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