TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
FEBRUARY 21, 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. Savino Mr. Rabolli
Mr. Slot Mr. Dator
Mr. DeKramer Mr. Newhouse
ABSENT: Mr. Whiteman
ATTORNEY: Ben Cascio, Esq.
I. APPROVAL OF BILLS:
No bills were presented for payment.
II. APPROVAL OF MINUTES:
A. MINUTES OF JANUARY 24, 2007
A motion to approve was made by Mr. Slot and seconded by Mr. DeKramer. All voted in favor.
III. MEMORIALIZING RESOLUTIONS:
No Resolutions were presented.
IV. OPEN TO THE PUBLIC
Mr. Cimis opened the meeting to the Public for questions or statements. None
were received.
V. PUBLIC HEARINGS:
Board of Adjustment Minutes
February 21, 2007
Page 2.
A. DKT. #1215-07 – JUDITH PECK, 57 THUNDERHEAD PL.
At the last meeting, the notices were not in order. Two of the neighbors within 200 feet were not notified properly. Public hearing was continued to this evening’s meeting. Notices are now in order.
Mr. Cimis opened the meeting to the public. No members of the public appeared before the Board. Public Hearing was concluded.
B. DKT. #1214-07 – MARC & JANE SIMONE, 10 WEST RD.
Notices were in order.
Marc & Jane Simone, 10 West Rd. were sworn in. Mike Carullo, Architect, 2 Elizabeth Lane was sworn in. The applicant is seeking a side yard variance for an addition to accommodate their elderly parents. The proposed one story family room measures 18 ft. x 24 ft.
The proposed addition will leave a side yard setback of 21.3 feet where 30 feet is required in the R40 zone. The existing side yard setback is 39.3 ft.
Under questioning by Mr. Cascio, Mr. Simone described the existing house and the proposed addition. He stated that the distance from the proposed addition to his neighbor’s house will be approximately 60 ft. Mr. Simone presented photos of the house and property which were marked “A-1” and “A-2”.
Mr. Cimis indicated that he visited the site and stated that some of the homes on West St. have additions to the back of their home avoiding a need for a variance. He asked Mr. Simone if he considered locating the addition to the rear of the house.
Ms. Neumann questioned the living accommodations for the elderly parents. She also asked about having the addition placed at the rear of the house utilizing the garage area as living space and staying within the building envelope. Mr. Simone explained that if they were to put the addition towards the rear of the house the room would be isolated from the rest of the house and he was concerned that this would be a problem for the parents. He also did not want the garage at the back of the house.
Mr. Carullo stated that the house is being designed for aesthetic purposes also and having the addition to the rear of the house would block off the deck from open space.
Board of Adjustment Minutes
February 21, 2007
Page 3.
Mr. Cimis opened the meeting to the Public.
Karen Gaetano, 12 West Rd. appeared before the Board. She was concerned about water run-off and whether or not there would be drains put in. Mr. Carullo stated that they could put in a drain from the gutter to the street.
Frank Gaetano, 12 West Rd. appeared before the Board and was sworn in. He stated his objections to the addition. Mr. Gaetano presented a petition signed by some of the neighbors objecting to the addition. Mr. Cascio marked this petition “O-1”.
Mr. Carullo stated that the Simone’s would be willing to cut back the addition from 18 feet to 16 feet.
Public Hearing was concluded.
C. DKT. #1202-06 & DKT. #1202-06 SP – SPRINT SPECTRUM, L.P., 997 MACARTHUR BLVD.
Stephen Marshall, Attorney for the applicant was present.
Mr. Marshall referred to the Board’s requests from the previous meeting of December 20, 2006. He stated that the Board was in receipt of photographs of existing tree monopoles and information regarding the generators used for back up.
Mr. Marshall stated that after preparing an actual survey, they have determined that the distance to the nearest resident is now 482 feet instead of 452. The current plan now shows a side yard setback of 82 feet to the pole and a rear yard setback of 46 ft.
Mr. Cimis referred to a letter dated February 9, 2007 from Michael Varner, Bergen County Planner and a letter dated February 13, 2007 from Farouk M. Ahmad, P.E. also from the County of Bergen, Department of Planning and Economic Development. Mr. Marshall stated that they have submitted an application to the Bergen County Planning Board and awaiting a reply.
Mr. Marshall recalled Richard Coad, P.E.. He addressed the site plan last revised January 23, 2007. Mr. Coad stated that the revisions on the plans were based upon a physical survey made at the site which established the location where they could put the compound to minimize the number of trees to be removed.
Board of Adjustment Minutes
February 21, 2007
Page 4.
Mr. Coad described the setbacks on the revised plan. The proposed setback for the shelter is 98 feet and the other side is 97 feet. The rear yard is proposed at 58 feet. The monopole is located 82 feet from one side and 120 feet on the other. The rear yard is proposed at 46 feet. There are 24 trees to be removed.
Mr. Cimis questioned the proposed lighting. Mr. Coad stated that they are proposing a 100 watt light above the door located on the shelter.
Mr. Marshall referred to the letter from Malcolm Pirnie dated February 6, 2007 and marked “A-20”. Mr. Cimis had a concern regarding damage to the sanitary sewer in the easement from heavy vehicles traversing the access road. The letter stated that the applicant’s contractor will use mats or plates on the access road to protect the sanitary sewer during construction. Mr. Cimis asked if reinforced concrete of appropriate strength could be used to cover the 8 inch PVC pipe. Mr. Cascio indicated that there may be a problem putting a permanent structure over an easement. Mr. Marshall indicated that they would take every precaution to protect this sewer line. Mr. Coad stated that he will work with Justin Mahon of Malcolm Pirnie, Inc. and Sprint to be sure this is done properly. Mr. Coad also stated that they have agreed with Mr. Mahon to install above grade markers for the utilities and the sanitary sewer so that potential excavation will be aware of the underground facilities.
Mr. Marshall referred to the Boswell McClave Engineering letter dated February 12, 2007 and marked “A-21”. He addressed each comment listed under the variances and waivers. Regarding the request for grading and topography for soil movement application, Mr. Coad stated they will provide this to Mr. Kelly. Mr. Marshall read the comments under Site Plan. With regards to the lighting, the Board agreed that there should be a timer switch rather than a sensor due to the wild life located in the area. Mr. Marshall addressed the comment on sound levels generated by the proposed equipment. He stated that the only noise to be generated would be if in the event of an emergency and a generator would be needed to restore power. The manufacturer of this generator is Kohler Manufacturing. The brochure with the specifications pertaining to this generator was marked “A-22”. Regarding the Visual Impact Study, Mr. Marshall stated this has already been provided.
Regarding the soil movement application, Mr. Marshall stated they have done this. Mr. Coad stated they are moving approximately 900 cubic yards. Mr. Marshall presented the soil calculations which was marked “A-23” and described by Mr. Coad. Mr. Coad indicated that there would be no export of material from the site. Mr. Cimis asked that he provide the amount of import. Mr. Coad will provide this information.
Board of Adjustment Minutes
February 21, 2007
Page 5.
Mr. Marshall marked the pictures of the tree monopoles located at various sites as “A-24 a thru g”. These photos were requested by the Board. Mr. Dator stated that he asked for pictures of a particular tree monopole which he has personally seen. He gave Mr. Marshall the address. However, Mr. Marshall indicated that they could not locate this particular tower. Mr. Dator indicated that this is the type of tree monopole he would like to see constructed at this site and not the type shown in the pictures presented this evening. At Mr. Dator’s request Mr. Marshall stated that they will look further into locating this monopole and submitting the picture to the Board for their review.
Mr. Cimis opened the meeting to the public for questions.
Richard Roberts, Associate Vice President and Contracting Officer with Ramapo College, 505 Ramapo Valley Rd., Mahwah appeared before the Board. Mr. Roberts asked if the tree cutting was greater with this plan than the original plan. Mr. Coad stated it was. Mr. Roberts also asked if the original plan impacted the sewer easement. Mr. Coad stated it did not. It does with the revised plan.
Joanne Santoro, 138 Old Woods Court appeared before the Board. She questioned the height of the tower. Mr. Slot asked that she see the photo simulations presented at an earlier meeting to see the affect of the tower at the proposed location. These photos were from the original location. The tower is has now been moved back further. Mr. Marshall recalled Mr. Kronk, P.P. to answer Ms. Santoro’s questions. Mr. Kronk indicated that the tower has now been moved 100 feet to the west and dropped 30 feet in elevation.
Alan Harriman, 144 Old Woods Court appeared before the Board. He is the closest unit to the tower site. He questioned the location where the photographs were taken from. Mr. Kronk referred to “A-2” dated December 6, 2006 which was an aerial photograph. Mr. Kronk stated that the photographs were taken from approximately 120 feet from the residential structure. No photos were taken from the rear of the property which would be closest to the monopole. Mr. Slot asked if you move closer to the monopole would you see more or less of the monopole. Mr. Kronk answered less of the monopole as you move closer to the building or to the taller vegetation to the rear of the property.
Mr. Marshall recalled Timothy Kronk, P.P. Mr. Kronk described the type of variances and waivers needed with this application. The site is located in the CED Zone and cell towers are a conditionally permitted use in this zone. Mr. Kronk stated that a D-3 Variance is needed which is a variance from a conditional use requirement. Mr. Kronk referred to the Coventry Square vs. Westwood decision which states that what the courts opined in this decision was that since
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February 21, 2007
Page 6.
this has already been determined to be an appropriate location for the use what they have to focus on is essentially the deviations. The deviations are between what the conditional use requirement set forth and what they are proposing. It is his opinion that this site is suitable for this use. The “C” variances requested are for side yard and rear yard setbacks for both the shelter and the monopole as stated earlier in the evening. They are also requesting design modification waivers for the height of the shelter and the square footage. Mr. Kronk believes these are de minimis deviations from the ordinances. Installing the monopole at this height at this location would eliminate the coverage deficiencies that Sprint is currently experiencing.
Mr. Cimis opened the meeting to the public for questions or statements.
Sidney Goodman, 158 Grandview Ave. was sworn in. Mr. Goodman prepared a written testimony to read to the Board. He referred to an article in the Record dated January 26, 2007 and stated that the monopole will be very visible and is opposed to the approval of this application. He also brought up issues regarding emissions which Mr. Marshall objected to. Mr. Cimis indicated to Mr. Goodman that the Board cannot give serious consideration to argumentation on the basis of radiation and corollary potential health issues. Mr. DeKramer also stated that it is not only the FCC but the New Jersey Courts who have stated that this could not be used as an argument. Mr. Goodman also stated that this monopole will seriously decrease the property value in the area. Mr. Marshall objected to this statement. Mr. Cascio stated that the Board is aware that they can’t consider this as part of their decision.
Alan Harriman, 144 Old Woods Court was previously sworn in. Mr. Harriman referred to his letters to the Board dated December 4, 2007 and December 7, 2007 which he read into the record. These were marked “O-1” and “O-2”. He voiced his concerns and indicated to the Board that the height of this pole will definitely be a property depreciation problem as well as a health risk problem. He is opposed to the approval of this application.
Joanne Santoro, 138 Old Woods Court was sworn in. She feels this monopole will affect her property value. She also had a petition from the residents in Ramapo Ridge Association. She is opposed to the height of the tower and feels it is much too tall for the area. Mr. Cascio advised the Board that this petition cannot be admitted into evidence since all the residents who signed are not present and are not subject to cross examination. Ms. Santoro’s letter to the Board was marked “O-4”.