Township of Mahwah
Board of Adjustment Meeting Minutes
October 1, 2014
TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
OCTOBER 1, 2014
The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Drive, Mahwah, NJ, beginning at 7:40 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. DeSilva Mr. Straffin
Mr. Whiteman
ABSENT: Mr. Dator Mr. Larson
Mr. Kezmarsky Mr. Lockwood
ATTORNEY: Mr. Ben R. Cascio, Esq.
I. APPROVAL OF BILLS:
09/03/14; 09/17/14 $400.00 Ben R. Cascio, Esq. – Attendance
Two meetings
Period – September 2014 Ben R. Cascio, Esq. – Services Rendered
$513.00 Dkt.#1284-09 (Chai Lifeline Litigation)
A motion to approve was made by Mr. Whiteman, seconded by Mr. DeSilva. A roll
call vote revealed 5 aye votes by Mr. Rabolli, Mr. DeSilva, Mr. Whiteman, Mr. Royle and
Mr. Straffin.
II. APPROVAL OF MINUTES:
A. MINUTES OF SEPTEMBER 17, 2014
A motion to approve was made by Mr. DeSilva, seconded by Mr. Royle. All eligible members voted in favor.
III: MEMORIALIZING RESOLUTIONS:
A. DKT.#1378-14 – LYNDA WALL & PHIL DIGENNARO
29 SURREY LANE, BLOCK 21.01, LOT 37
Resolution granting a front-yard variance to construct an in-ground pool.
A motion to approve was made by Mr. Straffin, seconded by Mr. Royle. A roll call vote revealed 3 aye votes by Mr. Rabolli, Mr. Royle and Mr. Straffin.
B. DKT.#1372-14 – TIMOTHY AND BONNIE SOHA
131 JOHNSON AVENUE, BLOCK 15, L0T 36
Amended Resolution granting a side-yard variances to construct a garage and second-floor addition.
A motion to approve was made by Mr. Whiteman, seconded by Mr. DeSilva. A roll call vote revealed 4 aye votes by Mr. DeSilva, Mr. Whiteman, Mr. Royle and Mr. Straffin.
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.#1377-14 – PETER & DENISE CHARTIER
647 WYCKOFF AVENUE, BLOCK 35, LOT 152
Application for a front-yard variance to construct a fence.
The Applicants, Mr. Peter Chartier and Mrs. Denise Chartier approached, and were both sworn in by Mr. Rabolli. Mr. Cascio indicated all notices were in order.
Mr. and Mrs. Chartier described their application and indicated the property has two front yards. The home faces Wyckoff Avenue with the back facing Pendleton Road. The Applicants would like to construct a six-foot high fence ten feet from the right-of-way on Pendleton Road. They have also proposed to construct a four-foot split rail fence along one side yard as well as a four-foot high chain-link fence in the front of the home. The Applicants have two dogs and neighbor boundary issues and would like more security for pets and children. They anticipate the future construction of a new pool to the rear of the residence. There was a discussion on what exists along the property line on Pendleton Road and along the side yards. An untitled plan was discussed, which detailed the proposed fence locations. There were no further questions from the Board.
Mr. Rabolli opened the hearing to the Public.
Mr. Ronald LeVine, of 3 Pendleton Road approached. Mr. Rabolli acknowledged his association with Mr. LeVine in a legal case and noted full disclosure of such. Neither
Mr. LeVine nor Mr. Rabolli see any conflicts. Mr. LeVine questioned the height of the fence and the breed of the dogs. Mr. Chartier stated the main reason for the height is to contain the dogs, one being an American Pit bull Terrier and the other a mix breed, and deter them from chasing, for example, deer or groundhogs.
Mr. Bill Chiego, of 5 Pendleton Road approached. Mr. Chiego questioned the 10-foot setback and would like to see the fence installed further in.
Mrs. Miriam LeVine, of 3 Pendleton Road approached. Mrs. LeVine asked if any landscaping is proposed. After a short discussion, the Applicants are willing to install landscaping to minimize the visibility of the fence to the neighbors and to work with the neighbors to make the area aesthetically pleasing.
There were no further questions from the Board or the Public. Mr. Rabolli moved into hearing statements from the Public.
Mr. Ronald LeVine, of 3 Pendleton Road approached and was sworn in by Mr. Rabolli.
Mr. LeVine stated there are 27 properties in the area and not one has a fence in the front yard. He believes the fence is visually imposing. He stated there is a bus stop in the area. The dogs being out in the yard may create fear for children and parents that walk by. He believes the negatives outweigh the positives.
Mrs. Miriam LeVine, of 3 Pendleton Road approached and was sworn in by Mr. Rabolli. Mrs. LeVine is concerned with the aesthetics of the area. She stated the Applicants are responsible dog owners; however, the dogs will be loose in the yard and this may create fear for anyone walking by.
There were no questions for either Mr. or Mrs. LeVine; however; Mrs. Chartier requested to make a statement. She stated that not many homeowners have properties with two front yards. They are responsible pet owners. Their dogs would not just be let loose in the yard. They dogs would be out when the Applicants are out raking, doing yard work, etc. The fence will also help deter the dogs from chasing deer in the area. The Applicants are more than willing to landscape the area.
B. DKT.#1379-14 – SEAN AND MICHELE VAN TASSEL
116 LAWRENCE ROAD, BLOCK 72, LOT 156
Application for a variance to construct a two-story addition on an undersized lot and a front-yard variance.
Mr. Royle recused himself from this application.
The Applicants, Mr. Sean Van Tassel and Mrs. Michele Van Tassel approached along with their architect, Mr. Eric Kiellar of 397 Franklin Ave, Wyckoff, NJ. Mr. Keillar was accepted as an expert architect. The Applicants and Mr. Kiellar were all sworn in by Mr. Rabolli.
Mr. Cascio indicated all notices were in order.
The Applicants propose to construct a two-story addition and re-construct an existing non-conforming front porch. Mrs. Van Tassel described the existing porch and the proposed new entrance, which will reduce the existing encroachment. Mr. Kiellar described the proposed addition / porch. He referred to the Boswell Engineering report dated September 25, 2014. Mr. Kiellar indicated he reviewed this report and all issues can be met. There were no questions from the Board or the Public.
A motion was made by Mr. DeSilva, seconded by Mr. Whiteman to close the Public Hearing and move into the Work Session portion of the meeting with all voting in favor.
VI. WORK SESSION:
Note: Docket #1379-14 was discussed first in Work Session
A. DKT.#1379-14 – SEAN AND MICHELE VAN TASSEL
116 LAWRENCE ROAD, BLOCK 72, LOT 156
Application for a variance to construct a two-story addition on an undersized lot and a front-yard variance.
A motion to approve was made by Mr. DeSilva, seconded by Mr. Whiteman. A roll call vote revealed 4 aye votes by Mr. Rabolli, Mr. DeSilva, Mr. Whiteman and Mr. Straffin.
B. DKT.#1377-14 – PETER & DENISE CHARTIER
647 WYCKOFF AVENUE, BLOCK 35, LOT 152
Application for a front-yard variance to construct a fence.
Mr. Royle returned to the dais.
A motion to approve, with conditions, was made by Mr. Straffin, seconded by Mr. DeSilva. A roll call vote revealed 5 aye votes by Mr. Rabolli, Mr. DeSilva, Mr. Whiteman, Mr. Royle and Mr. Straffin.
C. 2015 TENTATIVE MEEITNG DATES
After a short discussion, the 2015 Tentative Meeting Dates for the Board of Adjustment were approved by all Board Members by acclimation.
VII. ADJOURNMENT:
The meeting adjourned at 8:32 pm on a motion by Mr. Whiteman, seconded by Mr. DeSilva.
These minutes were prepared by Geri Entrup, Zoning Board Recording Secretary.
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