BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

 

MINUTES

 

REGULAR MEETING

April 4, 2007

 

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 12th day of January 2007 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 Bruce Grygus, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Art Koning, Eric Willse, Attorney Ralph Faasse and Engineer William Gregor.

 

MEMBES ABSENT:  Member Michael O’Hanlon

 

Application #26-06 Michael & Jennifer Golas, 24 Rock Ridge Road, Block 416 Lot 9, Bulk Variance:

Mr. Golas came forward and was sworn in by Atty. Faasse. New plans were submitted and  date stamped received March 23, 2007. Mr. Golas explained he is seeking an Add-A-Level with a 6-foot front porch. A site plan and an architecture plan have been submitted. Chairman Dunning asked Eng. Gregor to go over his report dated April 3, 2007 (all members have copies). Eng. Gregor started with Item #4; the existing lot is non-conforming in lot area and lot width, Item #5; the existing structure is non-conforming in front yard setback, side yard setback and total side yard setback, Item #6; the 6’ X 30.2’covered porch will require a variance for a front yard setback of 17.85 feet instead of the 30 feet minimum required by ordinance. A variance of 12.15 feet, Item #7 the 24’ X 30.2’ second floor addition will require a variance for a front yard setback of 22 feet instead of the 30 feet minimum required by ordinance. A variance of 8 feet, Item #8 the 24’ X 30.2’ second floor addition will require a variance for a side yard setback of 9.25 feet instead of the 15 feet minimum required by ordinance. A variance of 5.75 feet, Item #9 the 24’ X 30.2’ second floor addition will require a variance for a total side yard setback of 21.71 feet instead of the 35 feet minimum required by ordinance. A variance of 13.29 feet, Item #10 the existing shed and driveway encroach onto the neighboring property. This should be discussed with the Board.

Atty. Faasse asked how many bedrooms are there and how many will there be and Mr. Golas said right now there are two downstairs and two upstairs and when the addition is done there will be a total of four (4) bedrooms upstairs and a bathroom and no bedrooms downstairs. Chairman Dunning asked what the office on the first floor is used for and Mr. Golas said he is going to have a computer in there for personal use. Chairman Dunning also asked if the proposed 6-foot porch will blend into the neighborhood and Mr. Golas said there’s a home across the street that has one and is approximately 8 feet.

 

Atty. Faasse mentioned that Mr. Golas’s shed is partially on his neighbor’s property and Mr. Golas said he can move it and wanted the Board to know the shed was there in that place when he bought the house. Member Grygus asked Mr. Golas if he knew that he would be constructing over his water service line and sewer line and Mr. Golas said he knew that. Atty. Faasse asked who resided in the house and how old were his children and Mr. Golas said he and his wife and two children resided there and his children were 4 years old and 21 years old. Member Covelli asked if Mr. Golas attempted to buy any property from his neighbors to alleviate a variance and Mr. Golas said he did not.

 

OPEN TO PUBLIC DISCUSSION:  None/Closed

 

MOTION TO APPROVE APPLICATION FOR THE CONSTRUCTION OF A 6’ X 30.2’ FRONT PORCH AND A 24’ x 30.2’ SECOND FLOOR ADDITION WITH THE FOLLOWING VARIANCES: FRONT YARD SETBACK FOR THE FRONT PORCH 12.15 FEET WHERE THE APPLICANT IS PROVIDING 17.85 FEET WHERE 30 FEET IS REQUIRED BY ORDINANCE, A FRONT YARD SETBACK FOR THE SECOND FLOOR ADDITION OF 8 FEET WHERE THE APPLICANT IS PROVIDING 22 FEET WHERE 30 FEET IS REQUIRED BY ORDINANCE, A SIDE YARD SETBACK VARIANCE FOR THE SECOND FLOOR ADDITION OF 5.75 FEET WHERE THE APPLICANT IS PROVIDING 9.25 FEET WHERE 15 FEET IS REQUIRED ORDINANCE, A TOTAL SIDE YARD VARIANCE FOR THE SECOND FLOOR ADDITION OF 13.29 FEET WHERE THE APPLICANT IS PROVIDING 21.71 FEET WHERE 35 FEET IS REQUIRED BY ORDINANCE,  AND TO MOVE THE SHED 5 FEET OFF THE PROPERTY LINE; made by Member Grygus, seconded by Member Leonard, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and Willse.

 

Application #02-07 Judith Moglia, 4 Belvedere Ave., Block 206 Lot 54, Interpretation of Zoning & Use Variance:

Attorney A. Michael Rubin, 1330 Hamburg Tpke., Wayne, N.J. came forward on behalf of the applicant, Judith Moglia owner of the property and Mr. Naples who is the operator on the property. Atty. Rubin gave the Board a background on this property. The Moglia family has owned this property since around 1955 and in the early 1960’s the Naples family started using a portion of this property for commercial use being the parking of contractor’s equipment and/or landscaping equipment and have utilized it as a parking area to keep their equipment on the site for all these years from the early 1960’s to the present day. The Property Maintenance Officer, Robert De Staffen, served Ms. Moglia with a Notice of Abatement and that was sometime last year saying that it was regarded as a home occupation and that the business has to be carried on by a family member residing at a dwelling that’s in a residential zoning district. Mr. DeStaffen advised Ms. Moglia that she must have the business vacated from the property because it was in violation of the Zoning Ordinance. Atty. Rubin sent a letter to Mr. De Staffen in July 2006 advising him that this has been a commercial use of the property just in one little area of the site for a number of years and this is what is called a pre-existing non-conforming use. Atty. Rubin said the law says that if you have something prior to zoning taking effect and it is continuous all these years you have a vested right to continue that use and this is what Atty. Rubin advised Mr. De Staffen what was occurring here last summer in 2006 and also advised him that he believed the applicant was grand-fathered by being a pre-existing non-conforming use. Mr. De Staffen did not have information to the contrary and he did issue a summons to Ms. Moglia for having an illegal use on the property. After conferring a number of times with Mr. De Staffen they both agreed that the right place to have this matter was the Board of Adjustment. Atty. Rubin said he had an old copy of the Zoning Ordinance of the community and that the Borough is divided up into different zoning districts and it is cited that it was originally adopted January31, 1979. Atty. Rubin said that this is a valid pre-existing non-conforming use and have had this use existing on the site prior to 1979. If the Board does not agree that the applicant has a valid pre-existing non-conforming use, Atty. Rubin asks in the alternative for a Use Variance to allow the use to continue. Atty. Faasse asked Atty. Rubin if he communicated with the Borough Clerk to see if there was a Zoning Ordinance that pre-dated this particular one. Atty. Rubin said Ms. Moglia came to Borough Hall and tried to find it and she will testify to that.

Ms. Judith Moglia owner of 4 Belvedere Avenue, Wanaque, N.J. Block 206 Lot 54

Ms. Moglia came forward and was sworn in by Atty. Faasse. Ms. Moglia explained in the early 50’s her dad purchased the property from Serafino Garbarino and her father built a home on it for his wife and daughter. Her family has had ownership of this property since 1955 to the present day. Ms. Moglia said the Moglia family has been in Wanaque since the early  30’s and over the years her family and the Naples family has been friends. Atty. Rubin asked if a portion of this property was utilized for something other than a one family home. Ms. Moglia said over the years the Naples and Rhinesmith Family have been friends with the Moglia family and her dad and mom were very good friends with Dion Naples’ grandparents, the Rhinesmith’s, and continued that friendship over the years. Ms. Moglia explained that Dion Naples’ father Dennis and her went to high school together and he had a lawn business when they were teenagers. Ms. Moglia said Dion Naples took over the business when he became old enough to drive and has known him since he was 2 years old. Ms. Moglia can remember something always going on at the property; such as her dad having a shed on the property, and Dennis Naples having a backhoe and a truck on the property and that he got permission to keep this equipment on the property. Ms. Moglia explained when her mom passed away in the early 90’s, she became the sole owner of the property and the landscaping equipment continued to stay there. Atty. Rubin said, in the event that the Board does not find a pre-existing use, is she respectfully asking the Board to allow a Use Variance so that the use can continue and Ms. Moglia said yes.

Ms. Moglia said her father was the Building Inspector in Wanaque.

Eng. Gregor asked Ms. Moglia if she knew what was stored on the property back around 1979 when the Zoning Ordinance came into effect and she said she doesn’t remember.

 

William J. Darmstatter, Licensed Engineer and Land Surveyor in N.J., 202 Black Oak Ridge Rd., Wayne, N.J. came forward and was sworn in by Atty. Faasse.

Mr. Darmstatter said the site is approximately 28,700 sq. ft. where 15,000 are required and is Block 206 Lot 54 and is the last lot on Belvedere Avenue where the public roadway ends.

The house sits off on the left hand side and there is a driveway for the house on the left hand side of the property and the back of the property is accessed off the right hand side of the house. As you come in on the right hand side, the property is fairly level off to the right for approximately 80 or 90 feet and this is where the trailers and trucks are parked. After about 80 or 90 feet where the fence is shown on the site plan, the topography runs up fairly steep at that point and the northerly end of that section that goes off to the right is really unusable especially for parking any kind of vehicles. The trailers and the truck parking are shown on the plan lies between the sheds and up against the fence on the right hand side. Eng. Darmstatter said there are three (3) sheds and are shown on the plan. On the plan, there is something called “Dirt Pile” that is in front of the small shed and is just a mound of dirt and doesn’t appear to being utilized.  The vehicles come and go by pulling in off the right hand side of the house, turning around on site and then pulling straight out; these vehicles are parked on the locations that are shown on the site plan that has been filed with the Board of Adjustment. Eng. Darmstatter said there is no impervious surface where the parking is or the driveway that goes in and out and everything is on grass or soil.

Atty. Faasse asked if there were any curbs in front of the applicant’s residence and Eng. Darmstatter said there is no pavement at all. Atty. Faasse also asked if the trailers on site move or stay on site and Eng. Darmstatter said they are trailers that move. Eng. Darmstatter said the applicant provided the trailer locations and measurements because when Eng. Darmstatter was there doing his work the trailers were not there at that time. Eng. Gregor asked if the trailers that are shown on the plan are parked in the structures that look like portable garages. Eng. Darmstatter said they can be, but when he was out there the trailers were not there at that time. Eng. Gregor said, in addition to the three sheds shown on the plan, there is some type of structure in the area where the trailers and trucks are shown and Eng. Darmstatter said that is correct. Eng. Gregor also asked if the entire area was lawn with no gravel or pavement and Eng. Darmstatter said that is correct. Eng. Gregor wanted to know if the “Dirt Pile” referred to on the plan is vegetated or relatively new and Eng. Darmstatter said it’s lightly vegetated and wouldn’t call it new.

Atty. Faasse asked Eng. Darmstatter why the structures referred to as Quonset Huts, if they were there when he did the survey, how come they are not on the survey. Eng. Darmstatter said they are not permanent structures, therefore they weren’t put on the survey. Eng. Gregor asked about the two connections to the water service but none to the sanitary service. Eng. Darmstatter said they were painted in blue and he can’t tell what was under the ground. Ms. Moglia indicated to Atty. Rubin that her home is on sanitary sewer.

Member Covelli said there’s a fence on the property and Eng. Darmstatter described it as a  chain link fence that changes to a stockade, which goes from a 4 ft. chain link to a 6 ft. stockade and back to a chain link. Member Covelli asked when it was erected and Eng. Darmstatter did not know. Member Covelli also asked if Eng. Darmstatter notified the owner that the fence in certain sections was not on her property and Eng. Darmstatter said he did not and the plan speaks for itself. Member Covelli also asked Eng. Darmstatter, in his opinion do the vehicles as they enter to go into the rear of the property, drive close to the fence where they’re driving on the other person’s property? Eng. Darmstatter said it’s hard to tell and he couldn’t say it never happens.

Chairman Dunning asked Eng. Darmstatter what the distance is from the nearest townhouse to the truck location is. Eng. Darmstatter said he could scale it right now and he said its about 50 feet and Eng. Darmstatter added that that property sits lower than the applicant’s property.

 

OPEN TO PUBLIC DISCUSSION:

Thomas Bialik, B 3 Suburbian Village came forward. Mr. Bialik wanted to know how many trucks or trailers occupy this property overnight. Atty. Rubin answered and said he would have his witness speak to the owner about this. Eng. Darmstatter only put the number of trucks and trailers he was given and put them on the site plan.

Linda Nemeth, D 3 Suburbian Village came forward. Ms. Nemeth wanted to know what is kept in the structures/storage sheds on the property. Eng. Darmstatter said he doesn’t know what is inside the sheds.

Michael Nemeth, D 3 Suburbian Village came forward. Mr. Nemeth wanted to know the approximate square footage of these “Quonset Huts”. Eng. Darmstatter said he did not know but could tell him the space size. Eng. Darmstatter said the parking area shown on the plan is about 30 X 40.

Tom Rooney, C 1 Suburbian Village came forward. Mr. Rooney said he is the first unit on the left as you come in off of Belvedere Ave. Mr. Rooney said where the trucks come in, it was originally a lawn and now its kind of a semi-driveway and as testified it is grass and dirt. It appears to Mr. Rooney there’s been a lot of gravel put down because it became muddy.

 

CLOSE PUBLIC DISCUSSION:

 

Dion Naples, 59 Townsend Rd., Wanaque, owner of the business came forward and was sworn in by Atty. Faasse. Mr. Naples said he is a landscaper  such as cutting lawns and trimming hedges. Mr. Naples said he conducts his business mostly on his cell phone and works out of his truck. On the Moglia property, there are four (4) trailers, 3 open trailers and 1 enclosed trailer and two covered sheds. Years ago, when his father was there, the old sheds rotted out and Dion put 2 other ones up and the sheds were there prior to Dion taking over the business. Atty. Rubin asked Mr. Naples how long has he been actively running the business and Mr. Naples said about 1981 and has been continuous. Atty. Rubin asked if he agreed that the trailers are parked in the same general location that is shown on the map and Mr. Naples said yes. Mr. Naples worked with Eng. Darmstatter in laying this out so that this would be an accurate portrayal of where the trailers/trucks are actually parked. Mr. Naples also said they are parked overnight and during the day Mr. Naples takes one trailer out and the truck is out during the day so there would be three other trailers there during the day. Atty. Rubin asked Mr. Naples if he had employees that would take out vehicles beside himself and Mr. Naples said no and said he is a one-man-show.

Atty. Rubin asked Mr. Naples if he’s been on this site with Ms. Moglia’s consent and Mr. Naples said yes. Atty. Rubin asked Mr. Naples if Ms. Moglia and her family have been the owners to give consent for as long as Mr. Naples has been operating the business and Mr. Naples said yes. Atty. Rubin asked if the three sheds are used in the course of his business or are they for some other purpose. Mr. Naples said he keeps equipment in these sheds such as lawnmowers, trimmers etc. and extra equipment in case something breaks down on the job. Mr. Naples testified that there have always been sheds on this property since his father was the operator of the business and when they deteriorated Mr. Naples replaced them. Atty. Rubin asked Mr. Naples to describe to the Board how do the trailers come and go from the site. Mr. Naples proceeded to show the Board on the site plan how he pulls out and in. Mr. Naples said he did not put any gravel down on the site. Atty. Rubin asked about the dirt pile and Mr. Naples said that was an existing hill at one time and through the years he has dug it up but really doesn’t use it for anything and is not part of the business. Atty. Rubin asked if Mr. Naples keeps any landscaping material such as mulches, bushes or any vegetative things on the site and Mr. Naples said no. Mr. Naples said he doesn’t store it because he’s basically in the lawn cutting business and if he needs anything special he would pick it up the same day that he would use it. This site is just a parking facility and is not used to store landscape materials. Atty. Rubin also asked if there has been a period of time from 1980’s right to the present day where there has been a lapse, a hiatus or some period of time when the business was not active or abandoned and Mr. Naples said no. Therefore, Mr. Naples testimony is that this business has been continuous, since the early  1980’s to the present day, and is respectfully asking this Board to allow him to continue it as being a grandfathered use.

Member Grygus asked what Mr. Naples’ hours of operation are in the peak of the season and Mr. Naples said he starts approximately 7:30 A.M. till about 7:00 P.M. Member Grygus also asked Mr. Naples if he’s a one man operation why does he need four trailers.  Mr. Naples said that sometimes he needs one for grass clippings, mulch and he moves trailers around so if he needs an open a trailer he has one or if he has a piece of equipment that brakes down he can bring it to get fixed and still have a extra trailer.

 

RECESSED AT 9:33 P.M.

 

RECONVENED AT 9:47 P.M.  All members present as before the break.

 

Atty. Rubin said to Mr. Naples that there are three (3) sheds shown on Eng. Darmstatter’s plan; the smallest one on the easterly side of the property and asked what was it made out of and Mr. Naples said metal and has been there since 1950’s or 60’s. Mr. Naples said there are shovels, some wheel-barrels, trimmers and no gasoline. Atty. Rubin said there are two other things are the plan marked as sheds on the westerly side and what are they? Mr. Naples said they are like a carport and is made out of rubber tubing with a tarp over it.  Atty. Rubin asked Mr. Naples what kind of stuff does he keep in these carports and Mr. Naples said the same things that he keeps in the little sheds. Atty. Rubin asked how long have these plastic sheds been there and Mr. Naples said since the 80’s.

Photo of dirt pile marked Exhibit A-1 and “Notice of Abatement” to Ms. Moglia marked Exhibit A-2.

Member Leonard asked Mr. Naples if he hired any part-time help and Mr. Naples said no.

Chairman Dunning asked Mr. Naples when did he take over the business and Mr. Naples said probably around 1985 sometime.

 

OPEN TO PUBLIC:

 

Mary Ann Asan, 12 Belvedere Ave.,Wanaque came forward. Ms. Asan said she lives two houses down from the subject property. Ms. Asan told Mr. Naples that his workers start arriving at 6:45 A.M.  Mr. Naples replied back that no workers start arriving. Ms. Asan said there are Spanish workers that do arrive and his hours of operation are not 7:30 and he is not the sole proprietor. Atty. Faasse asked Mr. Naples if anyone works for him with or without pay and Mr. Naples said no.

 

Member Covelli said, as he understood it, Mr. Naples took over the business from his father in or about 1985 and asked Mr. Naples if his receipts show that he does more business today than he did 5, 10 or 15 years ago and Mr. Naples said yes.

 

Atty. Rubin brought up his next witness which was Dennis Naples, father of Dion Naples, 454 E. Skyline Lake Drive, Ringwood, N.J. came forward and was sworn in by Atty. Faasse.  Atty. Rubin asked Mr. Naples to describe what type of business he had through the 1960’s & 70’s. Mr. Naples said he had a small landscaping business and was run out of Ms. Moglia’s backyard. Atty. Rubin asked when did vehicles start being parked on this property for the landscaping business. Mr. Naples said the end of 50’s and 60’s and Mr. Naples ran the business himself after he graduated high school. Mr. Naples said they had a backhoe, three trailers and a pickup and some landscaping equipment. There were two sheds there at the time; one shed rotted away and the other is still there. The metal shed that is there today is the same shed that was there many years ago and shovels and rakes were kept inside the shed. When his son took over the business they put up the coverlets. Atty. Rubin asked about the fences that are shown and who put them up and Mr. Dennis Naples said the owner, Judy Moglia did.

Chairman Dunning asked Atty. Rubin in all of this is there any hard evidence of this business existing and Atty. Rubin said he has not been able to find a piece of paper that says this business was on-going.

 

Douglas E. Groendyke, 100 Waterfall Court, Bloomingdale. Mr. Groendyke met Dion Naples at Van Ness Farms when he worked there from about 1989 to the early 90’s when Dion would come in for flowers etc. for customers. Atty. Rubin asked Mr. Groendyke if he had knowledge of the subject property and Mr. Groendyke said not at first but later on after knowing Dion for a while he would tell Mr. Groendyke where he would park his vehicles. Atty. Rubin asked Mr. Groendyke if he was ever on the property to see the vehicles parked in this location and Mr. Groendyke said no.

 

Douglas Van Lenten, 16 Garbarino Ave., Wanaque came forward and was sworn in by Atty. Faasse. Atty. Rubin asked Mr. Van Lenten to describe where his property is in relation to Ms. Moglia’s. Mr. Van Lenten said his property is Lot 35 & 36 and said that Ms. Moglia’s property divides his property in half and half is Dion’s (Ms. Moglia’s backyard) and the other half is rocks and trees that go towards the condos. Mr. Van Lenten said he’s been living there about six years and said Dion is a landscaper trying to make a living like everybody else and he’s never a nuisance. Mr. Van Lenten said he has a three year old and the only thing he ever hears is the back-up alarm for safety when Dion is backing up. The pop-up tents are never a problem or an eye sore. Atty. Rubin asked Mr. Van Lenten if the vehicles are parked overnight and Mr. Van Lenten said yes and they are parked there over the winter months. Mr. Van Lenten also said you know when his busy season starts because he’s out in the morning and back in early evening and weekends he shuts down and winter time he’s dead. Atty. Rubin asked Mr. Van Lenten about the time that Mr. Naples starts business and Mr. Van Lenten said sometime between 7:00 & 8:00 A.M. and back around 7:00 & 8:00 P.M. Mr. Van Lenten stated that its never a problem with the sheds and Mr. Naples’ business doesn’t affect his family, his lifestyle or yard. Atty. Rubin added that Mr. Van Lenten’s home is the closest home to Mr. Naples business.

Grace Pellington, 220 Conklintown Road, Wanaque came forward and was sworn in by Atty. Faasse. Ms. Pellington knows where the subject property is located but usually doesn’t go down that way and really doesn’t see it from her property. Ms. Pellington does know where the landscaping business is located and has seen it over the years. Ms. Pellington has been in her house for 28 years. Ms. Pellington said she sees Mr. Naples coming out in the morning and sees him pulling in at night between 7:00 & 8:00 P.M. and he doesn’t make any noise and doesn’t do anything that is disruptive that she knows of. Ms. Pellington testified that this business as far as she knows has existed in the rear of Ms. Moglia’s property for the last 28 years and new that Mr. Naples father had also ran the business. Atty. Rubin asked Ms. Pellington if the number of trailers and trucks changed or has been approximately the same. Ms. Pellington answered by saying it has been approximately the same because Mr. Naples only drives the one truck and trailer as he goes to work and comes home at night. Atty. Faasse asked Ms. Pellington if she’s ever been to the site and she said she has walked down the street and doesn’t see anything that’s in the way and can’t tell how many trailers or sheds are on the property.

 

Engineer Darmstatter came forward again. Eng. Gregor said that Eng. Darmstatter has in front of him Exhibit A-1 a photograph that was presented to the Board earlier. Eng. Gregor went on to say that its been testified that the white substance on the ground in the photo is gravel and asked Eng. Darmstatter if he feels that there is impervious surface that does exist. Eng. Darmstatter said when he was out there he really didn’t notice it but he wasn’t looking for it either and was back there in the Fall. Eng. Darmstatter said that the photo does appear to show some gravel there.

 

It was decided to carry the application to the June 6th Meeting because the May 2nd
Agenda is quite busy. Atty. Faasse said, in light of the testimony given tonight, that the Board should have some kind of better survey as to what’s out there now. It was recommended that several photographs should be taken to show what is on this property.

Atty. Faasse also recommended to Atty. Rubin that some research be done on Zoning Ordinances. Chairman Dunning said that zoning existed before 1976 in this Borough.

 

MOTION TO CARRY APPLICATION TO THE JUNE 6TH MEETING: made by Member Ludwig, seconded by Member Willse, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Koning and Willse.

 

PUBLIC DISCUSSION:  None/Closed

 

RESOLUTION ON APPLICATION #25-06 Gerald & Albana Sukniqi, 7 Orchard St., Block 308 Lot 10, Bulk Variance:

 

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

 

RESOLUTION ON 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:

 

Member Grygus mentioned starting on Page 3 to Page 4 Item #1 of the Resolution (including but not limited to:) “the re-stripping of the north end parking lot” should be added. Atty. Faasse said an (e) will be added stating  “re-stripe the entire north end of parking lot”.

 

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

 

VOUCHERS: submitted by Atty. Faasse for Resolutions on Application #25-06 Sukniqi for $135.00, Application #19-06 New York SMSA Verizon Wireless for $475.00, for a Grand Total of $610.00.

 

MOTION TO APPROVE: made by Member Grygus, 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 #19-06 Verizon Wireless for $425.00, Application #23-06 Realty Associates for $425.00, Application #25-06 Sukniqi for $285.00, Application #26-06 Golas for $285.00, for a Grand Total of  $1,420.00.

 

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.

 

MINUTES: from the March 7, 2007 Meeting. Member Grygus mentioned that on Page 2,  about ľ’s of the way down, under “FINAL CONDITION”, “the lease should include a Whole Harmless Agreement” it should be a “Hold Harmless Agreement”.

 

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

 

ENGINEER’S REPORT: Eng. Gregor said he received a new application on Santoro and did not receive the entire application and there were no drainage calculations submitted. Member Grygus asked Eng. Gregor to clearly and the best of his ability express to Gerald Gardner, Engineer that he’s not going to look at that plan until he gives the Board a clean plan that doesn’t have everything turned on the one plan. Eng. Gregor said he would do as asked by Member Grygus, but just to let the Board know, how clearly and closely Eng. Gardner listens to him. Eng. Gregor had indicated to him previously, that the applicant  doesn’t have the right to use that access way which is known as “Laurie Lane”; if in fact they get permission to use it, he told Eng. Gardner to be prepared that Eng. Gregor is going to recommend strongly against them backing out of there because its creating a safety hazard for the adjacent properties.

Chairman Dunning added that the Board needs the filed Easement on this property.

Member Ludwig said that he thought there were two approved apartments upstairs and they created a third without Building Permits. Chairman Dunning asked the Board Secretary to get a copy of the property-card from the Tax Assessor’s Office.

Chairman Dunning asked Eng. Gregor if he’s heard anything from the Parsco Application and Eng. Gregor said no.

 

DISCUSSION:

Member Grygus asked if the Board could request for Atty. Faasse to have some kind of dialogue with the court relative to the clarification of the deadline that was imposed on this Board according to the newspaper article. Atty. Faasse said he would call Atty. Fiorello to discuss this matter (Strengthen Our Sisters).

 

MOTION TO ADJOURN: at 11:10 P.M.

 

 

_________________________________

Gerri Marotta

Board of Adjustment Secretary