MINUTES OF LAND USE BOARD. Hopatcong Borough Hall, Hopatcong, NJ April 15, 2014

Transcription

1 MINUTES OF LAND USE BOARD Hopatcong Borough Hall, Hopatcong, NJ April 15, 2014 CALL TO ORDER: Chairman Alan Gilbert called the meeting to order at 7:30 P.M. CHAIRMAN S STATEMENT: The Chairman stated that this meeting is held in accordance with the Open Public Meetings Act 10:4-1 et seq. annual notice been forwarded to the New Jersey Herald, the New Jersey Sunday Herald and posted on the bulletin board maintained in the Municipal Building for public announcements. SALUTE TO THE FLAG: The members joined in a salute to the Flag. ROLL CALL: PRESENT: Councilman Francis, Ron Jobeless, Alan Gilbert, Robert Rehe, Robert Duncan, Ken Trumpore, Sam Hoagland, Michael Rahill, Justin Lijo, Mark Gaffney Also In Attendance: Zoning Officer- Bill Donegan Attorney- William Haggerty Engineer: John Ruschke ABSENCE: Richard Schindelar MINUTES: Land Use Board Minutes of December 3, 2013 A motion was made by Sam Hoagland and seconded by Robert Rehe to approve the Minutes of December 3, 2013 with correction submitted. Ayes: Councilman Francis, Jobeless, Gilbert, Rehe, Duncan, Trumpore, Hoagland, Rahill, Lijo, Gaffney Land Use Board Minutes of February 4, 2014 A motion was made by Robert Rehe and seconded by Sam Hoagland to approve the Minutes of February 4, Ayes: Councilman Francis, Jobeless, Rehe, Hoagland, Rahill, Lijo, Gaffney Abstain: Gilbert, Duncan, Trumpore 1

2 Land Use Board Minutes of March 4, 2014 A motion was made by Robert Rehe and seconded by Justin Lijo to approve the Minutes of March 4, Ayes: Councilman Francis, Jobeless, Gilbert, Rehe, Duncan, Hoagland, Lijo, Gaffney Abstain: Trumpore, Rahill CONTINUED APPLICATION: Councilman Francis recused himself. Tom Bland Block Lots Lakeside Ave (Deferred from 2/18/14 & 3/18/14 without further notice) Applicant, Tom Bland was reminded that he was still under oath. Mr. Bland showed better defined drawings of the existing and the replacement dock extension and moving the 8x10 shed back into her property. Mr. Bland also shared photographs of the docks in relationship to the neighbors property. A motion was made by Sam Hoagland and seconded by Justin Lijo to approve to grant the variances on the application. Ayes: Jobeless, Gilbert, Rehe, Duncan, Hoagland, Lijo, Gaffney Abstain Trunpore, Rahill A motion was made by Sam Hoagland and seconded by Robert to approve a Waiver of Memorialization on the application. Ayes: Jobeless, Gilbert, Rehe, Duncan, Hoagland, Rahill, Lijo, Gaffney Abstain Trunpore Gary Petersen Block Lot 12 3 Waterloo Road (Deferred from 2/4/14 without further notice/appeared 3/4/14 awaiting Engr. weather permitting) Application, Gary Petersen, property owner was reminded that they were still under oath from the last meet. Mr. Lijo reminded the property owners that at the last meeting he asked the property owners to have a caution tape and/or temporary railing to be installed. Mr. Ruschke, the Borough Engineer, stated that he was able to visit the site and that he did not see any issue with repairing the steps going down. The walls appeared to be structurally sound, without stability issues, however the construction official stated that if there was elevation changes, there will still need to be railing around the top of the wall. Additional information should be provided to the Construction Office for certification of the construction of the wall. Prior variance was granted for the shed. 2

3 A motion was made by Robert Duncan and seconded by Robert Rehe to approve the variance application with Engineers comments taken into consideration and applicant satisfying all requirements of the Construction Official. Ayes: Jobeless, Rehe, Duncan, Trumpore, Hoagland, Rahill, Lijo, Gaffney Abstain: Gilbert NEW APPLICATION: R. P. Essig Rose Mountain Brothers LLC Block Lot 20 7 Pt. Pleasant Rd Richard Essig, Property Owner and Ravi Desmukh, Artitect for the property owner were sworn in by Board Attorney, Bill Haggerty. Dan McCarthy, Attorney for the property owner stated that there were some changes from Mr. Essig s original application and asked Mr. Essig to explain the differences. Mr. Essig stated that there were 3 major changes to the prior work session application. Change Point 1 - he originally was seeking approval for a 3 car/2 story garage and now would like approval for new plans for a 2 car/1 story garage that was setback from the road. Change Point 2 Mr. Essig s prior application was for a landlord changing room that was 759 sq ft, however in research, the lower level would only accommodate 475 sq ft changing room with only 1 sink, shower and toilet with no plans for a kitchen in the basement. Change Point 3 Paver driveway/path between the houses. Mr. Trumpore requested that the owner testify that no kitchen would be installed now, or in the future, as well as no overnight stays in this basement and that this will be included as part of a deed restriction on the property. Mr. Ravi Desmukh presented his professional expertise as a licensed Architect since 1989 and he also stated that he owns property in Hopatcong for his future retirement. Mr. Haggerty accepted Mr. Desmukh as an expert witness. Mr. Desmukh reviewed all the architectural plans for the property. Exhibit A1 Summary of Area Schedule for Garage was accepted into testimony. After reviewing the document. The board members asked for clarification and received confirmation that the building would have insulation but no heat in the garage. The garage would also have two parking spaces in front of the garage and on the side. Estelle Klein, next door neighbor, stated that she had no objections to the plan. Mark Frato, 1 Point Pleasant, sworn in by Bill Haggerty, stated that he likes the improved plans especially about the visibility on the road. His concern is that the tenants parking and that they may be parking on the street. Ken Heaton, 1B Pt Pleasant Rd, was sworn in by Board Attorney Haggerty. He questioned the use of the property prior to submitting the zoning permit. The Zoning Permit stated that it was a residential home and not a commercial or retail use. Rental still makes it a residential home. 3

4 Question the size of the garage, which appears even larger then one of the homes, could be converted and used as an additional rental property when it is so close to the road and being about 20 feet from the well. There being no further persons from the public, the meeting went back to the Mr. Ruschke stated that since the amount of land disturbance will exceed 1500 sq feet so the applicant should complete a Lot Grading Plan. A motion was made by Robert Rehe and seconded by Sam Hoagland to approve the variance application; contingent with meeting the Engineers suggestion of submitting a Lot Grading Plan and subject to deed restrictions being placed on the landlord/changing room. A motion was made by Sam Hoagland for a Waiver of Memorialization. Board discussed the request for Waiver of Memorialization and their concerns regarding granting a waiver without seeing the Deed Restrictions and the Lot Grading Plan. The Applicant withdrew their request for Waiver. Mr. Jobeless, Mr. Lijo and Mr. Ruschke recused themselves. Richard and Sheryl Hoer Block Lot Brooklyn Stanhope Rd Ron Heyman, attorney for the Applicant is presenting historical live testimony that the property has been a continuous, two-family use prior to the inception of the Borough of Hopatcong Zoning Code which went into effect in Mr. John Lepore was sworn in by Attorney Bill Haggerty. Mr. Lepore was born on October 8, 1935, being 78 years old and currently resides in Parsippany, NJ. He stated that he lived in Hopatcong in the mid 1930 s in a summer bungalow on Brooklyn/Stanhope and Wills Avenue. In 1939 his family rented an upstairs apartment at 144 Brooklyn Stanhope Road and the Busch s lived in the downstairs apartment. Mr. Lepore moved out of the apartment in 1962 down the road. The Busch s continued to own the house and the George Sprawl family moved in after Mr. Lepore moved, then the Atno family lived there, then the Gerkin family moved in after that. The Busch s then sold the property to the Arndusty s where they lived downstairs and their son s family lived upstairs. He has always know that the house was a 2 family and continued to be used as a 2 family until after his parents moved in No further testimony would be required by the A motion was made by Robert Duncan and seconded by Ken Trumpore to accept the testimony and approve the application for pre-existing non-conforming two family use. 4

5 Ayes: Gilbert, Rehe, Duncan, Trumpore, Hoagland, Rahill, Gaffney Mr. Jobeless, Mr. Lijo and Board Engineer returned to the meeting. Roger White Block Lot Eugene Rd Roger White, property owner, was sworn in by Attorney Haggerty. Application shared information as to a small addition (entry way) that was added by a previous owner and wanted to receive approval of that construction. A motion was made by Sam Hoagland and seconded by Ken Trumpore to approve the variances for this application. DISCUSSION: B.Donegan questioned the board as to the awning overhanging with side yard setback and if the Board would have any concerns. The awning could overhang into the Borough traveled right-away. RESOLUTION: Greentree at Hopatcong LLC Block Lot River Styx Rd John Elias Block Lot Lakeside Blvd Henry Cassar Block Lot 2 & River Styx Rd. Gangplank Block Lot 6 47 Maxim Drive A motion was made by Robert Rehe and seconded by Robert Duncan to approve the Resolution for Completeness for Greentree at Hopatcong LLC. Ayes: Gilbert, Rehe, Duncan, Trumpore, Hoagland, Rahill, Gaffney Abstain: Jobeless, Lijo A motion was made by Robert Rehe and seconded by Robert Duncan to approve the Resolution for John Elias. Ayes: Jobeless, Rehe, Duncan, Trumpore, Hoagland, Rahill, Lifo, Gaffney Abstain: Gilbert A motion was made by Robert Duncan and seconded by Robert Rehe to approve the Resolution for Henry Cassar. 5

6 Ayes: Jobeless, Gilbert, Rehe, Duncan, Hoagland, Rahill, Lifo, Gaffney Abstain: Trumpore A motion was made by Robert Rehe and seconded by Sam Hoagland to approve the Resolution for Gangplank. Correspondence - none to report. Escrow none to report. BILLS: A motion was made by Sam Hoagland and seconded by Robert Duncan to pay all the following bills as a group: DOLAN & DOLAN Inv December Meeting Attendance, Travel $ Inv Stearn Block Lot 9 $ Inv Steinbaum Block Lot 2 $ Inv December Meeting Attendance, Correspondence $ 35.00* Inv Stearn Block Lot 9 Duplicate No pay Inv Steinbaum Block Lot 2 $ 28.00* * Modified from original bill for prior billed items HATCH MOTT MACDONALD Inv. IV Maslonka Block Lot 27 & 29 $ Inv. IV Mtg Attendance, Febr., March, 2014 $ PUBLIC COMMENTS: NONE OLD BUSINESS: Albert & Maureen A. Stearn Block Lot Lakeside Ave Ralph Fierro, Jr. Block Lot Lakeside Ave Land Use Attorney and Land Use Engineer Deed Review and Land Use Board s approval for Lot Line Adjustments heard December 3, 2013; Memorialized February 4,

7 OPEN TO THE PUBLIC Marv Hirshberg, what is the suggested density for the Arrowcrest property, he heard 6 bldgs per acres, 15 units per acre in the back (fringe area). The documents will be made available after the Mayor/Council meeting and notice is provided to the newspaper. The Attorney for the Greentree Development wanted to submit a concept drawing for the Madhouse property. There being no other comments from the public, the meeting went back to the NEW BUSINESS: NONE. MOTION TO ADJOURN: Motion to adjourn was made by Ron Jobeless and seconded by Sam Hoagland, all were in favor. ADJOURNMENT: The meeting adjourned at 8:41 p.m Ann Marie Bell Secretary 7