MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

June 1, 2006

 

Chair Jill Gotthelf called the meeting to order and read the Open Public Meeting Advertisement:  Notice of this meeting was given to the Citizen and the Daily Record, posted with the Borough Clerk and on the Bulletin Board and was made available to all those requesting individual notice and paying the required fee.  

 

ROLL CALL:

Present:  Gotthelf, Richter, Sheasby, Bolo, Sullivan, Rusak, Max

Absent:  Moody, Kane             Also Present:  Attorney Michael Sullivan

 

REVIEW OF MINUTES:  The minutes of the May 4 meeting were approved by voice vote. 

 

MEMORIALIZING RESOLUTIONS:      

SILVER OAK LLC                             Appl. #06-484

Peter Bolo made the motion to approve the resolution of approval, seconded by Chris Richter and carried by 6-0 roll call of eligible voters.

               

PUBLIC HEARINGS:

The Winters & Nielsen applications will be carried to August 4.  The Burlacu appeal would be heard first.  Chair Jill Gotthelf announced that no new applications would begin after 10:30.  If any calculations are not verified, the application will not be considered but will be carried to the next meeting.

 

TOMITZA & THEODORE BURLACU   8 Rainbow Trail

Bl. 7, Lot 2                                           Appl. #06-488

Appeal                                                 R1

Mr. Burlacu was sworn in.  Attorney Sullivan pointed out that the appeal arose from an order from Judge Bozonelis issued on June 10, 2005, giving Burlacu 20 days to file an appeal.  You had 20 days, you are now out of time.  Burlacu asked - now it is too late?  Michael Sullivan – you are too late to come here. We do not have jurisdiction to hear your appeal.  You can appeal that ruling to Judge Bozonelis.  You should see an attorney, this Board cannot hear you because you are out of time.  You will have to take this up with the judge.  That is my recommendation.  Chris Richter asked if there was a variance.  Sullivan – this is an appeal, we don’t have the jurisdiction to hear this.  Burlacu – I have been sick and in the hospital for a long period of time.  My case is very simple.  Sullivan – you can take this up and get further relief from Judge Bozonelis.  Gotthelf – if you go back to the judge and get an extension, you can back to us, or you can get a licensed architect or engineer and come back to the Borough; Gotthelf -  it is out of time for us to hear the case.  Chris Richter made the motion to dismiss the appeal based on the time, seconded by Peter Bolo and carried by roll call vote of 6-0.  Burlacu said this was a mistake.  M. Sullivan – your appeal has been dismissed, we can’t do anything further here tonight.  Chris Richter said that the judge put the time restraint on the stipulation, we cannot ignore that.

 

Carried from May 4:

ERIC BECHT                                       251 Boulevard

Bl. 55, Lot 44                                        Appl. #06-480

FAR, ILC, front, side & height   RAA zone

 

Attorney Maryanne Brennan said the applicant is here on a continuation from last month.  Exhibits presented were A10, revised site plan dated 5/16/06; foundation plan, A11 dated 6/01/06;  A12, new attic plan 6/01/06, revised elevation A13 dated 6/01, A14 front & side elevations, A15 revised first floor plan.  Becht said, based on our conversations last month, I believe we have addressed the concerns of the Board.  The previous ILC calculation did not include the retaining walls so that has been revised to include both existing and proposed walls.  The new plan has fewer walls.  The revised coverage is now 26.8% including the new walls and added curbing to the driveway.  The existing conditions were increased to 29.8% but we are reducing the request to 26.8%, primarily because of the garage being moved to the front of the house requiring substantial steel to support the house.  The terrace is 126 square feet, shown in A11.  The attic space has been revised to allow enough space for entrance headroom, shown on sheets A20 & A21.

Becht showed drawing A2, Exhibit A11; he noted that they lowered the back area to provide a safer area for children to play.  He pointed out the front elevation on A20 showing a double tiered wall.  Arthur Max asked for a revised set of calculation requests.

Proposed:

FAR 21%, existing 23%

            ILC 26.8, existing 29.8%

            Side variance of 13’ no longer required and withdrawn

            Front setback request of 78.27 remains

            Re:  grade change – Becht was unsure of the variance required; but they are leaving the variance in the application; he acknowledged they would need a soil moving permit.

Arthur Max asked for the actual height of the existing building.  Becht - the highest point is 40 feet, the highest point of the new building would be 39.4’.

Chris Richter referred to sheet A2.0.  Becht testified that they intend to protect the existing trees.

There was no public comment.

Jill Gotthelf thanked Becht for clearly addressing Board concerns.  Attorney Sullivan pointed out Engineer Bill Ryden’s item #7 would be added as a condition of approval.

The motion to approve was made by Chris Richter with the conditions defined Engineer Ryden, seconded by Peter Bolo and carried by 7-0 roll call vote.

 

New applications:

ERIC & TARA STRAUSS                  17 Crane Rd.

Bl. 100 Lot 76                                      Appl. #06-486

ILC, front & rear                                  RA zone

Peter Bolo stepped down from the Board.  Eric & Tara Strauss presented the application.  They described their plan to construct two bluestone patios in the rear of the home after demolishing two decks in the same locations.  This requires a rear setback of 12 feet for the one patio, 22 feet for the other.  The front setback of 21 feet is required for the side fronting on Lake End Place.  The patio will be in the same location as the existing deck.  The ILC variance is not required because coverage will be less than 25%.  The patios will be at grade and will be smaller than the existing decks.  The decks are also at grade but are rotting.

Public comment:  none

Motion to approve by Arthur Max, seconded by Chris Sullivan, approved by 6-0 roll call vote.

 

 

 

 

Carried to August 3:

DAVID WINTERS                              11 Point View Place

Bl. 100.02, Lot 86                                Appl. #06-483

FAR, ILC, front & shoreline                 RA zone

 

BRIAN & TARA NIELSEN                 82 Briarcliff Rd.

 Bl. 84, Lot 18                                       Appl.#06-485

 Side, front                                             RA zone

 

Other Matters / Public Comment:

 

Pat Rusak will not be here on August 3.  The July meeting was cancelled.  If August 3 is a problem, the Board will consider another date, later than 8/03.

The meeting was adjourned at 8:40 p.m.                                              

Respectfully submitted,

           

                         

 

                                                                                                Marge Jackson, Secretary