BOARD OF ADJUSTMENT
MEETING
BOROUGH OF WANAQUE
MINUTES
April 5, 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 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 Frank Covelli, Peter Hoffman, Don Ludwig,
Ed Leonard, Art Koning, Eric Willse, Attorney Ralph Faasse and Engineer William
Gregor.
MEMBERS ABSENT:
Members William Grygus and Ted Roberto.
Application #04-06 Ringwood
Park Plaza
Realty, LLC, (CVS Pharmacy), 1102 Ringwood Ave., Block 438 Lot 1.01 Commercial Variance:
This
application was inadvertently left off of tonight’s agenda.
Eng. Gregor said the applicant’s
surveyor told him they were going to prepare an “As Built” and hasn’t received
anything as of yet. Chairman Dunning would like a letter sent to the applicant
informing them the Board is still waiting for their “As Built Drawing Site
Plan” and if its not received by April 20th the application will be
dismissed.
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Covelli, voting
yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Koning
and Willse.
Application #19-05 Biggio Brothers, Inc., 835 Ringwood Ave.,
Block 306 Lot 7 Site Plan, Commercial &
Use Variance:
This
application has been put in an in-active status until June 7, 2006.
Application #03-06 Robert Barrett, One Decker Rd., Block 413 Lot 29 Bulk Variance:
Mrs.
Barrett sent the Board Secretary a letter asking to be carried to the May 3rd
Meeting because there’s been a problem with their engineer’s license. Chairman
Dunning told the Board Secretary to send the Barrett’s a 90-Day Extension Letter, otherwise, the application will be dismissed without
prejudice.
MOTION TO GRANT A 90 DAY EXTENSION: made by Member Ludwig, seconded by Member Covelli,
voting yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard,
Koning and Willse.
Application #07-06 Eric J. & Kathleen Miceli, 20
Stephens Lake Road, Bulk Variance:
The
Board Secretary received a letter from Mr. & Mrs. Miceli asking to be
carried to the May 3rd Meeting because they need more time to get
their engineering data together.
MOTION TO CARRY TO THE MAY 3RD MEETING: made by Member Ludwig,
seconded by Member Covelli, voting yes were Chairman Dunning, Members Covelli,
Hoffman, Ludwig, Leonard, Koning and Willse.
Application #02-06 “Wanaque Landscaping & Garden
Supply”, 1434 Ringwood Ave.,
Block 478 Lot 3 Interpretation of Zoning
Ordinance of the Borough of Wanaque.
This
application was heard at a Special Meeting on Wednesday, March 29, 2006 and
they are here tonight to finish up the application.
Atty.
Jerome Vogel of the law firm of Jeffer, Hopkinson & Vogel, 1600 Route 208
N, Hawthorne, N.J. 07507
came forward on behalf of his client. Atty. Vogel explained at the end of the
special meeting and all testimony was given, a discussion about description of inventory was requested
by the Board for the “Certificate of Non-Conforming Use” and Atty. Vogel
compiled a description and forwarded it on to Eng. Gregor and Atty. Faasse.
Chairman Dunning said he has a problem with the list such as the words
fabrication, equipment, machinery and fixtures. Atty. Vogel said fabrication
was testified by Mr. Storms (owner of company) that he had pieces of equipment
there that fabricated fences, he indicated that he
mixed concrete and that’s why Atty. Vogel used the word fabrication for
building, landscaping, gardening and fencing. Chairman Dunning said the word
fabrication is too generalized and would allow Mr. Storms to expand the
business or any future owner in any direction they want. Atty. Vogel said if
the Board wants to put in no heavy equipment, or some defining word that’s very
clear to limited, Atty. Vogel doesn’t have a problem. Chairman Dunning’s
concern is that in the future some larger equipment could be sold than what’s
there now. Chairman Dunning said this list has to be defined to basically cover
what Wanaque Building Supply sells today. Atty. Vogel
said, maybe a statement at the end of the “Certificate” saying it’s not
intended to increase the nature of the items that are sold for instance;
equipment does not include that equipment not previously sold such as heavy
equipment, backhoes or anything else the Board wants to take out of it. Atty.
Vogel suggested the wording: “that shall not include fabrication does not mean
the construction of trusses, it does not mean heavy equipment such as Bob Cats,
Backhoes etc.” and put as many things in the wording the Board feels
comfortable with. Eng.
Gregor asked Mr. Storms if there is anything else he fabricates besides fences? Mr. Storms said they fabricate wooden fence
materials and also some metal fence parts such as gates for chain link fences.
Sometimes people come into the lumberyard and want certain things cut out. Mr.
Storms said, basically fabricating of fence parts is about all they actually
do. Atty. Vogel suggested taking out the word fabrication if that is offensive
to the Board and put in a word like assembly of fences and excluding heavy
machinery and equipment or large machinery and equipment.
Member
Covelli came up with a list such as; The Retail and Wholesale activities
normally related to the supply and sale of Building, Landscaping, Gardening,
Fence Materials, the activities to include the supply and sale of Hardware,
Tools, Fixtures, Appliances, Lumber, Drywall, Decorative Stone, Masonry
Supplies, Glass, Plumbing, Landscaping, Electrical, Paint and related
activities.
OPEN TO PUBLIC DISCUSSION: None/Closed
MOTION TO APPROVE INTERPRETATION OF ZONING ORDINANCE OF
THE BOROUGH OF WANAQUE THAT THIS BOARD AFFIRMS THE APPLICANT’S DETERMINATION
THAT THE USE WHERE WHOLESALE SALES ARE NOT PERMITTED IN THE B-1 ZONE AND
THEREFORE A CERTIFICATION FOR USE OF A NON-CONFORMING PRE-EXISTING USE ON THE
PROPERTY HAS BEEN ASKED THAT THIS BOARD GRANT SUCH CERTIFICATION BASED ON
TESTIMONY PRESENTED BY THE APPLICANT AN AGREEMENT IN THE TERM THAT THE PROPERTY
IS USED FOR RETAIL AND WHOLESALE AND ASSOCIATED ACTIVITIES NORMALLY RELATED TO
THE SUPPLY AND SALE OF BUILDING, LANDSCAPING, GARDENING AND FENCE MATERIALS.
THE ACTIVITIES TO INCLUDE THE SUPPLY AND SALE OF HARDWARE, TOOLS, FIXTURES,
APPLIANCES, LUMBER, DRYWALL, DECORATIVE STONE, MASONRY SUPPLIES, GLASS,
PLUMBING, LANDSCAPING, ELECTRICAL, PAINT AND RELATED ACTIVITIES: made by Member Covelli,
seconded by Member Willse, voting yes were Chairman Dunning, Members Covelli,
Hoffman, Ludwig, Leonard, Koning and Willse.
Atty.
Faasse asked Atty. Vogel if he was going to order a transcript of tonight’s
hearing and also send Atty. Faasse a copy of the proposed certificate. Atty.
Vogel said he was going to order the transcript and also put together a volume
that has the transcript and all the photographs that were submitted and a
proposed certificate.
Application #15-05 Theodore Di Laura, 10 Whistler Place, Block 458 Lot 20, Bulk & Use Variance:
Mr.
Di Laura came forward. Member Covelli
mentioned to the Board that Whistler Place is slated for a complete reconstruction
by the Borough and the Sewer Authority has gone on record that they will be
reconstructing the sewer line on that street.
Eng. Gregor said the drawings have
been revised and all the variances are listed as in his report of February 28,
2006. Chairman Dunning asked Mr. Di Laura if he had anything new to add and Mr.
Di Laura said no.
Member
Willse asked how far is the roof going to stick out over the building?
Mr. Di Laura said it’s going to cover the steps. Chairman Dunning asked Mr. Di
Laura if he had anything more to add and also asked Mr. Di Laura if he
understood Eng.
Gregor’s comments about the seepage pits. Mr. Di Laura said he did not. Eng. Gregor
explained to Mr. Di Laura that he is adding additional roof area to the
structure that is going to increase the impervious surface and additional
driveway pavement. Eng.
Gregor recommended to take the roof drains from the dwelling
and pipe it into underground seepage pits that will be designed by Mr.
Di Laura’s engineer to compensate the increase storm-water runoff so it doesn’t
add to the storm-water flooding in the neighborhood.
OPEN TO PUBLIC DISCUSSION: None/Closed
MOTION TO APPROVE THE EXPANSION OF A NON-CONFORMING USE WILL REQUIRE A USE
VARIANCE WITH THE BULK VARIANCES OF 10.2 FEET FRONT YARD TO FIRST AVENUE, FRONT
YARD OF 25.1 FEET TO FRANKLIN PLACE, FRONT YARD OF 16.9 FEET TO FIRST AVENUE,
AND ALL ISSUES IN ENG. GREGOR’S REPORT OF FEBRUARY 28TH TO BE
COMPLIED WITH, SUBJECT TO REVISION OF THE DRAWINGS AND CALCULATIONS TO SHOW THE
SEEPAGE PITS: made by
Member Ludwig, seconded by Member Leonard, voting yes were Members Covelli,
Hoffman, Ludwig, Leonard, Koning and Willse. Chairman Dunning voted no.
Application #06-06 Paul Puccio, 45 Grove Street, Block 240 Lots 15 &
18 Minor Subdivision & Bulk Variance:
Joseph
Rotolo, Esq., 50 Summit Ave., Hackensack, N.J. came forward on behalf of his
client. Atty. Rotolo explained he is ready but obviously there is no time
tonight to be heard and would like to be carried to next month. His client is
getting married on April 30th and will be on his honeymoon
therefore, he will not be able to attend the May 3rd Meeting. Atty.
Rotolo said he will be at the May 3rd Meeting with the engineer who
also is a planner. Atty. Rotolo said he and his client would consent to
whatever extensions might be necessary.
MOTION TO CARRY APPLICATION TO THE MAY 3RD
MEETING: made by Member
Covelli, seconded by Member Ludwig, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig, Leonard, Koning and Willse.
RECESSED AT 9:20 P.M
RECONVENED AT 9:32 P.M. Everyone present as before the
recess.
Application #21-05 Mary Frances Fennelly & William
Fennelly, 6 Oak Street,
Block 425 Lots 13 & 14 Bulk Variance:
Attorney
Steven C. Schepis of Fiedler & Schepis, L.L.C., 504 Valley Road, Wayne, N.J. 07470 came forward on behalf of his
client. Atty. Schepis said they gave testimony at the February 1st
Meeting and then carried to March and time didn’t allow them to finish,
therefore, they are back tonight. At the prior meeting, Mr. Fennelly had
testified about his ownership of the property and testimony from Peter G.
Steck, P.P. and through Mr. Steck, the Board was introduced to Exhibits A 1
& A 2. A 1 is a planner’s report and A 2 is a copy of the original filed map by which the subject
lot was created. Back tonight is Planner Peter Steck in case anyone had
questions for him and also Engineer Patrick D. McClellan.
Engineer
Patrick McClellan, MCB Engineering Associates, 11 Furler St., Totowa, N.J. came forward and was sworn in by
Atty. Faasse.
Atty.
Faasse mentioned there was a memo from Captain William F. Sullivan dated March
2, 2006 from the Wanaque Police in which he said the police have no objections
for the proposed home on Block 425 Lots 13 & 14.
Eng. Gregor said he received new
plans this evening and asked Eng.
McClellan what the changes were. Eng. McClellan said only one change
was made to the revised plans. The original plans showed a proposed deck of 14’
X 8’ and the revised plans show the deck now to be 14’ X 5 ½’.
Atty.
Schepis asked Eng. McClellan to state his credentials and they are; 1989
graduate of N.J. Institute of Technology with a Bachelor of Science in Civil
Engineering, Licensed Professional Engineer in the State of N.J. since 1994,
and part owner of MCB Engineering Associates, LLC, License Number 38571.
Eng.
McClellan went on to say the property is located in the R-10 Zone, site is approximately
9,920 sq. ft., currently a vacant lightly wooded and overgrown property. The
property slopes from front to back and the elevation changes approximately 20
ft. from Oak Street
to the rear of the property. There’s approximately 100 ft. of frontage along
Oak Street and there is no municipal sanitary sewer in the vicinity and no
municipal storm sewer in the vicinity, and though there is a municipal water
main nearby, according to Superintendent of Water, George Kostro, in his 28
years of experience no connections have ever been permitted to that line.
Therefore, this project proposes a septic system design and an individual well.
Mr. Fennelly desires to construct a one-single family home, a footprint of 24’
X 48’, consisting of a full basement, two car garage front loading
approximately 20’ X 24’, first floor living space of 28 ‘ X 26’ and a second
story by 26’ X 48’. It will be a three-bedroom home, with the proposed septic
system to be situated in the rear of the property and proposed well in the front
of the property. The plan on the easel shows an area of disturbance of 10,106
sq. ft. and in order to accomplish the design they are requesting three (3)
variances that are outlined on the revised plan.
Eng.
McClellan went over Eng. Gregor’s report dated December 30, 2005. Eng. McClellan
had communications with Capt. Sullivan of the Police Department, Fire Chief
Scott Montigari and has had no negative reaction from either. They also asked for
comments from the Ambulance Squad but have been unsuccessful in getting a
response. Atty. Faasse recommended that
the applicant get a letter from the Fire Chief for the file with regard to
access to this property. A plan marked Exhibit A-4 was passed out showing Storm
Water Management Assessment, Soil Erosion and Sediment Control Notes. Chairman
Dunning asked Eng.
McClellan, that in his original submittal with two 4 ft. walls, how high is he
raising the property between the two walls? Eng. McClellan said raising the
property is the same, a total of 8 feet but its being done with two walls
instead of one single wall. The wall is doing two functions; one is to retain
soil to make up the grade difference, and the second function is that they
extended the top course of block 6 inches above the grade and located it by
extending it up the sideline to catch water coming down the side of the
property. The purpose is to collect water along the rear of the property and
the top of the wall is essentially all the same elevation. Chairman Dunning
said to Eng.
Gregor that a wall that high becomes an 8-foot fence. Eng. Gregor
said he believes it may require a variance for the height of the wall. A long
discussion continued about
the retaining walls and the water accumulation. Eng. Gregor
asked questions about the location of the pond liner (36 mil thick) where is that in relation to the wall and how far back from the
wall and septic system. Eng.
McClellan said the liner would be approximately 3 feet behind the wall and the
design will be done by a structural engineer. Eng. Gregor said he has some
concerns and would like to see the design of the proposed wall. Chairman
Dunning asked Eng. Gregor
what the recommended distance from the well to the septic should be and Eng. Gregor
said 100 feet. Eng.
McClellan said their distance is 50 feet because they can provide the proper
casement. Eng. McClellan also said the
nearest well they located is approximately 150 ft. from the corner of this
property and the rest of the properties in the vicinity are connected to
municipal water. Superintendent of Water, George Kostro, notified the applicant
that municipal water service is not available for this property. Chairman
Dunning asked if the deck was more than 4 feet off the ground and Eng. McClellan
said yes and is within the rear setback line.
Atty.
Schepis said one of the variances they are looking for is a front yard setback
of 20 feet whereas 30 feet is required and wanted to know from Eng. McClellan
what difficulties, from a practical sense, he would incur if he slipped the
house back further. Eng. McClelland said basically with this design, they work
with the back forward and with the soil logs they took they developed a septic
system as far back on the property as possible. From the septic field to the
home itself, because the septic would be lower than the lowest floor of the
home, they need a minimum distance of 15 feet and they are providing 15 ½ feet.
Eng. Gregor asked Eng. McClellan if he designed the septic field
and Eng.
McClellan said yes. Eng.
Gregor asked if he had any concerns with the current storm water design and
would he be violating any of the DEP standards for septic fields? Eng. McClellan
said the revised plan relieves any concerns he would have had and what they are
able to accomplish is by creating more horizontal space was to properly swale
around the septic field. Also, by utilizing the top of the wall to spread the
water out, is not that its going to act as a detention pond, they’re talking
about a couple of feet from the top of the wall and if the stone is high enough
to the surface that water would get into the ground on the downhill side of the
septic field. Therefore, Eng.
McClellan doesn’t have any concerns with the revised design.
Eng.
Gregor asked Eng. McClellan, what his plan is doing, he is not detaining or
storing the additional storm water that he’s generating on site, but is making
sure its not concentrated and Eng. McClellan said that was correct. Eng. McClellan suggested providing some velocity
calculations to Eng.
Gregor. Eng. McClellan assumes no water going behind the wall, everything going
over the top and then down. Eng. McClellan explained also that they don’t have
the option of a drywell, the septic codes do not permit that here, therefore,
another alternative to mitigate what they are proposing. Eng. McClellan will provide to Eng. Gregor the
calculations that show what he calls a minimal increase and also calculations
to describe the characteristic of what that flow will be.
Chairman
Dunning asked Eng. Gregor if
the applicant needs a variance from the Slope Ordinance and Eng. Gregor
said he will research the Slope Ordinance.
Carlo
Coppa, Esq. for Application #11-04 Cosimo & Teresa Santoro came forward and
apologized for interrupting and said he didn’t think the Board would get to his
clients this evening and asked to be carried to the May 3rd Meeting.
MOTION TO CARRY SANTORO APPLICATION TO THE MAY 3RD
MEETING: made by Member
Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig, Leonard, Koning and Willse.
Board
returned to Application #21-05 Fennelly.
Peter
G. Steck, P.P. came forward. Mr. Steck was sworn in at the February Meeting.
Eng. Gregor asked Mr. Steck if he knew how many homes are serviced by Oak
Street and Mr. Steck said he didn’t know but it could be about a half of dozen.
Eng.
Gregor asked him if he felt a 10-12 foot roadway is sufficient access for a
half of dozen or a dozen homes? Mr. Steck said he
thinks the question rides on whether there is a shoulder and one solution would
be a one-way road system instead of a two way. He went on to say that the
municipality’s professionals, in terms of police, seems
to have no problem with getting access. It is inconvenient if you have a car
facing another car, then the question is what’s the condition
of the shoulder. One solution would be a one-way road system and he
doesn’t think one more dwelling on that road, if it’s properly designed, will
make a difference. Mr. Steck said this is a buildable
lot simply because the applicant is proposing a permitted use and adhering to
the side and rear yard setbacks and has also inquired about purchasing
additional property. Therefore, it seems to him, that this applicant is
entitled to reasonable use of this property that is a single-family house. Eng.
Gregor addressed Mr. Steck and said, he would like to know if the road as it currently
stands, is it suitable for this house in his professional opinion? Mr. Steck
said if the town’s professionals who operationally handle the neighborhood, if
they believe they can adequately protect the neighborhood at this time, in his
judgment, one additional dwelling is not going to be the tipping point.
Atty.
Faasse added that he is correct with his assessment of the ordinance but there
are also other provisions in the MLUL that says a lot, whether its undersized or whatever, has to front on an improved road
and this lot doesn’t. Atty. Faasse went on to say that the Board does not have
any comments from the Fire Department or the First Aid Squad, only the Police
Department.
Atty.
Faasse reminded Eng.
McClellan that the revised plans have to be filed more than 10 days before the
next meeting.
MOTION TO CARRY APPLICATION TO THE MAY 3RD
MEETING: made by Member
Ludwig, seconded by Member Covelli, voting yes were Chairman Dunning, Members
Covelli, Hoffman, Ludwig, Leonard, Koning and Willse.
Atty.
Schepis told the Board he is giving the Board another 90 days, until June 30,
2006 to complete this application.
PUBLIC DISCUSSION: None/Closed
RESOLUTION ON APPLICATION #20-05 Steven & Rebecca
Abma, 38 Furnace Ave., Bock 220 Lot 7, Bulk Variance:
MOTION TO APPROVE: made by Member Covelli, seconded by Member Koning, voting
yes were Chairman Dunning, Members Covelli, Hoffman, Leonard, Koning and
Willse. Member Ludwig not qualified.
CORRESPONDENCE: No questions asked.
Chairman
Dunning reminded Member Ludwig that he has 14months to catch up with the 2006
Winter/Spring Certified Training Courses for Members of Planning Boards &
Zoning Boards of Adjustment.
VOUCHERS: submitted by Atty. Faasse for
General Expenditures for Jan., Feb., March, and April for $1,000, Special
Meeting Attendance for $ $250.00, Resolution on Application #20-05 Abma for
$125.00, for a Grand Total of $1,375.00.
VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #07-06
Miceli for $390.50, Application #11-05 Santoro for $388.50, Application #06-06
Puccio for $253.50, for a Grand Total of $1032.50.
MOTION TO APPROVE: made by Member Ludwig, seconded by Member Hoffman, voting
yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Koning
and Willse.
MINUTES : from the March 1, 2006 Meeting.
MOTION TO APPROVE: made by Member Covelli, seconded by Member Ludwig, voting
yes were Chairman Dunning, Members Covelli, Hoffman, Ludwig, Leonard, Koning and
Willse.
DISCUSSION: None
MOTION TO ADJOURN: at 11:04 P.M. with
a voice vote.
_________________________
Gerri
Marotta
Board
of Adjustment Secretary