MINUTES OF A REGULAR MEETING

ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

April 5, 2007

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, Bolo, Sheasby, Sullivan, Rusak, Max Absent: Moody, Kane

Also Present: Attorney Michael Sullivan Council Liaison – none

REVIEW OF MINUTES: The minutes of the March 1 meeting were approved by voice vote.

MEMORIALIZING RESOLUTIONS:

RAY & JULIE PITCOFF Appl. #07-502

Chris Richter made the motion to adopt the resolution of approval, seconded by Bob Sheasby and carried by 5 - 0 roll call of eligible voters.

CHARLES & LISA GRAF Appl. #07-503

Bob Sheasby made the motion to adopt the resolution of approval, seconded by Arthur Max and carried by 5 - 0 roll call of eligible voters.

PUBLIC HEARINGS: All applicants were sworn in by Chair Gotthelf.

GRACE MURTHA 3 Barton Road

Bl. 81, Lot 24 Appl. #07-504

FAR, ILC RA zone

Mrs. Murtha presented her application, describing that she has lived in this house for 39 years and does not have a bathroom on the first floor. She needs to have an operation and would like to add a bathroom in an 8 x 10 addition that would not be visible to any of the neighbors. Her house is located next to the church parking lot; the addition would be in line with the existing family room. She is seeking floor area of 17.48% and ILC of 29.16%. Murtha testified that the property coverage and floor area have existed since the house was built in 1920. Chris Richter asked why there is so much asphalt in the rear of the driveway and whether there is an opportunity to remove some coverage to compensate for the additional 80 square feet of ILC. Murtha said she has only a single car garage, and this area is where she parks the other car. Chris Sullivan pointed out that she still needs a path to get from the parking area to her house. The engineer was not able to be here tonight, but there is a raised seal so that should verify the calculations. Max recommended approval of the application as is; Chris Sullivan agreed. Jill Gotthelf did not have a problem with the FAR but she felt that some of the ILC could be removed. Peter Bolo explained that we are concerned about ILC creating excessive nutrient runoff to the lakes. Jill pointed out that a path would suffice to allow access to the deck. Richter explained that he is searching for an area to remove some asphalt. Bob Sheasby noted that the house is far back from the street, aggravating the need for a longer driveway and ILC. Jill noted that the brick herringbone walk has been added since the house was purchased; she suggested that somewhere, ILC should be removed to compensate for the additional 80 sq. ft., to maintain the 28.65 ILC. It is up to your discretion as to where you can remove the 80 square feet.

There was no public comment. Chris Richter moved to approve the application subject to the condition that improved coverage percentage of 28.65% be maintained. Coverage could be removed anywhere on the property. A sketch to show where ILC is removed should be submitted to the construction department. The motion was seconded by Peter Bolo and approved by 7-0 roll call vote.

BRUCE & KATHLEEN MERRITT 48 Laurel Hill Road

Bl. 57, Lot 19 Appl. #07-505

FAR, ILC, side RA zone

Bruce Merritt described his family’s quest to move back to Mountain Lakes; they purchased this Hapgood, they now have three boys and would like to rearrange the rooms to accommodate their family. Architect Richard Nelson described the variances requested. The site plan was marked as Exhibit A1. Nelson explained that, if the attic area were not included, they would not need the floor area variance. They plan to open the currently enclosed porch and will remove enough driveway and sidewalk to maintain the nonconforming ILC. The sideyard setback nonconformity will be improved from 16.9 to 23 feet. He noted that the addition is one story but it increases the total height of the house because the addition location is lower than the rest of the house. Nelson described the additional space proposed to create an eat-in kitchen and windows to view the back yard from the kitchen. Exhibit A2 was a colored sketch of the proposed addition from the rear. Chris Richter asked if the porch would be open or screened. Merritt said it would be open but Richter suggested that be a condition of approval. Richter said that the height variance is required but it is a technical issue. Bolo asked if there were any other opportunities to remove additional coverage since they are proposing 37.11%. Merritt said he has made an agreement with DiMarco to extend a drainage pipe to the property DiMarco is developing downhill from this house on Condit Road. Richter said he should secure an easement to formalize the agreement. Nelson and Merritt agreed that the coverage could be further reduced to 36.64%. That should also be demonstrated by a sketch to show where the driveway will be removed.

From the public: Grace Murtha noted that the existing ILC is 38.57 on this application far more than her proposal. Jill explained that the Board is trying to decrease the coverage as much as possible and is trying to reduce nonconformities; we look at each case individually and work to improve the nonconformities. Murtha pointed out that her house is next to a parking lot. Sheasby said he has the impression that there is a lot of asphalt on the subject property. He would like to see a more aggressive reduction of asphalt on this application. Nelson measured the driveways and estimated that they are approximately 15 feet; he said that a driveway on a level lot could be 11 feet but a sloped driveway needs to be wider. Board members asked that since the detached garage is not used, couldn’t that driveway be removed? Merritt said that the bicycles, snow blower and all equipment are kept there. The Board agreed to let the applicant decide where to remove the coverage to bring ILC down to 35.2%

Chris Richter moved to approve the application, limiting the addition to one story on the first floor, not allowing screening on the porch., ILC is limited to 35.2%; the motion was seconded by Arthur Max and carried by 7-0 roll call vote. Merritt should submit a sketch to indicate asphalt removal.

RICH & JEANNE SQUEGLIA 20 Tower Hill Rd.

Bl. 38, Lot 3 Appl. #07-506

Front RAA zone

Rich Squeglia was accompanied by Architect Rick Nelson. Squeglia said they moved here three years ago, have had three boys and hope to stay here to raise their family. They propose a two-story addition on the right side of the structure. This addition will require a front yard setback variance because the adjacent house is set back far from the street, creating a front setback exception of 113.8’. Previous owners had a front variance approved 6 years ago but that screened porch was not constructed. The entire house is located outside the building envelope because of the location of the adjacent house. This proposal continues the existing facade line. There would be an open porch in the front with the structure set back 9 feet. All the details of the façade would be repeated in the addition. The closest point of the new construction would be 40.23’ from the street. Chris Richter asked what the FAR would be if the screened porch were included because, with closed rooms on top, it looks like a structure. Nelson said FAR would be 11.1, below the 13% limit. They believe that this will require removal of only one tree, other trees will be protected.

No public comment. Bob Sheasby expressed concern that the house is becoming very large, is close to the road and the FAR percentage is lower because of the large lot area in the rear. Peter Bolo agreed that this could have a negative impact on the neighborhood; it will appear very awkward with the neighboring Walsh house set back so far. Chris Sullivan noted that the Wilson School, though large, exists and he doesn’t have a problem with this proposal. Richter asked whether the addition could be moved back. Nelson pointed out that this location of the house provides privacy in the rear yard. Also, sliding the addition back would create an awkward roof line. The elevation is misleading, the structure is actually set back 9 feet from the façade of the original house.

Chris Richter moved to approve the application as presented with the condition that only one tree could be removed, other trees would be protected from root damage and the screened porch is included in FAR calculation; motion seconded by Chris Sullivan and carried with 5-2 roll call vote.

TOBIA & LISA IPPOLITO 15 Crestview Road

Bl. 45, Lot 1 Appl. #07-509

Appeal RA zone

They are native Morris Co. residents, have sought a home in this community for three years and recently purchased this property with the intent of constructing a new residence. In the process of preparing for that, they met with the Zoning Officer and discovered that there was an issue regarding the building envelope available on this property. Ippolito pointed out the Borough land and County Tourne Park located to the west of the property. North Glen Road is a ‘paper street’; it is unimproved. Attorney Sullivan stated that this creates a corner lot and would require a 40 foot setback. Sullivan referred to the definition of ‘street’ and said, from a legal standpoint, it is not a grey issue. Chris Richter said that even though the street is not improved, it is an access point to the Tourne. If you come to the Board with a plan you could request a variance. Richter reminded Ippolito that, if you knock a house down, you have a clean slate and could construct a house 80 feet wide. Ippolito noted that the size of this property could accommodate a 7400 square foot house and it would be awkward to have it placed sideways. Arthur Max said that there are other remedies since we don’t have any history or documentation as to why this street designation was created.

Chris Sullivan moved to affirm Dan Hagberg’s decision, that the paper road is a street as defined. The motion was seconded by Arthur Max and carried by 7-0 roll call vote.

Carried to May 3, 2007:

MARIE & PAUL CONLIN 50 Pollard Road

Bl. 110, Lot 11 Appl. #07-508

Side RA zone

Other Matters / Public Comment: none

The meeting was adjourned at 9:20 p.m.

Respectfully submitted,

Marge Jackson, Secretary