TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
AUGUST 20, 2008
The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Dr., Mahwah beginning at 8:00 p.m. was called to order by Mr. Rabolli, Vice-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 Dr., Mahwah, N.J. Copies of the tapes may be purchased for a fee.
PRESENT: Ms. Neumann Mr. Savino
Mr. Rabolli Mr. Slot
Mr. Whiteman Mr. Dator
Mr. DeKramer
Ken Ochab, P.P.
ABSENT: Mr. Cimis
ATTORNEY: Ben Cascio, Esq.
I. APPROVAL OF BILLS:
7/31/08 $1,107.00 Matthew Rogers, Esq.- services
rendered – Pilot Litigation
A motion to approve the bills was made by Mr. Dator and seconded by Mr. Whiteman. All voted in favor.
7/31/08 $1,685.00 Ben Cascio, Esq.- 7//2/08 mtg.
Services Rendered Dkt. 1263-08
Dkt. 1264-08, 1261-08
A motion to approve the bills as presented was made by Mr. Slot and seconded by Ms. Neumann. All voted in favor.
II. APPROVAL OF MINUTES:
A. MINUTES OF AUGUST 6, 2008
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August 20, 2008
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A motion to approve was made by Mr. Savino and seconded by Slot. All voted in favor with 2 abstentions by Mr. Dator and Mr. Whiteman.
III. MEMORIALIZING RESOLUTIONS:
None were presented.
IV. OPEN TO THE PUBLIC
Mr. Rabolli opened the meeting to the Public for questions or statements. None
were received.
V. PUBLIC HEARINGS:
A. DKT. #1253-08 – ARTHUR PAPANYAN, 146 JOHNSON AVE.,
Public Hearing carried to October 1, 2008
B. DKT. #1252-08 – FRANK ACCURSO, 9 SURREY LANE
Public Hearing carried to October 1, 2008
C. DKT. #1259-08 – AMB PROPERTY CORP., 100 CORPORATE DR.
James Jaworski, Attorney for the Applicant appeared before the Board. This is a continuation of the June 18, 2008 meeting.
Mr. Jaworski indicated that he staked out the location of the proposed signs for the Board Members’ review. The proposed second free standing sign will be 35 square feet. The first sign is 16 square feet which is the tenant identification sign. They are proposing to locate the sign closest to the driveway. It will be 15 feet from the curb line and not the right of way line.
Under questioning by Mr. Casio, Mr. Jaworski stated the proposed sign will be located 15 feet from the driveway on the east side just opposite the existing sign.
Mr. Jaworski indicated the location on the plan for the Board’s review. He will submit a revised plan showing the new proposed location of the sign.
A motion to approve was made by Mr. Slot and seconded by Mr. Whiteman. A roll call revealed 6 aye votes by Ms. Neumann, Mr. Savino, Mr. Dator, Mr. Slot, Mr. Rabolli, Mr. Whiteman.
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D. DKT. #1266-08 – PETER SANDUSKY, 45 SKYTOP DR.
Notices were in order.
Peter Sandusky, 45 Skytop Rd. was sworn in. He is seeking a variance for a side yard setback of 16.1 where 20 feet is required. There are not encroaching any further into the existing setback. The one story family room addition measures
20 ft. x 23 ft.
The addition will measure approximately 103 feet off the rear property line and well within the rear yard setback. The distance from his property line to his neighbor’s house is approximately 25 feet.
A motion to approve was made by Mr. Whiteman and seconded by Mr. Dator. A roll call revealed 7 aye votes by Ms. Neumann, Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Dator, Mr. Whiteman, Mr. DeKramer.
E. DKT. #1259-08 – KARL & FRANCINE KERN, 646 WYCKOFF AVE.
Notices were in order.
James Jaworski, Attorney for the Applicant appeared before the Board to discuss the issue of res judicata as it applies to their application before scheduling a public hearing for their use variance.
The Board of Adjustment denied the original application Docket No. 741-88 (Edwin O. Jahn) on November 20, 1991 and adopted by Resolution on April 1, 1992. A copy of this Resolution of Denial was attached to the application. The Kerns are proposing to erect a small addition to the existing structure on their property. Since this is an R-40 single family residential zone, office use in not permitted. They have submitted a request for use variance relief.
Mr. Jaworski referred to his letter to the Board dated August 7, 2008 which was marked “A-1”. The letter states Mr. Jaworski’s reasons for this application being substantially different than the first application presented to the Board. Unlike the previous requests, the Kerns hope to retain the residential components on the property while concurrently building an office as an addition. The letter describes the changes that have taken place at this location as well as stating case law as it pertains to res judicata.
Mr. Rabolli opened the meeting to the Public.
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Denise Storms, 764 Wyckoff Avenue was sworn in. She stated her reasons why she felt this was the same type of application as previously presented to the Board. She described the widening of the intersection and how it has impacted not only the Kern property but the residents in that area including her property as well. The location is still in a residential zone. The stores located at the intersection are a non-conforming business use in a residential zone.
Kenneth Ochab, P.P., Fair Lawn, New Jersey was sworn in. The Board retained Mr. Ochab’s services for the purpose of reviewing the res judicata issue from a planning perspective. Mr. Ochab stated his credentials for the record. He prepared a letter dated August 20, 2008 to the Board in which he reviewed the application. He compared the previous application to the new application with respect to the lot size, proposed use, size of new office, number of buildings, parking, impervious coverage and building size total. It was his professional opinion that this is not res judicata. Mr. Ochab’s report was marked “B-1”.
A motion stating that this application was not res judicata and the applicant should move forward with submitting an application in the future was made by Mr. Whiteman and seconded by Mr. Slot. A roll call revealed 5 aye votes by Mr. Rabolli, Mr. Slot, Mr. Dator, Mr. Whiteman, Mr. DeKramer and 2 nay votes by Ms. Neumann and Mr. Savino.
Public Hearing is carried to a future date. Mr. Jaworski will determine a public hearing date, notify the Board and at that time he will notice.
F. DKT. #1268-08 – L.P. HOMES, 671 RAMAPO VALLEY RD.
Notices were in order. Mr. Dator recused himself.
Bruce Whitaker, Attorney for the Applicant appeared before the Board.
Mr. Whitaker indicated that in 1984 the Board of Adjustment approved Crocker Mansion to be used as part of the Rio Vista Club House. In February of 1993 there was an elimination of Crocker Mansion to be used as the club house. At that time Crocker Mansion was to be restored and used for a legal single family home. The house is located in the R-40 zone and consists of 12.49 acres. The Resolution adopted in 1994 states that the acreage down by the Ramapo Valley Rd. is to remain in its natural state.
The Crocker Mansion is a historic home and must be developed in accordance with the requirements by the Federal Government since it is a home listed on the
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National Historic Registry. The improvements will replicate the style, material and the overall atmosphere of what exists now.
Mr. Whitaker addressed the variances needed. A variance is needed for a 6 foot estate fence in the front yard; a tennis court with a surrounding 10 foot fence in the front yard which is also a use variance since tennis courts are not permitted in the R-40 zone and a swimming pool in the front yard. The applicant proposes to fence in the entire property for security purposes. Mr. Whitaker described the type of proposed fencing.
Mr. Whitaker asked the Board for an interpretation of the location of the tennis courts being in a front yard. These tennis courts are to be erected on the property fronting Ramapo Valley Rd. This 5 acre parcel was noted in the 1994 Resolution that it shall not be disturbed. Mr. Whitaker is asking for relief from this condition. He is also asking for an interpretation as to whether the pool is located in a front yard.
Mr. Whitaker addressed a letter from Boswell Engineering dated August 8, 2008 regarding a drainage issue on the adjoining property at 22 Crocker Mansion Dr. The runoff from the pipe has caused significant property damage. Mr. Whitaker indicated that his client knows nothing about this pipe. It is a very old pipe. Mr. Whitaker stipulated that they will look at this situation and have it corrected.
Ralph Lombardi, 22 Crocker Mansion Dr. was sworn in. He is the owner of this property and described the damage that has been done to his property from this drainage issue. He wanted to be assured that this situation will be remedied. Pictures of the damage were given to the Board for their review. Mr. Whitaker assured Mr. Lombardi that they will address this issue with their engineer and Mike Kelly.
John Mayo, P.E. of Conklin Associates 29 Church St. was sworn in. He stated his credentials and was accepted as an expert witness.
Under questioning by Mr. Whitaker, Mr. Mayo described the existing conditions, both on the property and the mansion itself. He then gave an overview of what is being proposed. Mr. Mayo stated that they have done everything they can to minimize the disturbance for the construction of the tennis courts. It will be located 1500 to 2000 feet from the mansion, will have a 10 foot fence around the tennis court and be parallel to Ramapo Valley Road. They will be removing 43 trees and replacing a minimum of 11 trees.
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Mr. Mayo indicated that they will be placing an Estate Fence along certain areas of the perimeter and a chain link fence in the other areas.
Mr. Whitaker marked the Proposed Pool, Garage and Tennis Court Plan as “A-2”. The ordinance which Mr. Whitaker presented to the Board were marked “A-2”. A photo of the wooded area where the chain link fence would be constructed was marked “A-3” and a photo of the front yard of the Crocker Mansion where they would place the 6 foot Estate Fencing was marked “A-4”.
Mr. Whitaker addressed the Boswell Report dated August 14, 2008 in connection with the soil movement application. Mr. Mayo stipulated that they can comply with all comments in this report. Mr. Mayo referred to the approximate amount of soil movement requirements indicating that there may be some change due to the pipe relocation or removal with respect to the drainage issue as discussed earlier in the hearing. Mr. Whitaker indicated that they are requesting a waiver with regards to slopes greater than 1 to 4. The waiver request 1 on 3 is to limit the disturbance for the construction of the tennis courts. The reason for constructing the tennis court in the proposed location as opposed to placing them closer to the mansion is due to the historic integrity, disturbance of grounds and the proximity and visibility to other residents.
Mr. Whitaker presented a photograph of the vegetation along Ramapo Valley Rd. and marked “A-5”. He also presented a photograph of the tennis court location which was marked “A-6”.
Mr. Rabolli opened the meeting to the Public.
Ralph Lombardi reappeared before the Board requesting that he be involved with any decisions made regarding the drainage issue on his property including meetings with Mike Kelly, his representative, etc. Mr. Whitaker agreed to this.
Ira Geller, 50 Village Drive was sworn in. He asked if the applicant would consider putting in shrubs to block the fence from the view on Rio Vista Drive and Village Dr. Mr. Mayo indicated that at this time they are not proposing any shrubs in front of the Estate Fence in the front of the Mansion.
Philip Lipper, 32 Village Drive was sworn in. He was unclear as to the location of the fence. Mr. Mayo described the proposed fencing and its location.
Mr. Whitaker called Vincent LaBarbiera, VHI Builders, 115 Seminary Drive was sworn in. He is in charge of the construction being proposed for this resident and has been given the authority by the owner to make all decisions as it pertains to
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the improvements being made. Mr. Cascio asked that an affidavit from the owner (Mr. Pavlovic) be included in the application granting Mr. LaBarbiera permission to represent them. Mr. Whitaker will submit this affidavit on behalf of Mr. LaBarbiera. Mr. LaBarbiera indicated that he has been working with the Historical Commission with regards to the interior renovations.
Mr. LaBarbiera addressed the concerns of the Board regarding the proximity of the tennis courts to the Mansion. He explained that there are two small garages located at that site and there will be golf carts stored for the purpose of transportation from the Mansion to the courts. There will also be a caretaker in the gatehouse.
After speaking with the residents this evening, Mr. LaBarbiera explained the fencing and indicated that he would be willing to work with the residents as to the type of fence, location, etc. He also clarified where the Estate Fencing is being placed along Rio Vista Drive in proximity to the wall that is there.