BOROUGH OF ROSELAND
BOARD OF ADJUSTMENT
MINUTES OF DECEMBER 14, 2015
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
Mr. Joseph LaRiccia
Mr. John Matheis
Mr. William Tedesco
Ms. Janet Treamont
Mr. Virgil Bavaro
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.
4. PUBLIC HEARINGS
(a) Medada, LLC Block 21, Lot 22.01
117 Harrison Avenue RM Zone District
Roseland, NJ Application 14-11
Chairman Barretta turned the meeting over to Mr. Aschoff.
Elizabeth Durkin, Esq. appearing on behalf of the Applicant,
requested to withdraw the application without prejudice.
Philip Neuer, Esq. appearing on behalf of Roseland Commerce Park,
objected stating that he felt it should be withdrawn with
prejudice.
After discussion between the attorneys and the Board, Ms.
Treamont made a motion to accept withdrawal of the
application without prejudice, seconded by Mr. Bavaro.
All members present voted in favor of the motion.
Chairman Barretta then returned to the dias.
(b) Wendy & Ariel Costantino Block 25, Lot 13 35 Davenport Avenue R-4 Zone District
Roseland, NJ Application 15-14
BOARD OF ADJUSTMENT -2- DECEMBER 14, 2015
Applicants seek relief from Section 30-403(8)(a) of the Land
Development Ordinance to permit a six foot fence less than fifty percent open, whereas a three foot fence is permitted with 50 percent of the fence open.
Chairman Barretta stated that this was a hardship variance
and asked Ms. Falivena if the notices had been satisfied and
the taxes current. Ms. Falivena said they were. Chairman
Barretta asked the applicant if any trees were going to be
cut down and Mr. Costantino stated there were not.
Mr. Costantino was then sworn in by the Court Reporter and
presented his application to the Board. This is a corner lot, having 2 front yards under the Ordinance. Applicant stated the reason for the six foot fence was due to a basketball court in the corner of the property. The fence, approximately 30 by 40 feet, surrounds that area and is intended to keep balls from going into the street. Applicant said he installed the fence for the safety of his children. There is also an above ground pool on the property that has a fold up locked ladder so it doesn't require a fence. Both the pool and the basketball court were there when he purchased the property four years ago. The fence for which he is now seeking relief is already installed.
When the hearing opened to the public, Mr. Joseph Mattio of 41 Davenport came forward and was sworn in by the Court Reporter. Mr. Mattio stated that he didn't find any major issues with the application. His house is on the opposite corner. His suggestion to the Board to allow the existing fence and have landscaping put up in front of it.
After discussion, the Board asked the Applicant if he would be
willing to remove every other board on the fence and to plant
Leyland Cypress trees every four feet in front of the fence
within one year. The Applicant agreed to these terms.
Mr. Aschoff made a motion to approve the application with
these changes. All members present voted in favor.
5. RESOLUTIONS
Sobel - Mr. Aschoff made a motion to approve the resolution, seconded by Ms. Treamont. All members present voted in favor except Mr. Matheis abstained.
Danieli & Bochese - Mr. Aschoff made a motion to approve the resolution, seconded by Mr. Tedesco. All members present voted in favor except Mr. Matheis who abstained.
BOARD OF ADJUSTMENT -3- DECEMBER 14, 2015
6. APPROVAL OF MINUTES
November 9, 2015
Mr. Aschoff made a motion to approve the minutes, seconded by
Mr. Tedesco. All members present voted in favor except Mr. Matheis who abstained.
7. GENERAL CORRESPONDENCE - None.
Mr. Tedesco made a motion to adjourn the meeting, seconded by
Ms. Treamont.
The meeting adjourned at 8:35 p.m.