BOARD OF ADJUSTMENT MEETING

BOROUGH OF WANAQUE

MINUTES

Regular Meeting
June 6, 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 2007and 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 (came in at 8:12 P.M.), Peter Hoffman, Don Ludwig, Art Koning, Eric Willse, Michael O’Hanlon, Attorney Ralph Faasse and Engineer William Gregor.

MEMBERS ABSENT: Member Ed Leonard

Application #03-07 Cosimo & Theresa Santoro, 1185 Ringwood Ave., Block 448 Lot 8.01 Site Plan, Use Variance & Bulk Variances:
Attorney Faasse said he received a phone call and a fax from Attorney James La Sala indicating he reviewed Eng. Gregor’s letter in which he indicated there were some problems with the plans. Atty. Faasse mentioned there was a problem with the easement on this property and he spoke with Atty. Fiorello after last month’s meeting and apparently its been executed and forwarded to Passaic County and they don’t have a copy as of yet. Therefore, because of the revisions to be made to the plans and the easement issue, Atty. La Sala has asked for an adjournment for tonight and asked to be carried to the July Meeting.

MOTION TO CARRY TO THE JULY 11TH MEETING: made by Member Ludwig, seconded by Member Koning, voting yes were Chairman Dunning, Members Grygus, Hoffman, Ludwig, Koning, Willse and O’Hanlon.

Application #05-07 Thomas & Jean McLean, 43 Burnside Place, Block 410 Lot 29, Bulk Variance:
Mr. & Mrs. McLean came forward and was sworn in by Atty. Faasse.
Mrs. McClean said they would like to put an addition of a garage, laundry room and a second floor dormer with a bathroom. Eng. Gregor went over his report dated May 30, 2007. Eng. Gregor said that the architectural drawings show the size of the addition to 15’ 11” X 27’ 9” and the site plan shows the size to be 16’ 11” X 27’ 8” therefore, the size of the addition should be confirmed and the drawings should be corrected accordingly. Mrs. McLean said she received the report on Tuesday and faxed the report to the architect and to the surveyor. In addition the application proposes to construct a 4’ X 6’ covered front porch and a 6’ 2”wide second floor dormer on to the rear of the existing structure. Eng. Gregor said the survey, architectural drawings and site plan contain an error in the northerly sideline bearing and should be corrected on all drawings. The 200’ notification line on the area map is not drawn correctly. All properties within 200’ are shown on the property owner’s list. The Area Map should be corrected accordingly. The existing lot is non-conforming in lot area. The lot width is measured at the setback line. The lot width in the bulk requirements table should be corrected to read 94 feet instead of 117.8 feet. The one story garage and utility room on to the side and rear of the existing structure will require a variance for a side yard setback of 5.0 feet instead of the 15 feet minimum required by ordinance. A variance of 10.0 feet is required. The one story garage and utility room on to the side and rear of the existing structure will require a variance for a total side yard setback of 23.2 feet instead of the 35 feet minimum required by ordinance; a variance of 11.8 feet. A storm water management plan and calculations should be provided to address increased storm water runoff resulting from the increase in impervious area.
Ms. McLean asked if the storm water management plan is mandatory. Ms. McLean went on to say that her lot is very dry and doesn’t have any runoff at all and the water doesn’t pond anywhere. Eng. Gregor explained when you have grass approximately 70% and the water is typically absorbed so that leaves roughly 30% runoff which dissipates in everyone’s yard. When you create an impervious surface such as a building or a paved driveway, roughly 90% of that water runs off onto the grass or adjacent lots. The Board has recommended in the past, whenever you increase the impervious surface of a lot over what it now is, they request that the homeowner add some storm water detention via a seepage pit which is the most inexpensive way of doing it to compensate for that increased runoff. Ms. McLean said they have limited funds and have applied for a loan for this addition and is also retired. She lived in Wayne and knows what water can do, but on this lot she doesn’t have any problem. Ms. McLean said she spoke to her surveyor and was told these seepage pits cost over $1500.00 each. Ms. McLean asked Eng. Gregor how many would she need and Eng. Gregor said that would depend on the calculations from her engineer.
Chairman Dunning asked the applicants if this addition would blend in with other homes in the area and Ms. McLean said yes and her next-door neighbor has a garage and her garage will be facing the neighbor’s garage. Member Covelli asked the applicants if their pie shaped property is a hardship and is that why they need the variance and Ms. McLean said yes.

OPEN TO PUBLIC:
David Da Silva, 108 Monroe St. came forward: Mr. Da Silva asked Ms. McLean if she spoke to her neighbors to see how they felt about this addition. Ms. McLean said they walked around the neighbor to get most of the signatures and everyone said they hoped that the McLean’s would get the approval. Mr. Da Silva asked Ms. McLean to explain to the Board how would this addition make her life better. Ms. McLean said they’re parking in the mud right now and is messy because there’s no front porch, they have to walk directly into the house and it would be a lot more easier to come through the garage and take your shoes off there. Mr. Da Silva asked Ms. McLean what does she do in the winter to dry her clothes and she said she puts them outside on the clothesline or takes them to the Laundromat.

Mr. Da Silva asked Eng. Gregor if the only problems with this application were the typographical errors, some errors on the plan to be changed and also the Storm Water Management Plan. Eng. Gregor said other than the facts presented, yes, there were drafting errors and the absence of a Storm Water Management Plan.

Member Covelli said the one open issue, other than the drawings that need to be corrected, is the Storm Water Management Plan and have made it a requirement of other applicants before this Board. If this issue can be resolved, we can bring this to a vote. Member Covelli explained the goal is to minimize any runoff from this property.
Eng. Gregor added that the requirement that they recommend is 0 net increase of runoff which means that the amount of runoff currently leaving the property should be no greater after the development than before the development.

MOTION TO APPROVE THE APPLICATION FOR THE ADDITION OF A 16’11” x 27’ 9” GARAGE TO THE EXISTING DWELLING WITH THE FOLLOWING TWO VARIANCES: A SIDE YARD VARIANCE OF 10’ WHERE THE APPLICANT IS PROVIDING 5’ WHERE 15’ IS REQUIRED BY ORDINANCE, A TOTAL SIDE YARD VARIANCE OF 11.8’ WHERE THE APPLICANT IS PROVIDING 23.2’ WHERE 35’ IS REQUIRED BY ORDINANCE, THE SINGLE CONDITION WILL BE THAT THE APPLICANT’S ENGINEER PROVIDE A STORM WATER MANAGEMENT PLAN TO BE COORDINATED WITH THE BOARD’S ENGINEER AND THAT THE PLANS BE CORRECTED AS PER THE ENGINEER’S LETTER: made by Member Grygus, seconded by Member Covelli, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Koning, Willse and O’Hanlon.

Application #23-06 Realty Associates Redevelopment, LLC, 547 Ringwood Ave., Block 231 Lot 11, Use Variance & Bulk Variance:
Attorney Brian M. Chewcaskie came forward on behalf of the applicant. Atty. Chewcaskie explained to the Board that the applicant was carried from the last meeting on May 2, 2007 and during the course of conversation at that meeting with Atty. Faasse, it was determined that the notice did not provided specifically for a height variance. Therefore, they did re-notice and added the height variance.
Member Grygus said he didn’t see the County on the property owner’s list. Atty. Chewcaskie said he would check that right now. Atty. Chewcaskie said it was not listed on his list for notification. Atty. Faasse read 40:55D-12 sub-section paragraph e. “Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary”. Atty. Chewcaskie said they did not notify the County. Atty. Chewcaskie asked to be carried and also gave the Board an extension of 60 days. Atty. Faasse told Atty. Chewcaskie the next meeting would be Wednesday, July 11, 2007.

MOTION TO CARRY TO JULY 11TH MEETING WITH THE ACCEPTANCE OF A 60 DAY EXTENSION: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Koning, Willse and O’Hanlon.

RECESSED AT 9:04 P.M.

RECONVENED AT 9:30 P.M.

PUBLIC DISCUSSION:
Dave Da Silva, 108 Monroe Street came forward. Mr. Da Silva said there’s been discussion with the town council about eliminating one of the Boards and making one consolidated Board. He wanted to know the Board’s feelings about this. Chairman Dunning said he didn’t think it was a good idea. The amount of applicants the Board has and the type of applicants they deal with and his feeling is that you need two Boards. Mr. Da Silva wanted to know if the Board was given the opportunity to let their feelings be known to the Council. Chairman Dunning said they will and they have expressed some concerns already. Chairman Dunning asked Mr. Da Silva if he thought the Borough needed two Boards since he attends both meeting. Mr. Da Silva said he thinks it would be a concern of his for an application such as the couple that appeared tonight being piled in with some of the big development plans. To some degree he sees the cost savings, but at the same time, he thinks it may be a detriment to citizens like him who want to put an addition on their house and he doesn’t necessarily think that’s an issue that should be addressed by the current Planning Board or some melding of the two Boards. Member Grygus said the Borough is not going to see the cost savings that they are looking at because Boards around the Borough have gone to combine Boards and they have to meet two nights a month because of Agenda issues, therefore, any potential savings you had in professional fees are not going to happen. The hardship will be on the Board Members that have to attend two meetings a month instead of one. Mr. Da Silva also wanted to know if the Planning Board & Board of Adjustment attended the same classes. Member Covelli said their certification is. Chairman Dunning said there are two separate training classes: one for Board of Adjustment and one for Planning Board.

RESOLUTIONS: Atty. Faasse presented a proposed Draft for Application #04-07 “Strengthen Our Sisters, Inc.”, 561-563 Ringwood Ave., Block 231 Lot 13, 551 Ringwood Ave., Block 231 Lot 12 and 532 Ringwood Ave., Block 229 Lot 2. The Board discussed this draft at length.

MOTION TO ADOPT RESOLUTION WITH THE EXCEPTION ON PAGE 4 THAT ITEM #6 SHOULD BE ITEM #7: made by Member Covelli, seconded by Member Willse, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Willse and O’Hanlon. Member Koning abstained.

CORRESPONDENCE: None

VOUCHERS: submitted by Atty. Faasse for Application #02-07 Moglia for office time reviewing application and researching for $225.00, Professional Services for April, May & June for $900.00, Special Meeting for $300.00, for a Grand Total of $1,425.00.

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

VOUCHERS: submitted by Eng. Gregor for Engineering Services for April, May & June for $900.00, Application #04-04 “Strengthen Our Sisters” for $700.00, Application #05-07 McLean for $495.00, for a Grand Total of $2,095.00

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

MINUTES: from the May 2, 2007 Meeting.

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

MINUTES: from “Special Meeting” for “Strengthen Our Sisters” of Wednesday, May 9, 2007.

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

ENGINEER’S REPORT:
Eng. Gregor reported on Application #01-07 “Parsco”and said the attorneys for the applicant are dealing with the County and retaining a traffic engineer. They promised Eng. Gregor they would try to write a letter to the Board Secretary and fax it to her prior to this meeting, and this didn’t occur. Eng. Gregor said he would follow up on this tomorrow.
This application has not been deemed complete as of today.

DISCUSSION:
Atty. Faasse discussed the lawsuit that is being brought against the Board, the Borough and the neighbors who are the Barriero’s on the Fennelly Application that was denied.
Atty. Faasse recommended that the Board retain an attorney to handle this lawsuit.

Member Covelli said that this should be coordinated with the Borough with regard to insurance coverage and any costs that may be incurred through policies retained by the Borough.

MOTION TO RETAIN THE LAW FIRM OF CARBONE & FAASSE TO REPRESENT THE BOARD WITH REGARD TO THE FENNELLI SUIT: made by Member Grygus, seconded by Member Ludwig, voting yes were Chairman Dunning, Members Grygus, Covelli, Hoffman, Ludwig, Koning, Willse and O’Hanlon.

MOTION TO ADJOURN AT 10:31 P.M.: carried by a voice vote.

________________________
Gerri Marotta
Board of Adjustment Secretary