ZONING BO= ARD OF ADJUSTMENT - BOROUGH OF NORWOOD

REGULAR MEETING - FEBRUARY 02, 2006

The Re= gular Meeting of the Board of Adjustment convened at 8:03PM with Chairman Robert Trapani presiding. The follow= ing board members were present: Michael Casey, Murray Bass, Marianne Orecchio, = Mr. Trapani, Carol Leeman, Nicholas Chiacchiaro, and Barbara Cho. Dan Kelly arrived at 8:10PM. Chris= tofer Deschler was absent. The Boar= d Attorney Richard Toniolo was present. = Mr. Trapani announced that the meeting is held in accordance with the Open Publ= ic Records Act and indicated the exit locations as required by law.=

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APPROVAL OF MINUTES

Reorganization Meeting – Janu= ary 02, 2006

Ms. Or= ecchio offered a motion to accept the minutes of the above-referenced meeting; seconded by Mr. Casey and all members voted yes.

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Regular Meeting – January 02,= 2006

Ms. Or= ecchio offered a motion to accept the minutes of the January 02, 2006 Regular Meet= ing; seconded by Mr. Casey and all members voted yes.

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RICHARD TONIOLO – REAPPOINTME= NT

Board Attorney – 2006

Marian= ne Orecchio offered a motion to appoint Mr. Toniolo as the Board Attorney for 2006. Seconded by Carol Leema= n.

Mr. Ca= sey, Mr. Bass, Ms. Orecchio, Mr. Trapani, Ms. Leeman, Mr. Chiacchiaro and Ms. Cho vo= ted yes. (Mr. Kelly had not yet a= rrived)

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APPLICATION #06Z-0112

Block 145, Lot 9 – 27 Brook S= t.

B.<= span style=3D'font:7.0pt "Times New Roman"'> Foschino Landscape, Inc.

Attorn= ey Stuart Stern came forward representing the applicants in the above-indicated matter. Mr. Toniolo advised t= he board that he has had the opportunity to review the public notice submitted= by Mr. & Mrs. Foschino. Mr. Butti’s November 15, 2005 Letter of Denial cites three deficiencies in the submitted proposal: an existing deficiency in the front yard setback exacerbated by the proposed construction, an existing deficiency in lot coverage exacerbated by proposed construction and an existing deficiency in= the rear yard setback that remains unchanged.&= nbsp; Laws governing public notice as established by Municipal Land Use La= w and case law in the NJ Superior Court provides that even existing conditions th= at will not be changed must be subject to publication and notice to the general public at least ten days prior to a hearing. The publication submitted to The Press Journal, and to property owners within 200 feet, indicates the front yard setback and the l= ot coverage condition, but makes no mention of the existing variance at the re= ar yard setback. Mr. Toniolo com= mented that he has indicated to Mr. Stern that this creates a notice problem for t= he board and the continuation of the matter this evening; he suggests that cou= nsel republishes and includes all three deficiencies as pointed out in Mr. Butti’s Letter of Denial.

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; PAGE TWO, FEBRUARY 02, 2006

&nb= sp; = &nb= sp; = &nb= sp; APPLICATION #06Z-0112 Continued

Mr. St= ern indicated that although he has not had the opportunity to research the matt= er, it is implied in the notice that existing nonconformity’s are automatically a part of the application; however, he noted that this is not= his field of law and deferred to Mr. Toniolo.&= nbsp; Mr. Stern also commented that his clients prepared the notice follow= ing the board’s template, which makes no mention of existing deficiencies= .

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**At this time, Mr. Stern commented that applicants submitted notice to the board secretary who said that it was “ fine”.

Mr. St= ern commented that given the circumstances, it is narrow legal issue if it were= to go before a judge and his clients should not be penalized and set back a month. Mr. Toniolo

commen= ted that there are many areas in the Municipal Land Use Law that allows a board discretion in determinations involved in hearings. However, notice is an area where t= here is no discretion; it is specific and exact. There are three variances implied = in this application and notice was only given on two and under these circumsta= nces that notice as required by the Municipal Land Use Law is deficient and the board should not proceed with this application until notice is properly certified. =

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Mr. To= niolo commented that property owners within 200 feet must also be noticed and tha= t said notice should include the third variance as indicated in Mr. Butti’s Letter of Denial. The board agreed to place this application first on the M= arch agenda.

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; RESOLUTION OF APPROVAL<= /u>

&nb= sp; = &nb= sp; = &nb= sp; Application #05Z-0108 - Hayden

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Block 158,Lot3 – R10 Zone

Mr. Ca= sey offered a motion to accept the Resolution of Approval on the above-referenc= ed application as prepared by Mr. Toniolo.&nb= sp; Seconded by Ms. Orecchio. Mr. Casey, Ms. Orecchio, Mr. Trapani, Mr. Kelly and Ms. Cho voted ye= s.

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; CORRESPONDENCE<= /span>

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Mandatory Education=

Most b= oard members will be attending the February 18, 2006 class scheduled at Northern Valley Regional High School, Demarest.

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&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; MAYOR KAPLAN – VERIZON<= /o:p>

The bo= ard briefly discussed and complimented the Mayor’s letter to Verizon requ= esting warning lights on the tower.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; AL BUTTI RETIREMENT DINNER

Follow= ing discussion, Dan Kelly agreed to research a gift for presentation by the boa= rd during Mr. Butti’s retirement dinner.

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PAGE THREE, FEBRUARY 02, 2006

February 18, 2006 Class – Materials

Board Members were advised to purchase any NJPO mat= erials or publications available at the door on the day of their class and voucher back to the borough for reimbursement.

As there was no additional business or public to come before the board, it was duly moved and seconded to adjourn at 8:35PM.

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&nb= sp; = &nb= sp; = &nb= sp; Linda Grove, Board Secretary

** For the record, the board secret= ary observes that the legal notice packet submitted by Mr. & Mrs. Foschino = to this office included The Press Journal Affidavit of Publication, hav= ing already being published by the applicants and not for “review or comment” by either this office or Mr. Toniolo. The board secretary cannot provide= an applicant with legal advice pertaining to any area of an application, inclu= ding public notice. That is the responsibility of the applicant and their attorney.