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.