MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES
April 1, 2010
Vice Chair Chris Richter called the meeting to order and announced: Adequate notice of this meeting has been provided in accordance with the Open Public Meetings Act by adoption of the annual notice on January 7, 2010. Said resolution was mailed to The Citizen and The Daily Record, filed with the Borough Clerk and posted on the bulletin board in the Borough Hall on January 11, 2010 and made available to all those requesting individual notice and paying the required fee.
ROLL CALL:
Present: Cohen, Abate, Rusak, Dietz, Max, Richter, and Willke
Absent: Bolo, Gallo
Also Present: Attorney Michael Sullivan
Chris Richter welcomed our new member, Tim Willke, to the Board.
REVIEW OF MINUTES: Mark Cohen made a motion to approve the minutes from the March 4th meeting. Pat Rusak provided the second; the minutes were approved by voice vote by all members.
MEMORIALIZING RESOLUTIONS:
JAMES AND SHELLY TSANG Appl. #10-565
Pia Abate made a motion to adopt the resolution of approval; Pat Rusak seconded the motion. The resolution was passed by a vote of 4 to 0 by members Cohen, Dietz, Rusak, and Abate.
SCOT AND KATHRYN KUEHM Appl. #10-567
Pat Rusak made a motion to adopt the resolution of approval; Mark Cohen seconded the motion. The resolution was passed by a vote of 4 to 0 by members Cohen, Dietz, Rusak, and Abate.
PAUL AND PHYLLIS DEERING App. 07-519
Paul and Phyllis Deering sent a letter to the Board asking for an extension of time to act on their approved application from 2007. The applicant already asked for an extension of 1 year which was granted in February of 2009. The resident was now asking for another year. Michael Sullivan explained to the Board that our newly adopted ordinance only allowed the Board to give them an additional ½ year extension.
Mary Dietz made a motion to grant a ½ year extension until October 4, 2010, Arthur Max provided the second. The extension was approved by a vote of 7 to 0 with Board members Richter, Cohen, Dietz, Max, Rusak, Abate, and Willke voting in favor.
PUBLIC HEARINGS: All applicants and professionals were sworn in by Vice Chair Chris Richter.
DUANE AND WENDY KOTSEN 151 Lookout Road
Bl. 42, Lot 1 Appl. #10-564
FAR, Front Yard Setback, Height
Major Soil Moving RAA Zone
Mark Cohen recused himself from hearing the application because he lives within 200 feet of the applicant. Larry Korinda, a licensed architect in the state of New Jersey and Mark Walker, a licensed Engineer in the state of New Jersey were sworn in. Attorney Michael Sullivan explained to the applicant that 5 votes were required for the D variance to be approved.
Larry Korinda provided an overview of the project. Exhibit A-1 was an aerial photo of the neighborhood. The Kotsen house is smaller than the others in the area sitting at an angle to the front of the street. A Front Yard Setback of 26.7’is requested to the new covered porch and is 20’7’ to the existing porte-cochere on the Lookout Rd. side of the property where 45’ is required. Exhibit A-2 consisted of 6 photos showing all the elevations of the existing house.
Exhibit A-3, dated 1/14/10, was a colorized version of 1st floor and basement floor plans. In the Basement a new 2 car garage would be pulled forward. The old garage would become a new Rec. Room on a slab. On the 1st floor a Family Room would be created by enlarging the old office, they will expand the Kitchen and the Breakfast area. They will add a new Entry, Mud Room, Pantry and Butler’s Pantry. Exhibit A-4, dated 1/14/10, showed the proposed 2nd and attic floor plans. They will be adding a Master Bedroom closest and enlarging the Master Bath. The Hall Bath and Laundry would be relocated and a 3rd Bedroom would be added. The old Family Room would become an enlarged Office. In the Attic they plan to improve the existing Bath and create a Guest Room/Playroom out of the remaining space. The Attic area is not included in the FAR calculation because it is 34.8% of the second floor. Exhibit A- 5, dated 2/11/10, showed the drawing of all 4 elevations of the house already submitted. The roof lines of the new additions are below the main ridge line of the existing home. The new garage floor will be raised 5.4 ft above the floor level of the old garage which will now be a Rec. Room. There is a series of terraces on the north side of the house to make the transition to the yard. The heights of the newly created ridge lines are in line so as to not over power the main house.
Mr. Korinda explained the FAR calculations. They have proposed an FAR of 14.24% which is .56% less than FAR unanimously approved in 2001 for a design by Richard Nelson. The architect felt there was a special hardship due to the need to include the basement in the calculations for FAR. It is his opinion that the proposed additions and renovations complement the existing house.
Mr. Richter asked if there were any questions from the Board. Mary Dietz explained that the approved FAR in 2001 did not include expanding the second floor and they counted the attic area in the FAR calculation. She commented the applicant was expanding the second floor so they did not have to count the attic area. Larry Korinda responded, the Sorbo house design was more massive in design and also had a warp around porch thus creating a much longer house. The existing house has a large Living Room large Foyer and narrow Sun Room that takes up a lot of the FAR calculation. Tim Willke asked why the 943 sq ft of Attic area was not included in the calculation. Chris Richter explained the definition of an Attic as per our Land Use definitions, “A space…occupies less than 40% of the total floor area of the story directly below.” Chris Richter asked if the second floor has cathedral ceilings to help with the FAR calculations, Larry Korinda said yes. He also asked if the applicant excluded the basement and added the attic into the FAR calculation what would the FAR be, 12.4%. Mr. Richter asked why the applicant was going further into the front yard with the new addition, it was to provide the Mud Room area and create a balance to the front elevation.
Mr. Richter asked if there were questions from the public for Mr. Korinda; there were none.
Marc Walker, the engineer, presented the next part of the application. Exhibit A-6 was the proposed Addition Plan, dated 3/4/2010, which showed the existing house as shaded and the proposed additions in red dashes. Exhibit A-7 was the Earthwork Exhibit, dated 3/4/10 that showed the area to be disturbed on the property. The current garage is not connected to the living area. The new design would bring the garage forward into the driveway so that the driveway slope decreases. They worked the sports court into the side yard and expand the backyard play area. The reworking of the play area was already approved by the Board for the Sorbo application but they did not improve the total area allowed in the resolution. The sports court is not seen by the neighbors and the homeowner since it is located to the side of the house. The Front Yard setback is 20.7’ to the porte cochere, but 26.7 ft. to the proposed one story addition if measured to the open aired area and it balances the other side of the house. The main part of the new addition is 31 ft from the road. The average Front Yard setback of the houses in the neighborhood is 43.5 ft with the adjacent properties front porch at 27 ft.
The Height is 48.8 ft to grade on the Tower Hill side of the existing house. The height is 41ft from grade on Tower Hill side for the new additions. The Lookout Road side of the house meets all the height requirements. The house cannot be renovated without a variance because of the pre-existing height condition pertaining to the Tower Hill side. The existing house is 48.8 ft high and 3 ½ stories, the proposed is 49.02ft with 3 stories and the allowed amount is 35 ft with 2 ½ stories. The applicant is increasing the height of the home 2” and reducing the stories to 3 by expanding the second floor. The non-fronting sides of the house are where the additions will be occurring. If you look at what is being added the proposed ridge is now 9 feet below the existing ridge line. What the applicant is adding on is in conformance with the required 35 ft but they are required to measure to the existing ridge line which is 9 ft higher. Mary Dietz questioned the calculations. She confirmed that lifting the grade of the Garage was helping the calculation for the height. Mr. Walker stated the applicant was raising the garage floor over 5 feet thereby reducing the mass of the house. Chris Richter questioned the calculation of the grade plane. Marc Walker explained how he did the calculations. Mr. Walker stated the basement was a story above grade creating a significant hardship for the applicant as it did not meet any of the required elements to be considered a basement.
The sports court is considered an accessory structure based on the Borough definition even though it is not a building. The applicant would be constructing the court where the old driveway is now. It will be located on Tower Hill which is a paper road along this side of the house. Exhibit A-8 showed a cross section of the view from Lookout Road to the sport court; the court would not be visible. Michael Sullivan asked how close to Tower Hill Road the sports court would be, it would be 3.7 ft. from the property line. In the R-AA zone the Front Yard setback is 40 ft if the paper road did not exists it would be considered a Side Yard it would be 25 ft. The public access for the Tourne is on Crestview Road not at Tower Hill Road access. Chris Richter asked if there would be any basketball hoops or other permanent structure, the applicant responded no.
Marc Walker also presented the Soil Moving permit. The applicant wishes to create a usable backyard. They will be moving 767 cubic feet. Michael Sullivan asked if the engineer had any problems with the conditions of the letter from Bill Ryden the Borough engineer, there were none. Marc Walker felt the applicant would be moving a small amount of dirt. Arthur Max stated that would be 50 truck loads. The 2 drywells in the original Sorbo application would be used to handle the drainage.
The Vice Chair asked if there were any questions from the public. Mark Cohen, 47 Condit Road, asked which plan submitted explained the amount of dirt to be moved. Marc Walker explained both the original Sorbo plot plan and new Kotsen plot plan was submitted so the board could compare the two. They would be moving the 767 cubic yards listed on the Kotsen plot plan. The Sorbos brought in ½ the fill approved in the original resolution and the Kotsens would bring in the other half that was approved. Michael Sullivan asked how much fill actually has to be brought in; it would be 625 yards.
Wendy Kotsen, 151 Lookout Road, Wanted to explain their intentions. Currently the house does not work for their family of 6; the living area is too small. They knew the originally approved plan did not work for them so they found a new architect to redo the plans; keeping the Hapgood look. They needed a Kitchen and a safe place for their children to play. They are trying to keep the look of the house and make the house family friendly. Pat Rusak asked if the new yard would be level with the neighbor; it will remain as it is now it would just go back further.
Mr. Richter asked if there were any Public comments. Peggy Ware, of 148 Lookout Road, felt that Lookout Road was a dangerous road she supported making the property safer. Wendy Kotsen reminded the Board that Tower Hill was a paper road. The roads in the area are very steep so the sports court will give them a place to play safely.
The Vice Chair asked if there were any Board comments. Pat Rusak thought the sports court was not a problem for her. She however did have a problem with the FAR and would like it reduced. Arthur Max remarked the design was excellent but the use of the cathedral ceilings factored into the FAR proposed did not meet with his approval. Chris Richter understood that the FAR exceeded the allowable amount but there was no neighbor being affected. He had an issue with the front yard setback. The sports court only 3.7 ft from the property line was too close to support but he would support a 25 ft. setback. Our current ordinances do not allow a swing set within 10 ft. Mary Dietz was unhappy with the FAR methodology used to do the calculation to exclude the attic. She was glad to hear the applicant want to save the Hapgood. She also understood the need to have a safe place to play, however she felt the applicant would need the screening the sports court. Pia Abate agreed there needed to be screening around court and was concerned with it closeness to the front yard line. Chris Richter summed up the Board’s comments to reduce the FAR and address the right side setback. Based on the Board’s comments the applicant requested to carry the application to the May 6th meeting. The application was carried.
DAVID AND FRAN WIEN 35 Laurelwood Drive
Bl. 17, Lot 19 Appl. #10-566
ILC, Front Yard Setback R-A Zone
David Wien, of 35 Laurelwood Drive and Larry Korinda, a licensed architect in the state of New Jersey were sworn in. Mr. Korinda explained they were looking for two variances that night. One was for Impervious Lot Coverage which would be reduced from 29.41% to 29.36%. The second was for a Front Yard setback reduction from 13’ to 13.1” where 30 feet is required. Exhibit - A-1, an aerial photo of the home and road, was presented. The road width is 21 feet. There is a three space parking area for the house at the street that was dangerous. The applicant has to back into traffic on the curve of the road to exit the parking area. They plan to eliminate the parking area and add a Garage. Exhibit A-2 6 was a photo board showing the house and parking area from different locations along the road. The house is downhill a ½ story from the road.
Exhibit A-3 was a shaded view that showed the existing and proposed site plan on the same board. Any of the additions they were doing would not block the view of the lake. The existing driveway is steep and unusable in the winter. They will be putting a 2 car garage with a turn around area in the driveway so you can pull out forward into the street. They also will be simplifying the walkways. All the houses in the neighborhood are 2 stories and this home is only one story. The removed parking spaces would become a landscaped area.
Exhibit A-4 was the floor plan of the house. It showed the new 2 car garage, Mud Room and Dining Room. There would also be a small addition on the right side of the house to rework the Master Bath to include 2 bathroom sinks. Exhibit A-5 was the front elevation and right side elevation of the house. Mr. Korinda explained the front yard setback on neighboring houses were15’ and 18.5’. The new Dining Room setback would be at 18.7’. Mary Dietz questioned the side yard setback. Larry Korinda explained the different bulk requirements needed in an R-1 zone. Exhibit A-6 was the rear and left side elevations. The garage addition will face the town property. The house has two wood decks in the back that will remain after the renovation.
Chris Richter asked if there were any questions for Mr. Korinda from the public, there were none. The applicant David Wein made a few comments. When he built the house he was a bachelor and now he was married. They do not have room for all our stuff. Backing out of the parking area was dangerous, they have had repeated car damage due to the lack of a garage. The existing driveway is icy in the winter.
Mr. Richter asked for comments from the Board. Pia Abate thought it was a beautiful design. Arthur Max thought the design was consistent with the neighborhood. Mary Dietz thought there was a significant improvement to the house and the plan improved the safety. However she thought they could have made the mud room smaller to reduce the ILC. Chris Richter commented on the 13.1’ front yard set back he thought they should have put a second story on the house. Mark Cohen felt it was a good plan; the front yard setback was not changing. Pat Rusak agreed it was a great design. Tim Willke was pleased to see the three cars on the street would be eliminated. David Wein told the board he considered adding a second level but the foundation would not support it.
Mary Dietz made a motion to accept the application as presented, Mark Cohen provided the second. The application was approved by a vote of 6 to1 with members Cohen, Dietz, Max, Rusak, Abate and Willke voting in favor. Mr. Richter voted against the application.
Other Matters / Public Comment:
Chris Richter asked if there were any comments from the public, there were none.
Chris Richter made a motion to adjourn the meeting and Mark Cohen provided the second.
The meeting was adjourned at 10:05pm.
Respectfully submitted,
Cynthia Shaw, Secretary