CALL TO ORDER: Attorney William Haggerty called the meeting to order at 7:30pm.

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1 MINUTES OF THE 2018 REORGANIZATION FOR THE LAND USE BOARD, BOROUGH OF HOPATCONG, HELD AT THE MUNICIPAL BUILDING, 111 RIVER STYX ROAD HOPATCONG, NEW JERSEY FEBRUARY 6, 2018 OPEN PUBLIC MEETING 7:30 PM CALL TO ORDER: Attorney William Haggerty called the meeting to order at 7:30pm. OPEN PUBLIC MEETINGS ACT STATEMENT: Attorney William Haggerty stated that this meeting is held in accordance with the Open Public Meetings Act 10:4-6 et seq. annual notice been forwarded to the New Jersey Herald, the New Jersey Sunday Herald and posted on the bulletin board maintained in the Municipal Building for public announcements. SALUTE TO THE FLAG: Attorney William Haggerty invited all present to salute the flag. OATHS OF OFFICE: Attorney William Haggerty administered the Oaths of Office to the following before the start of the meeting: 1. Mayor Michael Francis as a Class III member for a term of one year expiring December 31, Ronald Tappan as a Class II member for a one year term expiring December 31, Councilman Richard Schindelar as a Class I member for a one year term expiring December 31, Robert Rehe as a Class IV member for a four year term expiring December 31, Justin Lijo as a Class IV member for a four year term expiring December 31, Ryan Smith as Alternate II for a two year term expiring December 31, NOMINATION OF CHAIRMAN: RESOLUTION # Appointing Chairman Attorney William Haggerty asked for nominations for a Chairman. Mayor Francis nominated Alan for the position of Chairman of the Land Use Board for the Borough of Hopatcong for the 2018 year, and was seconded by Justin Lijo. No other nominations made. Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis Chairman took over the meeting. ROLL CALL: PRESENT: ABSENT: PROFESSIONALS IN ATTENDANCE: The Recording Secretary called the roll. Mark Gaffney, Judith Kracht, Justin Lijo, Michael Rahill, Robert Rehe, Phillip Reilly, Ryan Smith, Ronald Tappan, Councilman Richard Schindelar, Mayor Michael Francis, Alan Robert Duncan John Ruschke- Engineer William Haggerty- Attorney Bill Donegan- Zoning Officer NOMINATION OF VICE-CHAIRMAN: RESOLUTION # Appointing Vice-Chairman 1

2 Chairman asked for nominations for a Vice-Chairman. Mike Rahill nominated Robert Rehe for the position of Vice-Chairman of the Land Use Board for the Borough of Hopatcong for the 2018 year, and was seconded by Councilman Schindelar. No other nominations made. Ayes: Gaffney, Lijo, Rahill, Reilly, Tappan, Councilman Schindelar, Mayor Francis, RESOLUTION # Meeting Dates Meeting Schedule January 16, 2018 February 6, 2018 February 20, 2018 March 6, 2018 March 20, 2018 April 3, 2018 April 17, 2018 May 1, 2018 May 15, 2018 June 19, 2018 July 3, 2018 July 17, 2018 August 7, 2018 August 21, 2018 September 4, 2018 September 18, 2018 October 2, 2018 October 16, 2018 November 20, 2018 December 4, 2018 December 18, 2018 January 15, 2019 (Re-Org) A motion is in order to adopt a resolution to approve the Land Use Board Meeting dates for the year Robert Rehe made a motion to approve the Resolution # Meeting Dates and was seconded by Councilman Schindelar. Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis, RESOLUTION # Designation of Official Newspapers The New Jersey Herald, and New Jersey Sunday Herald if not available, The Daily Record may be utilized as an alternate. A motion is in order to adopt a resolution designating the official newspapers of the Borough of Hopatcong. Chairman indicated that the meetings are usually advertised on the Hopatcong Borough website; however that is not official notification. Official notification will be in the New Jersey Herald and the New Jersey Sunday Herald. Justin Lijo made a motion to Approve Resolution # Designation of Official Newspapers, and was seconded by Phil Reilly. Ayes: Gaffney, Lijo, Rahill, Reilly, Rehe, Tappan, Councilman Schindelar, Mayor Francis, RESOLUTION # Non-Fair and Open Contracts A motion is on order to adopt a resolution authorizing the award of non-fair and open contracts for professional services for the year

3 Robert Rehe made a motion to Approve Resolution # Non-Fair and Open Contracts. Seconded by Justin Lijo. Ayes: Gaffney, Lijo, Rahill, Reilly, Rehe, Tappan, Councilman Schindelar, Mayor Francis, RESOLUTION # Appointment of Secretary A motion is in order to appoint Danielle Rennie as the Secretary for the Land Use Board of the Borough of Hopatcong for the year Mayor Francis made a motion to Approve Resolution # Appointment of Secretary (Danielle Rennie). Seconded by Mike Rahill. Ayes: Gaffney, Lijo, Rahill, Reilly, Rehe, Tappan, Councilman Schindelar, Mayor Francis, APPROVAL OF MINUTES: Chairman asked if there were any corrections or additions to the December 19, 2017 minutes. Seeing none, a motion was requested. A motion was made by Mayor Francis and seconded by Councilman Schindelar to approve the minutes of December 19, Ayes: Gaffney, Lijo, Rahill, Councilman Schindelar, Mayor Francis, Rehe, Reilly, Tappan CONTINUED APPLICATION: NEW APPLICATION: 1. Michael and Patricia Darcangelo Block Lot Maxim Drive The applicant is seeking variances for a shed by the driveway, height of garage, and a change in the roofline on the dock shed. Variances being requested are D(4) front yard setback, D(5) side yard setback, D(7) height accessory structure, B(5) accessory structure in front yard, D(2) side yard setback boat/house, any variances required by the Land Use Board; pre-existing nonconforming D(1) lot size, D(2) lot width, A structure within 50 of lake, C(1) retaining wall setback. Michael and Patricia Darcangelo approached the Board and were sworn in by Mr. Haggerty. Mr. Darcangelo explained that the shed on the driveway would be 10 x10 and would be located 4 off the property line, 24 from the street, and 12 behind a neighbors shed. He then showed a picture of the proposed location taken before the last snow, and was marked A1. The shed would be used to house garbage pails, snow blower, etc. Chairman wanted to know why these items could not be kept in the garage. Mrs. Darcangelo said they were not sure about that due to the amount of garden equipment, garbage cans, recycle cans, snow blower, and any other equipment they might need. Mr. Darcangelo said they also wanted to add blacktop and a small retaining wall to that portion of the driveway; Mr. Donegan said they were close to the impervious coverage numbers, but okay. Mr. Donegan also added they wanted to install a walkway with pavers. Mr. Haggerty asked for clarification on the size of the shed requested. After a discussion, the shed would be 8 x10 ; the number on the application was incorrect. 3

4 Chairman requested an as-built survey when everything is said and done. Mr. Darcangelo then spoke about the height of the garage being raised by 3 for the dormer. The space would be used for storing an extensive comic book collection. He then showed a picture of the containers and Mr. Haggerty marked it A2. Mr. Darcangelo went on to explain the garage was damaged by a tree about a year ago, and are taking this opportunity to adjust the size of the garage to fit their needs. Mr. Ruschke asked about the soffits, and made sure the overhang wouldn t change, as they may be encroaching presently; the setback needs to be maintained. Mr. Darcangelo said there would be no water in there, but it would have a ventilation system for the collectables. He then spoke about the shed on the dock. They would like to improve the aesthetics by changing the peak on the top to balance the ridge. The overhang portion is over the dock and won t increase. He then showed a picture of the dock and explained the proposed changes, the picture was marked A3. Mr. Darcangelo said he has coordinated with his neighbors for access on their property if needed for any proposed work. Chairman asked the public for any comments or questions. Madeline and Robert Crawford approached the Board and were sworn in by Mr. Haggerty. Mr. Crawford brought pictures for the Board to review, and expressed his concern for the scale of the garage. Mr. Haggerty marked the first picture C1, taken two weeks ago and is a view from his garage. Mr. Crawford then showed another picture of his property line, this is marked C2. He believes the survey is incorrect; Mr. Ruschke believes the survey presented by the Darcangelo s is accurate. Mr. Haggerty marked the next picture C3, this shows the garage. Picture marked C4 shows the streetscape from across the road. Mr. Crawford explained his main concern is the increase in height of the garage. He said he has given the Darcangelo s permission to use his property to do siding, but believes the garage is oversized and out of scale for the neighborhood. He questioned the size of space requested and is worried about the visual impact the larger garage would have. Mrs. Crawford asked about the original application, saying the second floor of the house was to be used for comic books and now they want a bigger garage to house the comic books. She is concerned about property values and why the need for the larger garage. Mr. Crawford does not see the hardship in granting the variances, he believes it is poor planning. He also said the windows will make it look like living space. Mr. Ruschke suggested a change in the ridgeline accommodate the visual impact of the height. Mr. Darcangelo then showed some pictures of existing garages on the street. A4 is the garage at 239 Maxim Drive, and A5 is the garage at 231 Maxim Drive. Mr. Lijo asked about leaving the ridgeline at 18 and adding the dormer. Mr. Darcangelo said that would make the roofline almost flat. Mr. Rehe asked about the present height inside, and Mr. Darcagelo said it was just under 6. A short discussion ensued concerning the variances requested. It was decided that a vote will take place for each variance. Chairman said the first vote will be for the shed by the road, the second for the height of the garage, and the third for the shed on the dock. Robert Rehe made a motion to approve the shed by the road, seconded by Phil Reilly. 4

5 Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis Nays: Absent: Duncan Abstentions: Mark Gaffney made a motion to approve the height of the garage, seconded by Mike Rahill. Ayes: Gaffney, Rahill, Rehe, Mayor Francis, Nays: Lijo, Reilly, Councilman Schindelar Absent: Duncan Abstentions: Tappan Mayor Francis made a motion to approve the shed changes on the dock, seconded by Robert Rehe. Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis, Mr. Darcangelo asked for a waiver of memorialization. Mr. Haggerty said he could ask, but warned of a possibility of an appeal and he would be doing work at his own risk. Phil Reilly made a motion to grant the waiver of memorialization, seconded by Mike Rahill. Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis, 2. George Mazur & Charles Grembowiec B L West End Ave. The applicant is seeking variances to build a shed. Variances being requested are D(6) rear and side yard setback for accessory structure, E(2) lot coverage, any variances required by the Land Use Board; pre-existing nonconforming (242-38D(1) lot size, D(2) lot width, D(4) front yard setback, D side yard setback.) George Mazur approached the board and was sworn in by Mr. Haggerty. Chairman asked for clarification on whether this application was for a shed or garage. Mr. Mazur said it will be a shed. This will be replacing an existing one for storage, but will be higher. He explained it will sit on 8 of crushed stone, and 6 of concrete. Mr. Lijo asked why this wouldn t be considered a garage, and if there would be a car inside. Mr. Mazur said it was a shed, and he could put a car inside if he wanted to, as well as storage. Mr. Rehe asked if there would be footings or if it would be on the ground; Mr. Mazur said it would be on the ground. A discussion ensued over what criteria would be needed for a garage as opposed to a shed for the Construction Department. As far as Land Use is concerned, it is an accessory structure; construction questions should be deferred to the Construction Department. Chairman said they need to discuss side yard, rear yard and lot coverage. 5

6 Mr. Mazur said the driveway will not be paved; it will be gravel which will take care of the lot coverage issue. Councilman Schindelar believes the structure would be a great improvement to what is there, and the only question would be setbacks. Mr. Mazur said the front section would be facing the yard; nothing would be facing the neighbor s yard. He added there would be 8 between the structure and the house, and there would be no utilities. Mr. Rehe said the way they want it placed makes it look like it belongs there. Chairman asked if anyone from the public would like to comment, seeing none he brought it back to the Board. Mayor Francis made a motion to approve the Mazur/Grembowiec application, seconded by Phil Reilly. Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis, 3. Charles Wendland Block Lot Maxim Drive The applicant is seeking variances to construct a 42 x30 garage and driveway. Soil erosion, sediment control, critical slope and storm water reports will be provided by Careaga Engineering. The variances being requested are (2) lot width, C(1) steep & critical slope, A driveway grade steeper than 15%, A no use permitted on lot without principal building; any variances required by the Land Use Board. Mayor Francis and Councilman Schindelar recused themselves from this application because it is a use variance. Charles and Charlotte Wendland approached the board and were sworn in by Mr. Haggerty. Mr. Haggerty briefly explained the history of the 4 lots in question. Lot 8 has the house, Lot 7 has the small garage, lot 6 is vacant (proposed garage), and lot 32 is on the lake and has the dock. Chairman asked about the issue with the middle lot, and Mrs. Wendland said it cannot be merged with the other lots due to conditions from a previous marriage. Mr. Wendland explained they have finally come up with this solution for the addition of the driveway and garage for storage. Mr. Ruschke spoke about the technical review section of his letter. The lot did not perk, so a septic system could not be installed, thus making it a non-buildable lot. Typically this type of lot would be tied in with the lot containing the primary structure. Mr. Wendland said that had already been done, per the Board s recommendation Mr. Haggerty confirmed that lots 6, 8, and 32 are all tied together; lot 7 is in Charlotte Wendlands name, and cannot be sold apart. Mr. Ruschke spoke about the possibility of installing landscaping for stabilization. He also said the height of the building will be altered slightly by Careaga Engineering, and recommended staying with pavement for the driveway due to steepness. 6

7 Mr. Wendland said the additional questions are answered by Careaga Engineering on page 4 of the plans. Mr. Ruschke asked for a letter from the Engineer addressing certain issues and clarification on specific details. Mr. Haggerty said a condition of approval should be a deed restriction with all of the lots. Mr. Ruschke addressed the remaining issues in his letter, and said most of them were construction and County issues. Mr. Wendland does not have any objections to any of the issues; they will be addressed between Careaga Engineering and Mr. Ruschke. Mr. Wendland went on to say the garage would be a steel building (pre-fab) with possibly two overhead doors; it would be large enough to store 5 cars (one for each child) as parking on Maxim Drive is very limited. This would replace the tents currently on the lot. Chairman asked if anyone from the public would like to comment on this application, seeing none he brought it back to the Board. Mr. Gaffney wanted to make sure there will be no habitation in the space. Mr. Wendland said no, but there would be electric service for lights and a well for washing their cars/boat and watering the plants. Robert Rehe made a motion to approve the Wendland application, seconded by Mark Gaffney. Ayes: Gaffney, Kracht, Lijo, Rahill, Rehe, Reilly, Smith, Tappan, Mr. Wendland then asked for a Waiver of Memorialization. Mrs. Kracht made a motion to approve the Waiver of Memorialization, seconded by Mr. Tappan. Mr. Haggerty said there would be no CO until the deed is recorded with the County and Secretary. Ayes: Gaffney, Kracht, Lijo, Rahill, Rehe, Reilly, Tappan, Nays: Smith Absent: Duncan Abstentions: 4. Stephen Sciaretta Block Lot Bonaparte Point Drive The applicant is seeking variances for an addition to a deck in place of the old stairs and new stairs. Variances being requested are D(5) side yard setback, A structure within 50 of lake, any variances required by the Land Use Board; pre-existing nonconforming (242-38D(1) lot size, D(2) lot width, C retaining wall setback. Stephen Sciaretta approached the board and was sworn in by Mr. Haggerty. Daniel McCarthy, attorney for the applicant also approached the board. Patrick McClellan, Civil Engineer, was also sworn in and accepted as an expert witness. Mr. McCarthy briefly spoke about the history of the property, including work that was done on the deck before a stop work order was issued. Mr. Sciaretta said the deck was separating from the house and needed repair. He said there had to infill where the old staircase was, and projected the deck outward. Mr. Donegan noticed the corner nearest to the lake was 2.5 closer to the lake than that pre-existing staircase was. He said Mr. Donegan told him it needed to be redone, or come before the Board and ask for a 7

8 variance. Subsequently Fred Stewart was contacted to discuss the technical violations, and a new map was produced. Mr. Sciaretta explained changing the configuration would be aesthetically pleasing and improve the functionality of the deck. Mr. Sciaretta then spoke about the changes to the boathouse area saying there is an old wall without function that he would like to cut off to expand access to the boathouse. He said the walls do not hold anything up. The walls will not be removed, just cut down. Even though it is not a Board issue, it was suggested by Mr. Reilly that those walls not be taken down, and a structural engineer should be consulted. Mr. McClellan spoke about Mr. Ruschke s review and said they will comply with all recommendations. He also presented an amendment to the plans, which was marked A1 and addresses issues 2 and 4 on Mr. Ruschke s review. Mr. Sciaretta also said a fence permit has been applied for, and it is for the safety of his grandchildren. The fence will go from the new deck, down the property line, to the boathouse and back up the other side to the back of the house. Chairman asked the public if anyone would like to comment on the application, seeing none he brought it back to the Board. Mayor Francis made a motion to approve the Sciaretta application, seconded by Mike Rahill. Ayes: Gaffney, Lijo, Rahill, Reilly, Tappan, Councilman Schindelar, Mayor Francis, Rehe Mr. McCarthy asked for a Waiver of Memorialization. Mayor Francis made a motion to approve the Waiver of Memorialization, seconded by Justin Lijo. Ayes: Gaffney, Lijo, Rahill, Reilly, Tappan, Councilman Schindelar, Mayor Francis, Rehe ZONING OFFICER REPORT: DISCUSSION: Mr. Tappan spoke about the new addresses for Board and Council members changing to Hopatcong.org. The reason for the change is to keep everything on our local server for OPRA reasons, retention and backing up purposes. Gmail accounts will no longer be used. Mayor Francis added that no Borough business should be conducted on personal accounts; all borough business should stay on Hopatcong.org addresses. RESOLUTION: Hearing Date 1. LH Boathouse LLC 6 Thompson Lane A motion is in order to approve the resolution for variance approval to construct a replacement boathouse, dock and extension of a swim platform and for certification of a pre-existing nonconforming residential use of a detached garage 6 Thompson Lane, Block Lot 37. Mike Rahill made a motion to approve the LH Boathouse resolution, seconded by Mark Gaffney. Ayes: Gaffney, Lijo, Rahill, Tappan, Councilman Schindelar, Mayor Francis, Nays: Duncan Absent: Abstentions: Rehe, Reilly 2. Peter Skolsky 25A Bonaparte Point Drive

9 A motion is in order to approve the resolution for variance approval to authorize the extension of a dock at 25A Bonaparte Point Road, Block Lot 57. Mike Rahill made a motion to approve the Skolsky resolution, seconded by Justin Lijo. Ayes: Gaffney, Lijo, Rahill, Tappan, Councilman Schindelar, Mayor Francis, Rehe, Reilly CORRESPONDENCE: 1. Letter from Sussex County Soil Conservation District concerning soil erosion and sediment control plan for Weldon Quarry. 2. Letter from Lisa Thompson, Esq. stating the Simonson/Medcraft application will be heard March 6, from Martin Straka concerning the Hopatcong Shooting Range. 4. from J. Murphy concerning the Hopatcong Shooting Range. Chairman spoke about item 2, Simonson/Medcraft, saying they will need to re-notice for the March 6th meeting. Chairman then spoke about items 3 and 4 saying the addresses were not the same and one referred to a range at a different location. He added that the range came before the Board strictly as a Courtesy Review. Mayor Francis said it is a Police Training Center. ESCROW REFUND: Verizon Columbia Valley Road Block Lot 16 $ Steven Heyn 125 Lakeside Blvd. Block Lot 1 $ Joseph Emrani 10 Shawnee Road Block Lot 33 $ Roberta Indano 14 Shawnee Road Block Lot 34 $ BILLS: MOTT MC DONALD IV Lentine $ IV Greentree-Townhomes at Lake Pointe $ IV Patrick s Pub- Additional Parking $57.00 IV Bezrutczyk $69.00 IV Skolsky $41.40 IV Meeting Attendance-11/21/17 $ IV Greentree at Hopatcong $ IV Mazor $ IV Rubinstein $ DOLAN & DOLAN Heintz $ Veman $ Greentree at Hopatcong $ Gardner $ Schuffenhauer $ Holanda $ Greentree at Hopatcong $ Dolan $ Simonson $ Atkins $ Sniffen $ Strauss $ Byram Bus $ Holanda $ Board of Education $ Meeting Attendance October 3 & 17 $ Meeting Attendance July & August $ Devin $

10 NEW JERSEY HERALD Bentsianov $ Bezrutczyk $ Strauss $ Hopatcong Board of Ed $ Behnken $ Holanda $ Heintz $ Sniffen $8.10 A motion was made by Mike Rahill and seconded by Councilman Schindelar to approve the bills for February 6, Ayes: Gaffney, Lijo, Rahill, Rehe, Reilly, Tappan, Councilman Schindelar, Mayor Francis, MEETING OPEN TO THE PUBLIC: After giving all persons present an opportunity to address the Governing Body, Chairman Alan returned to the regular order of business. OLD BUSINESS: NONE NEW BUSINESS: ADJOURNMENT: Chairman Alan requested a motion to adjourn the meeting at 9:21pm. Motion by: Justin Lijo Seconded by: All All in favor? Aye Danielle Rennie Land Use Board Secretary 10