TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
SEPTEMBER 19, 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. Dator Mr. Rabolli
Mr. Savino Mr. Slot
Mr. Whiteman Mr. Newhouse
ABSENT: Mr. DeKramer
ATTORNEY: Ben Cascio, Esq.
I. APPROVAL OF BILLS:
8/31/07 $ 400.00 Ben Cascio, Esq. – Meeting attendance
8/1/07 & 8/15/07
8/31/07 $ 135.00 Ben Cascio, Esq. – Services rendered
Dkt. #1220-07
8/31/07 $ 472.50 Ben Cascio, Esq. – Services rendered
Dkt. #1222-07
A motion to approve was made by Mr. Dator and seconded by Mr. Whiteman. A roll call revealed 8 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Dator, Mr. Rabolli, Mr. Slot, Mr. Whiteman, Mr. Newhouse.
II. APPROVAL OF MINUTES:
A. MINUTES OF SEPTEMBER 19, 2007
The following was to be added to the minutes:
Board of Adjustment Minutes
September 19, 2007
Page 2.
Page 6, Paragraph 6, Line 2: After the word property add: “and in a sanitary sewer right of way and contrary to the previously approved site plan.
Line 4: delete “remedy the problem” and add: “relocate all structures to a point within their property.
A motion to approve the minutes with corrections was made by Ms. Neumann and seconded by Mr. Whiteman. All voted in favor with 2 abstentions by Mr. Rabolli and Mr. Newhouse.
III. MEMORIALIZING RESOLUTIONS:
A. DKT. #1234-07 – ROBIN WEIDNER, 1010 RAMAPO VALLEY RD.
Mr. Cascio read the conditional portion of the Resolution. A motion to approve was made by Mr. Slot and seconded by Mr. Dator. A roll call of eligible members revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Rabolli, Mr. Slot, Mr. Dator, Mr. Whiteman.
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. #1216-07 – BEADIN IDOSKI, EILEEN DR.
Public Hearing carried to October 17, 2007
B. DKT. #1219-07 – ED MCCAULEY, 92 BROOKWOOD DR.
Public Hearing carried to October 17, 2007
C. DKT. #1232-07 – YOUNG WORLD DAY SCHOOL, 585 WYCKOFF AVE.
Application withdrawn without prejudice.
D. DKT. #1237-07 – ANTOINETTE KONEFAL, 107 BRAKESHOE PL.
Notices were in order.
Board of Adjustment Minutes
September 19, 2007
Page 3.
Bruce Whitaker, Attorney for the Applicant appeared before the Board.
The applicant is seeking a Certificate of Non-Conformity for the three residential dwelling units located at 107 Brakeshoe Place. A three-family residential structure is not a permitted use within the zone.
Mr. Whitaker gave a brief history of the property dating back to December 4, 1926 when the property was originally conveyed to John Konefal and Ludwika Konefal by deed. Mr. Whitaker stated that based upon information obtained from tax records, it was determined that the home was constructed prior to this date. At that time there was a store on the first floor and three apartments above. Eventually the store was abandoned and was incorporated into the three existing apartments. Mr. Whitaker described the individual apartments.
Mr. Whitaker stated there are two furnaces, separate meters for electric and gas and one water meter. The applicant does not intend to expand the current residential uses but merely requests confirmation that the use is permitted nonconforming use.
Sofia Dembia, 33 Glasgow Terrace was sworn in. Under questioning by Mr. Whitaker, Ms. Dembia stated that she lived at 107 Brakeshoe Place with her family in 1928 and at that time there were four apartments and a candy store. She described the apartments. The candy store became part of the first floor residence and one of the apartments was condensed to make the building a three apartment dwelling. Ms. Dembia stated that there have always been separate apartments in the building. Each apartment has separate bathrooms, kitchens and bedrooms.
There was a question as to the removal of the fire escape and whether or not it is required by code for a multiple dwelling. Mr. Whitaker stated that as a condition of approval he would make inquiries regarding this issue with Gary Montroy, Construction Code Official.
Antoinette Konefal, 107 Brakeshoe Place was sworn in. Under questioning by Mr. Whitaker, Ms. Konefal stated that all the statement of facts given by her in the application were true. She also stated for the record that all three apartments have been in existence since 1955 when she moved to that residence.
Mr. Cimis requested that Mr. Whitaker inquire about having one water meter and whether the Township is aware that the service to the property is for three individual units, each having its own kitchen and bathroom. Mr. Whitaker stated he would advise Brian Campion, Business Administrator of this and have him confirm that the billing procedure to this unit is proper and appropriate.
Board of Adjustment Minutes
September 19, 2007
Page 4.
Edna Wojciechowski, 15 Island Road was sworn in. She confirmed that all statements made this evening were true.
Public Hearing is concluded.
A motion to approve was made by Mr. Slot and seconded by Mr. Savino. A roll call revealed 7 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Rabolli, Mr. Dator, Mr. Whiteman.
E. DKT. #1235-07 – REMINGTON INC. D/B/A RIVER PALM TERRACE, 209 RAMAPO VALLEY RD.
James Frega, Esq., Attorney for the Applicant appeared before the Board.
Mr. Frega stated that the plans have been changed to reflect the request of the Board to remove the refuse area.
Ed Vergano, P.E., 96 Buckhaven Hill, Upper Saddle River was sworn in. He presented the Board with a revised site plan which was dated September 13, 2007 and marked as Exhibit “A-2”. Mr. Vergano addressed the changes made to the plan. The applicant will remove the existing storage and refuse area. The refuse area only will be moved inside the property line. He also showed the placement of the emerald green arborvitae requested by the Board at the last meeting. The light stanchions will now be located in painted island areas.
There was a question regarding the sanitary easement setback line. The proposed addition will be 6.33 feet from the line. Mr. Dator had a concern about whether or not the Board could grant a variance allowing construction within a sanitary easement. Mr. Cascio agreed they could not.
Mr. Frega recalled Mr. Anton. Mr. Cimis asked him if they would agree to honor the sanitary sewer easement line. Mr. Anton does not believe this would be an issue. The difference would be 20 inches or roughly 80 square feet. Mr. Dator suggested they add the square footage to the 63 foot dimension section. Mr. Vergano stated it would be roughly 15 inches if added to this dimension. The Board had no problem with this. Mr. Anton and Mr. Vergano will discuss this with the owners and come up with a final plan. Mr. Cimis asked that a revised plan be submitted.
Mr. Vergano referred to the site plan which indicated the side yard setback will be 6.33 feet. Mr. Cascio asked Mr. Vergano for the correct side yard setback number. As of this date they will be encroaching into the sanitary sewer easement
Board of Adjustment Minutes
September 19, 2007
Page 5.
by 3.67 feet which will have to be corrected. Mr. Vergano will be revising these plans and will advise the Board as to the correct side yard setback.
Mr. Cascio and Mr. Cimis referred to the side yard setback. This portion of the building is in the B-40 zone and the requirement is 20 feet. Mr. Vergano will have to revise his calculations based on this. Mr. Vergano stated they are willing to have the building terminate at the easement area requirement. Mr. Vergano will provide the correct numbers.
Public Hearing is concluded.
A motion to close the public portion of the meeting and go into work session was made by Mr. Slot and seconded by Mr. Dator. All voted in favor.
VI. WORK SESSION:
A. DKT. #1235-07 – REMINGTON INC., D/B/A/ RIVER PALM TERR., 209 RAMAPO VALLEY RD.
A motion to approve with the condition that Mr. Vergano revise the side yard setback figure was made by Mr. Whiteman and seconded by Mr. Dator. A roll call revealed 6 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Slot, Mr. Dator, Mr. Whiteman.
VII. ADJOURNMENT
The meeting was adjourned at 9:40 p.m.
These minutes were prepared by Rosalie DeMartino, Secretary, Board of Adjustment.