BOROUGH OF MOUNT ARLINGTON LAND USE BOARD

MEETING MINUTES

SEPTEMBER 14, 2005


Meeting called to order 7:40 p.m. “Pledge of Allegiance to the Flag” recited.

Roll Call: Michael Stanzilis, Nita Galate, John Song, Robert van den Hende, Ken Morris, Scott Levitt, John Driscoll, Johanna LoPonte. Absent: Ed Taylor, Sheila Parise, Frank Hughes, JoAnne Sendler, Art Ondish.


Motion to approve minutes from August 10, 2005 meeting by van den Hende, second by Morris. LoPonte abstains, all others in favor.


Correspondence on file. Copies to Board members.


First motion to approve vouchers:

Michael Selvaggi – Lascano escrow $ 202.50 and van Zeyl / Sands escrow $121.50.

Suburban Consulting Engineers:

Knapp escrow $231.25

DiGeronimo escrow $18.75

Van Zeyl / Sands escrow $23.75

Lascano escrow $202.50

Pennington Woods $12,640.86

Kara Lakeshore escrow $1,410.00

Ridgeview escrow $3,254.38

Arlington Homes $196.25

Windemere Associates $746.25

Pub 199 $127.50

Daily Record legal ads $15.00 and $12.00

Motion to approve by Levitt, second by Morris. All in favor.


Second motion to approve vouchers:

Eric Snyder, Shadow Woods escrow $800.00

Oracle Engineers, Shadow Woods escrow $640.00

Suburban consulting Engineers, Levitt I escrow $18.75

Michael Selvaggi, Shadow Woods escrow $864.00

Suburban Consulting Engineers, Shadow Woods escrow $1,916.25

Suburban Consulting Engineers, Levitt II escrow $ 393.75

Motion to approve by van den Hende, second by Galate. LoPonte, Levitt and Morris abstain. Ayes: Stanzilis, Galate, Song and Driscoll.


Motion to deem following applications complete and schedule for October 12, 2005:

Levitt Development – Block 96, lot 3 (SCE-4132) – single family home

Gresham – Block 85, Lot 6 (SCE-4095) – 1st & 2nd story addition

Knapp – Block 45, Lots 12 & 13 (SCE-4128) – lot line adjustment*

Conklin – Block 119, Lot 29 (SCE-4083) – 2nd story addition

Martin – Block 10, Lot 39 (SCE-4053) – two story addition


*Knapp lot line adjustment will be heard at Thursday September 22, 2005 meeting.


Motion to schedule applications by van den Hende, second by Driscoll. Levitt abstains. All others in favor.


Old Business:

Van Zeyl / Sands 33 Bertrand Island Road. Bernd Hefele, attorney for applicant. Summarizes previous testimony. Two variances, one for side yard setback, one for impervious coverage. Provided revised plan indicating before and after renovations and pavers, as requested. Van den Hende – questioning pavers – coverage up to 38% from 23%. Mr. Van Zeyl (previously sworn in) claims did not know he needed to come before the board for the pavers. Was in process of construction when application began.

Song – last meeting discussed concrete removal wouldn’t increase impervious coverage, would maintain percentage. Existing conditions of non-conformance? No changes. Van den Hende – issue not with enlarging garage, property is increasing significantly impervious coverage. Hefele – Boat ramp has always been in place. Selvaggi – no ramp appears on original plans. Phil – new plans more similar to an as built plan. Was looking for calculations with concrete. Hefele – requests carry application will modify impervious coverage but strongly suggest all Board members review the actual site. Suggests possibly using different pavers to decrease coverage. Adjourned until October 12, 2005 meeting.


Mark Frantz, Block 38 Lot 1 Windemere Avenue. Second story addition over existing home footprint. Removing old deck and concrete stairs and adding / replacing two decks (first and second floor). Mr. Frantz sworn in.

Removing concrete front and side of house. Two wood decks on property are being removed as well. Also removing concrete block stairs outside of house.

Van den Hende – concrete wall existing in back of house? Frantz – replacing, falling down. Approximately 2 ½ feet height. Also replacing a railroad tie wall approximately same height.

Open to public, no comments. Close to public.


Resolution to indicate removal of concrete and decks as discussed in testimony.

Motion to approve by van den Hende, second by Galate. Ayes: Stanzilis, Galate, Song, van den Hende, Morris, Levitt, Driscoll and LoPonte. Motion approved.


Levitt Development, Block 39, Lot 71, Logan / Windemere

Scott Levitt recuses himself. Lee Levitt, attorney for Levitt Development. Mr. Smith, Professional Surveyor and Planner.

House is between Windemere Avenue and Logan Way. Driveway from Logan Way. Public water and sewer. 10’ utility easement from adjacent lot for sanitary sewer easement on Hillard Road.

Mr. Smith reviews steep slope calculations. Driveway will be revised to comply with ordinance requirements; only variance now applying for is steep slope.

Soil and sediment control plan provided in plans.

Technical review from May 31, 2005 letter from Daren Phil – discussed with Mr. Phil. As built should be provided. Clear indication where sewer easement from property across Logan and down Hilliard is located for any maintenance issues (DPW).

10’ dedication in front yard to Borough creates front yard set back variance. Van den Hende – seepage pit /drywell – requests further explanation. Mr. Smith refers to plans to provide details.

Open to public – no comments. Close to public.

Selvaggi – resolution would be for a steep slope variance and include a dedication of 10’ created front yard variance.

Motion to approve by van den Hende, second by Galate. Ayes: Stanzilis, Galate, Song, van den Hende, Morris, Driscoll, LoPonte. Motion approved.


Goodman / DiGeronimo, Block 52, Lot 12 Bertrand Island Road

Mr. Levitt still recused as he has worked with Mr. Bengis, architect for project. Michael Bengis, 35 Northwestern Way, Hopatcong, Professional Architect.

Second story addition over existing footprint. Phil – needs height of highest point. Mr. Bengis says doesn’t exceed 35’ requirement, will have engineer for project provide detail.

Mr. Goodman testifies about neighboring houses all in favor of his proposed work.

Open to public, no comment. Close to public.

Considered 2 ½ or 3 stories as a result of finished basement? Pre-existing non-conforming use.

Motion is for Bulk variance, excess of 20% first floor area, conditions of technical review must be addressed as well.

Motion to approve by van den Hende, second by Galate. Ayes: Stanzilis, Galate, Song, van den Hende, Morris, Driscoll, and LoPonte. Motion approved.


Levitt returns, van den Hende steps down for Windermere Associate discussion – request for reconsideration of application. Mr. Selvaggi explains the board’s options. Honoring request, applicant would have to renotice and provide additional testimony (future plans). If board denies request, applicant still has option of reapplying, also requires new notice. Board discusses options. Motion to approve request for reconsideration by Song, second by Stanzilis. Ayes: Stanzilis, Song, Morris, Driscoll. No: Galate, LoPonte. Motion approved. Secretary Rinaldi will notify applicant’s attorney of Board’s decision, and to notice for November 9, 2005 meeting.


Van den Hende returns.


Motion to adjourn by van den Hende, second by LoPonte. All in favor.

Meeting adjourned 10:55 p.m.



____________________________

Carolyn Rinaldi

Clerk / Secretary






4