TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
NOVEMBER 7, 2007
The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Dr., Mahwah beginning at 8:00 p.m. was called to order by Mr. Cimis, Chairman.
These minutes are a synopsis of the meeting. A verbatim audio tape recording is on file with the Board Secretary at the Board of Adjustment Office, 475 Corporate Dr., Mahwah, N.J. Copies of the tapes may be purchased for a fee.
PRESENT: Mr. Cimis Ms. Neumann
Mr. Rabolli Mr. Whiteman
Mr. Slot Mr. Newhouse
ABSENT: Mr. DeKramer
Mr. Dator
Mr. Savino
ATTORNEY: Ben Cascio, Esq.
I. APPROVAL OF BILLS:
9/30/07 $3,608.00 Ben Cascio, Esq.-meeting attendance
9/5/07, 9/19/07, 10/3/07, 10/17/07
services rendered dockets nos.
1165-05, 1234-07, 1235-07, 1237-07
1238-07
A motion to approve was made by Mr. Slot and seconded by Ms. Neumann. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Rabolli, Mr. Slot, Mr. Whiteman, Mr. Newhouse.
II. APPROVAL OF MINUTES:
A. MINUTES OF OCTOBER 3, 2007
A motion to approve was made by Mr. Whiteman and seconded by Ms. Neumann.
All voted in favor.
III. MEMORIALIZING RESOLUTIONS:
Board of Adjustment Minutes
November 7, 2007
Page 2.
A. DKT. #1233-07 – WILLIAM ALLEN, 15 FARMSTEAD RD.
Mr. Cascio read the conditional portion of the Resolution. A motion to approve was made by Ms. Neumann and seconded by Mr. Slot. A roll call of eligible members revealed 4 aye votes by Mr. Cimis, Ms. Neumann, Mr. Slot and Mr. Whiteman.
B. DKT. #1241-07 – FAITH & MICHAEL HOCHMAN, 27 HARING LA.
Mr. Cascio read the conditional portion of the Resolution.
Mr. Cimis asked that the following changes be made:
Page 5. Line 1: insert the word “immediately” after location.
Page 5, #3: Add “A revised plan should be submitted to the Zoning Board for approval.
A motion to approve with amendments was made by Mr. Slot and seconded by Mr. Rabolli. A roll call of eligible members revealed 3 aye votes by Mr. Cimis, Mr. Rabolli, Mr. Slot.
IV. OPEN TO THE PUBLIC
Mr. Cimis opened the meeting to the Public for questions or statements. None
were received.
V. PUBLIC HEARINGS:
A. DKT. #1244-07 – WILLIAM COMMER, 40 PULIS AVE.
Notices were in order.
William Commer, 40 Pulis Avenue was sworn in. He is seeking a variance to construct a 5 foot overhang for his front door which will encroach into the side yard setback.
The proposed setback will be 25 feet where 30 feet is required. The ordinance allows 2 feet for an overhang making the variance for the side yard 3 feet. Mr. Commer explained that the front door faces into the hill and because of the topography there is a retaining wall that sits 5 feet from the property line setback. He would like to take advantage of this wall and use it as a support for the
Board of Adjustment Minutes
November 7, 2007
Page 3.
overhang. Mr. Commer stated that it is his belief that the overhang would not be visible to any of the neighbors nor from the street.
Public Hearing is concluded.
B. DKT. #1240-07 & DKT. #1240-07S – KENNETH FEDERICI & RENEE LAMONTAGNE, 5 SPRUCE ST.
Notices were in order.
Bruce Whitaker, Attorney for the Applicant appeared before the Board.
Mr. Federici and Ms. LaMontagne are the owners of Lots 11 and 12 and the contract purchasers of Lot 13. The property is located in the R40 zone and consists of 30,000 square feet where 40,000 square feet is required. They are seeking a variance for lot area. The applicant is also seeking approval since this property does not front on a roadway that is improved and approved to township standards. They are also requesting a soil movement approval.
Jeffrey Doolittle, 200 Route 17 was sworn in. He was accepted as an expert witness as a Professional Engineer, Surveyor and Architect. Under questioning by Mr. Whitaker, Mr. Doolittle described the property and stated the home will meet all the bulk requirements for that zone. The plan submitted with the application was marked “A-1”. There is a small wetland area in the northeast section of the property. There will be a 50 foot buffer in connection with the wetlands. He stated they are in the process of making an application to the DEP for a Letter of Interpretation and also for transition area buffer averaging. They are asking for a slope waiver from 4 to 1 to a 3 to 1 slope. They are asking for this waiver to eliminate or minimize the extent of constructing stone walls.
Mr. Cimis referred to the Boswell report of October 25, 2007. Mr. Doolittle addressed each item and stated they will comply with all requests set forth in the report. With regards to the soil movement application, Mr. Whitaker stated that as a condition of approval a set of revised plans must be submitted to Mike Kelly for approval addressing all the comments in the letter before a soil movement permit can be issued.
Under questioning by Mr. Whitaker, Mr. Doolittle stated that Spruce Road is of a sufficient quality in nature that it affords safety to the residents or guests of residents along Spruce Rd. It will also accommodate emergency vehicles.
Board of Adjustment Minutes
November 7, 2007
Page 4.
Mr. Whitaker stated that the square footage of the proposed dwelling is 2,448 square feet.
Public Hearing is concluded.
C. DKT. #1242-07 – RICK MARCHESI, EASTVIEW DR.
Notices were in order.
Bruce Whitaker, Attorney for the Applicant appeared before the Board.
Mr. Whitaker stated the applicant is looking for approval to construct a home on a property that does not front on a roadway that is improved and approved to township’s standards. All of the bulk and area requirements for this lot are met.
Mr. Whitaker indicated to the Board that as a condition of approval the Township of Mahwah would have to grant an easement to Mr. Marchesi for the extension of the driveway which would cross the paper roadway down to where the roadway currently exists.
Robert Weissman, P.E., 686 Godwin Ave., Midland Park was sworn in. Mr. Whitaker marked the plan attached to the application “A-1”. Under questioning by Mr. Whitaker, Mr. Weissman stated that the proposal by the applicant for the construction of a single family home is to carry the driveway across the paper road to where the existing roadway is now which would be through the municipal owned property. Mr. Weissman also indicated that there are two homes being serviced by this roadway at the present time. The roadway meets the Residential Site Improvement States propagated by the State.
Mr. Weissman stated that there are no wetlands on the property and percolation tests have been performed to determine adequacy for septic design. The property conforms to all the zoning aspects of the zone.
Mr. Cimis had questions regarding the roadway. Rick Marchesi was sworn in. Under questioning by Mr. Whitaker, Mr. Marchesi stated the town maintains the roadway. It is 15 feet in width and in good condition.
Public Hearing is concluded.
D. DKT. #1243-07 – ANTOINE JOHNSON, 75 STAG HILL RD.
Notices were in order.
Board of Adjustment Minutes
November 7, 2007
Page 5.
Bruce Whitaker, Attorney for the Applicant appeared before the Board.
The applicant is seeking variances for area and bulk variances, soil movement approval as well as approval to build on a lot that does not front on a roadway that is improved or approved according to township standards.
Jeffrey Doolittle, P.E., Surveyor, Planner, 200 Route 17 was sworn in. Mr. Doolittle referred to the plan that was attached to the application and marked
“A-1”. He stated that there is an existing home on the property which is to be demolished. The environmental concerns and constraints on this property dictate where this house has to be set on the property. He described the topography. An LOI has been granted for the position of the wetland line. They also have an application to the DEP for a buffer averaging plan.
The front yard setback is 33 feet where 40 feet is required. The lot area is 29,683 square feet where 40,000 square feet is required and the lot width is 142.69 where 150 feet is required.
Mr. Whitaker referred to the Boswell Report dated 11/5/07 in connection with the soil movement application. Under questioning by Mr. Whitaker, Mr. Doolittle stated that the requirements under the soil movement ordinance will meet all the requirements for the pertinent soil movement ordinance for the Township of Mahwah. They will comply with all the comments in the report. No waivers are being requested.
Under questioning by Mr. Cimis, Mr. Doolittle stated that there is a 500 gallon seepage pit and the drainage calculations that were submitted verified that this is acceptable.
Public Hearing is concluded.
VI. WORK SESSION:
A. DKT. #1244-07 – WILLIAM COMMER, 40 PULIS AVE.
A motion to approve was made by Ms. Neumann and seconded by Mr. Whiteman. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Rabolli, Mr. Slot, Mr. Whiteman and Mr. Newhouse.
B. DKT. #1240-07 & #1240-07S – KENNETH FEDERICI & RENEE LAMONTAGNE, 5 SPRUCE ST.
Board of Adjustment Minutes
November 7, 2007
Page 6.
A motion to approve was made by Mr. Whiteman and seconded by Ms. Neumann. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Rabolli, Mr. Slot, Mr. Whiteman and Mr. Newhouse.
C. DKT. #1242-07 – RICK MARCHESI, EASTVIEW DR.
A motion to approve was made by Mr. Slot and seconded by Ms. Neumann. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Rabolli, Mr. Slot, Mr. Whiteman and Mr. Newhouse.
D. DKT. #1243-07 ANTOINE JOHNSON, 75 STAG HILL RD.
A motion to approve was made by Mr. Rabolli and seconded by Mr. Newhouse. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Rabolli, Mr. Slot, Mr. Whiteman, Mr. Newhouse
VII. ADJOURNMENT
The meeting was adjourned at 10:00 p.m.
These minutes were prepared by Rosalie DeMartino, Secretary Board of Adjustment.