BOROUGH OF ROSELAND

BOARD OF ADJUSTMENT

MINUTES OF SEPTEMBER 8, 2014

Chairman Barretta called the meeting to order at 7:30 p.m.

1. SALUTE TO THE FLAG

2. ROLL CALL

Present on roll call were:

Mr. Santo Barretta

Mr. Paul Aschoff (arrived at 7:35)

Ms. Mary Comito

Mr. Joseph LaRiccia

Mr. Mario Silvestri

Mr. William Tedesco

Ms. Janet Treamont

Mr. Virgil Bavaro

Mr. John Matheis

Ms. Janice Falivena, Attorney

Quorum present.

3. Chairman Barretta announced that Notice of the meeting

had been provided in accordance with the Open Public Meetings

Act. He then read the agenda.

With respect to Application 14-09, McCormack/Freda, Chairman Barretta announced that the Board will carry the application until its October 6 meeting. Although Applicants’ served proper notice upon 200' property owners, their legal notice in the Progress was deficient and they will republish it.

4. PUBLIC HEARINGS

(a) Kenneth Hesselbirg Block 59, Lot 4

41 Eagle Rock Avenue R-3 Zone District

Roseland, NJ Application 14-08

Chairman Barretta ascertained from Ms. Falivena that the

taxes were current and the notices had been satisfied. Applicant said that no trees were being taken down.

Applicant and his son Fred Hesselbirg were sworn by the Court Reporter. They then opened their presentation. Applicant plans a new, detached garage to store vehicles and outdoor equipment, including a tractor. The property is about 1 acre

BOARD OF ADJUSTMENT -2- SEPTEMBER 8, 2014

in size and the homeowners maintain it year round. They did not have detailed plans of the proposed garage because they

chose to seek the variance before incurring architectural costs. At the request of the Board, Applicant agreed to carry the application to the October 6, 2014 meeting so the Applicant can prepare a preliminary plan for the garage.

(b) 172 Eagle Rock Ave Corp. Block 42, Lot 1

191 Eagle Rock Avenue B-1 Zone District

Roseland, NJ Application 14-06

Applicant seeks a use variance to permit a free standing fast

service restaurant whereas under Section 30-404.3(a)(5) of

the Ordinance a fast service restaurant is permitted only as

an integral part of a retail complex and shall not be a

freestanding or stand alone use. Applicant also seeks "C"

variances and waivers for lot set back deficiencies, parking,

landscape buffering, failure to provide loading area, etc.

Mr. Turtletaub recalled his planner, David Zimmerman, to answer questions from the Board, its experts and the public.

Mr. Rosen recalled Mr. Staigar to offer rebuttal testimony to

Mr. Zimmerman's testimony.

The meeting then opened up to the public. Michele

Lazito, Erica Pascatore, Deborah Cessa, Randy Crazner,

Priscilla Narvaez-Johnson, Dominick Bertoldi and John Robertson spoke against this application. Reasons expressed include changing the character of the neighborhood, traffic, overflow parking, congestion and the like.

Michael Pacio, Diane Viggiano, Steve Reid Miller and John Silano spoke in favor, primarily so the property does not remain dormant.

Mr. Turtletaub gave his closing statement, reinforcing the testimony given by his expert witnesses.

Mr. Rosen then gave his closing statement. At the start of his remarks, Vice Chairman Aschoff left the meeting at approximately 9:34 due to a family emergency. First Alternate Bavaro took his place to vote, as he had been present at all of the public hearings and was familiar with the application.

BOARD OF ADJUSTMENT -2- SEPTEMBER 8, 2014

Because of remarks and suggestions made during the public comment period, Mr. LaRiccia asked that the Board be polled to ascertain that no one had been intimidated by anyone about their vote on this application. All Board members confirmed that none had been.

After the Board's deliberations, Ms. Treamont made a motion

to approve the application, seconded by Ms. Comito. Ms.

Comito, Ms. Treamont, Mr. Bavaro and Chairman Barretta voted

in favor of the application. Mr. LaRiccia, Mr. Silvestri and

Mr. Tedesco voted no. The motion to approve did not carry.

(c) Margo McCormack/Roger Freda Block 41

14 Lyons Avenue R-4 Zone District

Roseland, NJ Application 14-09

Application carried to October 6, 2014 meeting

5. RESOLUTIONS - None

6. APPROVAL OF MINUTES

August 11, 2014

Ms. Treamont made a motion to approve the minutes, seconded

by Ms. Comito. All members present voted in favor.

6. GENERAL CORRESPONDENCE - None.

The meeting closed at 10:40 p.m.