MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF
Acting Chair Chris Richter 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: Richter, Bolo, Kane (
Absent: Gotthelf, Rusak Also Present: Attorney Michael Sullivan
REVIEW OF MINUTES: The minutes of the July 20 meeting were approved by voice vote.
MEMORIALIZING RESOLUTIONS: None
PUBLIC HEARINGS: All applicants were sworn in by
Vice-Chair Richter.
Carried from July
20:
DAVID WINTERS
Bl. 100.02, Lot 86 Appl. #06-483
FAR, ILC, front & shoreline RA zone
Attorney Maryanne Connors Brennan represented the applicant, accompanied by architect Louis Salamone. Board Attorney Sullivan pointed out that, if testimony is relied upon from the May meeting, there would be only six eligible members. Mr. Winters was not able to attend this hearing. Exhibit A1 was a set of front elevations of the existing structure, previous and revised plans. Salamone described the original application and changes made to reduce the bulk appearance of the proposal by reducing the area over the garage and revising the entry. The improved lot coverage was decreased by 200 square feet. The house is on a slab on grade because it is so close to the lake. Part of the driveway and the entryway were eliminated to reduce the coverage from 26.12 to 22.5%, eliminating the ILC variance. The lakefront setback of 14’ is an existing condition. The front setback request is 39’ for the new construction and the garage. They cannot encroach any farther than the existing nonconformity. Richter asked whether the cathedral ceilings were factored into the floor area calculations. Salamone did not calculate the second story open space as floor area. He did include the boat house in floor area. Richter pointed out that the numbers do not match. Attorney Brennan suggested that the application be carried to Sep. 7 to verify the calculations. Brennan extended time for the Board to act until that date. Bob Sheasby questioned whether these numbers/requests were excessive for the RA zone. Bolo agreed. Brennan reminded the Board that the applicant had been asked to reduce the mass and he has complied with that request.
Bob Sheasby made the motion to carry the application to September 7, approved by voice vote.
BRIAN & TARA NIELSEN 82 Briarcliff Rd.
Bl. 84, Lot 18 Appl.#06-485
Side, front RA zone
Architect Richard Nelson
accompanied the applicants. Exhibit A1
was a photograph of the existing garage, described as below grade and leaking. A2, a photo of the existing screened porch to
be removed. The proposal includes removal
of the existing garage and screened porch, construction of a new one car garage
and placing the second bay under the house.
A new stairway is proposed to access the front of the house from the
driveway. Exhibit A3 was a photo of the
house from
The existing front setback from
In response to Bob Sheasby’s question, it would not be feasible to have the garage entrance on the Briarcliff side. Nelson described that the retaining walls on the northwest side of the property would not be higher than three feet from each level of the stairway.
No public or Board comments. Jim Moody made the motion to approve the application as submitted, seconded by Peter Bolo, and carried by 7-0 roll call vote.
New Aplications:
ALEX & CHRISTINE GEMICI 31
Bl. 128 Lot 13 Appl. #06-489
FAR, side RA zone
The existing FAR is 11.4%, they are requesting floor area of 18.2% to accommodate the proposed addition to the rear of the house. They are a family of five, and currently there is no playroom. This proposal would provide a playroom in the basement, increase the kitchen space and add a family room. There would be no visibility of the addition from the street, only from the two adjacent neighbors. The addition would continue the nonconforming setback lines of the house on the southwesterly side at 23.3 feet. Richter asked why they couldn’t have designed the addition to conform to the 17% restriction, considering the large size of the proposed master bedroom suite. Gemici explained that the roofline would not work if the second floor were reduced. Their initial plan was 23% and they cut it back, hoping that a 18.2% would be acceptable. Jim Moody said that they are bringing this house to current living requirements. Max and Sullivan agreed. Richter asked for explanation of the coverage. Gemici explained that some of the paving and walkways will be removed. David Kane expressed concern that the calculations should be verified. He also was concerned that the home would be sold as soon as the renovations are complete and the Board should not consider this family size, only how this house will fit on the lot.
No public comment. Motion to approve by Peter Bolo, seconded by Chris Sullivan with the condition that the “as built” conform with ILC calculations; motion passed by 7-0 roll call vote.
MARC & MARIBEL ABBATE 116
Bl. 56 Lot 42 Appl. #06-490
Building Envelope RAA zone
David Kane stepped down for this application.
Attorney Brennan introduced the
application for the Abbates who are hoping to purchase the subject property and
move to
Engineer Huelsebusch showed Exhibit A1, a colored version of the plan provided with the application. The plan showed the outline of the existing and proposed house and driveway. He pointed out three dry wells designed to accommodate the additional impervious coverage and the silt fences to prevent soil erosion. Brennan referenced the resolution from a previously approved soil moving permit. Attorney Sullivan reviewed the ordinance requirements for the building envelope of 85’ by 100’. Brennan said that the ordinance does not preclude construction in this building envelope; the ordinance is usually triggered by creation of a new lot, so this variance requirement is a technicality. Brennan said that since the major soil moving operation in 2005, the property has been stabilized. Arthur Max asked if the slope would change during construction, impacting the runoff. Huelsebusch pointed out the grade plane on sheet 2 of 2; he testified that he does not expect increased runoff because of the dry well systems. An overflow would go to the French drains and then to the second set of drains. Michael Sullivan noted that this Board does not typically review engineering of a single family home; that is the responsibility of the construction and engineering department. Soil reserve will be in the front of the house.
From the public: Michael Feigeles, owner of 181 Boulevard,
below the subject property, expressed his concern about water issues. He supports the application but is concerned
that they are protected during the construction. He supports the application conditioned on
two sets of silt fences, hay bales and regular visits from the engineer. Tom Carr,
Architect Richard Nelson introduced Exhibit A3, a rendering of the proposed house and distributed a revised set of plans with a lower entrance. The height of the structure meets the ordinance limits. Board members agreed that the floor plans were not relevant to this application. He testified that the location requires the minimal amount of grading and grade changes. He described the design as appropriate for the neighborhood. Wendler asked for an engineering review as a condition of approval.
Board comments: Sheasby asked for agreement from the applicant that they would abide by the engineering conditions of approval. Brennan said that Huelsebusch can provide a revised set of plans to comply with the conditions. There will be a double silt fence in the rear, hay bales, and a top soil stock pile in the front of the property, surrounded by the silt fence. Huelsebusch testified that only one silt fence would be adequate and we are providing triple protection. He will inspect the property, is bound by law and will have the contractor make corrections if there is a problem. Arthur Max pointed out that coverage is being doubled and he wants to be sure that the drainage system will accept the additional runoff. Chris Richter said he is comfortable with the design. Jim Moody made the motion for approval subject to the conditions, plus remedial measures if required. Bob Sheasby seconded the motion, approved by 6-0 roll call vote.
ANNA-LISA GALLO 16 Rockaway Terrace
Bl. 111 Lot 1.02 Appl. #06-491
Side RA zone
Christopher Gallo described the variance request to install two air conditioning units. The proposed location was chosen to have minimal impact to the neighbors. They would not be visible from the street and visible to the neighbors only from the second story. He described the variances granted last year for the additions. At that time, he was not aware that the units would require additional variances. The seasonal energy efficiency rating of the units is 14, quieter than the State requirement of 10. Gallo testified that he would be willing to install shrubbery around the units if it would reduce the noise.
From the public, Matt Whichard, adjacent neighbor said he has lived there for 21 years. He said that the A/C units proposed are 19’ from the property line, the Whichard house is 25’ from the line. The units are installed and have been running all summer long. The location of these units impacts the quality of our life because we do not have central air. He testified that he believes the location should have been part of the original design. He suggested that there would be opportunity to place the units on the west side of the house, under the deck. Fran Whichard also testified that the construction and A/C noise have negatively impacted the quality of their life. Gallo said that they hadn’t planned to have central air when they began the construction. The units would not operate efficiently under the deck; moving the units away from the house would not be practical because of the connections to the house. Arthur Max stated that there has to be a way to move the units. Richter said acoustical fencing would help abate the noise. Gallo testified that if he were to move the units five feet, it would make a noise difference to the neighbors of only two decibels. Richter said this is after the fact, there are other places you could locate the units within the setback. You could either move them or come back next month with an alternative. If you change the location you could amend the application and re-notice. The application was carried to September 7.
JEFFREY & RANDI KAUFMANN 50 Rainbow Trail
Bl. 16 Lot 1 Appl. #06-492
Front R1 zone
Architect Seth Leeb accompanied the Kaufmanns. The proposal includes the addition of a second story and a front porch. The variance is required for the porch. All other construction will meet the bulk requirements. The unusual location of the house has three front yards and one side yard. The porch would re-orient the house to the address side on Rainbow Trail. Exhibit A1, a 12 photo board showed the neighboring properties and site line. Leeb pointed out that the average setbacks are less than the required 30 feet in the R1 zone. They are requesting a 22.5’ setback. Leeb testified that many of the houses in this neighborhood have front setbacks less than the requirement.
Public Comments: Jim Haessig, 44 Rainbow Trail, has seen the proposed plans and favors granting the variance, noting that the design fits the character of the neighborhood. Scott Leeb, 23 Laurelwood, said that this proposal would enhance the neighborhood.
Board comments: Richter – I prefer not to get closer to the street than 20 feet. Leeb said the depth of the porch is less than 10 feet and that depth is required to be able to use the porch space.
The motion for approval was made by Chris Sullivan, seconded by Jim Moody and carried by 6-1 roll call vote.
JEFFREY & KELLY AROESTY 81 Glen Rd.
Bl. 87 Lot 9 Appl. #06-493
FAR, ILC, front & side RA zone
Seth Leeb marked a photo board
as Exhibit A1. Leeb said the applicants
are looking to create more living space and increase their views of
Board comments: The pillars are likely to be hit by vehicles turning around in the driveway. Leeb said they would be offset from the driveway. Max pointed out that the house size is increasing by 25% on a small piece of property. Bolo does not think it is excessive. Richter – the open space on two sides makes it appear larger. Leeb – moving the driveway will also make the lot look larger. Kane asked if the left side elevation was 3 ˝ stories. Leeb said the basement does not count as a story. Richter prefers the piers to be no higher than 30”.
David Kane made the motion for approval, seconded by Peter Bolo, with the condition that no story or height variance is required. The motion was approve by 7-0 roll call vote.
Other Matters /
Public Comment:
The meeting
was adjourned at
Respectfully submitted,
Marge Jackson, Secretary