TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
OCTOBER 17, 2007
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. 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 Dr., Mahwah, N.J. Copies of the tapes may be purchased for a fee.
PRESENT: Mr. Cimis Ms. Neumann
Mr. Savino Mr. Rabolli
Mr. Slot Mr. Dator
Mr. Newhouse
ABSENT: Mr. DeKramer
Mr. Whiteman
ATTORNEY: Ben Cascio, Esq.
I. APPROVAL OF BILLS:
No bills were presented for payment.
II. APPROVAL OF MINUTES:
No minutes were presented.
III. MEMORIALIZING RESOLUTIONS:
A. DKT. #1237-07 – ANTOINETTE KONEFAL, 107 BRAKESHOE PL.
Mr. Cascio read the conditional portion of the Resolution. A motion to approve was made by Mr. Slot and seconded by Mr. Savino. A roll call of eligible members revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Dator.
B. DKT. #1182-06 – HAWK NEST, LLC, 129 DEERHAVEN RD.
Board of Adjustment Minutes
October 17, 2007
Page 2.
Mr. Cascio read the conditional portion of the Resolution. A motion to approve was made by Ms. Neumann and seconded by Mr. Savino. A roll call of eligible members revealed 5 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Slot, Mr. Dator.
C. DKT. #1235-07 – REMINGTON INC., D/B/A RIVER PALM TERR., 209 RAMAPO VALLEY RD.
Mr. Cascio read the conditional portion of the Resolution. A motion to approve was made by Ms. Neumann and seconded by Mr. Savino. A roll call of eligible members revealed 5 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Slot, Mr. Dator.
D. DKT. #1238-07 – JEFFREY & ROBIN WECHSLER, 2 SWAN RD.
Mr. Cascio read the conditional portion of the Resolution. A motion to approve was made by Ms. Neumann and seconded by Mr. Slot. A roll call of eligible members revealed 5 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Rabolli, Mr. Slot.
IV. OPEN TO THE PUBLIC
Mr. Cimis opened the meeting to the Public for questions or statements. None
were received.
V. PUBLIC HEARINGS:
A. DKT. #1217-07 – VALLEY FITNESS CENTER, 82 MCKEE DR.
Public Hearing carried to December 5, 2007
B. DKT. #1219-07 – ED MCCAULEY, 92 BROOKWOOD DR.
Public Hearing carried to December 5, 2007
C. DKT. #1216-07 – IDOSKY, EILEEN DRIVE.
Public Hearing carried to December 5, 2007.
D. DKT. #1236-07 – DOUGLAS GIPPLE, 69 WEST AIRMOUNT RD.
Notices were in order.
Board of Adjustment Minutes
October 17, 2007
Page 3.
Douglas Kinz, Attorney for the Applicant appeared before the Board.
The applicant is requesting a variance to allow him to keep the existing shed which encroaches into the rear yard setback requirement. Mr. Kinz also stated that there is an existing concrete pad which was once the foundation for a garage that has since been demolished.
Mr. Gipple hired a contractor in 1998 to construct the existing shed and was told at that time by said contractor that no permit was needed. However, he was unaware of the town’s zoning requirements and setbacks. Mr. Gipple constructed a fence recently and upon inspection of the fence, an inspector noticed the shed was encroaching into the rear yard setback. The permitted setback is 5 feet and the sheet is 2.53 feet from the rear property line. Mr. Kinz explained to the Board that because of the topography it would be impossible to move the shed forward to conform to the permitted setback without causing a safety problem in trying to get in and out of the shed.
Douglas Gipple, 69 West Airmount Rd. was sworn in. Under questioning by Mr. Kinz, Mr. Gipple stated he has owned the home since 1995 and described the repairs done since then. Mr. Kinz marked the survey of the property dated February 23, 2007 as “A-1” which shows the garage foundation, shed, retaining wall and turn around. Mr. Kinz marked the purchase order from Heartland Industries, Inc. for the shed as “A-2”. He described the shed as 10 ft. x 10 ft. and 8 ft. high. A brochure of sheds was marked “A-3”. Mr. Gipple then described the fence which was erected in his backyard.
Mr. Kinz addressed photos taken of Mr. Gipple’s property which were marked “A-4” A thru I. Under questioning by Mr. Kinz, Mr. Gipple described each photograph.
There was a discussion regarding the rebuilding of the garage on the existing foundation. Mr. Cascio advised the applicant that if this was his intention he would have to come back to the Board for a variance. At this time Mr. Gipple has no plans to rebuild the garage.
Mr. Savino made mention to the type of shed indicated in the application and survey which states it is a metal shed. The applicant testified the shed is made of wood and will correct the application and shed to reflect this.
Mr. Cimis asked the applicant that in the event the shed has to be replaced for any reason would he agree to position it so it would conform to the setback. Mr. Gipple agreed.
Board of Adjustment Minutes
October 17, 2007
Page 4.
E. DKT. #1241-07 – FAITH & MICHAEL HOCHMAN, 27 HARING LANE
Notices were in order.
Ed Vergano, P.E. and Michael Hochman, 27 Haring Lane were sworn in. The applicant is seeking a variance to construct a pool in the front yard.
Mr. Vergano presented some photos of the side and rear of the property. These were marked “A-1” A thru D and dated October 17, 2007. The pool will be located approximately 40 feet off the patio. The pictures show there is a heavy vegetated buffer which surrounds the property.
The pool is proposed to be located 27 feet from the rear property line, 13.18 feet off the side property line and 16.53 off the front property line. The proposed patio is 1200 square feet and the proposed pool is 761 square feet. The pool is 43 feet long by an average width of about 18 feet. The widest dimension on the patio is 50 feet by 20 feet. There will be an open 4 foot fence surrounding the property.
There was a discussion regarding the distance between the rear property line and the homes in Paddington Square. It was estimated to be 20 feet. Mr. Cimis asked if they would be willing to put in some type of screening for the benefit of not only their privacy but also for the homes in Paddington Square. Mr. Hochman indicated they would be willing to work something out.
Ms. Neumann questioned the front yard setback indicating that this setback could be met if they repositioned the pool. Mr. Hochman stated that they had several pool people look at their property and they all agreed that this would be the best location for their pool. Mr. Vergano also agreed and stated that there is a substantial buffer of evergreens between the pool and the curb line. If this pool were to be repositioned it would have a greater impact on the neighbor to the side of his property than the home across the street on the cul de sac.
Mr. Cimis opened the meeting to the Public.
The following residents appeared before the Board and were sworn in:
Laura Lindner, 1191 Richmond Rd. (Paddington Square) had a concern with the noise level and would like to see more of a buffer.
Jill Lieber-Cox, 1190 Richmond Rd. also had a concern with the noise level. She asked if a higher solid fence could be placed along the property line.
Board of Adjustment Minutes
October 17, 2007
Page 5.
Joe Acunto, 1215 Richmond Rd. had a concern with the pool equipment location. He was not opposed to the Board granting the variance. He asked if the pool equipment could be moved closer to the house and further away from the Paddington Square residents.
Tom Masterson, Masterson Pool, 476 Rt. 17 North, Ramsey was sworn in. Regarding the pool equipment, Mr. Masterson stated they will look into relocating the equipment back at least an additional 7 feet from the property line. Mr. Slot asked if they could screen in the equipment with some type of fencing. Mr. Masterson stated they could screen in two sides only because of the air flow. He also recommends that the equipment not be run more than 12 hours a day. It could be run from 6 a.m. to. 6 p.m. and would eliminate any noise during the evening hours. They will look into the different possibilities of relocating the pool equipment.
In answer to Mr. Cascio’s question regarding moving the pool equipment closer to the pool, Mr. Masterson indicated that there is an electrical code which states the pool equipment must stay within so many feet of the pool. He stated they would place the equipment as close to the pool as allowed by code.
VI. WORK SESSION:
A. DKT. #1236-07 – DOUGLAS GIPPLE, 69 WEST AIRMOUNT RD.
A motion to approve was made by Mr. Dator and seconded by Mr. Rabolli. Mr. Cimis requested that as a condition of approval, the shed be relocated in the event it needs to be replaced. Also, the garage shall not be rebuilt without coming back to the Board for a variance. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Dator.
B. DKT. #1241-07 – FAITH & MICHAEL HOCHMAN, 27 HARDING RD.
A motion to approve was made by Mr. Dator subject to moving the pool equipment as close to the pool as allowed by the electrical code. Mr. Cimis added that there is to be an extension of the landscape berm (3 ft.) so it would close at each end with the decking. The motion was seconded by Mr. Slot. A roll call revealed 6 aye votes by Mr. Cimis, Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Savino and 1 nay vote by Ms. Neumann.
C. OLD/NEW BUSINESS:
Board of Adjustment Minutes
October 17, 2007
Page 6.
Mr. Dator had some suggestions he wanted to share with the Board members. He and Mr. Cimis discussed having the Board officially right a letter to the Council requesting that in the 2008 budget that they allow for buying a projector for the Council Chambers which could be used by all the Boards.
Mr. Dator also suggested that a Google Aerial Photo be attached to all applications for the Zoning Board.
VII. ADJOURNMENT
A motion to adjourn was made by Mr. Slot and seconded by Ms. Neumann. All
voted in favor. The meeting was adjourned at 10:55 p.m.
These minutes were prepared by Rosalie DeMartino, Secretary Board of Adjustment.