TOWNSHIP OF MAHWAH
BOARD OF ADJUSTMENT
MINUTES
AUGUST 1, 2007
The combined public/work session meeting of the Board of Adjustment held at the
Municipal Building, 475 Corporate Dr., Mahwah beginning at 8:00 p.m. was called to
order by Mr. Cimis, Chairman.
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 Dr., Mahwah,
N.J. Copies of the tapes may be purchased for a fee.
PRESENT:
Mr. Cimis
Mr. Savino
Mr. Dator
Mr. Whiteman
ABSENT:
Mr. Rabolli
ATTORNEY:
Ben Cascio, Esq.
I.
Ms. Neumann
Mr. Slot
Mr. DeKramer
Mr. Newhouse
APPROVAL OF BILLS:
7/20/07
$1,334.80
Matthew Rogers, Esq.-services
rendered – litigation
A motion to approve was made by Mr. DeKramer and seconded by Mr. Slot. All voted in
favor.
7/31/07
$3,035.00
Ben Cascio, Esq.-meeting attendance
7/11/07 – services rendered dockets
#1218-07, 1228-07, 1231-07,
1226-07, 1223-07, annual report
A motion to approve was made by Ms. Neumann and seconded by Mr. Whiteman. All
voted in favor.
II.
APPROVAL OF MINUTES:
A. MINUTES OF JUNE 20, 2007
Board of Adjustment Minutes
August 1, 2007
Page 2.
A motion to approve was made by Mr. DeKramer and seconded by Mr. Slot. All
voted in favor with 2 abstentions by Ms. Neumann and Mr. Newhouse.
B. MINUTES OF JULY 11, 2007
A motion to approve was made by Mr. Dator and seconded by Mr. DeKramer.
All voted in favor.
III.
MEMORIALIZING RESOLUTIONS:
A. DKT. #1218-07 – MICHAEL ALLEVA, 68 ALCOTT RD.
Mr. Cascio read the conditional portion of the Resolution.
A motion to approve the Resolution of Denial was made by Ms. Neumann and
seconded by Mr. Slot. A roll call of eligible members revealed 5 aye votes by
Mr. Cimis, Ms. Neumann, Mr. Slot, Mr. DeKramer and Mr. Newhouse.
B. DKT. #1223-07 – GERALD PRYOR, 28 STRONG ST.
Mr. Cascio read the conditional portion of the Resolution.
A motion to approve was made by Mr. Slot and seconded by Mr. DeKramer. A
roll call of eligible members revealed 6 aye votes by Mr. Cimis, Mr. Savino, Mr.
Slot, Mr. Dator, Mr. Whiteman, Mr. DeKramer
C. DKT. #1226-07 – KEITH & SUSAN KOLKKA, 41 STRONG ST.
Mr. Cascio read the conditional portion of the Resolution.
A motion to approve was made by Mr. Dator and seconded by Mr. DeKramer. A
roll call of eligible members revealed 7 aye votes by Mr. Cimis, Ms. Neumann,
Mr. Savino, Mr. Slot, Mr. Dator, Mr. DeKramer, Mr. Newhouse
D. DKT. #1231-07 – JAMES & DEBORAH HURST, 111 THIRD ST.
Mr. Cascio read the conditional portion of the Resolution.
A motion to approve was made by Mr. Slot and seconded by Mr. Whiteman. A
roll call of eligible members revealed 6 aye votes by Mr. Cimis, Ms. Neumann,
Mr. Savino, Mr. Slot, Mr. Dator, Mr. Whiteman.
Board of Adjustment Minutes
August 1, 2007
Page 3.
E. DKT. #1224-07 – GEORGE MOLINA, 17 STONEWALL CT.
Mr. Cascio read the conditional portion of the Resolution.
A motion to approve was made by Mr. Whiteman and seconded by Mr. Savino.
A roll call of eligible members revealed 5 aye votes by Mr. Savino, Mr. slot, Mr.
Dator, Mr. Whiteman, Mr. DeKramer.
F. DKT. #1228-07 – DENNIS & ANGELA DEGROAT, 122 SHERWOOD
AVE.
Mr. Cascio read the conditional portion of the Resolution.
A roll call of eligible members revealed 6 aye votes by Mr. Cimis, Ms. Neumann,
Mr. Savino, Mr. Slot, Mr. Dator, Mr. Whiteman.
IV.
OPEN TO THE PUBLIC
Mr. Cimis opened the meeting to the Public for questions or statements.
A. DKT. #1220-07-PELLEGRINIO MIGLIACCIO, 171 E. CRESCENT
AVE.
Pellegrino Migliaccio appeared before the Board. On April 18, 2007 the Board
approved Mr. Migliaccio’s application which was adopted by Resolution on May
16, 2007 for a front yard variance for an addition. Mr. Migliaccio obtained his
building permits and began construction.
The Building Department issued a Stop Work Order on July 30, 2007 and referred
the Migliaccio’s back to the Board of Adjustment because all of the walls on the
existing house were torn down and no demolition permits were issued for this.
The Zoning Officer considered this new construction of a single family house.
Mr. Migliaccio stated that the plans submitted to the Board of Adjustment and the
Building Dept. did include a demolition plan. Mr. Migliaccio explained that he
removed more of the walls than originally contemplated because of conditions
found on site during the construction describing these conditions. He stated that
the proposed walls would be constructed on the same footprint as the previous
walls. He also indicated that there were three bathrooms remaining, one in the
basement and two on the main floor. He also stated that the entire basement
stayed in place.
Board of Adjustment Minutes
August 1, 2007
Page 4.
Under questioning by Mr. Cimis, Mr. Migliaccio explained that he was acting as
his own general contractor for this project and was unaware that he could not take
down all the walls. Mr. Cascio explained Ms. Winokur’s reason for the stop
work order. He indicated to Mr. Migliaccio that under the town’s ordinance any
house that is demolished more than 50% any prior non-conforming uses or
setbacks no longer exist. Since he demolished more than 50% of the house, any
setbacks which required variances could possibly be adjusted because now the
house could be moved around anywhere on the lot. This is the basis of the
Zoning Officer’s legal contention.
Tom Mulvey, Property Maintenance took photos of the existing conditions which
were presented to the Board for their review.
Mr. Cimis opened the meeting to the Public.
Diana Winarchik, 182 East Crescent Ave. was sworn in. She stated that she knew
Mr. Migliaccio had gone before the Board for a variance. She had concerns when
she saw all the walls down thinking the house would be overbuilt for the
neighborhood. Mr. Migliaccio explained to her that the house would be built in
accordance with the plans submitted. She had no problems with this.
Mr. Cimis indicated that they would discuss this in work session.
V.
PUBLIC HEARINGS:
A. DKT. #1216-07 – BEADIN IDOSKI, EILEEN DR.
Public Hearing is carried to September 19, 2007
B. DKT. #1182-06 – HAWK NEST, LLC, 129 DEERHAVEN RD.
Notices were in order.
James Jaworski, Attorney for the Applicant appeared before the Board. He is
representing Scott Baxter, 200 Stable Way. The property consists of 45 acres and
is located in the C200 conservation district. The applicant is seeking a use
variance to utilize a portion of Mr. Baxter’s existing stable for residential
purposes. The ordinance does not allow any apartment in any outbuilding and the
stable would be considered an outbuilding. The ordinance states that an accessory
residential use needs to be located within the principle dwelling.
Board of Adjustment Minutes
August 1, 2007
Page 5.
Mr. Cimis questioned Mr. Baxter’s interest in the LLC. Mr. Baxter is the sole
member of the LLC and has 100% interest.
Mr. Jaworski stated that in 2002 they appeared before the Planning Board to
secure approvals to create a unique residence, stable and riding arena which he
did construct. Mr. Baxter constructed a 10,000 square foot residence and stable
on this 45 acre piece of property. He also provided easement rights to the
municipality across his property in the event of emergency circumstances that
precluded access from one side or the other. This did come to pass when the
County asked for permission to utilize Mr. Baxter’s property when the Bear
Swamp Bridge was being repaired. The entire Deerhaven community was
allowed to pass through his property.
Mr. Jaworski referred to the Board of Health report dated April 20, 2006 stating
that the Board of Health has determined that subject premises does not raise a
health concern. They indicated a certain criteria that needed to be kept in mind by
Mr. Baxter in the operation of the stable and he has no problem with any of the
criteria. This report was marked “A-1”.
Scott Baxter, 200 Stable Way was sworn in. Mr. Baxter presented photos which
he took earlier today. They were marked as follows:
A-2:
A-3:
A-4:
A-5:
Photo of the House
Photo of the Barn and Apartment
Entrance to Apartment Dwelling
Interior of the Apartment Dwelling
Mr. Baxter described the interior of the stable including the apartment which has
two bedrooms. The living accommodations are completely separate from the
accommodations for the animals. This apartment is to be utilized by the caretaker
who is currently living in the main house. Since Mr. Baxter indicated that the
caretaker is an employee and would not be paying rent, Mr. Cimis asked if he
would have any objection if a variance was granted that as a condition of approval
the apartment could never be rented. Mr. Baxter stated he would have no
objection to this condition. The barn is approximately 150 feet from the house.
Mr. Cimis opened the meeting to the Public.
Barbara Maher, 125 Deerhaven Rd. was sworn in. She was concerned about the
increase in traffic coming from Mr. Baxter’s property. She asked that the traffic
be on Stable Way and not Deerhaven Rd. He does not feel this issue is related to
the use variance.
Board of Adjustment Minutes
August 1, 2007
Page 6.
Mr. Baxter again mentioned the easement on his property allowing the residents
of Deerhaven to utilize this roadway during the construction of the Bear Swamp
Bridge.
Under questioning by Mr. Cimis, Mr. Baxter stated he owns 12 horses which are
show horses. The barn could accommodate 18 horses. He is not boarding any
horses or providing any riding lessons. Mr. Cascio stated that under the horse
ordinance, Mr. Baxter is permitted to have so many horses per acre, stables, riding
lessons, etc. There are also no restrictions to boarding horses.
Jeff Mohre, 149 Deerhaven Rd. was sworn in. He is on the Executive Committee
of the Deerhaven Association and is here tonight representing the residents of
Deerhaven. He also had concerns regarding the traffic on Deerhaven Rd. He
indicated that Mr. Baxter is not a member of the Deerhaven Association. He also
requested that the caretaker use the Stable Way entrance to the property. There
was a discussion regarding Deerhaven Rd. being a private road. Mr. Cascio
informed Mr. Mohre that there is nothing that could prevent the public from
riding on Deerhaven Rd. It is a public right of way. Mr. Baxter stated this was all
discussed at the Planning Board when he received his approval in 2002.
Mary Harrington, 75 Deerhaven Rd. was sworn in. She had a problem with the
approval of the easement. She also spoke about the original deed and the people
who are involved in the Association.
Public Hearing was concluded.
C. DKT. #1233-07 WILLIAM ALLEN, 15 FARMSTEAD RD.
Notices were in order.
James Jaworski, Attorney for the Applicant appeared before the Board.
The property in question is part of the Vista Bahn Subdivision which was granted
by the Planning Board approximately 2 years ago. The applicant proposes to
construct a single family residence on lot 55.03 in block 23. The site
improvements, road and utilities are in place at this subdivision. It is located in
the R-80 zone but the property is approximately twice the size of what is required
in the R-80 zone district.
The applicant is seeking a variance to construct a Sports Court which is similar to
a Tennis Court which is permitted in the R-80 zone. There will be no independent
lighting of the court. They would honor the municipal regulations regarding
Board of Adjustment Minutes
August 1, 2007
Page 7.
noise and the hours of operation and any fencing or netting that is proposed
around the facility would be dark in color. They are not proposing a fence at this
time but there may be the necessity for netting. Mr. Jaworski also stated there are
some bulk deviations and a soil movement application.
Mr. Jaworski asked if he could call two of the neighbors to come before the Board
prior to any further testimony since it is late and they have to leave the hearing.
Laurie Cerisano, 114 Seminary Dr. was sworn in. Her backyard is to the Allen’s
property. She wanted to state that she has no objection to the building of the
sport’s court. They have been in touch with the Allen’s and they have come to an
agreement with regards to the screening of the court.
Uri Dobriner, 2 Bramshill Dr. was sworn in. His property is directly behind the
Allen’s. He also wanted to state that he has no objection to the sport’s court.
John Mayo, P.E., Conklin Associates, Ramsey New Jersey was sworn in. He
stated his credentials and was accepted as an expert witness. He also stated that
he is very familiar with the Vista Bahn subdivision as it was his personal project.
Mr. Mayo addressed the Plot Soil Erosion Sediment Control Plan for Lot 55.03 in
Block 23 original date 5/10/07 and has not been revised. Mr. Jaworski marked
this plan “A-1”. Mr. Mayo described the property identifying the wetlands area
and the associated buffers that are surrounding the wetlands. Under questioning
by Mr. Jaworski, Mr. Mayo stated that the wetlands are delineated pursuant to a
New Jersey DEP L.O.I. and that the L.O.I. is still in effect today.
Mr. Mayo stated that a lot depth waiver is required which was granted as part of
the original subdivision.
Mr. Mayo described the sport’s court which is 50 ft. x 84 ft. for a total of 4200
square feet. The variance is for a rear yard setback of 15 feet from the property
line where 25 feet is required and 32.7 feet from the side yard. Mr. Mayo will add
this information to the plans. He also stated that the adjoining neighbors are at
least 200 ft. from the sport’s court. The composition is very similar to that of a
tennis court. Mr. Jaworski stated there are 2 accessory structures proposed. The
Sport’s Court and the Cabana which is 300 sq. feet.
Vincent LaBarbiera, VHI Builders, 115 Seminary Dr. was sworn in. He is the
general contractor for this project and is also representing the Allen’s this
evening. He described the Cabana which will have a bathroom with a changing
area and a kitchen area with refrigerator.
Board of Adjustment Minutes
August 1, 2007
Page 8.
Mr. Jaworski referred to the soil movement application. Mr. Mayo stated there
was a discrepancy with the soil movement calculations in the Boswell
Engineering report dated July 25, 2007. He stated the correct calculations as
2005 cubic yards for cut, 879 cubic yards for fill with a net cut of 1126 cubic
yards. They will be resubmitting a correct soil movement application. Mr. Mayo
stated that he will comply with all of Mike Kelly’s comments in his report.
Mr. Mayo stated that Mr. Allen has no problem with providing any landscape
buffer or fencing for any of his neighbors.
Mr. Cimis questioned the pool. Mr. LaBarbiera stated the pool will be 52 feet x
22 feet with a patio of 10 feet on both sides. Mr. Mayo stated that the drainage
was approved with the Vista Bahn subdivision.
Public Hearing was concluded.
VI.
WORK SESSION:
A. DKT. #1220-07 – PELLEGRINO MIGLIACCIO, 171 E. CRESCENT
Mr. Dator started the discussion regarding Mr. Migliaccio’s situation. He
explained to the Board that when someone tears down a house more than 50%
COAH comes into play and could be as much as $20,000.00. The Board agreed
that since the house is being built on the same footprint and the existing basement
is still in tact the variance granted will still remain as is. They do not feel he is
constructing a new single family house and it would be a hardship condition for
him to move the foundation to accommodate the front yard setback. Mr. Cascio
will write a letter to Mara Winokur indicating that the Board finds that the stop
work order should be lifted as soon as possible.
B. DKT. #1182-06 – HAWK NEST LLC, DEERHAVEN RD.
Some of the conditions of approval are as follows:
1. No rent is to be charged to any occupant. This is a fringe benefit of an
employee looking after the horses.
2. In the event Mr. Baxter wishes to sell the property and it will no longer have
the same use (raising of horses) the two residents will not be permitted on one
lot. The property would have to be subdivided.
3. The Resolution will be attached to the Deed.
4. No separate address for the barn.
Board of Adjustment Minutes
August 1, 2007
Page 9.
5. The apartment shall be restricted to 2 bedrooms.
A motion to approve was made by Mr. Whiteman and seconded by Mr. Slot. A
roll call of members present revealed 7 aye votes by Mr. Cimis, Ms. Neumann,
Mr. Savino, Mr. Slot, Mr. Dator, Mr. Whiteman, Mr. DeKramer.
C. DKT. #1233-07 – WILLIAM ALLEN, 15 FARMSTEAD RD.
The Board asked that the following conditions be put into the Resolution.
1.
2.
3.
4.
5.
6.
No lighting on the court
Hours of operation will be in accordance with the town ordinance.
Screening of Emerald Green Arborvitae
Cabana dimensions and Sport’s Court dimension to be put on the plan.
Revised Soil Movement Application.
Details on plan regarding the pump out and disposition of 40,000 gallons of
pool water should it be necessary.
A motion to approve was made by Mr. Whiteman and seconded by Ms. Neumann.
A roll call revealed 7 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr.
Slot, Mr. Dator, Mr. Whiteman, Mr. DeKramer
D. RESOLUTION OF APPROVAL OF THE ANNUAL REPORT BY THE
ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF
MAHWAH – DISCUSSION
This Resolution will be deferred to the next meeting.
VII.
ADJOURNMENT
A motion to adjourn was made by Mr. Slot and seconded by Mr. DeKramer. The
meeting was adjourned at 11:50 p.m.
These minutes were prepared by Rosalie DeMartino, Secretary Board of Adjustment.