Township of Mahwah

Board of Adjustment Meeting Minutes

March 19, 2014

TOWNSHIP OF MAHWAH

BOARD OF ADJUSTMENT

MINUTES

MARCH 19, 2014

The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Drive, Mahwah, NJ, beginning at 7:36 pm was called to order by

Mr. Rabolli, Chairman, with the reading of the opening statement followed by the flag salute.

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 Drive, Mahwah, NJ. Copies of the tapes may be purchased for a fee.

PRESENT: Mr. Rabolli Mr. Royle

Mr. Dator Mr. Straffin

Mr. Kezmarsky Mr. Lockwood

Mr. Larson

ABSENT: Mr. DeSilva Mr. Whiteman

ATTORNEY: Mr. Ben R. Cascio, Esq.

I.  APPROVAL OF BILLS:

None to present.

II. APPROVAL OF MINUTES:

None to present.

III: MEMORIALIZING RESOLUTIONS:

A.  DKT.#1368-14 – MICHAEL & RACHEL YORKE

392 CAMPGAW ROAD, BLOCK 147, LOT 9

Resolution granting a side-yard variance to erect a 1,200 square-foot deck off the side and rear of the home.

A motion to approve was made by Mr. Larson, seconded by Mr. Royle. A roll call vote revealed 4 aye votes by Mr. Rabolli, Mr. Larson, Mr. Royle, and Mr. Lockwood.

IV. OPEN TO THE PUBLIC:

Mr. Rabolli opened the meeting to the Public for general questions or statements. None were received.

V. PUBLIC HEARINGS:

A.  DKT.#1369-14 – KIM BENNARDO

57 STAG HILL ROAD, BLOCK 5, LOT 16

Application requesting a C Variance to add a second story addition to an existing home with a new covered front porch, a new deck to replace an existing deck and a new septic system.

Mr. Frank Ferraro, Esq., of Ferraro & Stamos, LLP, 22 Paris Avenue, Rockleigh, NJ, approached on behalf of the Applicant. Mr. Cascio indicated all notices were in order. Mr. Ferraro presented an overview of the application. He called Mr. Robert Weissman, of Weissman Engineering Co., 686 Godwin Avenue, Midland Park, NJ. Mr. Weissman was sworn in by Mr. Rabolli. After presenting his qualifications, Mr. Weissman was accepted as an expert professional engineer and surveyor.

Mr. Weissman prepared the site plans submitted with the application. He described the plans and explained the front-yard setback variance being requested, noting the existing and proposed setbacks as well as the existing non-conformities. Mr. Weissman referred to a letter dated March 11, 2014 from Mr. Michael Kelly of Boswell Engineering. A Soil Movement Permit Application has been submitted with the application. The proposed renovations will be an improvement to the existing home and the surrounding area. There was a short discussion on the existing septic system, which is a cesspool, and the setbacks of the neighboring homes.

Mr. Ferraro presented two photographs, which were marked as Exhibit A-1 and A-2. The photographs were taken by Ms. Bennardo in February 2014.

Mr. Lockwood questioned sections from Mr. Kelly’s March 11, 2014 letter. Full architectural plans were not prepared yet due to the application coming before the Board for a variance. Once there is a Board decision, all plans will be submitted to the Building Department. Mr. Larson questioned Mr. Kelly’s comment about the Highlands. Mr. Weissman described the Highlands Act. Mr. Rabolli stated a Highlands Exemption Application was submitted by the Applicant and an exemption was approved by Mr. Gary L. Montroy, Administrative Officer.

With there being no questions from the Board or the Public, the meeting moved into Work Session for this docket on a motion by Mr. Dator, seconded by Mr. Kezmarsky, with all in favor.

On a motion by Mr. Rabolli, the meeting moved back into the Public Hearing portion of the meeting, with all in favor.

B.  DKT.#1367-14 – COMMUNICATION INFRASTRUCTURE CORP.

25 MOUNTAIN ROAD, BLOCK 1, LOT 6

This is a continuation of the Public Hearing from March 5, 2014 to install new antennas on an existing tower as well as install an equipment cabinet.

Mr. Frank Ferraro, Esq., of Ferraro & Stamos, LLP, 22 Paris Avenue, Rockleigh, NJ, approached on behalf of the Applicant’s attorney, Mr. James K. Pryor, Esq.

Mr. Rabolli indicated certifications for eligibility to vote on this application were received from Mr. Dator, Mr. Kezmarsky and Mr. Straffin. There were no questions from the Board or the Public.

A motion was made by Mr. Lockwood, seconded by Mr. Larson to close the Public Hearing of the meeting and move into Work Session. All voted in favor.

VI. WORK SESSION:

A.  DKT.#1369-14 – KIM BENNARDO

57 STAG HILL ROAD, BLOCK 5, LOT 16

Application requesting a C Variance to add a second story addition to an existing home with a new covered front porch, a new deck to replace an existing deck and a new septic system.

Note: Work Session was held immediately after the Public Hearing for this docket.

Mr. Rabolli summarized the application. A motion to approve was made by Mr. Dator, seconded by Mr. Royle. A roll call vote revealed 7 aye votes by Mr. Rabolli, Mr. Dator, Mr. Kezmarsky, Mr. Larson, Mr. Royle, Mr. Straffin and Mr. Lockwood.

B.  DKT.#1367-14 – COMMUNICATION INFRASTRUCTURE CORP.

25 MOUNTAIN ROAD, BLOCK 1, LOT 6

Application to install new antennas on an existing tower as well as install an equipment cabinet.

Mr. Rabolli summarized the prior testimony heard at the March 5, 2014 meeting. There was a short discussion regarding future applications to add antennas to existing towers and there being legislation permitting the antenna additions without appearing before the Board.

Mr. Cascio indicated the resolution was already prepared for this docket and distributed to all Board members.

A motion to approve the application and the Resolution was made by Mr. Kezmarsky, seconded by Mr. Larson. A roll call vote revealed 7 aye votes by Mr. Rabolli, Mr. Dator, Mr. Kezmarsky, Mr. Larson, Mr. Royle, Mr. Straffin and Mr. Lockwood.

VII. ADJOURNMENT:

The meeting adjourned at 8:12 pm on a motion by Mr. Kezmarsky, seconded by

Mr. Rabolli.

These minutes were prepared by Geri Entrup, Zoning Board Recording Secretary.

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