MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

October 4, 2012

 

Vice Chair Peter Bolo 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: Cohen, Albergo, Abate, Rusak, Bolo and Dietz

Absent: Gallo, Richter, Max

Also Present: Attorney Michael Sullivan

 

REVIEW OF MINUTES: Pia Abate made a motion to approve the minutes from the September 6th meeting. Bill Albergo provided the second; the minutes were approved by voice vote by all members.

 

MEMORIALIZING RESOLUTIONS: none

 

PUBLIC HEARINGS: The Applicant was sworn in by Attorney Michael Sullivan.

 

Carried Application from September 6th:

CHARLES & LISA GRAF                                           28 Bellvale Road

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

FAR, Side Yard                                                                        R-A Zone

 

Charles Graf, owner of 28 Bellvale, and Seth Leeb a licensed Architect in the state of NJ presented the application. Michael Sullivan reminded the applicant only 6 members of the Board were present and he required 5 positive votes for a FAR variance. The applicant understood and wanted to proceed.

The Graf’s have lived in Mountain Lakes for 7 year and wanted to have work done on their house. The front entry is on the side of the house and accessed by a walkway leading to a terrace.  Everyone who visits the home does not go to the front door located on the side but rather the door to the kitchen located in the front of the home. They would like to add a vestibule with a closet over the terrace to create an entrance in the front of the house. Seth Leeb reminded the Board the applicant had previously been before the Board to add a basement under the terrace. In addition to adding a vestibule on the terrace they wanted to add a new screened in porch on the balance of the terrace.

Mr. Leeb stated the applicant needed an FAR of 21.24% where 17% was allowed. He presented exhibit A-1 a photo board containing seven photos of the existing terrace.  He then presented exhibit A-2 a colorized version of V-1, the proposed site plan and exhibit A-3 a colorized version of V-2, the 1st floor plan. The Architect and the applicant had looked at other alternatives such as putting the vestibule in the living room but it did not work because it affected the dining room entrance. The Graf’s will be building the new structure on the existing terrace and make it look like it has always been there. Mr. Leeb pointed out the closest point of the neighbors house was 50 ft away on the terrace side. The existing non-conforming setback of 17.23 ft would remain the same after the construction.

Mary Dietz asked if they would still have a second entrance into the kitchen.  Yes they would but it would be moved to the side of the house. The current Kitchen entrance would become the breakfast area. Bill Albergo confirmed the applicant was formalizing the existing front door entrance.

Peter Bolo asked if there were any public questions or testimony, there were none. He then asked for Board comments. Pat Rusak thought this was a tight lot, they did a great job and it was a sensitive addition. Bill Albergo asked if they would be removing the existing kitchen pathway; yes they would.  Mary Dietz liked the vestibule she thought it was really nice, especially the addition of two closets in a Hapgood. Peter Bolo thought the addition was deminimis and could support the application.

Mary Dietz made a motion to approve the application for a FAR and side setback variance as presented. A second was provided by Bill Albergo.  The Board voted 6 to 0 to approve the application with Board members Cohen, Albergo, Abate, Rusak, Bolo and Dietz voting in favor.

 

New Applications:

            TIMOTHY HANNAN                                                 11 Crystal Road

Blk. 31, Lot 10.02                                                          Appl. #12-619

FAR, Front, Side                                                           R-AA Zone

 

Tim Hannan, of 11 Crystal Road, and Larry Korinda a licensed Architect in the state of NJ presented the application. Michael Sullivan reminded the applicant only 6 members of the Board were present and he required 5 positive votes for a FAR variance. The applicant understood and wanted to proceed.

The existing front yard setback is 67.8 ft and the proposed is 63.66 ft. However the required front yard setback is 158 ft. The right side setback currently is 28 ft and the proposed is 22.7 ft. where 25 ft is required. Larry Korinda explained the lake front exception setback, the front yard setback and the 25 ft setbacks on the sides created a postage size building envelope on the lot.  No part of the house was in the envelope. Mr. Korinda explained the required FAR was 13%, the existing is 10.55% and the proposed is 13.25%.

Larry Korinda presented a photo board marked exhibit A-1. It consisted of 3 photos of the house from different angles and an aerial photo of the property. He pointed out the home was a drab 50 split level with no view of the lake when viewed from the front. It has a 1 car garage and none of the windows in the house took advantage of that view. The large trees on the right of the house will remain. Plus there was heavy buffering on the side yard to the right. The aerial photo shows the front yard setback is behind the house and the neighboring homes are much larger.

Exhibit A-2 was a colorized version of the site plan. The plan showed the new front covered porch, a second garage, the expanded bedrooms plus family room out the back of the house and on the right side a small barbeque deck and breakfast area. Exhibit A-3 was a colorized version of the mid level entry, living room, kitchen and dining room. The upper level would also have a sitting room, master bedroom suite consisting of a new master bath and dressing/office area over a second car garage. Exhibit A-4 was a colorized version of the lower level consisting of an expanded family room, new mud room, 2 bedrooms and laundry room. Exhibit A-5 was a colorized version of the new front elevations.  The renovated home would have a bungalow look with rear French doors and windows to capture the lake views.  The applicant was over the FAR ¼ of 1 %, if the existing cathedral ceiling did not exist they would be closer to 12%.

Vice Chair Bolo asked if they were any questions the Board wished to ask.  Mary Dietz asked if the applicant could get the FAR reduced to the allowed 13%. Larry Korinda explained the project was much larger at one point and they moved it back as much as they could.  Mrs. Dietz commented if they brought the home back on the right side to the setback line they could reduce the FAR to the 13% allowed. Mr. Korinda explained they would loose 66 sq ft but they still would not make it. Peter Bolo thought 3620 sq ft of living space was reasonable.

The Vice Chair asked if there were any questions from the public: there were none. He then asked if there were any comments from the Board. Mary Dietz thought if the Architect made the breakfast area 6 ft 8 x 12 ft they would not need a variance for FAR. Larry Korinda pointed out the neighbor on the right side would be within 50 ft of the addition.  Tim Hannon added the eating area was the only living area on the main level that you could see the lake from. Mrs. Dietz asked how long the kitchen was. Mr. Korinda said, in total it will be  24’ x 12’ with the eating area being 12’ x 9’. He continued the smallest usable eating area would be 11” x 9’. Peter Bolo noticed the grade change to the right was significant when he visited the site. Larry Korinda confirmed the grade change was about 1 ½ to two stories high. Dr. Bolo commented the living room with the cathedral ceiling was not evident from the front of the house. Pat Rusak asked on the second floor of the neighbor’s home would they still see the vegetation to the right or the new addition. Mr. Korinda responded the neighbor would still see the vegetation. Bill Albergo asked if the applicant had given any thought to the replacement of trees. Tim Hannon said would like to save the tree if possible. Peter Bolo added the house sits back over 63 ft. He thought that was fine since it was more than the normally required 40 ft.

Mark Cohen made a motion to approve the application for a FAR, front and side setback variances as presented. A second was provided by Pat Rusak.  The Board voted 6 to 0 to approve the application with Board members Cohen, Albergo, Abate, Rusak, Bolo and Dietz voting in favor.

 

Other Matters / Public Comment:

There were no members of the public present.

The Board Administrator gave everyone an update on the revised application.  The new fees and the new application would be in use by Thanksgiving.

Peter Bolo extended the Board’s condolences to Michael Sullivan for the loss of his business partner, Stuart Koening.

Mark Cohen made a motion to adjourn the meeting and Pat Rusak provided the second. The meeting was adjourned at 8:30 pm. 

                                                                                                                                   

                                                                                                Respectfully submitted,

           

 

                                                                                                            Cynthia Shaw, Secretary