BOROUGH OF WESTWOOD ZONING BOARD OF ADJUSTMENT REGULAR PUBLIC MEETING MINUTES April 7, 2008

Transcription

1 BOROUGH OF WESTWOOD ZONING BOARD OF ADJUSTMENT REGULAR PUBLIC MEETING MINUTES April 7, OPENING OF THE MEETING The meeting was called to order at approximately 8:00 p.m. Open Public Meetings Law Statement: This meeting, which conforms with the Open Public Meetings Law, Chapter 231, Public Laws of 1975, is a Regular Meeting of the Westwood Zoning Board. Notices have been filed with our local official newspapers and posted on the municipal bulletin board. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: PRESENT: Raymond Arroyo Dan Koch Joseph Frasco, Vice-Chairman William Vietheer Guy Hartman Christopher Owens (Alt #1) Michael Bieri (Alt. #2) William Martin, Chairman ALSO PRESENT: David Rutherford, Esq., Board Attorney Louis Raimondi, Maser Consulting, PA Board Engineer Steve Lydon, Burgis Associates Borough Planner ABSENT: Eric Oakes (excused absence) 4. MINUTES Minutes of 3/10/08 were approved as amended on motion made, seconded and carried. 5. CORRESPONDENCE: As listed on Agenda and read: 1. Letter dated March 27, 2008 from Clerk's department RE: Ordinance 08-08;

2 2. Letter dated March 20, 2008 from Dunn & Browne, LLC RE: Robert Pickhardt; 3. Letter dated March 26, 2008 from William Petrina RE: adjournment to May 5, 2008 meeting; 4. Letter dated March 25, 2008 from Maser RE: Dennehy; 5. Letter dated March 29, 2008 from Alampi & DeMarrais RE: Paragon Federal Credit Union; 6. Letter dated March 25, 2008 from Maser RE: Paragon Federal Credit Union; 7. Memorandum dated March 27, 2008 from Burgis RE: Paragon Federal Credit Union; 8. Memorandum dated March 14, 2008 from Burgis RE: Paragon Federal Credit Union; 9. Letter dated March 18, 2008 from Robert Hoffmann, Boro Administrator RE: Pickhardt - 66 Pascack Road - Chairman Martin stated in this Memo Mr. Pickhardt requested the fees be waived. He appeared before the Governing Body and was turned away. Mr. Rutherford would inquire as to same. Councilwoman Waneck was in the audience and would also check into this matter. 10. Municipal Land Use Law Notice/Flyer; 6. VOUCHERS: Vouchers totaling $12, were read into the record. The Voucher in the amount of $31.25 for Oikkiej was removed. Total of $12, approved on motion made by Mr. Frasco, second by Mr. Owned and carried unanimously on roll call vote. 7. RESOLUTIONS: 1. Rockland Coaches, 180 Old Hook Road Variance Mr. Rutherford gave an overview of the Resolution of Denial. A motion for approval of the Resolution of Denial was made by Mr. Arroyo and seconded by Mr. Koch. There were no further questions comments or discussions. On roll call vote, all members voted yes. Mr. Hartman was not eligible to vote. Mr. Bieri was not needed to vote. 2

3 2. Fernandez, 45 Ruckner Road Concrete Walkway Around Pool Mr. Rutherford gave an overview of the Resolution of Approval. A motion for approval of the Resolution of Denial was made by Mr. Arroyo and seconded by Mr. Vietheer. There were no further questions comments or discussions. On roll call vote, all members voted yes. Mr. Hartman was not eligible to vote. Mr. Bieri was not needed to vote. 3. Visich, 8 Princeton Place Install deck & convert garage to living space - Mr. Rutherford gave an overview of the Resolution of Approval. A motion for approval of the Resolution of Denial was made by Mr. Owens and seconded by Mr. Arroyo. There were no further questions comments or discussions. On roll call vote, all members voted yes. Mr. Hartman was not eligible to vote. Mr. Bieri was not needed to vote. 8. PENDING NEW BUSINESS: None 9. APPEALS: None 10. VARIANCES, SUBDIVISIONS AND/OR SITE PLANS, APPEALS, INTERPRETATIONS: SWEARING IN OF BOARD PROFESSIONALS FOR PUBLIC HEARINGS The Board Professionals were sworn in 1. Pathan, 33 High Street Land Use and Development Carried to 5/5/ Pavese, 615 Broadway - Use Variance Mr. Rutherford advised he spoke with applicant s attorney, who informed him that the application was likely to be withdrawn. There were multiple uses and a waiver requested. He would advise accordingly. The matter was carried to 5/5/08 pending further action by the applicant. 3. JP Morgan Chase Preliminary and final Site Plan and Variance Application Mr. Rutherford advised he conferred with the attorneys and professionals involved, and suggested a Special Meeting for 5/12/08 at 8:00 p.m. Mr. Miceli was present on behalf of the applicant and agreed. The Board Members and Professionals were in agreement. A motion was so made by Mr. Vietheer and seconded by Mr. Frasco. On roll call vote, all members voted yes. Mr. Rutherford is to prepare the Notice to be published in two newspapers, The Record and the Pascack Press. 3

4 4. George & Virginia Boenigk, 123 Lafayette Avenue in ground pool/fence Carried to 5/5/08 to confirm same. Mr. Rutherford would contact the applicant to see if they will proceed or withdraw. 5. Park/Brian/GV Investment and Consulting Proposed Subway Carried to 5/5/08; 6. Paragon Federal Credit Union, Washington Avenue, Block 805, Lots 2 & 3 Carried to 5/5/08 at request of the applicant; 7. Lynch, 117 Beech Street - Interpretation/Appeal Carried to 5/5/08; Attorney Roy E. Kurnos appeared and inquired about filing for a C variance. He wanted to amend his application while present. Mr. Martin advised he was present for an appeal, and the survey requested did not arrive in time to be reviewed by the Construction Code Official. Therefore, the matter would have to be carried. Mr. Rutherford advised the issue should be identified to see if the Board has jurisdiction. The matter was carried to 5/5/08. No additional notice was required unless the applicant decides to change the nature of the application. 8. Phil Petrina, rd Avenue Proposed Sunroom addition Carried to 5/5/08 at request of the applicant; 9. Solowjow, 161 Kinderkamack Road Proposed dormer (only item ready heard last) Mr. Rutherford advised he reviewed the publication documents, giving an overview. He did not find an Affidavit of Service, and found them to be in order, except he did not find an Affidavit of service, which would have to be submitted. Applicants, Macicj & Joanna Solojow, and their architect, Vincent Cioffi, were sworn in. Mr. Cioffi was accepted and referred to drawing A1, dated 3/3/08 for an addition to their Cape Code style home. They would be adding a little master suite, with new bath, walk-in closet, bedroom and little storage area. The variance requested is for the South side of the house, which creates a side yard condition. On the other side there is a large enough side yard. They would be creating a four bedroom house. In the basement, there is a bedroom with a separate entrance used by Ms. Solojow s father, and they would use two rooms on the first floor and the one on the second. They could fit four cars front to back in the driveway, but only two are legal. He had a set of photographs 4

5 of the Kinderkamack Road elevation, the subject and surrounding properties, which were marked Exhibit A1, a series of seven photos. Mr. Raimondi questioned the side yards, recited differently on the plot plan and survey, and asked how he calculated the rear yard. Mr. Cioffi responded it was his calculation, but he could testify as to same. Mr. Raimondi commented the survey, prepared by Ruben L. Kurens is dated 10/14/98, and the shape of the structure is different from that on the plan. Mr. Martin had questions about the deck as well, and commented it seemed the survey was incorrect. Mr. Cioffi stated if it is an issue, it would be a lot coverage variance. If the Board acted favorably, they would provide a new survey and confirm the coverage numbers. They are not adding any lot coverage, so it would not trigger anything. Mr. Martin commented if it was an error, a new survey would correct it. Mr. Martin asked, and the applicant testified there are no kitchen facilities or cooking in the basement. Also, there is no refrigerator. Mr. Martin would like to see this as a maximum four bedroom house, and that a fifth bedroom would not appear. This would be imposed as a condition of any approval. Also, that this is a single family house, and there needs to be a new survey. A motion of approval with the above conditions was made by Mr. Arroyo and seconded by Mr. Hartman. On roll call vote, all members voted yes. 10. Dennehy, 40 Lester Avenue Addition/Front Porch Incomplete/carried to 5/5/08; Mr. Lydon deemed the application incomplete for six particular items, including the type of application it is, and the relief being sought. Mr. Dennehy was present. His architect was on his way. Mr. Martin stated the only thing he could do is agree to perform the necessary items, and the application should be made complete by the architect. The matter was carried to the 5/5/08 meeting. If there were any questions with the items requested by the Board Professionals, applicant may confer with them. Mr. Rutherford would also reach out to the applicant regarding notice. The Board took a recess from 8:45 8:54 p.m. 5

6 11. F&A Woodland Associates, 309 KinderkamackRoad Use Variance Carried to 5/5/08; 12. Bermudez, 32 Grove Street Replacement of Porch - Carried to 5/5/08; Applicant was not present; Mr. Lydon had not yet reviewed same. This should have been listed under pending new business. Mr. Lydon would review same accordingly and the matter would be carried to 5/5/ DISCUSSIONS: Annual Report & Procedural Rules 1. Procedural Rules Mr. Rutherford advised he attempted to same yesterday. He amended the section pertaining voting by alternates. Alternates can vote on intra-procedural board matters, such as procedural matters. Also, for purposes of uniformity, a docket number system was suggested. Mr. Rutherford would work on Section 210 2(d), whether a Board Member who wishes to recuse himself needs an attorney to be present. This would be continued at the 5/5/08 meeting. 2. Annual Report Action to be taken at the 5/5/08 meeting. The matter was carried to 5/5/ ADJOURNMENT On motions, made seconded and carried, the meeting was adjourned at approx. 9:50 p.m. Respectfully submitted, MARY R. VERDUCCI, Paralegal Planning Board Secretary 6