact the easement situation with the neighbor
and the environmental issue has not been resolved. The applicant’s attorney
would like the Board to put this application on an in-active list and he would
consent that if it were to be reactivated he would have to give notice. It was
decided to keep the application on an in-active list for 90 days. Atty. Faasse
told the Board Secretary when she puts this application on the Agenda, she
should make note that this is an in-active application.
MOTION TO PLACE APPLICATION ON AN IN-ACTIVE LIST FOR A
PERIOD OF 90 DAYS WITH THE PROVISION IF IT SHOULD COME BACK ONTO THE ACTIVE
LIST THE APPLICANT WILL HAVE TO RE-NOTICE AND APPLICATION WILL BE CARRIED TO
THE JUNE 7TH MEETING: made by Member Ludwig, seconded by Member
Hoffman, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman,
Ludwig, Leonard and Willse.
Application #02-06 “Wanaque Landscaping & Garden
Supply”,
Atty.
Faasse said, Atty. Vogel knowing the great amount of work on the schedule this
evening has decided to have a “Special Meeting” and pay the fee. The
availability of the courtroom is for Wednesday, March 29, 2006 at 8:00 P.M.
This date is fine with Atty. Vogel and the Members of the Board. The Board
Secretary will comply with the “Sunshine Act” Open Public Meetings Act. Member
Grygus announced he will not be able to attend this meeting.
MOTION TO CARRY APPLICATION TO A “SPECIAL MEETING” ON
WEDNESDAY, MARCH 29TH AT 8:00
P.M.: made by Member
Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members
Grygus, Covelli, Hoffman, Ludwig, Leonard and Willse.
Application #03-06 Robert Barrett, One Decker Rd.,
Block 413 Lot 29, Bulk Variance: The Board Secretary received a letter
dated February 26, 2006 from Mr. & Mrs. Barrett asking to carry the
application to the April 5, 2006 Meeting because the contractor has not yet
provided the additional information that has been requested by Eng. Gregor.
MOTION TO CARRY APPLICATION TO THE APRIL 5TH
MEETING: made by Member Ludwig, seconded by Member Willse, voting yes were
Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard and Willse.
Application #04-06
MOTION TO CARRY TO THE APRIL 5TH MEETING
AND NEW PLANS TO SHOW THE EXACT LOCATION OF THE PROPOSED SIGN AND ALSO A NEW
OWNER’S AUTHORIZATION FOR THIS APPLICATION: APPLICATION: made by Member
Covelli, seconded by Member Grygus, voting yes were Chairman Dunning, Members
Grygus, Covelli, Hoffman, Ludwig, Leonard and Willse.
Application #10-05 David Donus,
Atty.
John Barbarula came forward along with
Chairman Dunning asked how far down do they have to blast
into the rock for the basement? Eng. Gardner said, the first floor elevation of
the lowest building is 111.5 and grade at that elevation is 104 and that is a
seven-foot change right there.
Eng. Gregor told Eng. Gardner, that on his Slope Map,
he’s showing disturbance in areas that are beyond the 15% and would
OPEN TO PUBLIC FOR QUESTIONS TO THE ENGINEER OR
EXPERTS;
Atty. Barbarula summed up by saying the area of the
grading variance is indicated on the plan and the only thing they don’t have is
the actual square footage. Atty. Barbarula would ask that the variance be
granted, should the Board be so inclined, as to what the plan is and they will
submit the actual calculations. Member Covelli said what happens if the
building has to be moved based upon the Fire Department’s comments. Atty.
Barbarula said he has to come back anyhow, but his argument is he did
everything humanly possible to get the Fire Department to do it and if one of
your departments does not respond to you, you cannot hold that against an
applicant. Atty. Barbarula said he would like to get the Use Variance now and
he thinks there’s sufficient information before the Board showing where the
Slope Variance would be and that its capable of being
granted subject to a final calculation. If for some reason before the
Resolution comes up and the Fire Department says these walls have to be move, then the applicant will have to come back on that.
Atty. Barbarula said this property is in the B Zone. This
property if it had a business that maximum size of the business would create
greater impervious coverage, greater traffic in and out and this is a very busy
thoroughfare. The Planner explained, when you have a residential site, the trip
generations that are based upon the number of people who live there, you have a
much less intense use. This property is a very unique piece of property that is
very large and the applicant is utilizing a very small percentage of it and
leaves the majority of this property as open space. There is no negative impact
with this proposal and will not adversely affect the people. The applicant has
changed the nature of the building from a straight railroad building to an L
shaped, excess parking and bigger spaces, moved and did everything the Board
requested of the applicant to make it easier for the Fire Department, moved the
dumpster back for greater access, and put more grass on the site. Atty.
Barbarula thanked the Board for their time, and asked the Board to grant a Use
Variance & Slope Variance.
MOTION TO GRANT THE TWO VARIANCES, THE USE & SLOPE
VARIANCE; THE SLOPE VARIANCE ON THE CONDITION THAT IT MATCHES THE ELEVATIONS ON
THE PLAN SUBJECT TO ENG. GREGOR’S REVIEW, CHANGES TO THE SITE PLAN AS PER TESTIMONY, THE SEWER
LINES BE INSTALLED AS PER TESTIMONY, ADD ENTRY TO BASEMENTS, CROSS SECTION BE
PROVIDED, IF & WHEN THE FIRE DEPARTMENT GETS BACK WITH THEIR REPORT AND
THEY DEEM CHANGES TO BE NEEDED THE APPLICANT WILL HAVE TO COME BACK TO THE
BOARD, ALL OUTSTANDING ITEMS IN ENG. GREGOR’S REPORT, AND NO POSSIBLE OTHER
SUBDIVISIONS IN THE FUTURE TO THIS PROPERTY: made by Member Ludwig,
seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus,
Covelli, Hoffman, Ludwig, Leonard and Willse.
RECESSED AT 9:16 A.M.
RECONVENED AT 9:25 A.M.
Application #20-05 Steven M. & Rebecca Abma,
Bulk Variance:
Attorney E. David Becker of Jeffer, Hopkinson &Vogel,
came forward on behalf of his client. This is a continuance of the January 4th
Meeting. The applicants are looking to construct a detached garage. The
applicants need a height variance 5 feet because they are exceeding the 15 feet
permitted by ordinance. The neighbors had comments at the January Meeting and
the applicant has made changes to his plan.
Atty. Becker said they reduced the height down to 20 feet
and still requires a variance. The floor to ceiling height on the second floor
is reduced to under 7’ 6”. The proposed bathroom has
also been removed and will have a slop sink for clean-up purposes only. The
location of the driveway has been changed. There was also some discrepancies
about lot lines in the whole neighborhood and Mr. Abma had his surveyor come
back to take another look and a new survey was submitted which enabled the
applicant to move the driveway to the other side and this driveway will be
paved as per ordinance. The new survey was done by DMC Associates Inc. dated
February 16, 2006 marked Exhibit A-6. A new site plan also was submitted marked
Exhibit A-7 from Gerald Gardner Associates dated February 14, 2006. Atty.
Becker said there was an error in the zoning data, the
total area change wasn’t shown on the site plan, and an error in coverage
calculation but they are not over the coverage calculation; this was marked
Exhibit A-8. Therefore, the only variance is the height variance. A new
Architectural Elevation Plan was submitted and marked Exhibit A-9 that shows
the reduced height as well as taking the bathroom out and the elevation inside
the second floor of a reduced floor to ceiling height. Also submitted were the
run-off calculations marked Exhibit A-10. The footprint of the garage has not
been changed only the height has been reduced.
Robert Cigol, N.J. Licensed Land Surveyor, License #40261, 211 Main St., Butler, N.J. came forward. Mr. Cigol testified he’s been a surveyor for 23 years in the State of N.J. and licensed with the state since 1995, principal owner of DMC Associates and is a 16 member firm in Butler, N.J. Mr. Cigol has testified before this Board on previous occasions, also Jersey City, Newark, Paterson, Kinnelon and Butler.
Mr. Cigol was retained by Mr. Abma back in June 2005 when
he purchased the property, to prepare a Title Survey for his closing. A few
months later Mr. Abma called Mr. Cigol and indicated that there was a concern
with the neighbors and position of the boundary lines. Mr. Boyce McGeoch,
Mr. Cigol said, Lot 7 has areas of confusion with
overlaps of the Cisco’s property which is Lot 1.02, and also Lot 1 has
overlaps, also owned by Mr. Cisco. Apparently the Cisco’s deed comes off of
OPEN TO PUBLIC:
Joseph Cisco owner Block 220 of
CLOSE TO PUBLIC:
Mr. Abma came forward and told the Board they decided to put the driveway back in the original location because of the results of the survey and by doing this they will be saving some trees. Mr. Abma said he intended on paving the driveway. Mr. Abma said he heard the concerns of the neighbors and the Board and the original proposal fit his needs and fit them well. Mr. Abma has compromised the height by bringing it down without compromising the actual structure. With the new plan, at the 20 ft. height, is as far as he can go without changing some of the pitches of the roof and allowing it to look presentable. As far as the bathroom, he has deleted that because of the concerns turning this into an apartment, which is not their intent. The garage has a man door but they removed the walls around the stairs and turned the stairs into drop-down stairs that discourages the use of the upper part to become habitable space. The ceiling height on the second floor before was basically a square room from corner to corner and they have brought the height of the roof down which now has given them slope on both sides into the storage area which is taking storage area away. The ceiling height has been brought down to 7’4” which is below what the International Building Code Section 1207 on Interior Space Dimensions Sub-Section 1207.2 it states “occupyable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7’6”.
Member Grygus asked
Chairman Dunning asked about the drainage calculations
and
OPEN TO PUBLIC:
Mr. Abma said with regard to Ms. Botbyl’s concerns, the west elevation is the side that looks at her house and actually what use to be a window is now a door on the second floor of the garage. Therefore, they will not be looking down at her home from a window because it is going to be a solid loading door.
Arlene Porter,
Member Grygus asked, is it safe to assume that what Mr.
Abma is doing is not going to negatively increase any additional run-off in
that area.
Jim Jordan,
Karen Cisco,
CLOSE PUBLIC PORTION:
Chairman Dunning told the people representing the Fennelly
Application #21-05, that the Board has a 10:30 P.M. cut off time and the Board
isn’t even finished with the present application. Therefore, the application
will be carried to the April 5th Meeting. The response was that they
already granted an extension of time. Chairman Dunning asked
MOTION TO CARRY FENNELLY APPLICATION #21-05 TO THE
APRIL 5TH MEETING: made by Member Grygus, seconded by Ludwig,
voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig,
Leonard and Willse.
Atty. Faasse asked Mr. Theodore Di Laura, Application
#15-05 to come forward. Atty. Faasse told Mr. Di Laura the Board would not be
able to hear his application tonight. Atty. Faasse asked Mr. Di Laura if he had
The Board is now back on the
Abma Application. Member Grygus asked
Mr. Abma to elaborate a little on why he can’t bring the height down of the
garage lower than 20 feet. Mr. Abma answered by saying you start getting into
roof pitches, and when you start coming too far you have to start putting
rolled roofs on and esthetically it will look a lot different and won’t look
right.
MOTION TO APPROVE APPLICATION #20-05 STEVEN & REBECCA
ABMA FOR A VARIANCE FOR AN ACCESSORY STRUCTURE WITH A HEIGHT OF 20 FT. INSTEAD
OF MAXIMUM HEIGHT OF 15 FT. BY ORDINANCE FOR A VARIANCE OF 5 FT.,
CONDITION FOR THE RECORD THAT THE
CALCULATIONS ON THE SEEPAGE PITS BOTH IN THE REAR AND THE FRONT WILL BE
VERIFIED BY ENG. GREGOR AND THAT ENG. GREGOR INDICATES THAT IT BE SUBJECT TO
SUCCESSFUL PERMEABILITY OF THE GROUNDS TO ACCEPT THE WATER AS WELL AS THE
CAPACITY OF THE TANKS TO HOLD THE RUNOFF, ALSO SUBJECT TO REVIEW AND APPROVAL
OF THE “HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL”, ARCHITECTURAL CHANGES
TO DOOR LAYOUTS ON THE GARAGE PLAN, REVISION SHOULD BE NOTED AND DATED ON THE
PLAN, DATE AND TITLE OF SURVEY HAS TO BE ADDED TO THE SITE PLAN AS A REFERENCE
AND DIMENSIONS TO THE STRUCTURE IN THE FRONT: made by Member
Covelli, seconded by Member Grygus, voting yes were Chairman Dunning, Members
Grygus, Covelli, Hoffman, Leonard and Willse.
Member Ludwig voted no.
PUBLIC DISCUSSION: None/Closed
RESOLUTIONS: None
CORRESPONDENCE: No questions asked.
MINUTES: from the January 4th Meeting on Page164
the address should be
MOTION TO APPROVE: made by Member Covelli, seconded by Member Ludwig, voting
yes were Chairman Dunning, Member Grygus voted yes for February and not
qualified for January, Covelli, Hoffman, Ludwig, Leonard and Willse.
VOUCHERS: submitted by Eng. Gregor for Engineering Services rendered for January,
February and March for $750.00, Application #04-04 Donus for $310.00,
Application #15-05 Di Laura for $209.00, Application #20-05 Abma for $247.50,
Application #04-06
MOTION TO APPROVE: made by Member
Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members
Grygus, Covelli, Hoffman, Ludwig, Leonard and Willse.
ENGINEER’S REPORT:
The
Board discussed the Fair & Open Act for a few minutes.
MOTION TO ADJOURN: at ll:15 P.M. with a voice vote.
__________________________
Board of Adjustment
Secretary