Township of Mahwah s7

TOWNSHIP OF MAHWAH BOARD OF ADJUSTMENT

MINUTES

OCTOBER 3, 2012

The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Drive, Mahwah, NJ, beginning at 8:00 pm was called to order by Mr. Rabolli, Chairman, with the reading of the opening statement followed by the flag salute.

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. Rabolli Mr. Dator Mr. Cimis Mr. Kezmarsky Mr. DeSilva Mr. Royle

Mr. Mike Kelly, PE

ABSENT: Mr. Whiteman Mr. Larson

ATTORNEY: Mr. Ben R. Cascio, Esq.

A moment of silence was observed for the passing of Board Member Mr. Nick Savino. Mr Cimis and Mr. Dator spoke highly of Mr. Savino and noted his many years of contributions to the Township and the Board of Adjustment.

I. APPROVAL OF BILLS:

9/5/12; 9/19/12 $400.00 Ben R. Cascio, Esq. – Attendance Two meetings Period – September 2012 $337.50 Dkt.#1346-12 (Beramendi)

A motion to approve was made by Mr. Dator, seconded by Mr. Kezmarsky. A roll call vote revealed 6 aye votes by Mr. Rabolli, Mr. Cimis, Mr. DeSilva, Mr. Dator, Mr. Kezmarsky and Mr. Royle.

II. APPROVAL OF MINUTES:

None to present.

1 Township of Mahwah Board of Adjustment Meeting Minutes October 3, 2012

III: MEMORIALIZING RESOLUTIONS:

None to present.

IV. OPEN TO THE PUBLIC:

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

V. PUBLIC HEARINGS:

A. DKT.#1348-12 – KARL & FRANCINE KERN 748 WYCKOFF AVENUE, BLOCK 165, LOT 1

This application is for Use Variance relief to permit the existing building on the property (multi-family residence) to be used as a real estate office.

Mr. James Jaworski, of Wells, Jaworski & Liebman, LLP, approached on behalf of the Applicant. Mr. Cascio indicated all notices were in order.

The Applicant has owned the property since 2004. Mr. Jaworski presented the Board with a copy of a Deed which was marked as Exhibit A-1. This property is in the R-40 Residential Zone. The Applicant is bifurcating the application and requesting a use variance. If approved, the Applicant will return to the Board with a detailed site plan. Mr. Jaworski reviewed the use variance criteria. Due to road construction at the intersection, there is an unusual front-yard setback. The home is very close to both Forest Road and Wyckoff Avenue. The site is situated directly across the street from a commercial, multi-tenant retail strip center. Mr. Jaworski stated there are also wetlands in the area. The existing use is a two-family home, which is an existing non-conforming use. There is a historic marker located on the Wyckoff Avenue side of the property. The Applicant has maintained the home and property since purchasing. Mr. Jaworski spoke of the overall aesthetics of the property. He stated the commercial use of a real estate office will be a less intensive use then a two-family residential use.

Mr. Jaworski called Mr. Karl Kern of 691 Smoke Hollow Trail, Franklin Lakes. Mr. Kern was sworn in by Mr. Rabolli. Mr. Kern gave his background and was qualified as a realtor. His realty business is mostly residential and at one time, there were between 40-45 agents employed. His partner retired and he is looking to relocate. There are currently 11 agents and his focus continues to remain residential properties. Mr. Kern described the corner property as very noisy and dirty. He proposes to be at the property on a daily basis. There is no proposed increase or changes to the current footprint although a deck was mentioned. The site intensity was discussed. Hours of operation would be between 9:00 am – 5:00 pm. Mr. Kern would agree to lights off after 8:00 pm as a condition of approval. There are 12 parking spaces proposed.

Mr. Kern noted his current real estate location in Wyckoff is for sale. It is co-owned and he is now looking for a place for himself. If the Board approves the application, Mr. Kern would agree to supplement the landscaping, lighting and fencing as noted on the site scheme. It is unclear on who owns the existing fence.

Mr. Dator questioned the law on having a professional office within a residential home on a county road. Mr. Cascio indicated there are very restrictive requirements with having a professional office as part of someone’s dwelling.

There were no further questions from the Board. Mr. Rabolli opened the hearing to the Public.

Ms. Denise Storms, 764 Wyckoff Avenue, Mahwah, approached. Ms. Storms indicated there are homes that are very close to the road on Chestnut Street, Franklin Street, Forest Road as well as Pulis Avenue. Ms. Storms questioned the hours of operation. Mr. Kern stated Monday through Friday and variable times on the weekends. Ms. Storms continued by questioning if the property was rezoned to commercial, what will happen if and when Mr. Kern himself retires and sells the property. Mr. Jaworski indicated conditions will probably be within the Resolution. Ms. Storms commented the residents in the area would like the property to remain residential.

Mr. Robert Mold, 734 Wyckoff Avenue, Mahwah, approached. Mr. Mold noted the prior application was denied. At the time of purchase, Mr. Kern stated he had always liked the property and the farmhouse.

Mr. Gys Kooy, 759 Wyckoff Avenue, Mahwah, approached. Mr. Kooy asked Mr. Kern if knows the history of the corner. Mr. Kern knows some, but stated not as much as Mr. Kooy. Mr. Kooy noted the people in the area would like to stop the commercial aspect on the corner.

Mr. Terry Feeney, 740 Wyckoff Avenue, Mahwah, approached. Mr. Feeney questioned the current tenant and the construction material being dumped on the property. He is concerned with how the property will be kept in the future. Mr. Kern stated he was not aware of any dumping. Mr. Feeney questioned the fence and there was a short discussion on who owns the fence. Mr. Kern noted if he does own the fence, he will have it repaired. The ‘good’ side of the fence faces Mr. Feeney’s property leading to the conclusion Mr. Kern probably owns the fence.

Ms. Storms reapproached. She asked what Mr. Kern’s plans are if the application is not approved. Mr. Kerns stated the home will remain a two-family home and he may opt to sell it.

Mr. Mold reapproached and asked if the Historical Preservation Commission was aware of this application. There was a short discussion on this matter. Ms. Storms (Secretary to the Historic Preservation Commission) indicated the Commission has not received any documentation to review for this application. Mr. Jaworski will follow up.

Mr. Kern noted he will follow up on having the tenant clean up the property and have the painting finished before the winter. There were no further questions from the Board or the Public for Mr. Kern.

Mr. Jaworski called Mr. Thomas V. Ashbahian who was qualified as an expert architect and engineer. The following two exhibits were presented and marked:

Exhibit A-2 Site Scheme / Data prepared by Thomas V. Ashbahian dated 4/30/12 Exhibit A-3 Color Aerial Location Map with three photos prepared by Thomas V. Ashbahian dated 10/3/12

Mr. Ashbahian described the photographs on Exhibit A-3. He noted the building was in a poor state when Mr. Kern purchased it. He has since maintained it above expectations. Mr. Ashbahian described the area as wetlands to the west, residential to the east and a shopping center to the south. There is a limited setback of six feet by the survey to Forest Road. The standard in the R-40 Zone is 40 feet. Mr. Ashbahian continued by describing the site scheme and noted the parking spaces, the landscaping buffer, the dumpster enclosure and the lighting. Mr. Ashbahian commented on the zoning comparison chart. He believes this home could be converted to a commercial site and if necessary, alterations could be done. Mr. Rabolli noted the time and announced this hearing will be carried until November 7, 2012 at 8:00 pm.

Mr. Rabolli called a recess at 9:32 pm.

The meeting reconvened at 9:40 pm.

B. DKT.#1269-08A – S. PHILIP FILIPPONE MIDVALE MOUNTAIN ROAD, BLOCK 1, LOT 154

This is a continuation of the Public Hearing from September 19, 2012. Introductions by all parties were made as follows:

Attorneys present:

Mr. Dennis J. Cummins, Attorney for the Applicant, Mr. S. Philip Filippone Mr. Robert Zisgen, Attorney for the Objector, Mr. James Venusti

Also present:

Mr. Matthew Fox, Engineer for the Applicant, Mr. S. Philip Filippone

Mr. Cummins noted an application has been sent to the Highlands and he is awaiting a response. Mr. Cummins recalled Mr. Matthew Fox, of Cangor Engineering Associates. Mr. Rabolli reminded Mr. Fox he remains under Oath. Mr. Cummins indicated the Environmental Impact Study (EIS) has already been submitted to the Board (June 2012) and reviewed by Mr. Kelly of Boswell Engineering. The EIS was revised in September, 2012 and also reviewed by Mr. Kelly. Mr. Kelly’s letter dated September 14, 2012,

which commented on the revised EIS, was presented and marked as Exhibit B-1. Mr. Fox went through each item in Mr. Kelly’s letter and gave responses to each. Mr. Rabolli addressed the Board and there were no further questions from the Board in regards to the EIS.

Mr. Kelly suggested that Mr. Fox give the Board an overview of what revisions were made between the original EIS submission in June and the revised submission in September. Mr. Fox complied and noted changes such as adding informational background and history of the site on Page 2 of 20; giving more history on Page 3 of 20; addressed the natural aesthetic features on Page 5 of 20; checked with the DEP to make sure there was no impact to the wildlife survey; outlined techniques the environmental specialist would employ as part of an environmental survey; outlined the memorandum of understanding between the Highlands Council and the DEP; addressed the negative impacts that are normally associated with soil movement operations and provided some mitigation techniques. Mr. Fox indicated he will provide a written summary to the Board.

Mr. Zisgen questioned Mr. Fox and referred to Page 7 of 20 of the revised EIS. He asked what is considered a steep slope. Mr. Fox replied that overall, the property could be classified as having 20-25% steep slopes. Mr. Zisgen continued questioning rock removal with blasting and chipping. Mr. Fox stated the soil removal may last between two and four months; however, he could not comment on blasting and chipping because he does not know at this time if there will be blasting or chipping.

Question and answers continued regarding the cul-de-sac, disturbance, slopes and storm water retention. Per Mr. Fox, there will be ten locations along the driveway for storm water retention and two areas of seepage pits associated with the residential construction. Test holes were discussed. Mr. Fox noted some test holes were taken across the lot for a septic system, not for storm water. It is Mr. Fox’s opinion the storm water retention will function properly as designed. The retention basin discussion continued. Arguments began regarding prior testimony on soil logs. Mr. Cummins noted Mr. Zisgen has had a court reporter come to the hearings and could go back and check the records as to what exactly was or was not said. Mr. Rabolli asked Mr. Fox to bring any information he may have on the soil logs to the next meeting.

Mr. Zisgen questioned the clean out of the chambers. After a short discussion, Mr. Rabolli stated if the application is approved, it will be made mandatory to require an inspection on an annual or a bi-annual basis and it will be the Applicant’s responsibility to clean the ones on his property as well as the ones within the easement. Question and answers began regarding the driveway and rock cross sections. Crushed stone and rock slopes were discussed. Mr. Venusti’s current view includes hardwood trees and greenery. Mr. Zisgen questioned dust control. As Mr. Fox searched for the cited section in the EIS, Mr. Cimis questioned Mr. Zisgen’s preparedness in referencing specific items within the EIS. Mr. Cimis stated if Mr. Zisgen is going to continue to refer to a line item or section within the EIS, he should have marked the page previously. Mr. Zisgen then referred to Page 15. Mr. Fox noted it would be up to the contractor on how to control dust and noted there may be a water truck. Mr. Zisgen concluded his cross examination.

The EIS testimony concluded. Mr. Zisgen noted his future witnesses will include a planner, a fire safety expert, an environmentalist, possibly a blaster and Mr. Venusti. Mr. Cummins may have a planner on rebuttal.

The Board’s future agenda was discussed. Mr. Rabolli made a public announcement this hearing will be carried to December 5, 2012 at 8:00 pm and no further notice will be required.

A motion was made by Mr. DeSilva, seconded by Mr. Kezmarsky to close the Public Hearing of the meeting and adjourn the meeting with all voting in favor.

VI. WORK SESSION:

There were no hearings to discuss during the Work Session portion of the meeting.

VII. ADJOURNMENT:

The meeting adjourned at 10:50 pm on a motion by Mr. DeSilva, seconded by Mr. Kezmarsky.

These minutes were prepared by Geri Entrup, Zoning Board Recording Secretary.