MINUTES OF A REGULAR MEETING

ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

February 1, 2007

Vice-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, Moody, Sheasby, Sullivan, Rusak

Absent: Gotthelf, Max

Also Present: Attorney Michael Sullivan

Council Liaison – Richard Urankar

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

MEMORIALIZING RESOLUTIONS:

ANDREW & VIVIEN GREENBERG Appl. #06-495

Peter Bolo made the motion to adopt the resolution of approval, seconded by David Kane and carried by 6 - 0 roll call of eligible voters.

PUBLIC HEARINGS: All applicants were sworn in by Acting Chair Richter.

Carried from January 4:

DAVID WINTERS 11 Point View Place

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

ILC, front & shoreline RA zone

Attorney Brennan introduced the application, noting that all 7 members attending are eligible. The floor area variance is no longer requested. The preexisting front and rear yard setbacks will be described by Architect Rick Nelson.

The proposal has been reduced to a one story design. Rick Nelson distributed Exhibit A12, including a rear yard elevation. On the easel were Exhibits A13 (colored version of the site plan) and A14 (colored version of the A12 front elevation showing the new two-car garage). A small foyer, powder room and covered entry will be added in the front. The old garage space will be converted to a master bath, utility area and closet. This redesign does not trigger any additional variances. There will be no additions on the lake side for this plan. Nelson showed the proposed lakeside elevation.

Chris Richter asked about the floor area calculations. Rick Nelson said the Zoning Officer had determined that the second floor would not need to be included in floor area calculations.

Nelson described the ILC calculations; the nonconformity will be reduced from 33.9% to 32.36% by reconfiguring the driveway and removing some sidewalk.

There were no questions from the Board.

From the Public: Steve Shaw, neighbor of the applicant at 4 Point View Place, noted that his property is probably more impacted than any other in the neighborhood. He feels that this proposal is a big improvement. Winters has worked hard to address the Board’s concerns and he hopes the application will be approved as presented because it will be a benefit to the neighborhood.

Board comments: Jim Moody – it is an irregular lot, this is a true hardship and he supports the application. Pat Rusak – is happy with the reduction in FAR and has no problem with the ILC. Sheasby - this is a long structure, he would prefer higher rather than longer. David Kane – it is admirable that you have considered our opinions and kept a low profile; the reduction in coverage is admirable so I will support. Peter Bolo - this is a good plan, I like the profile on the lake. Chris Sullivan – I supported the previous plan and will support this. Chris Richter – prefers two stories but will support this.

The motion to approve was made by Jim Moody, seconded by Peter Bolo and carried by 6-1 roll call vote (Sheasby denied.).

Other Matters / Public Comment:

Public comments: Fred Kantor, 81 Hanover Road, said he is aware of the Board’s adopted rules for a five minute limit on public comment, but he asked the Board to extend the five minute limit. If there is no other business, he would not impede the Board’s progress. He thanks the Board for the minutes of the previous meeting and the copy of the application. He noted that Mr. Shaw did not object to being sworn in. What are your rules, why is this different? There is no provision for you to swear people in unless it is the applicant or an expert. Opinions are not testimony and are not subject to perjury. I will not be sworn in.

Referring to the minutes, I notice that there is an omission. Mr. Richter threatened to have me arrested and that is not noted. This is a serious neglect of the minutes. Richter informed Kanter that his five minute limit had expired. David Kane moved to adjourn the meeting, seconded by Bob Sheasby and carried by 7-0 roll call vote.

The meeting was adjourned at 8:10 p.m.

Respectfully submitted,

Marge Jackson, Secretary