MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

April 4, 2013

 

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 3, 2013.  Said resolution was mailed to The Citizen and The Morris County Daily Record and by filing the same with the Borough Clerk on January 7, 2013 and was made available to all those requesting individual notice and paying the required fee.

 

 ROLL CALL:

Present: Dietz, Max, Richter, Albergo, Bolo and McConnell

Absent: Rusak and Abate

Also Present:  Attorney Michael Sullivan

 

REVIEW OF MINUTES:  Arthur Max made a motion to approve the minutes from the February 7, 2013 meeting. William Albergo provided the second; the minutes were approved by voice vote by all members.

 

MEMORIALIZING RESOLUTIONS:  

BRIAN and SUSAN MARSHALL                               Appl. # 13-624

           

The Board reviewed procedures for cancelling meetings when no applications are scheduled for hearing. Mary Dietz made a motion to adopt the resolution of approval; William Albergo seconded the motion.  The resolution was passed by a vote of 4 to 0 with members Richter, Albergo, Dietz and Max voting to approve.

 

PUBLIC HEARINGS: All Applicants and professionals were sworn in by Chair Chris Richter.

 

Carried Application:

JEFFERY & LYNNE ANSELL                                              260 Boulevard

Blk. 100, Lot 23                                                           Appl. #13-622

FAR, Height, Side, Building Env, Slope                          R-A zone

           

On February 20, 2013 the Board Secretary received a request to withdraw the application.

 

New Applications:

WALTER AERTKER                                                  171 Boulevard

Blk. 56, Lot 3                                                                Appl. # 13-625

Use                                                                             R-AA zone

 

Larry Korinda, a licensed Architect in the state of NJ, and Walter Aertker of 171 Boulevard would be presenting the application. Michael Sullivan explained a use variance required 5 positive votes and we only had 6 voting members present at the meeting. The applicant chose to continue presenting their application.

Larry Korinda told the Board the 2 story historic accessory structure at the rear of the property was originally built sometime before 1928 as a storage building and chicken coop around 1928 the structure began being used by the Mountain Lakes Dramatic Guild for their performances. At that time a ticket booth was added on as well as raised stage.  The structure was used as a small theater into the 1950’s. The previous owner used the space for storage. The Aertker’s plan is to maintain the exterior of the building and add a portico on the front where the ticket booth used to be.  On the inside they will be renovating the space on the 1st floor to include a full bath and entertainment area.  The 2nd floor will have an exercise room and full bath.

Mr. Korinda presented exhibit A-1 the site plan already submitted. The site will be re-graded to take care of a water problem and a new hot tub will be installed on the property in the future. Exhibit A-2 was a photo board containing 4 pictures of the structure. The owner will be reconstructing the second floor exit on the left side of the building. Exhibit A-3 was sheet E-1 depicting the 1st and 2nd floors plans. Currently the homeowner needs to use an existing ships ladder to get to the second floor. Exhibit A-4 showed the 4 elevations of the building.  The dark line on the plan shows where the re-grading of the property will be done. Exhibit A-5 showed the proposed floor plans and the new front portico.  Exhibit A-6 was the four proposed elevations.  The homeowner will be replacing the windows and the doors with input from the Historic Preservation Committee. The roof damaged during the Sandy storm will be repaired.

Larry Korinda concluded the applicant was looking for one variance for non-conforming use. The space will be an entertainment area for his family. They wish to use the space while maintaining the historic building. The Historic Preservation Committee was in support of the application.  Michael Sullivan confirmed the Board could consider the HPC recommendation letter.

Mr. Sullivan stated the property was in the R-AA zone allowing for single family use.  He asked Mr. Aertker if the property would remain single family use and the accessory structure would not become a separate dwelling. The applicant confirmed the structure would not become a separte dwelling. Mr. Sullivan recommended the Board consider placing a reference in the deed so future owners understood the structure cannot be used as a separate dwelling. Walter Aertker said he did not want the reference to cloud his deed. Chris Richter supported Mr. Sullivan’s position. The statement in the deed would reference the resolution. Mr. Richter continued the checks and balances needed to be in place to make sure this did not become a second dwelling on the property. Peter Bolo stated there was nothing like this in town and we potentially could see it becoming a second single family home. Chris Richter explained this had nothing to do with him it had to do with the future owners of the property.  He continued many times people come to the Board and they know nothing about previous resolutions on their property.

Mary Dietz asked if heat would be added to the building.  Mr. Aertker stated there would be but they planned on shutting the space down between Christmas and April. Peter Bolo asked about the need for the portico. Mr. Korinda explained they wished to cover the entrance. Arthur Max asked about the theater depicted on the plans as an existing accessory structure. Had this ever been addressed before? Mr. Richter explained this building predated our construction code. Peter Bolo confirmed the wood deck and stairs would be replaced but not enlarged and a new banister would be added to code.

Mr. Richter asked if anyone from the public wished to speak about the application. Michael Feigeles, of 181 Boulevard, thanked the Board for their service and stated he supported the application. The new owners had done extensive renovations to the home.  They had done so with respect for the property and its historic preservation. Ignacio Rodriguez, of 161 Boulevard, also supported the project.  The renovation was for the benefit of everyone in Mountain Lakes not just the homeowner.  He felt the view from his home would be beautiful.

The Chair then asked the Board for comments. Mary Dietz said this was a well know building in town that has not always been taken care of. She thought the canopy was great and was in support of the application.  William Albergo was in support of the application and thought they really should heat the space.  Peter Bolo supported the project but was concerned about future owners turning it into living space, the board needed to codify this in some way.

Chris Richter also supported the application. He asked if there were options available to the Board to make sure this space did not become a second dwelling on the property. Michael Sullivan stated he did not think so.  He went on to explain the purpose of recording such a deed would be to put someone on notice to look at the resolution.  Mary Dietz commented, aren’t we already protected by our ordinances? Chris Richter was concerned someone could easily add a bed and stove to the space. He continued there needs to be something in the deed that states this space can not be used as a living dwelling and it was not a separate dwelling unit. Michael Sullivan said the notice in the deed would list the resolution of approval, the approval date and list the condition. This is a procedure that has been used before.

The Chair asked if the Board would consider approving the resolution with the notice recorded in the deed. Four members said they would approve it, one member thought it was not necessary and the last member thought they could go either way. Mr. Albergo confirmed the accessory structure being used as a dwelling was illegal regardless of how the Board voted on the notice in the deed.

Chris Richter formally made a motion to approve the application with the condition that a notice be placed in the deed referencing the resolution and a condition prohibiting a separate dwelling. Peter Bolo provided the second. The Board voted 6 to 0 with Board members Richter, Bolo, Albergo Dietz, Max and McConnell voting in favor. Michael Sullivan said he would prepare the resolution with the notice requirement for the applicant’s attorney to review.

 

Other Matters / Public Comment:

Chris Richter welcomed new member James McConnell to the Zoning Board of Adjustment. Peter Bolo asked about our need for one additional new alternate. The Chair asked the Board for names of potential members we could share with the Council.

 

Peter Bolo made a motion to adjourn the meeting and Arthur Max provided the second. The meeting was adjourned at 8:35 pm. 

                                               

                                                                                   

                                                                                    Respectfully submitted,

 

 

                                                                                    Cynthia Shaw, Secretary