BOROUGH OF ROSELAND

BOARD OF ADJUSTMENT

MINUTES OF JUNE 9, 2014

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

1. ROLL CALL

Present on roll call were:

Mr. Santo Barretta

Mr. Paul Aschoff

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.

2. Chairman Barretta announced that Notice of the meeting

had been provided in accordance with the Open Public Meetings

Act. He then read the agenda.

3. PUBLIC HEARINGS

(a) 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.

See attached transcript.

(b) David Russak & Jennifer Bradish Block 43, Lot 3

32 Roseland Avenue R-4 Zone District

Roseland, NJ Application 14-07

Applicants seek relief from Section 30-404.1(d) of the Ordinance for installation of an air conditioner unit. The minimum

permitted side yard set back is 12 feet, whereas Applicants

BOARD OF ADJUSTMENT -2- JUNE 9, 2014

propose a 5 foot set back.

Chairman Barretta asked Ms. Falivena if notices had been

satisfied and if taxes are current. Ms. Falivena said they

were. Chairman Barretta then announced this is a hardship

variance and asked if any Board members are within 200 feet

of Applicants. None were.

Both Applicants were present and the court reporter swore them in. Mr. Russak opened the presentation to the Board. He stated they were first time homeowners seeking to install central air conditioning in their home. The house was built in 1938 and the lot is nonconforming. The existing side yard set back is only 8.3 feet whereas 12 feet is required. They were unable to contract an HVAC company to do the work and relied on an uncle to install the unit. They did not know they needed anything but permits, for which they did apply. The Zoning Officer cited them in the course of the installation. The only place they can locate the unit close enough to the electrical box is on the side of the house, resulting in a set back only 5 feet from the property line.

Mr. Russak stated that there is no other suitable, alternative location for the unit, and there is no other open space that

they could purchase to satisfy the Ordinance requirement.

Mr. Tedesco noted that there are other properties in this

neighborhood that have the same problems with their air

conditioners. No one in the audience spoke for or against

the application. Mr. Tedesco made a motion to approve the

application, seconded by Mr. Aschoff. All members present

voted in favor of the application.

4. RESOLUTIONS - None

5. APPROVAL OF MINUTES

May 12, 2014

Ms. Treamont made a motion to approve, seconded by Mr.

Tedesco. All members present voted in favor except Mr.

Aschoff abstained.

6. GENERAL CORRESPONDENCE - None.

Mr. Aschoff made a motion to adjourn. The meeting closed at

9:08 p.m.

cc: Borough Clerk