TOWNSHIP OF DENVILLE BOARD OF ADJUSTMENT MEETING MINUTES The Board of Adjustment of the Township of Denville held its scheduled reorganization meeting on Wednesday,. The meeting was held in the Municipal Building, 1 St. Mary's Place and commenced at 7:02 PM. Acting Chr. Passucci presided. Secretary Probasco read NOTICE OF PUBLIC MEETING. ROLL CALL: Present: Frank Passucci, Sally Dankos, Susan Richter, Arthur Korn, Tim Fisher, Brian Bergen, James Rodimer Absent: Roger Spiess, John Murphy Prof. Present: Larry Weiner, Esq., Rob O Brien, PE, Jason Kasler, AICP, PP MINUTES: October 7, 2015 Motion to adopt the minutes as submitted was made by Mbr. Fisher, seconded by Mbr. Richter PURCHASING: Motion to pay vouchers submitted by Hatch Mott MacDonald, (dated September 25, 2015) subject to the availability of funds, was made by Mbr. Korn, seconded by Mbr. Fisher and unanimously approved by all Members present and able to vote. RESOLUTIONS. BA 15-13 James & Wendy MacLean 23 Lake Road Block 60508, Lot 45 BA 15-25 Christopher McGugart 38 Memory Lane Block 31107, Lot 1 BA 15-26 Dan & Barbara Worts 18 Spring Road Block 61401, 543 PUBLIC HEARINGS BA 15-28 John & Valerie Marder 3 Arlington Drive Block 31106, Lot 10 The applicants, John & Valerie (3 Arlington Drive) were present and sworn under oath. John Marder spoke to the construction of a 16 x 12 shed requiring C bulk variance relief for a 10 side yard setback where 17 is required. Mr. Marder explained that they do not want to move the existing playset in the backyard and stated that the proposed location would be least noticeable to the neighbors.
Jason Kasler, PP commented on preferring the location versus shifting the shed and creating an alleyway between the shed and the dwelling. Rob O Brien, PE had no comments or questions. Mbr. Dankos had no problems with the application. Mbr. Bergen had no questions and commented he thought the proposed was fantastic. Mbr. Richter stated she liked it and inquired about shielding of any light. Applicant agreed to normal residential lighting and stated there was no flood lights proposed. Mbr. Fisher asked about the base of the shed. Applicant stated it would be leveled out and footings added for heaving. Mbr. Korn commented that the suggested location made sense and the neighbor has no windows on that side of their home. Mbr. Rodimer had no questions. Acting Chr. Passucci inquired about vehicle storage or plumbing. Neither is proposed. Mbr. Passucci s questions were satisfied. Acting Chr. Passucci opened to members of the public and seeing none, closed the public portion of the hearing. A motion to approve this application was made by Mbr. Korn, seconded by Mbr. Bergen and unanimously approved by all members able to vote. ROLL CALL: Ayes Korn, Bergen, Dankos, Richter, Rodimer, Fisher, Passucci Acting Chr. Passucci announced to members of the public that the public hearings will be resequenced after a brief break. The meeting resumed at 7:21 after a four minute break. BA 15-22 419 Franklin Avenue, LLC 419 Franklin Avenue Block 40101, Lot 4 For the record, Larry I. Weiner, Esq. stated that he had no conflict in hearing the case. Stating he is a resident of The Regency, he is unaware of any correspondence from the homeowners association and he was indifferent to the application. Neither the applicant, nor the board members voiced a concern regarding this information. Pat Dwyer, Esq. of Nusbaum, Stein, Goldstein, Bronstein & Kron (66 Sunset Strip, Suite 206, Succasunna) represented the applicant, 419 Franklin Avenue, LLC. Applicant is seeking to operate a combination of gallery and auction use in an I2 zone requiring D use variance relief. Legal counsel stated there would be two witnesses testifying. Thomas J. O Beirne (37 Woodland Road, Roseland) was present and sworn under oath. Mr. O Beirne is a member of the LLC for Franklin Road. They have owned the property seven months. Mr. O Beirne testified to the plans marked October 10, 2015 by the board and distributed. Spoke to the two directional traffic pattern on the survey. Lower parking lot serves the existing tenanted building. The subject property is four acres with two connected buildings with two units each for a total of 32,000 sq. ft. The upper drive leads to the rear lot and the subject property with 39 existing parking spaces. Proposed vacant space of 8,050 sq. ft. Provided an overview of the site and stated there are four handicapped parking spaces currently. Spoke to the occupancy of three tenant s. Tonar Industries occupies 6,400 sq. ft. in the first building. Having 10 employees and selling capacitors and small electronic equipment. Skyline Steel is located in the second building, occupying 10,000 sq. ft. with 12 employees with a telecommunications construction business. John Deere occupies 7,600 sq. ft. in the second building, has 7 employees and has a bulk landscape supply business. Lighting consists of 18 pole mounted aluminum site lights that go on at dusk and 13 building mounted lights that operate on a photocell and go on and off automatically. Parking distribution is evenly distributed with approximately 39 spaces in front of the subject property. All existing surfaces are paved and striped. Exhibit A-1 Parking Breakdown was entered summarizing that there are 89 existing parking spaces and only 70 required. Spoke to the designated load in areas, auctioning of antiques and collectibles. Onsite auctions anticipated twice monthly on Saturdays between 8 am 5 pm. Virtual auctions will also be held. 98% of the auctions will be online vs. 2% in person. Jason Kasler, PP commented on the parking not being a problem. Further stated that the dumpster would reduce the parking spaces to 87 instead of 89. Inquired if it was like a pawn shop. Mr. O Beirne stated Regency Auction House is not a walk-in business but a website similar to EBay. There will be no automobiles, no weapons pre 1898, no flammables or combustibles, no pistols and no refinishing or refurbishing. Cleaned, photographed and catalogued for sale. Anticipate 30 people at an auction. Strictly as a destination type thing.
Rob O Brien, PE stated his questions had been asked and answered. Mbr. Rodimer commented on it being a good use with plenty of parking. Mbr. Korn had several questions and referenced the health departments comment on the septic design. Maximum of two trips per day. The vehicles would be primarily driven by employees. Public by appointment. Mbr. Fisher inquired about other auction houses at this facility, third parties, about live animals. Mr. O Beirne responded no to all. Secretary Probasco referenced the health updated comments were received by the board. Mbr. Richter had one question and stated she like it. Mbr. Bergen inquired about a condition of approval regarding registration. The applicant did not have a problem with this. Larry commented, those who attend are going to advise that they will be in attendance. Mbr. Dankos had no questions and commented it was good. Acting Chr. Passucci had a few questions regarding the garbage, recycling and chairs. Mr. O Beirne stated that if a piece is purchased that won t sell it will be recycled or discarded elsewhere. There is a facility in Ledgewood for clean wood. Folding chairs will be set up temporarily for auctions. Michael J. Pessolano, PP (140 Elmwood Avenue, Floor 2, Bogota) was present, sworn under oath and accepted by the board as an expert witness. Exhibit A-2 Photographs was entered. Consisting of three pages, page one Aerial of subject property, pages two and three containing four photographs each from different perspectives of existing conditions. Mr. Pessolano spoke to site suitability and no changes proposed or required for the use. Accessibility is also geared to the type of residential traffic for this use with regulated hours and a less intensive use. Jason Kasler, PP inquired about any new signage proposed. Mr. Pessolano stated there will be no new signs for the tenant. Stating that there will be one additional directional sign. Rob O Brien, PE had none. Mbr. Rodimer had no questions or problems with the proposed. Mbr. Korn had no further questions. Mbr. Fisher commented on being in favor the proposed. Mbr. Richter commented on liking the proposed. Mbr. Bergen no questions. Mbr. Dankos had no questions. Vice Chr. Passucci also had no questions. Acting Chr. Passucci opened to the public and seeing none, closed the public portion. A motion to approve this application was made by Mbr. Bergen, seconded by Mbr. Fisher and unanimously approved by all members able to vote. ROLL CALL: Ayes Bergen, Fisher, Dankos, Richter, Passucci, Korn, Rodimer BA 15-18 Elaine E. Provost 21 Hewetson Road Block 50411, Lot 23 Remo Caputo, Esq. (One Broadway, Suite 201) represented the applicant, Elaine Provost. Applicant is seeking to construct a new dwelling requiring C bulk variance relief for building in a floodway. Spoke to the fully conforming application. The one exception is the front steps and the front yard setback. NJDEP approvals have been obtained and will be testified to by Mr. Walker, PE. Marc G. Walker, PE (21 Bowling Green Parkway, Lake Hopatcong) was present, sworn under oath and accepted as a professional witness. The property is 8,000 sq. ft. in R4 zone where 5,000 sq. ft. is required. Provided a 24 x 45 dwelling proposed with a 12 deck meets the setback requirements. Seeking approval to construct a dwelling in the flood hazard area. A bulk variance is required for the front steps. The subject property is located in the NJ Flood Hazard Area (FHA) and regulated by FEMA. The NJ Flood Hazard elevation is 510.8 and the FEMA elevation is 509.8. The difference is that FEMA is based upon a 100 year storm event and NJ is based upon a 100 year flood event plus a 25%. The ground around the proposed home is a flood elevation of 504, which is 6.8 below flood elevation as per NJ and 5.8 as per FEMA. Floor elevation requirement of 1 above the maximum flood elevation. The proposed garage floor is 504, proposed first floor elevation 513.1 vs. 511.8. Applied for and received four approvals from the NJDEP: 1. Letter of Interpretation (LOI) to determine wetlands buffer on the site marked as Exhibit A-1 Aerial photograph. ROW denoted in black, Setback line denoted in Green.
Proposed dwelling shown in Grey. The small wetland pocket is classified as Ordinary Isolated wetland with a 0 buffer. The wetland in rear of dwelling is considered to be an Intermediate Resource Value wetland with a 50 buffer. 2. FHA Verification obtained to determine the onsite flood elevations. 3. FHA Permit obtained to allow the construction of the dwelling within the flood area. This is done by demonstrating there is no reduction in flood storage on the site. An additional 19 cubic yards of soil will be removed to create an additional 19 cubic yards onsite storage (3 x3 = cubic yard). Referenced the Township of Denville s zero net fill ordinance existed before NJDEP established this requirement. 4. State Wide General Permit #6 obtained to allow the small isolated pocket of wetland be filled. Marc Walker, PE stated that the proposed is in compliance with 19-57:24 (H and I). Referenced the relief for front yard setback for the front open stairs and testifying to only 1 of the 15 homes in the neighborhood meeting the front yard setback requirement. Further stating that of the 14 homes that don t meet the FYS, 7 have less of a FYS than the subject property. Exhibit A-2 Colorized Rendering of the Proposed Building was entered. (Mirror Image) The garage and storage area will not have any electrical, allowing the hydrostatic pressure on the walls. Water flows freely in and out of this area. Safety benefit of exterior stairs versus having interior stairs that may be flooded. The stairs also provide an aesthetic enhancement to the structure and break up the height. Mr. Walker stated this property will have no impact on the localized flooding. Water from rooftop will be infiltrated into the stormwater drain. Applicant referenced the township engineering and planning reports and agreed to all the comments. Stating the plans would be modified accordingly. Acting Chr. Passucci opened to the board professionals. Rob O Brien, PE inquired about steps not being on the approved plan from NJDEP. Mr. Walker responded that Permit by Rule applies. Construction can take place within the flood hazard area with the NJDEP s approval. Test pits will be delayed and performed during the wet season to get an adequate water table. Jason Kasler, PP inquired about the mechanicals in the ground floor. The electrical equipment will be above the flood level on the first floor. Traditional attic with pull-down stairs. Any buyer of the property will know of the flood elevations by means of a deed restriction. The utility box is existing. Mbr. Dankos inquired about the number of bedrooms. Four bedrooms and two and one half bathrooms. Deed restrictions indicate that the basement/garage lower level has no habitable space. Mbr. Bergen inquired about the proposed building height discrepancy on the plans versus application. Applicant confirmed that the proposed structure will be in compliance with the township height requirements. Mbr. Richter inquired about the steps and deck. Mr. Walker confirmed deck will be in back of the house. Mbr. Fisher inquired about how the proposed would fit in with the neighborhood. Mr. Walker spoke to the existing homes in the neighborhood. Stating that due to new regulations, in the future, homes in the neighborhood will look more like the proposed. Inquired about drainage, infiltrators deep into the ground. Infiltrators serve a similar purpose to a dry well. Legal counsel for the applicant stated that two years have been spent obtaining approval from the NJDEP. Confirmed that the proposed dwelling will not be an impact to or impacted by the flood zone. Stating that five structures have been raised out of the flood zone and have fared well. Mbr. Korn inquired about setback computations and stairs. The front steps will be safer, allow pick up by boat and eliminate the need for the applicant to enter the flood waters. To comply with the setback it would require moving the house back 15 further into the FHA and it would introduce more fill into the FHA and create an increase in impervious coverage with a longer driveway. Mr. Walker further stated that moving the home back would not be in character with the neighborhood setbacks and the home wouldn t be able to have a rear deck. Mbr. Rodimer inquired about the square footage of the proposed dwelling and the infiltrators. The infiltrators will be outside and no pumps will exist. There are five trees coming down and four trees will be replanted. Vice Chr. Passucci commented on moving the home further back and inquired about moving it forward. There will be a rear door exiting onto the deck and no door at ground level. Acting Chr. Passucci opened to members of the public wishing to ask questions. members of the public were present. Eight The board attorney stated that this if for questions of Mr. Walker s testimony only at this time. Stating that the public will have an opportunity to comment later. Advising the members of the public that they will have an opportunity to provide their comments. If rules are not followed, the matter can be overturned by a judge in court if everyone s rights are not met. Joan Brennan (7 Hewetson Road) residing three houses up the street, was present and sworn under oath. Mr. Brennan wanted a guarantee it will not increase flooding. Mr. Walker responded
to a severe flooding event and the ground saturation. Speaking to impervious coverage and flood water storage. The applicant will have to certify that the elevations and correct information is certified. Mr. Walker provided a guarantee. Ms. Brennan did not agree with Mr. Walker and stated she had to leave. Bruce Schwartz (Owner of three properties on Righter Avenue) was present and sworn under oath. Mr. Schwartz inquired about Mr. Walker s knowledge of the water staying for several days at a time, inquired about flood vents and stating that Meyers and Hinchman Avenue do not flood. Mr. Walker provided an explanation of Smartvents and how the six proposed vents allow water to flow in to and out of the dwelling. Mr. Schwartz referenced flooding versus storms and the flow of the water. Testifying that there is no water on Righter Avenue, no water on Route 46 but 4-5 feet of standing water on two of his three properties. Mr. Schwartz continued providing comments. The board attorney reminded Mr. Schwartz that he has been provided plenty of leeway but this is a time for questions only. Lewis Dlugasch (12 Myers Avenue) inquired about the flood elevation, how the basement differs from his home and how it will protect his home. Mr. Walker restated the elevations from his prior testimony and explained how the basement allows flood waters to ebb and flow. The applicant s engineer explained the water table, infiltration and water percolation. Ted Hussa (20 Hewetson Road) was present, sworn under oath and a notified property owner. Mr. Hussa inquired if Mr. Walker was aware that Hewetson Road flood and/or storm waters remain longer than any other street in Denville. Marc Walker, PE stated he was not and explained that they are regulated by the State of New Jersey and in compliance with both the State and the Township. It was estimated public comments would be another hour and one half. A member suggested the public be limited to three minutes each. The board attorney referenced being fair and asked for an adjournment date. Secretary Probasco advised December 2, 2015. The applicant s engineer had a conflict. The January meeting was referenced. The applicant s legal counsel voiced concern about changing of board members. There was a show of hands regarding continuing the hearing. Several members were opposed. A special meeting was discussed. There was a show of hands regarding availability of a second meeting in November. Several board members indicated they would be taking vacations. It was the consensus of the board that the hearing be carried to November 4, 2015. Secretary Probasco announced to members of the public that the public hearing for this application was carried without further notice to November 4, 2015 and would be posted on the website. OLD BUSINESS None. NEW BUSINESS None. ADJOURNMENT Motion to Adjourn at 10:15 PM. Denean Probasco, Board Secretary Date Approved: November 4, 2015