Meeting Agendas & Minutes

Board of Adjustment Meeting Minutes 08/23/10


Minutes of the Regular Meeting of the Morris Plains Board of Adjustment held on August 23, 2010 at 7:30 p.m. in the Council Chambers, 531 Speedwell Avenue. The following members were present:

Mrs. Ruth Mills

Mr. John Scagnelli

Mr. Michael Bozza

Ms. Joan Scaccia

Mr. David Schulz, Chairman

Absent: Mr. John Conway

Mrs. Rosemary Lopez

Mr. Martin Reilly

Mr. Roy Stewart, Vice Chairman


Not Present: Mr. William Denzler, Borough Planner

Mr. Leon Hall, Borough Engineer

Mr. Michael Sullivan, Board Attorney



The meeting was called to order by Mr. Schulz. Mr. Schulz made the statement that adequate notice of this meeting has been published and posted in accordance with Chapter 231 of the Public Law of 1975, "Open Public Meetings Act."



Mr. Bozza moved that the minutes of the July 26, 2010 Regular Meeting be accepted as submitted, seconded by Mrs. Mills.

Roll Call

Yeas: Mrs. Mills, Mr. Bozza, Mr. Schulz

Nays: None

Abstain: Mr. Scagnelli, Ms. Scaccia

Absent: Mr. Conway, Mrs. Lopez, Mr. Reilly, Mr. Stewart

Motion carried.



Mr. Schulz opened the meeting to the public to speak on matters other than those on the agenda. No comments were forthcoming, and this portion of the meeting was closed to the public.


BA-2-10 – Eileen & Kevin Bodnar–26 Overlook Trail - Block: 72.04 Lot: 20

Mr. Schulz stated this application was deemed incomplete at the Board’s June meeting. At the June meeting the Notice for Public Hearing was confirmed and the Notice was preserved. This Notice was carried at the July meeting; the applicant requested that Notice be carried. The Notice will be carried to the September 27, 2010 Board meeting. There being no objections, Mr. Schulz stated the Notice will be carried.


BA-6-10 – EJK Realty, LLC – Route 10 East & Candlewood Drive

Block: 115 Lots: 1,2,3,4,5

Mr. Schulz stated this application is on tonight’s agenda for completeness review only; there will be no testimony. He asked if either the applicant or an attorney for the applicant present at the meeting.


Mr. James Gibbons, Esq. introduced himself as the attorney representing the applicant in this matter.


Mr. Schulz asked that Mr. Hall provide background information.


Mr. Hall stated that on or about August 13, 2010, he became aware of an elevation issue relating to the construction of the new 15,000 SF building in relation to the existing 20,000 SF building. He asked the applicant to provide any as-built survey information he might have. He advised that the as-built survey by Rigg Associates indicated that the new 15,000 SF building has been built approximately 2.5 feet lower in relation to the existing 20,000 SF building than what the approved site plan has shown in the past. The as-built survey also revealed issues with the configuration of the outbound of the tract and the location of the new 15,000 SF building in terms of its setback from the rear property line and its setback from the easterly/side lot line closest to Route 202. Mr. Hall advised the discrepancies were significant enough that he believes it requires an amended application back to the Board; he did not feel comfortable approving this as a field change nor did he believe that would be an appropriate action. Mr. Hall referred to their August 20, 2010 memorandum stating he performed a rather quick review of the documentation submitted for completeness. He reviewed various checklist items.


Mr. Denzler referred to their August 23, 2010 report. He concurred with those items listed by Mr. Hall and also included a number of additional items. He pointed out that in addition to a variety of documents, the applicant needs to provide signage details.


Mr. Hall commented on the fact that the applicant has three restaurants on board at this time. He encouraged the applicant to provide the necessary new submission as quickly as possible even though it was not received in the proper timeframe.


Mr. Schulz advised that he hopes all the details of this new submission can be worked out among the Professionals and the applicant prior to the anticipated testimony at the next Board meeting.


Mr. Gibbons stated that it appears that some of problem relates to the survey. He, too, believes the details are better handled by the experts.


Mr. Hall advised that he does not believe there has been any agreement in terms of a solution yet; he stated there should be a meeting as soon as possible, hopefully during the upcoming week. It is imperative that there be a meeting this week in light of when documents must be submitted prior to the Board’s September meeting.


Mrs. Mills moved that this application be deemed incomplete, seconded by Mr. Scagnelli

Roll Call

Yeas: Mrs. Mills, Mr. Scagnelli, Mr. Bozza, Ms. Scaccia, Mr. Schulz

Nays: None

Absent: Mr. Conway, Mrs. Lopez, Mr. Reilly, Mr. Stewart

Motion carried.

Mr. Schulz reminded that all documentation in connection with the Board’s September meeting must be submitted to the Board Secretary no later than Monday, September 13.











There being no further business, Mr. Scagnelli moved that the meeting be adjourned, seconded by Mrs. Mills. Voice vote. All in favor. Motion carried.



Karen Coffey

Board Secretary


Maureen Sullivan

Recording Secretary