Meeting Agendas & Minutes

Board of Adjustment Meeting Minutes 04/26/10

Minutes of the Regular Meeting of the Morris Plains Board of Adjustment held on April 26, 2010 at 7:30 p.m. in the Council Chambers, 531 Speedwell Avenue. The following members were present:

 

Mr. John Conway

Mr. Rosemary Lopez

Mrs. Ruth Mills

Mr. Martin Reilly

Mr. John Scagnelli

Mr. Roy Stewart, Vice Chairman

Mr. Michael Bozza

Ms. Joan Scaccia

Mr. David Schulz, Chairman

 

Mr. William Denzler, Borough Planner

Mr. Leon Hall, Borough Engineer

Mr. Michael Sullivan, Board Attorney

PLEDGE OF ALLEGIANCE TO THE FLAG

 

The meeting was called to order by Mr. Schulz. Mr. Schulz made the statement that adequate notice of this meeting has been published and posted in accordance with Chapter 231 of the Public Law of 1975, "Open Public Meetings Act."

 

APPROVAL OF MINUTES

A minor change on page 483 was requested in connection with application BA-2-10. Where it states "Mr. Schulz stated his application…", it should actually read "Mr. Schulz stated this application.." Mr. Scagnelli moved that the minutes of the March 22, 2010 Regular Meeting be approved as revised, seconded by Mr. Conway.

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mr. Scagnelli, Mr. Stewart, Mr. Bozza,

Ms. Scaccia, Mr. Schulz

Nays: None

Abstain: Mrs. Mills, Mr. Reilly

Motion carried.

COMMENTS FROM THE PUBLIC

Mr. Schulz opened the meeting to the public to speak on matters other than those on the agenda. No comments were forthcoming, and this portion of the meeting was closed to the public.

 

BA-3-10 – L. Smith – My Best Friend’s Closet, LLC – 752 Speedwell Ave.

Block: 63 Lot: 19

Mr. Schulz stated this application is on tonight’s agenda for memorialization of the approval resolution.

 

Mr. Sullivan stated he would like to suggest several changes to the DRAFT resolution distributed to the Board. He listed the changes: (1) in the caption, the block number should be 63, not 6; (2) in paragraph 2 in the first line where the word "clothing" is, it should be stricken and changed to "items", (3) at the end of this sentence he recommends adding "…and continued to sell the same types of items.", and (4) under the Conditions on page 2, the word "clothing" should be stricken in Condition #1 and changed to "items." Several other changes were made to change the word "clothing" to "items."

 

Mr. Conway asked about Item #1 and the statement that the subject property consists of 17,720 SF. He believes this square footage represents the entire building, not the part of the building that will be occupied by the applicant. He pointed out that in an earlier discussion regarding handicapped access, it was determined that if a property is less than 3,000 SF, there would be no ADA requirement.

 

Mr. Sullivan suggested that this issue could be clarified to indicate that the applicant’s use area is less than 3,000 SF of floor area.

 

Mr. Conway moved that the resolution be adopted as modified, seconded by Mr. Scagnelli.

 

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mr. Scagnelli, Mr. Stewart, Mr. Bozza,

Ms. Scaccia, Mr. Schulz

Nays: None

Abstain: Mrs. Mills, Mr. Reilly

Motion carried.

 

BA-1-10 – Wigdahl/Vazaios – 14 Diana Road, Block: 31.01 Lot: 9

Mr. Schulz stated this matter is on tonight’s agenda for completeness and public hearing.

 

The applicant introduced herself to the Board and Professionals.

 

Mr. Hall referred to their April 21, 2010 report and reviewed the checklist items, including the waivers they were recommending. His focus was primarily on the proximity map submitted by the applicants, existing side yard setbacks and combined side yards setbacks. If the applicant has the required information relating to the combined side yard setbacks for the properties along Diana Road tonight, he recommends the granting of a partial waiver to get the applicant to the public hearing. If the combined side yard setback data is what is required, he recommends determining the application complete.

 

Mr. Schulz asked the applicant if she has the necessary information to proceed to public hearing.

 

The applicant replied she did.

 

Mr. Denzler referred to their April 22, 2010 report in which they recommend the application be deemed complete for the same reasons given by the Borough Engineer.

 

Mr. Conway moved that the application be deemed complete with the waivers relating to checklist items, seconded by Mrs. Mills.

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli,

Mr. Stewart, Mr. Schulz

Nays: None

Motion carried.

 

The Board Secretary advised that the proper documentation was provided by the applicant.

 

Mr. Sullivan swore in the Board’s Professionals and the applicants, each of whom identified themselves by name and address. The applicants, Mr. Wigdahl and Ms. Vazaios, provided an address of 14 Diana Road; Tom Segrech provided an address of 389 Monroe Avenue, Wyckoff, New Jersey.

 

Ms. Vazaios provided information regarding the variances being requested and other details about their application. They propose to add an addition at the rear of their existing house. She believes the current garage is in violation in connection with the combined setbacks.

 

Mr. Schulz asked Mr. Denzler if the focus of the testimony will be on the proposed addition and less on the garage.

 

Mr. Denzler answered that this is correct. The reason the garage is involved is because this is where the non conforming side yard is located. This is an existing condition.

 

Ms. Vazaios advised they will not go beyond the current garage line. All the adjacent properties have additions of differing qualities and configurations.

 

Mr. Hall stated he would like a review of the documentation to be distributed tonight relating to the combined side yard setbacks.

 

Mr. Sullivan reviewed the documentation stating there is a proximity plan dated March 20, 2010 with a revision date of April 23, 2010.

 

The Board members and the Professionals reviewed the distributed material.

 

Mr. Hall asked whether there was an average combined yard setback calculation, specifically for the lots that are 50’ wide. There appear to be several double lots.

 

Ms. Vazaios replied she did not have an opportunity to do this kind of comparison. Their neighbors have no objections to the addition they are proposing.

 

Mr. Hall provided commentary regarding what he observed when he reviewed the information provided about combined side yard setbacks in the neighborhood.

 

Mr. Denzler commented on the proximity map, stating that with the addition the proposed footprint of the house will be consistent with the majority of the houses located on Diana Road. He sees no substantial impact on these properties as a result of the applicants’ proposal.

 

Mrs. Mills asked about the size of the deck at the rear. Will it be 14’?

 

Mr. Denzler advised it will be 14’ x10’.

 

Mr. Schulz opened this portion of the meeting to questions from the public of this witness. Hearing none, he closed this portion of the meeting to the public.

 

Mr. Schulz opened this portion of the meeting to commentary from the public on the testimony of this witness. Hearing none, he closed this portion of the meeting to the public.

 

Mr. Sullivan asked Messrs. Denzler and Hall if there should be any conditions in addition to the standard conditions applied to C variance residential applications.

 

Neither Mr. Denzler nor Mr. Hall recommended any additional conditions.

 

Mr. Conway moved that this application be approved, seconded by Mr. Scagnelli.

 

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli,

Mr. Stewart, Mr. Schulz

Nays: None

Motion carried.

 

Mr. Schulz stated the application has been approved. The approval requires a resolution memorializing approval of the application. The memorialization will be on the agenda of the Board’s next regular meeting on May 24, 2010. He provided additional explanation concerning the approval and the resolution.

 

CORRESPONDENCE AND BILLS

Mrs. Mills read the vouchers for approval:

William Denzler and Associates

Professional Services rendered for March 2010 $ 86.25

 

Stickel, Koenig & Sullivan

Professional Services rendered in Raceway vs. the Borough of Morris Plains and the Board of Adjustment $736.75

Anderson and Denzler Associates

Professional services rendered for March 2010 $ 71.00

 

Mrs. Mills moved that the vouchers be approved as read, seconded by Mr. Conway.

 

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli,

Mr. Stewart, Mr. Bozza, Ms. Scaccia, Mr. Schulz

Nays: None

Motion carried.

 

NEW BUSINESS

None.

 

OLD BUSINESS

Mr. Schulz reminded that BA-4-09 Raceway Petroleum will be on the agenda for the May meeting. Mr. Bodnar submitted a letter requesting that the completeness hearing be on the agenda for the May meeting.

 

There being no further business, Mr. Scagnelli moved that the meeting be adjourned, seconded by Mr. Conway. Voice vote. All in favor. Motion carried.

 

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Karen Coffey

Board Secretary

 

Maureen Sullivan

Recording Secretary