MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

January 16, 2014

 

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.

 

Start: 7:36 PM

 

ROLL CALL:

Present: Bolo, Richter, Max, Rusak and Sheikh

Absent: Dietz, McConnell

Also Present:  Attorney Michael Sullivan

 

REORGANIZATION:  

Election of Chair – Peter Bolo made a motion to appoint Chris Richter Chair of the Zoning Board of Adjustment and Pat Rusak provided the second. The motion was approved by all members voting in favor 5 to 0.

 Election of Vice Chair– Chris Richter made a motion to appoint Peter Bolo Vice Chair of the Zoning Board of Adjustment and Arthur Max provided the second. The motion was approved by all members voting in favor 5 to 0.

Appointment of the Board Attorney, Michael Sullivan,

Appointment of Secretary, Cynthia Shaw,

Re-adoption of the By-Laws,

Designation of Official Newspapers, The Citizen and The Daily Record, and Determination of the regular Meeting Dates as follows:

February 6, 2014                                  August 7, 2014

            March 6, 2014                         September4, 2014

            April 3, 2014                                       October 2, 2014

            May 1, 2014                                        November 6, 2014

            June 5, 2014                                        December 4, 2014

            July 10, 2014                                       January 8, 2015

 Arthur Max made a motion to adopt the resolution determining the Attorney, Board Secretary, By-Laws, newspaper designations and meeting dates for the Zoning Board of Adjustment for the 2014 calendar year. A second was provided by Pat Rusak. The resolutions were approved by a voice vote of all members.

 

REVIEW OF MINUTES: Peter Bolo made a motion to approve the minutes from the December 5th meeting. Arthur Max provided the second; the minutes were approved by voice vote by all members.

 

 

MEMORIALIZING RESOLUTIONS:  

JAKE & MARY BETH DENOOYER                         Appl. #13-633

 

Peter Bolo 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 with members Bolo, Richter, Max, Rusak voting in favor.

 

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

 

New Applications:

MICHAEL VERZALENO                                          270 Boulevard

Blk. 100, Lot 27                                                           Appl. #13-635

ILC, Side, Lakefront setback                                       R-A zone

 

John Wyciskala, a licensed Attorney and Marc Walker, a licensed Engineer both in the state of New Jersey would be presenting the application. The applicant had been to the Board in 2012 to put a garage addition on their home. After completing the work they hired Kimball Landscape Associates to landscape the backyard. Mr. Wyciskala stated they were here for 3 variances for an installed fireplace and patio. The canoe racks, patio and fireplace were located in side setback and they are over the allowed ILC. The Zoning Officer also sited the need for a lakefront exception variance but they did not agree with that determination. The Verzalenos relied on their contractor for advice concerning the landscape installation and do not believe Mr. Kimball did anything intentional. The applicant will be reducing the ILC to eliminate the need for a variance.

Marc Walker continued the application presentation; the Verzalenos were here before for the removal of a free standing garage and the addition of a garage attached to the house.  When landscaping the backyard the applicant added a driveway turnaround, walkways, a fireplace and patio. The additional hardscape increased the ILC to 27.8% where 25% is allowed. Exhibit A-1 was passed out to the Board. It was a site plan showing areas of the driveway, a slate walkway off the driveway, walkways to the lower patio and portions of the patio that would be removed to result in an allowed ILC of 25%.

Mr. Wyciskala went on to state there was no variance needed for lakefront exception because the ordinance only applied to principle structures. Board members questioned why the fireplace would not be considered obstructing the neighbors view. Michael Sullivan read from the Boroughs land use regulations section 245-20A (1) It is the intent of this subsection that the view of the lake afforded existing houses or principal buildings on lakefront property shall be maintained to the extent reasonably achievable, balancing the right of all parties. Where there is a neighboring house or principle building on an adjacent property, the setback distance from the lake of any proposed new house or addition shall be no less than the setback of the neighboring house or principal building, or 25 feet, which ever is greater. (2) No structure shall be located within 25 feet of the shoreline of the lake, of the bank of a watercourse or within delineated wetlands. He concluded #1 pertained to houses, the fireplace could be considered an accessory structure so #2 was all that applied.

Chris Richter asked about the concrete wall along the shoreline, did the water came up as far as the wall? Marc Walker said the water did not reach the concrete there was a beach in the walled area.  Pat Rusak asked if the applicant had installed the walls. Marc Walker said the beach area and walls already existed. Michael Verzaleno, of 270 Boulevard, said they had repaired the walls because they were falling down. Exhibit A-2 was an aerial photo of the property with an overlay drawn of the patio, fireplace and canoe racks.

Chris Richter asked what the height of fireplace was. Marc Walker estimated the height at 11 ft tall. He continued the patio was 23 ft off the property line and the canoe racks were about 6 feet from the line. The town swing sets were not 25 ft from the Verzaleno’s property. There is a lot more activity on the swing sets than the activity at the canoe racks. Arthur Max objected to the statements made by Mr. Walker concerning the public beach. Mr. Richter asked if there were any permits pulled to build the fireplace, no there were not. He asked if the patio area has any lighting, it did not. Mr. Richter inquired why Mr. Kimball was not present at the hearing. John Wyciskala answered; they did not think it was necessary since they had their Engineer here tonight. Mr. Richter commented the canoe racks could be easily moved but the fireplace looked very large. Michael Verzaleno pointed out the fireplace was behind the beach.

Arthur Max told the applicant the Board needed to look at the application as if they were coming in to build the fireplace. We would ask you if there was any other place on your property you could put this fireplace.  Peter Bolo asked Michael Sullivan to reread section 245-20A (1) & (2). Chris Richter reviewed the variance request; they were only looking for the side setback at 23 ft since the wall around the beach was replaced in kind. Mr. Verzaleno added the repaired wall was lower than before. Peter Bolo commented he didn’t think something of this size was meant to be by the lake. He continued the applicant was previously before the Board and should have understood the process. They should have known they needed to come here to review the location of their fireplace before installing it. Chris Richter asked if they would move the canoe racks, Michael Verzaleno said yes. Khizar Sheikh asked where the Engineer had measured the lake line. Mr. Walker pointed out the dark line on the site plan. He then asked how the word shoreline was defined; Mr. Sullivan said it is not. Chris Richter told the applicant your original site plan was all that was approved there is no justification for the 2 ft variance you are requesting.

The Chair asked if anyone from the public had any questions or wished to comment on the application. Lynne Ansell, of 260 Boulevard, lived next door to the applicant and wished to comment. She presented Exhibit O-1 which consisted of 5 photos showing the view from her backyard. The first two photos were of the fireplace which appeared to be 14 ft tall to her. They did not object to the application previously presented to the Board. Now there is a basketball hoop and lacrosse net along the property line, photos 3-5, in addition to the fireplace and patio. The Board discussed the requirement that all play equipment should be 10 ft off the property line. They also reviewed the height of the fireplace again and felt it was closer to 14 ft than 11 ft. John Wyciskala asked Mrs. Ansell if the patio was two feet closer to her home and not installed in the 25 ft setback would it change her view?  Marc Walker added the fireplace did not block her view from the house.  Lynne Ansell said we do go down to the lake and use our patio and the fireplace blocks our view. Peter Bolo asked the applicant to remove the piers at the entrance to the patio and fireplace in lieu of the 2 ft setback variance for the fireplace. Mr. Wyciskala said that would not change Mrs. Ansell’s view.  Peter Bolo disagreed; the fireplace and patio were in fact significantly obstructed the neighbors view. Arthur Max asked if they left the patio could they reduce the height of the piers and height of the fireplace. He added the fireplace was immense when you look at it from Island Beach. John Wyciskala proposed they take down the decorative wall piers to about one ft over the wall, move the canoe racks to within the setbacks and remove the coverage as depicted on the site plan to be in compliance for ILC.

Mr. Richter asked for Board comments. Arthur Max stated unless the chimney was reduced he could not support the application. Chris Richter asked if the applicant would move the edge of the patio in the side yard back to be even with the front of the fireplace. The applicant agreed to do so. Pat Rusak said she was fine with the coverage they were removing and the reduction of the pillars. Mr. Richter stated he did not like the fireplace but it does comply with the ordinances for height of an accessory structure at 20 ft. Khizar Sheikh said he read the ordinance and felt the purpose of the ordinance was to not block homeowner’s view. Peter Bolo commented he thought that was the spirit of the ordinance but literally the fireplace did comply. Dr. Bolo asked if the applicant could remove the cap on the fireplace. Mr. Verzaleno presented Exhibit A-3 a photo on his phone of fireplace. He showed the Board there was no cap on the fireplace what they saw were different colored bricks at the top of the chimney used to create a design.

Peter Bolo asked Mrs. Ansell, does moving the patio two ft toward your house help your situation. She did not think so her concern was the height of the fireplace. Lynne Ansell felt the photos did do the justice to the size. The Board reviewed the need to move the boat racks and determined they were best left where they were.

A motion was made by Chris Richter to approve the application for a side yard setback at 23 ft. for the fireplace, to move the patio in on that side to be flush with the front of the fireplace and new calculations and site plan for ILC be done once the work was completed. The pillars shall be reduced in size so they are capped at 1ft above the wall and the boat racks can stay as installed at 6 ft off the property line. A second was provided by Pat Rusak. The Board voted 3-2 to approve the application with the above changes. Members Richter, Bolo and Rusak voted in favor of the motion while Max and Sheikh voted against.

 

Other Matters / Public Comment:

2013 Annual Report – A motion to accept the report as written was made by Peter Bolo and a second was provided by Pat Rusak. The motion was carried by a voice vote of all members present.

 

This was the first meeting for our newest member Khizar Sheikh. Our February meeting will be cancelled due to lack of applications.

The Board discussed the need to work on updating our ordinances especially the lakefront exception to handle the height and location of accessory structures such as fireplaces.

 

Peter Bolo made a motion to adjourn the meeting, Arthur Max provided the second, and the motion was carried by a voice vote of all members. The meeting was adjourned at 9:11 pm.                                                                                                                                                                                                                                                      Respectfully submitted,

                                                                                               

Cynthia Shaw, Secretary