MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

September 6, 2012

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 5, 2012.  Said resolution was mailed to The Citizen and The Morris County Daily Record and by filing the same with the Borough Clerk on January 9, 2012 and was made available to all those requesting individual notice and paying the required fee.

ROLL CALL:

Present: Max, Richter, Albergo, and Abate

Absent: Gallo, Rusak, Bolo, Cohen, and Dietz

Also Present: Attorney Michael Sullivan

REVIEW OF MINUTES:  Pia Abate made a motion to approve the minutes from the August 2^nd meeting. Arthur Max provided the second; the minutes were approved by voice vote by all members.

MEMORIALIZING RESOLUTIONS:

JOFF & CATHY MITCHELL                          Appl. #12-614

Arthur Max made a motion to adopt the resolution of approval; Pia Abate seconded the motion. The resolution was passed by a vote of to 3 to 0 with Richter, Max, and Abate voting in favor.

BETHANY RUSSO                                         Appl. #12-615

Chris Richter adopted the resolution of denial.

JEFF & NICOLE SALDUTTI                          Appl. #12-616

Pia Abate made a motion to adopt the resolution of approval; Chris Richter seconded the motion. The resolution was passed by a vote of to 3 to 0 with Richter, Max and Abate voting in favor.

ROBERT HOROWITZ & NANCY POLETTI  Appl. #12-617

Pia Abate made a motion to adopt the resolution of approval; Chris Richter seconded the motion. The resolution was passed by a vote of to 3 to 0 with Richter, Max, and Abate voting in favor.

PUBLIC HEARINGS:

New Application:

CHARLES & LISA GRAF                                           28 Bellvale Road

Blk. 85, Lot 16                                                              Appl. #12-618

FAR, Side Yard                                                                        R-A Zone

Charles and Lisa Graf requested their application be carried until October 4, 2012. Arthur Max made a motion to carry the application and William Albergo provided the second.  The motion was carried by a voice vote of all members present.

Other Matters / Public Comment:

There were no members of the public present.

Historic Preservation Ordinance #08-12- At the last Zoning Board meeting the Board questioned a resident’s ability to receive relief from the new ordinance.  Michael Sullivan discussed the new ordinance with the Boroughs Attorney, Robert Oostdyk. It was confirmed; once a property has been determined to be eligible for the new historic preservation incentives the resident has every right under land use law to seek a variance from the new ordinance.

The Zoning Officer, Zoning Board Administrator, Borough Manager and Borough Attorney, during a conference call, concurred it was the responsibility of the applicant to determine if their property met the eligibility requirements listed in the new ordinance. If so they could choose to apply for relief under ordinance #08-12.

Application Change – The Zoning Board made a change to their application to reflect the addition of the new Historic Preservation Ordinance. A new question would be added under Section 2. The additional question will read as follows: (J) Is this application filed pursuant to the Special Zoning Requirements for Contributing Dwellings in Section 40-49?  Arthur Max made a motion to make the change to the Zoning Board application.  A second was provided by Chris Richter. The motion was passed by a voted of 4 – 0 with Board members Richter, Max, Abate and Albergo voting in favor.

Arthur Max made a motion to adjourn the meeting and William Albergo provided the second. The meeting was adjourned at 7:45 pm. 

                                                                                                Respectfully submitted,

                                                                                                            Cynthia Shaw, Secretary