Township of Mahwah
Board of Adjustment Meeting Minutes
November 18, 2009
TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
NOVEMBER 18, 2009
The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Drive, Mahwah, NJ, beginning at 8:03 pm 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 Drive, Mahwah, NJ. Copies of the tapes may be purchased for a fee.
PRESENT: Mr. Cimis Mr. Whiteman
Ms. Neumann Mr. Kezmarsky
Mr. Savino
Mr. S. Lydon, P.P.
ABSENT: Mr. Rabolli Mr. Slot
Mr. Dator Mr. DeSilva
ATTORNEY: Mr. Ben R. Cascio, Esq.
I. APPROVAL OF BILLS:
10/7/09; 10/21/09 $400.00 Ben R. Cascio, Esq. – Attendance
Two meetings
Period – October 2009 $2,384.50 Ben R. Cascio, Esq. – Services Rendered
Dkt.#1292-09 (Notarfrancesco)
Dkt.#1291-09 (Mondejar)
Dkt.#1192-06 (ADPP)
Dkt.#1262-08SP (Pilot Travel)
Dkt.#1284-09 (Chai Lifeline)
Dkt.#1293-09 (American Towers, Inc.)
A motion to approve was made by Ms. Neumann, seconded by Mr. Whiteman. A roll call vote revealed 5 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Whiteman and
Mr. Kezmarsky.
II. APPROVAL OF MINUTES:
A. MINUTES OF SEPTEMBER 16, 2009
A motion to approve was made by Ms Neumann, seconded by Mr. Savino. All voted in favor.
III. MEMORIALIZING RESOLUTIONS:
None to present.
IV. OPEN TO THE PUBLIC:
Mr. Cimis opened the meeting to the Public for general questions or statements. None
were received.
V. PUBLIC HEARINGS:
A. DKT.#1291-09 – ROMMEL MONDEJAR AND JONATHAN DeMARINO
127 LAKEVIEW DRIVE, BLOCK 9, LOT 18
This application is for an interpretation of the Mahwah Zoning Ordinance as per NJSA 40:5D-70(b) that the keeping of fowl in portable coops that are within five feet of the lot line is a use that predates the Zoning Ordinance. The subject property is located in a Single Family Residential (R-40) Zone.
This is a continuation of the Public Hearing from October 7, 2009.
Mr. Cimis indicated that the following signed certification was received:
Mr. DeSilva October 7, 2009
Mr. George Cotz approached on behalf of the Applicants. Due to the low Board member attendance, Mr. Cotz requested the Board’s calendar be checked for future hearing dates. Mr. Cascio asked Mr. Lydon if he knew of any issues or had any suggestions for the Applicant prior to the next meeting. Mr. Lydon commented that issues (such as setbacks) have been satisfactorily addressed to be able to present to the Board.
Mr. Cimis noted the receipt of a revised application. Mr. Cotz commented on the application and researched the original ordinance.
A motion to carry the Public Hearing to January 20, 2010 was made by Mr. Savino seconded by Mr. Kezmarsky, with all voting in favor.
B. DKT. #1294-09 – RICHARD MARCHESI
131 STAG HILL ROAD, BLOCK 11, LOT 30
The purpose of this application is to request a Certificate of Non-Conformity from the Zoning Board certifying that the uses and structures on the property are legal and non-conforming uses and structures in accordance with N.J.S.A. 40:55D-68.
Mr. Bruce Whitaker approached on behalf of the Applicant. Mr. Whitaker gave a brief overview of the application. Mr. Marchesi is the contract purchaser of the property. There are four structures on the site that are non-conforming. The property is located in the R-40 Zone, which permits one single-family home. A Certificate of Non-Conformity has never been issued. Mr. Whitaker referred to the land use law and indicated that the first Mahwah zoning ordinance ever passed was December 19, 1946.
Mr. Whitaker provided exhibits to the Board Members and the following were marked:
Exhibit A1 Packet of exhibits in subsections listed below:
Subsection A Chain of Title
Subsection B Deed from Edith E. Miele and William E. Miele and Henrietta Cucolo and Anthony Cuculo, to Raymond Dator, dated November 20, 1944
Subsection C Tax Record of 1970
Subsection D Tax Assessment – 1975 indicating date built – 1880, 1915, 1920 and 1925
Subsection E Boundary survey of 10/6/09 prepared by Surtech
Mr. Whitaker stated he met with the Mahwah Tax Assessor, Mr. Stu Stolarz, regarding the tax records for the site. Mr. Whitaker made note that Mr. Marchesi has not requested to expand any of the buildings, and he would be operating only what currently exists at the property.
Mr. Whitaker commented that this request is for a Certificate of Non-Conformity to establish that these structures and their use pre-existed the Mahwah zoning code.
Mr. Whitaker called Mr. William Mann. Mr. Cimis swore in Mr. Mann. Mr. Mann was born and raised on Stag Hill Road in Mahwah, NJ. Mr. Mann is familiar with this particular piece of property as he grew up across the street from it. Mr. Whitaker described the Mann family background. Mr. Mann has childhood memories of the four homes on the property. They are the same homes in the same locations. Several of Mr. Mann’s family members still live in the area. Mr. Whitaker had no further questions of Mr. Mann.
Mr. Cascio questioned Mr. Mann’s knowledge of the interior of the homes. Mr. Mann remembers another family in the log cabin house.
There were no questions from the Board for Mr. Mann.
Mr. Whitaker called Mr. Thomas V. Ashbahian. Mr. Cimis swore in Mr. Ashbahian.
Mr. Ashbahian was accepted as an expert architect, forensically and historically, and a planner, pertaining to setback requirements.
Mr. Whitaker questioned Mr. Ashbahian on the land use law and the Certificate of Non-Conformity regulations. Mr. Ashbahian reviewed the survey, shown on a display board. He has also visited the site. Mr. Ashbahian described the survey and described each photo in detail. The following were marked and described:
Exhibit A2 Site Plan
Exhibit A3 Collection of photographs take by Mr. Ashbahian and
Mr. Marchesi
Mr. Ashbahian described, in detail, each of the structures as follows and the photographs were marked to go along with Mr. Whitaker’s Statement of Facts:
A. The Big House – consists of three units and the estimated original construction of this building is mid-to-late 1920s.
B. The Log Cabin – consists of a single unit. The estimated date for original construction was late 19 or early 20th century.
C. The Log House – consists of three units. The estimated date for original construction was early 20th century with an addition constructed in the 1920s.
D. The Country Cabin - consists of one unit. The estimated date for original construction was late 1910s or early 1920s.
Mr. Ashbahian described the construction as having full-sized and rough-sawn lumber. The material used in construction was native material. Upon questioning, Mr. Ashbahian described the interior of the buildings. Each building has its own separate heating unit and own separate utility meter. All of the apartments have separate kitchens, bathrooms and living quarters. In Mr. Ashbahian’s opinion, all buildings were constructed before 1946. Mr. Ashbahian’s review of the site was done by visual observation via an on-site inspection. Mr. Whitaker concluded his questioning of Mr. Ashbahian.
Mr. Whitaker began his planning testimony line of questioning, which included a description of the distances for front yard and side yard setbacks, as noted on the survey.
Mr. Cascio commented the only building that would require a variance is Building D.
Per Mr. Ashbahian, the overall size of the property is 3.48 acres. There are three existing storage sheds that were questioned.
At this point, Mr. Richard Marchesi was sworn in. Mr. Marchesi is the contract purchaser. He plans on removing the three existing sheds and replacing them with one. Mr. Marchesi described each of the four buildings and what currently exists in each. He described the number of units, the bedrooms, kitchens, living rooms and bathrooms. The septic is shared. Mr. Whitaker concluded his questioning of Mr. Marchesi.
Ms. Neumann asked if all the buildings are structurally sound. Mr. Marchesi replied yes. Several more specifics on the buildings were discussed. As part of the renovations,
Mr. Marchesi proposes to update all of the electric, fire and plumbing to be code compliant.
Mr. Cascio questioned Mr. Ashbahian regarding the original building of the units and if he could tell if they’ve been modified. Overall, Mr. Ashbahian replied that all the buildings were built for the habitation that is current (totaling eight units).
Mr. Savino questioned the number of entrances. Mr. Marchesi gave the specifics for each structure.
There were no further questions from the Board.
Mr. Whitaker referenced Exhibit A1 and commented on Mr. Mann’s testimony.
Mr. Whitaker described each of the subsections of the exhibit. He also reviewed the tax records he was able to obtain from the Tax Assessor.
There were no further questions from the Board or the Public.
Mr. Whitaker summarized the application. If the application is approved, they would stipulate that there will be no expansions and will provide a set of plans of what exists there now. This will be submitted as an additional exhibit to be part of the record. Regarding the plans, Mr. Whitaker will provide a date and who prepared them to Mr. Cascio for the resolution.
A motion was made by Ms. Neumann, seconded by Mr. Whiteman, to close the Public Hearing of this docket. All voted in favor.
A motion was made by Mr. Savino, seconded by Mr. Kezmarsky, to continue into the Work Session portion of the meeting.
VI. WORK SESSION:
A. DKT. #1294-09 – RICHARD MARCHESI
131 STAG HILL ROAD, BLOCK 11, LOT 30
The purpose of this application is to request a Certificate of Non-Conformity from the Zoning Board certifying that the uses and structures on the property are legal and non-conforming uses and structures in accordance with N.J.S.A. 40:55D-68.
A motion was made to approve by Mr. Whiteman, seconded by Ms. Neumann. A
roll call vote revealed 5 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino,
Mr. Whiteman and Mr. Kezmarsky.
B. NEW BUSINESS
TENANT APPLICATION #99-0019 – SUBURBAN GREEN, LLC
113 MOFFATT ROAD, BLOCK 59, LOT 15
Mr. Cimis reminded the Board about the original application. Mr. Cimis swore in
Mr. Scott L. Young, the Applicant. Mr. Young is the proposed tenant of Julie Richard, LLC. Mr. Cascio provided a copy of the original Resolution #1003-00 to Mr. Young.
Mr. Cimis stated the original occupant for the property was supposed to be Verizon. Verizon occupied the premises for a short time after which a landscape company moved in. Mr. Cimis referenced Page 7, #1, of the Resolution regarding the installation of a 6-foot height aluminum or wrought iron open-faced fence. Mr. Cimis noted this requirement has not been met by the prior occupants.
The adjacent property owner, Michael Kupchik, was in attendance. Mr. Cimis swore in Mr. Kupchik. Mr. Kupchik gave his opinion of the prior occupants, starting with Verizon, and what was expected to occur at the site. After Verizon, the landscaper moved in and moved the fencing and changed the curb line. Sprinklers were also added. The different occupants and different activities of the site were discussed in detail.
Mr. Young stated his proposed intentions at the site. He is a start-up home efficiency company providing consultations on home energy. This includes heating/cooling/solar and geothermal consultations. This will be strictly an office with two employees and one company vehicle (small van). The building is 3,000 square feet.
Mr. Kupchik referenced the survey and what exists at the site today. He will provide googled photographs of the site as well as the expansions. Mr. Kupchik is concerned with the water spraying and the noise levels from the site.
Mr. Cimis commented that the Board was very specific with the original approval. A discussion ensued regarding the prior occupants and whether or not Julie Richard, LLC is aware of all the issues. Mr. Cimis addressed Mr. Young noting there is a problem with the provisions being ignored of a carefully documented resolution that was created after several hearings. This needs to be rectified and Julie Richard, LLC is the party that needs to address this.
Mr. Cimis suggested that Mr. Young contact Julie Richard, LLC. The Board is aware of the changes that were made at the site without the Board’s approval. A discussion ensued regarding a condition of approval. The resolution has been violated, and it needs to be rectified. Mr. Young is in the middle and understands the Board’s position. Mr. Cimis stated the application could be heard ASAP, which would be on December 2, 2009, and that should be Julie Richards., LLC coming to the Board.
Mr. Cascio indicated that a condition of approval could be granted, and Mr. Young could move into the premises at his own risk knowing that if Julie Richard, LLC does not cooperate, the condition of approval will expire. Mr. Cascio commented on possibly removing the parking on the resident side of the premises and putting in grass.
Mr. Cascio and Mr. Cimis asked that a letter be sent from Ms. Patricia Puorro to Julie Richard, LLC requesting them to appear before the Board of Adjustment on December 2, 2009 to discuss the issues related to Docket #1003-00 and the apparent violations of the conditions of approval in regards to Tenant Application #09-0019.