Township of Mahwah s5

TOWNSHIP OF MAHWAH BOARD OF ADJUSTMENT

MINUTES

SEPTEMBER 6, 2006

The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Dr., Mahwah beginning at 7:30 p.m. was called to order by Mr. Whittle, 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. Whittle Mr. Slot Mr. Whiteman

Ken Ochab, P.P.

ABSENT: Mr. Rabolli Mr. DeKramer Mr. Newhouse

ATTORNEY: Ben Cascio, Esq.

I. APPROVAL OF BILLS:

II. APPROVAL OF MINUTES:

A. MINUTES OF AUGUST 16, 2006

A motion to approve the minutes was made by Mr. Slot and seconded by Mr. Whiteman. All voted in favor with one abstention by Ms. Neumann.

B. MINUTES OF AUGUST 23, 2006

A motion to approve the minutes was made by Mr. Cimis and seconded by Mr. Savino. All voted in favor with 4 abstentions by Ms. Neumann, Mr. Whittle, Mr. Whiteman and Mr. Slot.

III. MEMORIALIZING RESOLUTION: A. DKT. #1191-06 – HOME YOGA, LLC., 370 FRANKLIN TPK.

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 Ms. Neumann, Mr. Savino, Mr. Whittle, Mr. Slot and Mr. Whiteman.

IV. OPEN TO THE PUBLIC

Mr. Whittle opened the meeting to the Public for questions or statements. None were received.

V. PUBLIC HEARINGS:

A. DKT. #1184-06 – DUMPSTER MAN, INC., 10 MOUNTAINSIDE AVE.

Public Hearing carried to September 20, 2006

B. DKT. #1194-06 – WILLIAM SEVERS, 173 FRANKLIN TPK.

Richard Brady, Attorney for the applicant appeared before the Board. This hearing is a continuation of the August 16th meeting.

In response to the Board’s questions regarding Mr. Sever’s address listed on the application, Mr. Brady presented the following as proof of residency at 173 Franklin Turnpike:

“A-1” – Rockland Electric Bill and Social Security Statements

“A-2” – Application to the Mahwah Planning Board for tenant approval dated March 10, 1983 for trucking and excavating business.

“A-3” – Resolution from the Mahwah Planning Board for tenant approval.

“A-4” - Deed dated June 30, 1987 between Adele A. Jones and Sunrise Associates (William Severs)

“A-5” – Tax Map showing block and lot

Mr. Brady addressed the buffer areas. He referred to the schematic attached to the Planning Board’s Resolution which was signed by the Police Chief allowing parking against the easterly fence line of the property and parking and storage of materials and equipment on the exterior of the garages. Board of Adjustment Minutes September 6, 2006 Page 3.

Mr. Brady explained that the property is in both the B-10 Zone and the Residential zone.

Mr. Severs stated that some of the equipment used on various jobs will be disposed of since they no longer do road sanding.

Mr. Cimis asked Mr. Sever if he would consider partial fencing along Lawrence for screening purposes. Mr. Sever indicated he would look into this if necessary.

Public Hearing is concluded.

C. DKT. #1198-06 – MARC LEFF & DENISE SKOK, 32 SO. BAYARD LN.

Notices in order.

Mr. Cimis recused himself.

Denise Skok & Marc Leff, 32 So. Bayard Lane was sworn in.

The applicants are seeking a variance for a rear yard setback to extend their existing deck by 2 ft. The required setback is 25 ft. and the proposed deck will be set back 18 ft. from the rear property line. The existing setback is 20 ft. which is non-conforming. The deck is a first floor deck.

Public Hearing is concluded.

D. DKT. #1162-05 – NEW CINGULAR WIRELESS PCS, LLC & OMNI- POINT COMMUNICATIONS, 269 E. CRESCENT AVE.

Attorneys Present:

Renu Shevade, Attorney for New Cingular Wireless Greg Meese, Attorney for Omni-Point Communications

Ms. Shevade addressed the question asked of Omni-Point’s Radio Frequency Engineer at the last meeting regarding moving the monopole 1000 ft. to the East and whether or not they would still get the coverage needed. She stated they spoke to the Engineer and he has agreed that this move will in fact provide the necessary coverage needed by Omni-Point. Board of Adjustment Minutes September 6, 2006 Page 4.

Mark W. Tinder, Real Estate Appraiser, 29 Sommerset St., Sommerville, N. J. was sworn in. Mr. Tinder stated his credentials and was accepted as an expert witness.

Mr. Tinder stated that he was retained by the applicant for the purpose of ascertaining if the proposed installation of the cell site could have the potential for a negative impact on the value of neighboring properties. Mr. Tinder described the existing site as well as the surrounding properties. He stated that the nearest house to the monopole Block 127, Lot 8 is 180 ft. There are 6 properties within 500 ft. of the proposed tree pole.

Mr. Tinder described the different factors that have to be considered and weighed by an appraiser. One is the character of use being proposed whether it is intensive or passive. Mr. Tinder believes it is a passive use since there would be no noise, odors or traffic associated with this use. The second factor is with regard to the existing topography and vegetation of this site and the neighborhood. The site would not require any radical change. The third factor is the existing character of uses in the area and their locations relative to the cell site location. It his conclusion that there would be no change in character to the surrounding area that would be represented by this proposed use. The last factor would be the market place. In his research he has found nothing in the market place itself anywhere in New Jersey to see that the market is recognizing any value discounting based upon this type of structure. Based on his observation of the site and the neighborhood studies Mr. Tinder stated that it was his conclusion that there would be no conceivable potential value impact that would be associated with this proposed use.

Mr. Slot questioned Mr. Tinder regarding his conclusion that there would be no negative impact to the surrounding homes. There was a discussion between Mr. Slot and Mr. Tinder regarding his statement. Mr. Tinder again explained his reasons for coming to this conclusion. The other Board members also voiced their opinion and concerns with regard to the impact a cell tower would have on the surrounding homes in the area.

Mr. Ochab asked Mr. Tinder if external variables also come into play when appraising a home such as living next to a park, a quiet street, a golf course which would appreciate the value as opposed to living next to a busy street, cell tower or wetland area which would not. Mr. Tinder stated that what Mr. Ochab described was logical. Mr. Ochab explained to Mr. Tinder that this was the reason why he and the Board members were having difficulty understanding his testimony that the cell tower would have no negative impact on the area. Board of Adjustment Minutes September 6, 2006 Page 5.

Mr. Cascio asked Mr. Tinder if in his appraiser’s manual there is a suggestion that points be taken off if certain uses exist in close proximity to residences. Mr. Tinder indicated that there are no specifics dictating how this should be done.

Mr. Whittle opened the meeting to the public.

John Brotherton, 249 E. Crescent Ave appeared before the Board. He questioned whether or not the site would be maintained. Ms. Shevade will reserve this question for the landlord.

Ms. Shevade recalled Thomas Savvides, Manager of Apple Ridge Country Club.

Mr. Cimis reviewed some of Mr. Savvides’ previous testimony. He also asked Mr. Savvides about the house that was demolished on Carlough Rd. and why they did not consider placing the cell tower in that location. Mr. Savvides indicated that this was for the purpose of moving their 16th green back. He also stated that in his previous testimony he indicated that they have a master plan and were looking to increase yardage on the golf course. Mr. Cimis felt there were other potential locations for the tower and asked Mr. Savvides if he would submit the plan for the Board’s review. Mr. Savvides stated that the plans were confidential and would not do so.

Mr. Cimis discussed another potential location with Mr. Savvides. Mr. Savvides indicated to Mr. Cimis that this location has a complete maintenance facility including a caretaker’s residence. After further discussion, Mr. Savvides stated that his Board will not allow a cell tower at any other location other then the tennis courts.

Ms. Shevade stated that she had discussed the location of the cell tower with the landlord and made every effort to see if they would allow it to be placed at other locations on the site such as those mentioned by Mr. Cimis. The landlord indicated that the tennis courts would be the only permitted location for the tower.

Gary Paton, 83 Fisher Rd. appeared before the Board indicating that he will have questions regarding a future cell tower site on Airmont Rd.

Ms. Shevade recalled Chuck Lee, Civil Engineer. Ms. Shevade addressed the landscaping issue. Mr. Lee stated that there is green space that they could supplement the existing landscape. They would increase the buffer in the northerly direction by adding additional landscaping. They could also add additional landscaping in front of the tennis courts toward the road. Mr. Lee Board of Adjustment Minutes September 6, 2006 Page 6.

stated they would work with the neighbors and the township engineer to provide a suitable landscaping plan to satisfy all parties.

Ms. Shevade addressed the ice loading issue and the impact of an ice storm on the antennas and structural stability of the tower. Mr. Lee stated they are designed to buckle and not fall straight down.

Mr. Whittle opened the meeting to the public.

Donald Marks, 202 Van Winkle Lane appeared before the Board. He presented a report on Cingular taken from the Internet indicating that they have great reception in the area of the Apple Ridge Country Club. Ms. Shevade stated she would refer this to the Radio Frequency Engineer and respond back to Mr. Marks and the Board. Copies were made for the Board members.

Public Hearing is continued on November 1, 2006.

VI. WORK SESSION:

A. DKT. #1194-06 – WILLIAM SEVERS, 173 FRANKLIN TURNPIKE

A motion to conditionally approve was made by Mr. Cimis and seconded by Mr. Slot. One of the conditions would be that the garage is to be used for personal vehicles only and not equipment. A roll call revealed 5 aye votes by Mr. Cimis, Mr. Savino, Mr. Whittle, Mr. Slot, Mr. Whiteman.

B. DKT. #1198-06 – MARC LEFF & DENISE SKOK, 32 SO. BAYARD LN.

A motion to approve was made by Mr. Whiteman and seconded by Ms. Neumann. A roll call revealed 5 aye votes by Ms. Neumann, Mr. Savino, Mr. Whittle, Mr. Slot and Mr. Whiteman.

VIII. ADJOURNMENT:

Meeting was adjourned at 10:30 p.m.

These minutes were prepared by Rosalie DeMartino, Secretary Board of Adjustment.