BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

 

MINUTES

REGULAR MEETING

 

May 2, 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, Bruce Grygus, Frank Covelli, Peter Hoffman, Don Ludwig, Ed Leonard, Eric Willse, Michael O’Hanlon, Attorney Ralph Faasse and Engineer William Gregor.

 

MEMBERS ABSENT:  Member Art Koning

 

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

A letter dated April 17, 2007, from the Attorney A. Michael Rubin was received by the Board Secretary informing the Board that the application has been withdrawn.

 

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

 

Application #03-07 Cosimo & Theresa Santoro, 1185 Ringwood Ave., Block 448 Lot 8.01, Site Plan, Use Variance & Bulk Variances:

A letter was faxed to the Board Secretary dated May 1, 2007 in which James La Sala, Attorney stated that this application has been adjourned by the Borough to the June 6th Meeting. This is not the case. The Board did not adjourn this application. Eng. Gregor called Atty. La Sala and advised him that the application is incomplete and Atty. La Sala asked Eng. Gregor to send a letter to Eng. Gerald Gardner indicating the application is incomplete and it would be carried to the next meeting. Chairman Dunning asked Eng. Gregor to send a letter to the Attorney, Engineer and the Applicant informing them of what is needed.

 

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

 

Application #23-06 Realty Associates Redevelopment, LLC, 547 Ringwood Ave., Block 231 Lot 11, Use Variance & Bulk:

 

Atty. Faasse said he noticed in the file that the May Taxes haven’t been paid yet and the due date is May 10TH. The attorney for the applicant said the check for the taxes was mailed in.  Brian M. Chewcaskie, Esq. came forward on behalf of the applicant. Atty. Chewcaskie told the Board he understands there is a case on for tonight that must be heard by the Board. Atty. Chewcaskie said he brought two witnesses with him tonight and wanted to know how much time would be given to the first application. Atty. Chewcaskie said it may be prudent to carry this application to the June Meeting. Atty. Faasse asked the Attorney for “Strengthen Our Sisters” how long she was going to be and Atty. Baker said she has basically a two part application and this will take a couple of hours. Atty. Chewcaskie said there was a series of items that Eng. Gregor requested and they can certainly amend the plans and also an issue on the engineering drawings that didn’t indicate a Height Variance and Atty. Chewcaskie he was going to re-notice. The notice did not specifically identify the Height Variance. They will provide revised plans and continue at the June 6th Meeting.

 

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, Willse and O’Hanlon.

 

Application #04-07 “Strengthen Our Sisters”, 561/563 Ringwood Ave., Block 231 Lot 13, 551 Ringwood Ave., Block 231 Lot 12, 532 Ringwood Ave., Block 229 Lot 2, Use Variance:

Attorney Christine Baker with Drinker Biddle & Reath came forward on behalf of the applicant. Eng. Gregor said he received information today and they were; a memorandum from Michael Smith dated April 25, 2007 regarding the uses of the property and the parking, a follow-up memorandum from Michael Smith dated April 30, 2007 covering the same material, a tax map showing the surrounding properties and surrounding uses for each of the buildings, two additional architectural drawings in today’s mail which have not been reviewed and an aerial photograph of the site which was e-mailed to Eng. Gregor today. Eng. Gregor said he revised his report today with the information received with the exception of the two architectural drawings.

Atty. Baker explained to the Board what has happened to date and why the applicant is before this Board today. “Strengthen Our Sisters” is a N.J. non-profit and it runs seven (7) shelters in Passaic County for women that are victims of domestic violence and provides all types of social services to the citizens of Passaic County including the three (3) that are in Wanaque. “SOS” has owned and operated a shelter in Wanaque since 1999 and now owns and operates three (3) in total. In 1998 “SOS” sought funding from the “DCA” to acquire real estate in Wanaque that they intended to use for a shelter for women and children that are victims of domestic violence. As part of the application process, one of the things that the “DCA” required was a letter from the Borough saying that the building could be used for the intended purpose (shelter). Atty. Baker’s office sent a letter to Robert Grant, Zoning Officer for Wanaque and told him that  “SOS” wants to acquire this property in Wanaque and they need confirmation that if they do buy it using money from the “DCA” that they are going to be able to use it as a shelter. They did received written confirmation back from Mr. Grant and there was a series of letters. The first property they acquired is the “Wanaque House” 561/563 Ringwood Ave., Block 231 Lot 13. This took place in December 1998 and there was a series of six (6) letters exchanged between Atty. Baker’s office and Mr. Grant about what  “SOS” intended to do with the property and seeking funding from the “DCA” to acquire the property. Mr. Grant confirmed in writing that the property could be used for a shelter and told them in writing that it was a pre-existing non-conforming use because the way the “Wanaque House” was built with first floor street side storefronts and apartments up above and apartments behind the first floor. In the “B” District, all of that would comply with the current zoning except for the fact they have first floor apartments. The Zoning Ordinance says you can have commercial business use on the first floor with apartments up above which they have but they also have apartments on the first floor behind the storefronts. Atty. Baker said she would give copies of all the letters to the Board. The final letter from Mr. Grant dated April 13, 1999 that confirmed that they could use this property the way they planed. “SOS” took those letters from Mr. Grant and submitted them to the “DCA” and based upon and reliance upon those letters, the “DCA” provided the funding to “SOS” to acquire the first house (“Wanaque House”). There are two mores houses; one was acquired in 2001 and the other in 2006. The “Berrie House” is right next to “Wanaque House” and “Cathy’s House” is down the street and all are in the “B” Zone and are all built with storefronts as the first floor and apartments up above and apartment on the first floor behind storefront. The second house was purchased by Sandra Ramos, Executive Director of “SOS” with money from an award for the public service that she does and used the award money to buy the “Berrie House”. When they purchased the third house, they went through a similar process where the “DCA” told them they need something in writing from the Borough supporting this and that they can buy this house and the Borough supports the use of this house for a shelter and they did receive a letter from Mayor Hagstrom. Atty. Baker went on to say that all three houses qualify as pre-existing non-conforming uses and have it in writing for two of the three. Shortly after “SOS” acquired the third facility using the state money, the new Zoning Officer, Mr. Brusco advised that the zoning ordinance doesn’t allow shelters anywhere in Wanaque and basically told them they need a Use Variance for all three shelters. Violation notices were eventually issued in early October 2006. These violation notices were also sent to the State of N.J. and what happened because of this the funding was threatened and the Wanaque Welfare Director issued a letter saying they have to vacate the people staying at the shelters. A law suite was filed by “SOS” in the Superior Court and ended up going before Judge Humphreys in Passaic County. “SOS” sought injunctive relief and November 28, 2006 the judge entered an order granting injunctive relief that basically prohibited Wanaque Borough from forcing people out of the shelters. Atty. Fiorello and Atty. Baker met with Judge Humphreys in mid December to see if they could try and work this out. William Connolly, head of the “DCA” Licensing came to court and was very helpful in trying to coordinate and resolve the dispute. Atty. Fiorello, Borough Attorney, said that “SOS” had to file a Use Variance Application. Atty. Baker said they were reluctant because they went out and got quotes from professionals for how much it was going to cost to put together plans and other paperwork.  The quotes came in at $45,000 to put the necessary paperwork together and that didn’t even include any kind of testimony. Atty. Baker said “SOS” is a non-profit that operates with money from the state and it wasn’t feasible for them to hire professionals. When they met with Judge Humphreys and went through all these issues with Mr. Connolly from the “DCA”. Mr. Connelly proposed that the “DCA” would actually prepare floor plans, written report, a whole analysis and provide it to the Borough in hopes that would persuade the Borough that the Use Variances weren’t necessary or in the alternative that they could use the information put together by the “DCA” to do the Use Variance Applications. Atty. Fiorello and Atty. Baker met again with the court in March 9, 2007 and at that point she was still hoping that they wouldn’t need to have to come before the Board. It is still their position that they don’t need the Use Variances because of the circumstances, but Atty. Fiorello advised them that it was the Borough’s position that Use Variances were required. The information provided by the “DCA” wasn’t enough but what he offered was to hear that kind of Use Variance Application on an expedited basis. What he proposed was that if they submitted one Use Variance Application for all three buildings, it would be heard on an expedited basis with more limited paperwork than the Board is use to on such an application. Everyone agreed to that, including the Judge, and the Judge entered an order confirming the settlement that Atty. Baker did submit. Based upon that order, even though they don’t think they need the Use Variances, they did file an application with this Board. 

Atty. Baker said what they’re asking the Board to do is rule preferably that no Use Variances are required and that the three shelters do qualify as pre-existing non-conforming uses or in the alternative that they’re entitled to Use Variances because they are inherently beneficial uses because they’re domestic violence shelters and under Section 70-D of the Municipal Lane Use Law that there will be no substantial detriment to the public good and won’t substantially impair the intent purpose of the Zone Plan and Ordinance.

Atty. Baker went on to say that, as she understood it from Atty. Fiorello and Mr. Brusco, is that a shelter is somehow a different use than an apartment or other residential use. Atty. Baker said that isn’t legal and under the Municipal Land Use Law Section 66-1; a domestic violence shelter is essentially equivalent to residential use.

Atty. Faasse addressed Atty. Baker and said, although this Board is a municipal agency, they are not part of the Borough. When the Borough Attorney or Administration makes any kind of representation, it’s still not binding on the Board of Adjustment and the Board is independent judicial board that has to hear the evidence and make a determination.

They can waive some of their normal requirements, however, the Board is going to be concerned in hearing this application with certain issues that are part of any Use Variance such as; off street parking, safety of the occupants, safety of pedestrians and also lighting.

Atty. Faasse and Eng. Gregor identified the properties as such; 561 Ringwood Ave., Block 231 Lot 13 “Wanaque House”, 551 Ringwood Ave., Block 231 Lot 12 “Berrie House” and 532 Ringwood Ave., Block 229 Lot 2 “Cathy’s House”.

 

Chairman Dunning said he thinks Atty. Baker basically is looking for an interpretation on the Zoning Officer’s Denial before they move to a Use Variance and Atty. Baker said that is correct.

Atty. Baker’s associate, Michael Smith, Esq. was introduced to the Board and passed out exhibit folders that were prepared for the Board. (Attached to the Minutes is a list showing all the Exhibits A-1 through A-30 and whom they came from, date and their description).

 

Sandra Ramos, Executive Director of “Strengthen Our Sisters” 2 Ellen Street, Ringwood, N.J.: came forward and was sworn in by Atty. Faasse.

Ms. Ramos explained to the Board she is the Founder and Executive Director of “SOS”.

Ms. Ramos teaches at William Paterson University, Ramapo College and founded the first shelter in her home in 1970 and is trying to make the world a peaceful better place. She started the first shelter in 1970 “Shelter Our Sisters”and moved to Ringwood and started “Strengthen Our Sisters” and it’s been 37 years. “SOS” is a shelter for homeless battered women and children. It has programs to help people involved in crisis and help them to rebuild their lives in a peaceful productive manner and to break the cycle of poverty and violence as it’s perpetuated from one generation to the next. Ms. Ramos said she has seven (7) facilities at the present time and three (3) of them are in Wanaque. They currently serve approximately 50 women and children in Wanaque and 177 total in Passaic County. The funding comes from donations, Passaic County Board of Social Services and some from the “DCA” which is usually to buy houses, some from FEMA and ESG (Emergency Shelter Grant). “SOS” provides shelter and support services for the women and children. They have 24-hour shelter, food, clothing, different groups such as Domestic Violence Groups, Anger Management, Day Care Center, hopefully too, Computer School, After School Program and a Summer Program for the youth. The occupants find out about “SOS” usually through the Police, Hospitals, word of mouth and through School Guidance Counselors. Many of the people have lived in Wanaque before and were involved in domestic violence situations and “SOS” was able to keep them in the “Wanaque House”, thereby in the same schools. Ms. Ramos name and number is on the Restraining Order Form used in Passaic County and is posted in the Courthouse in Paterson and most of the Police Stations. The other four (4) facilities of “SOS” are in West Milford/Newfoundland.

Ms. Ramos said she teaches in William Paterson University “Dynamics of Domestic Violence” and “Women’s Changing Roles”and in Ramapo College she teaches “Social Issues” and “Dynamics of Domestic Violence”. Ms. Ramos has a B.S. from Ramapo College and a Master’s from CCNY (City College in New York) in Applied Anthropology, which is the study of people and why they do what they do. Atty. Baker asked Ms. Ramos what is in the 561/563 Ringwood Ave. (Wanaque House). Ms. Ramos said there is an apartment downstairs, which has a family in there with a child that has a very serious illness and has to have a completely dust-free area, so that is why that family lives in that apartment. The child has a tube in her throat and has to have complete cleanliness. Upstairs there are three (3) apartments; one has a sitting room that the “DCA” told them to make it into a sitting room, one has two bedrooms and kitchen and a bathroom and the other one has three (3) bedrooms and a kitchen and bathroom. Atty. Baker brought Ms. Ramos’ attention to the easel where Exhibit A-10 which is the As Built Plans for the “Wanaque House”. Atty. Baker asked Ms. Ramos to point to the things that she just described. Ms. Ramos said she wasn’t good at that kind of thing, therefore, it was decided by Atty. Baker she would call on the Educational Director later to describe Exhibit A-10.

Atty. Baker asked Ms. Ramos when was the “Wanaque House” acquired and Ms. Ramos thought it was 1998. The property was used prior to the purchase as a storefront and apartments. Ms. Ramos has been using it as a shelter ever since the purchase. Ms. Ramos testified that no additions or alterations have been made to the structure (561/563 Ringwood Ave.) The "Berrie House", 551 Ringwood Ave., was acquired around 2001 from the award money Ms. Ramos won for public service from “Russ Berrie” in the amount of $50,000.00 and then Ms. Ramos gave the money to the shelter to buy the "Berrie  House".  

The property prior to the purchase was used for families. When Ms. Ramos acquired it she used it for a family shelter and still is being used as such. No additions or alterations have been made to the building. On the first floor there is an apartment with two (2) bedrooms and a kitchen and bathroom and in the storefronts is a Legal Clinic and a Computer Repair Shop. On the second floor are two apartments and is also devoted to a residential shelter. Member Grygus asked what commercial uses are at 561/563 Ringwood Ave.; Ms. Ramos said there is a Computer School and hopefully soon a Day Care Center. Ms. Ramos said it would be affordable Day Care and available to people of Wanaque Borough. Member Grygus asked how many people where living in the “Wanaque House” and Ms. Ramos said between 15 and 20. Member Leonard wanted to know how long does an occupant usually stay in the shelter and Ms. Ramos said she wasn’t really sure and said maybe a year and a half. Ms. Ramos added that it depends and each situation is different. Atty. Baker asked when did “SOS” acquire 532 Ringwood Ave., “Cathy’s House” and Ms. Ramos said about less than a year ago and the funding came from the “DCA”. In that building there is three floors but they’re not allowed to use the third floor and right now there is a mother and two children. There’s a kitchen, living room, three bedrooms and a porch; upstairs there’s three bedrooms but they can’t use them because they have to have a fire escape installed. Ms. Ramos said they get emergency grants in the month of September and so far it hasn’t come through and that’s why sometimes they can’t do architectural plans or things that are required because the money that was granted hasn’t arrived.

Member Grygus wanted to know if anyone regulates how many people can live in these shelters and Atty. Baker said the DCA regulates the number of occupants and goes there on a regular basis. Ms. Ramos added that the population changes as people leave and someone comes in pregnant and has a baby or someone has a one year old or two year old and DCA doesn’t count them under the age of three. Atty. Baker said the code for shelters is NJAC 10:130 the standards for shelters for victims of domestic violence. These shelters are heavily regulated by the DCA and there is more than one set of regulations that apply and are there on a regular basis doing inspections. Atty. Baker said back in the fall, the Fire Department did give “SOS” feedback in terms of upgrading certain things and everything has been addressed and “SOS” has certificates for two of three buildings.  The third building, which is “Cathy’s House”, the issue that’s outstanding is the ingress and egress for the third floor. The third floor is not being used and will not be used until they put in the fire escape to the third floor. Atty. Baker went on to say that “SOS” is in the process of applying for licenses for the shelters and the only thing that’s holding them up is this zoning issue with the Borough of Wanaque.

Atty. Faasse told Atty. Baker that there is no way this application will be concluded tonight in accordance with Judge Humphreys timetable.

 

RECESSED AT 9:56 P.M.

 

RECONVENED AT 10:12 P.M.:  Everyone present as before the break.

 

Atty. Baker said during the break she found the applicable regulation and it is NJAC 5:15-4.10 entitled “Space Requirements for Shelters” and subsection (a) reads: Every class One and Three Emergency Shelter for the Homeless shall contain at least 80 sq. ft. of space for each occupant which shall be calculated on the basis of total gross floor area. For the purposes of this subsection, children under the age of 36 months shall not be considered occupants.

Lena La Montagne, 129 Snake Den Road, Ringwood, N.J. came forward. Ms. LaMontagne is employed by “SOS” and is the Educational Coordinator and Grants Writer. Ms. La Montagne office is at 563 Ringwood Ave. “Wanaque House” and has been working there for the past 15 years. Ms. La Montagne described Exhibit A-10 Page 2 and what is shown on the floor plan for the first and second floors.

 

Chairman Dunning suggested that they regroup and decide what to do about carrying the application. Atty. Baker said she would like to come back on Wednesday, May 9th for a “Special Meeting”.  Atty. Baker explained why they need to get this matter done as soon as possible and said that Judge Humphreys will be retiring the end of June and wants to get this matter resolved and a scheduled trial date for June 4th if this doesn’t get resolved through this process. Chairman Dunning asked Atty. Baker if this matter could get concluded by one more meeting and Atty. Baker said she believes so. Chairman Dunning and Member Grygus both said they would like a site plan for this application. Chairman Dunning stated that the judge asked this application to be streamlined. Atty. Faasse said the Board would not have a site plan from an engineer within two weeks.

Chairman Dunning asked Tom Carroll, Borough Administrator, how much time would he need for his COAH Counselor to input information on this application and Mr. Carroll said maybe between 20 and 40 minutes. Mr. Carroll said he would also have to see if Planner Art Bernard would be available for the next meeting and he would need at least 10 minutes. Atty. Baker said she spoke with Mr. Carroll and the COAH Counselor and they all have no problem with agreeing to extend the application to next Wednesday, May 9th and if absolutely necessary to the following Wednesday, May 16th.  They have all agreed to jointly request an extension from Judge Humphreys. As far as the site plan issues, Atty. Baker said the problem with that is they’re not in a position to provide site plans and are looking for a waiver from the site plan requirements. Chairman Dunning said time would not allow a site plan to be provided and that puts a crimp into what the Board really needs to move forward on the Use Variance. Mr. Carroll said, he thinks its necessary to point out that part of the Order said, “in lieu of the plans etc. originally requested and ordinarily required, the Borough will permit “SOS” to submit existing surveys (to the extent “SOS” obtained surveys when it acquired each of three facilities), and floor plans prepared by an architect for each of these three facilities. The plans need not include plumbing, electrical or other mechanicals. The plans can be limited to a drawing depicting each facility’s floor plans only”. Mr. Carroll then said, the Judge is pretty clear, that site plans are not required.

Jeffrey Kantowitz, Counsel for the Borough came forward. Atty. Kantowitz said either him and/or Mr. Bernard would be testifying on the affordable housing issues at the next meeting. Member Grygus said with all due respect to Judge Humphreys, it doesn’t absolve the Board’s responsibility to insure the health and well being and that there is no public detriment.

It was decided there would be a “Special Meeting” to finish hearing this application on Wednesday, May 9, 2007 at 7:30 P.M. 

 

MOTION TO CARRY APPLICATION TO A “SPECIAL MEETING” ON MAY 9, 2007 AT 7:30 P.M. AND THE BOARD SECRETARY WILL NOTICE THE NEWSPAPERS: made by Member Covelli, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Leonard, Willse and O’Hanlon.

 

Atty. Baker said she would call Atty. Fiorello first thing in the morning and conference in Judge Humphreys about extending the decision date to May 9, 2007.

 

PUBLIC DISCUSSION:  None

 

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

 

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

 

CORRESPONDENCE: The Board Secretary mentioned the Deeds for a Minor Subdivision for John De Diminicantanio Block 428, Lots 6,9,10 & 11 that should be signed. Atty. Faasse said that Eng. Gregor has to do a report on that Atty. Faasse told Atty. Siss (attorney for John De Diminicantanio) to send a set of the Deeds to Atty. Fiorello.

 

VOUCHERS: submitted by Atty. Faasse for Resolution on Application #26-06 Golas for $135.00.

 

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

 

VOUCHERS: submitted by Eng. Gregor for Engineering Services for Application #26-06 Golas for $285.00, and Application #04-07 “Strengthen Our Sisters” for $700.00, for a Grand Total of $985.00.

 

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

 

ENGINEER’S REPORT: Eng. Gregor said that the Parsco Application is incomplete and hasn’t heard anything further from them. Chairman Dunning told Eng. Gregor to send them a follow-up letter telling them he’s checking on the status of the application.

 

Chairman Dunning mentioned the Santoro Application and the fact it is technically incomplete because the Board doesn’t have the Easement Agreement that the Mayor & Council granted them. Eng. Gregor hasn’t heard anything and did ask the applicant’s attorney about the easement and he said he didn’t have a filed copy and didn’t know if it had been filed. Eng. Gregor will also let Eng. Gardner know the deficiencies in the application.

 

DISCUSSION:  Member Grygus wanted to know if “Strengthen Our Sisters” noticed the County. Member Grygus also wanted the Board Counsel to contact the Borough Counsel and just advise him of the predicament that the Board appears to be in. Member Grygus doesn’t see that they will be bringing in much additional testimony next week and he doesn’t think this will come to a conclusion by June 4th.

 

MINUTES: from the April 4, 2007 Meeting.

 

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

 

MOTION TO ADJOURN AT 11:23 P.M.: carried by a voice vote.

 

____________________________

Gerri Marotta

Board of Adjustment Secretary