Zoning Board of Adjustment May 16, 2018 Meeting Minutes Prepared by: Paul Demarest
Opening Remarks (Commenced at 8:26pm) Pledge of Allegiance Attendance Present Joseph Bianco, RA/PP- Chairman Mitchell Monaco- Vice Chairman Thomas Hennessey- Secretary Heena Dhorajia, EIT Evan Elias Richard Daly Wayne Sabo- Alternate #1 Joan Marks- Alternate #2 Barret Abramow- Alternate #3 Ravit Advocat- Alternate #4 Jannie Chung- Council Liaison John Peters- Zoning Officer Daniel Steinhagen, Esq.- Board Attorney Jeffrey Morris, PE- Board Engineer Paul Demarest- Board Coordinator Absent Dharamraj Baboo Correspondence Secretary Hennessey read mail received by the Board into the record. Minutes A motion was made by Ms. Dhorajia and seconded by Vice Chairman Monaco, to approve the minutes for the April 18, 2018 Meeting. The motion passed (8-0-0): YES- Advocat/Abramow/Sabo/Daly/Elias/Dhorajia/Monaco/Bianco; Miscellaneous Mr. Steinhagen instructed Mr. Demarest to inform the applicant for Case #Z-2018-03 (9 Arthur Court/Lindenberg), which was filed on March 6, 2018 and deemed incomplete at the March 28, 2018 Work Session, that failure to appear at the June 20, 2018 Work Session and actively pursue completeness by the Subcommittee, would result in the Board considering dismissal of the application without prejudice for lack of prosecution during its Meeting later that evening. Open To Public Closter, New Jersey (Zoning Board of Adjustment)- May 16, 2018 Meeting Minutes - 2 -
Resolutions Case #Z-2017-10 Garden State Premier Residences, LLC 69 Robinhood Avenue (Block 704/Lot 19) District #2- Residential B Case Synopsis The applicant is seeking Bulk Variances for the construction of a new 1-family house. Representation 1.) Matthew Capizzi, Esq., 11 Hillside Avenue, Tenafly, New Jersey; Witnesses 1.) Michael Hubschman, PE, Hubschman Engineering, PA, 263(A) South Washington Avenue, Bergenfield, New Jersey; 2.) Raymond Hartwick, RA, 769 Elm Avenue, River Edge, New Jersey; Exhibits A-1: colorized version of pre-filed site plan, prepared by Witness #1, dated November 14, 2017 and last revised April 27, 2018; Relief Sought 1.) Bulk Variance: side yard <left-facing> setback (15 minimum required/10.04 provided); 2.) Bulk Variance: side yard <right-facing> setback (15 minimum required/10.04 provided); 3.) Bulk Variance: side yard setback aggregate (30 minimum required/20.08 provided); 4.) Bulk Variance: building coverage (20% maximum allowed/24.98% provided); 5.) Bulk Variance: impervious coverage (30% maximum allowed/33.25% provided); Response to Prior Board and/or Subcommittee Requests 1.) applicant increased proposed front yard setback to accommodate 2 tandem parking spaces in driveway; 2.) applicant eliminated proposed bedroom in basement; New Board Requests Public Questions 1.) Bernard Scaglione, 82 Robinhood Avenue, Closter, New Jersey; 2.) Sang Lee, 74 Robinhood Avenue, Closter, New Jersey; 3.) Pamela Scaglione, 82 Robinhood Avenue, Closter, New Jersey; Public Comments 1.) Pamela Scaglione, 82 Robinhood Avenue, Closter, New Jersey; 2.) Sang Lee, 74 Robinhood Avenue, Closter, New Jersey; 3.) Bernard Scaglione, 82 Robinhood Avenue, Closter, New Jersey; 4.) Victoria Thomas, 75 Robinhood Avenue, Closter, New Jersey; Closter, New Jersey (Zoning Board of Adjustment)- May 16, 2018 Meeting Minutes - 3 -
Decision A motion was made by Secretary Hennessey and seconded by Mr. Daly, to approve the application. The motion passed (7-0-0): YES- Sabo/Daly/Elias/Dhorajia/Hennessey/Monaco/Bianco; RECUSAL- Abramow; Conditions 1.) eliminate proposed bathroom in basement and provide powder room in its place; 2.) eliminate proposed staircase accessing attic and provide retractable ladder in its place; 3.) correct 2 nd floor plan of architecturals (2 bedrooms are identified as Bedroom #2 ); 4.) prohibit future installation of bedroom in basement; 5.) provide final as-built survey upon completion of construction; Case #Z-2018-06 Bryan Massoud 296 Durie Avenue (Block 613/Lot 6) District #2- Residential B Case Synopsis The applicant is seeking a Bulk Variance for the construction of an in-ground swimming pool (partial indoor and outdoor), patio (raised) and walkway (raised) to supplement an existing 1- family house. Representation 1.) Matthew Capizzi, Esq., 11 Hillside Avenue, Tenafly, New Jersey; Witnesses 1.) Michael Hubschman, PE, Hubschman Engineering, PA, 263(A) South Washington Avenue, Bergenfield, New Jersey; Exhibits A-1: colorized version of pre-filed site plan, prepared by Witness #1, dated March 21, 2018 and last revised May 2, 2018; A-2: final as-built survey depicting completed construction of subject house, prepared by John De Grace, PE, PLS, dated February 6, 2007 and last revised May 9, 2007; A-3: Certificate of Occupancy issued for completed construction of subject house (with unfinished basement), prepared by Construction Official (Keith Sager) and dated May 28, 2008; A-4: aerial map of subject and surrounding properties, prepared by Witness #1 and dated May 16, 2018; A-5: pre-filed Amendment to Settlement Agreement executed between Gary Segal/Tamara Segal and Borough of Closter (via Governing Body) relating to landscaping buffer between subject house and 290 Durie Avenue and dated February 27, 2008; Relief Sought 1.) Bulk Variance: impervious coverage (30% maximum allowed/32.55% provided); Closter, New Jersey (Zoning Board of Adjustment)- May 16, 2018 Meeting Minutes - 4 -
Response to Prior Board and/or Subcommittee Requests New Board Requests Public Questions 1.) Bridget Macklin, 308 Durie Avenue, Closter, New Jersey; 2.) Janet Flotard-Lukach, 290 Durie Avenue, Closter, New Jersey; Public Comments 1.) Janet Flotard-Lukach, 290 Durie Avenue, Closter, New Jersey; Decision A motion was made by Mr. Daly and seconded by Ms. Dhorajia, to approve the application. The motion passed (7-0-0): YES- Sabo/Daly/Elias/Dhorajia/Hennessey/Monaco/Bianco; RECUSAL- Abramow; Conditions 1.) retain existing bypass lane (525 sf) of driveway located immediately north of portecochere which was previously-slated for removal; 2.) demolish existing carriage house and construct shed with following characteristics: a.) 1-story/15 maximum height measured to midpoint; b.) 400 sf in area; c.) 10 setbacks from property lines; d.) minimal electrical wiring and hose bib (no heating/cooling accommodations to prevent use as dwelling unit); 3.) demolish existing carriage house prior to start of constructing swimming pool and shed; 4.) provide final as-built survey upon completion of construction; Adjournment Referring to Case #Z-2018-01 (40 Pine Street/Markja), Vice Chairman Monaco revealed that construction on-site had gone beyond what was sanctioned by the Board; he said the existing house, with the exception of the attached garage, had been demolished to its foundation in spite of the approved plan specifying a 2 nd story addition only. Mr. Demarest replied the Building Department is awaiting revisions related to code compliance but deferred to Mr. Peters about the status on potential zoning violations being addressed. Mr. Steinhagen stated if a false representation was presented to the Board that materially undermines the validity of its decision, it can require the applicant to return to the Board resulting in a potential revocation of the variance relief granted. Chairman Bianco expressed concern about Case #Z-2017-07 (91 Ruckman Road/Northern Valley Aquatics, LLC & Camali, LLC), specifically, the elimination of an emergency exit doorway on-site which the Board required to remain. The Board said public safety may be compromised as a result; Secretary Hennessey noted such a field change would require the sanctioning by the applicant s design professional. Speaking from experience performing construction-related forensic follow-ups, Mr. Sabo inquired about legal liabilities the Borough would face stemming from said doorway being removed; Mr. Steinhagen responded saying because the Board approved a certain plan and a field change was subsequently in light of said doorway apparently not being required by code, the Borough has exposure at a minimum, if not liability. He Closter, New Jersey (Zoning Board of Adjustment)- May 16, 2018 Meeting Minutes - 5 -
stressed the Board does not have authority over building codes, however, it does have jurisdiction over site plan issues (pedestrian ingress/egress and circulation), and he felt the elimination of the doorway tends to alter those aspects. Mr. Steinhagen noted an approved revision may already be on-file with the Building Department and at the construction site. Chairman Bianco countered that the New Jersey Uniform Construction Code requires that all prior approvals, of which the Board is included, be met prior to the issuance of a permit/certificate. Mr. Steinhagen stated the larger issue is that the Resolution was not respected and its conditions are not being complied with. Mr. Morris explained that his firm, Boswell Engineering, Inc., when providing private sector services, is often tasked with determining if field changes are de minimis or require further review by an approving authority. Noting he holds multiple licenses with the New Jersey Department of Community Affairs relating to code enforcement, Mr. Sabo said the State often conducts spot inspections to verify approved plans are at construction sites. Mr. Steinhagen said there is a dichotomy between the scope of the field change and if it is within the purview of the Board; he continued saying the life safety issue is not, but the site plan aspects are and, therefore, the Board required said doorway to remain when the case was adjudicated. A motion was made by Vice Chairman Monaco and seconded by Mr. Sabo, authorizing Mr. Steinhagen to write a memo to the Mayor and Council explaining its concern about enforcement of its memorialized Resolutions. The motion passed (7-0-0): YES- Sabo/Daly/Elias/Dhorajia/Hennessey/Monaco/Bianco; Updating the Board on the forthcoming application that prompted his temporary appointment as its Attorney for the calendar 2018, Mr. Steinhagen stated a decision should be determined within 1 month. He reminded that his law firm is representing the public utility, Orange and Rockland Utilities, Inc., for an upcoming application to expand an existing substation located at 20 Michaels Lane. He said the type of application required is under evaluation and if a Use Variance is needed, the Board will have jurisdiction and he must resign as Board Attorney immediately. He further commented that if a Use Variance is not required, Site Plan Approval would be sought from the Planning Board and his firm would have no conflict of interest. Mr. Steinhagen explained there had been recent change(s) to ethic rules in New Jersey relating to an attorney representing a party before a Board he has been retained by. Mr. Steinhagen noted while prior application(s) relating to the subject property were decided by the Planning Board, relevant zoning ordinance(s) have since been amended, specifically, the use on-site is not permitted in District #5 (Industrial). He acknowledged public utilities get special consideration if they apply to the New Jersey Board of Public Utilities, but he said his firm s client refrains from such a practice because it does not want to appear to be sidestepping municipal review. He acknowledged the Board can opt to retain him again upon the resolution of his firm s conflict. A motion was made by Vice Chairman Monaco and seconded by Mr. Abramow to have the Board adjourn at 11:36pm. The motion passed unanimously. Closter, New Jersey (Zoning Board of Adjustment)- May 16, 2018 Meeting Minutes - 6 -