MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

May 3, 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, Cohen, Albergo, Bolo, Abate, and Dietz

Absent: Gallo and Rusak

Also Present: Attorney Michael Sullivan

 

REVIEW OF MINUTES:  Pia Abate made a motion to approve the minutes from the April 5th meeting. Mark Cohen provided the second; the minutes were approved by voice vote by all members.

 

MEMORIALIZING RESOLUTIONS:  none

 

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

Request to Carry:

ALAN & MARY DIETZ                                  370 Morris Ave

            Blk. 112, Lot 9                                                  App. #12-613

            Front                                                                R-A zone

 

Alan and Mary Dietz requested their application be carried until June 7, 2012.  Mark Cohen   made a motion to carry the application and Arthur Max provided the second.  The motion was carried by a voice vote of all members present.

 

Carried from March 1, 2012

JEFFERY SCHMITT                                                12 Craven Road

            Blk. 118, Lot 4.06                                                      Appl. #12-607

FAR, ILC, & Side                                                      R-AA zone

 

Jeffery Schmitt, of 12 Craven Road, and Christopher DiCristo, a Real Estate Broker and licensed Appraiser, continued the application originally started in January. Mr. Schmitt had taken the Board’s comments into consideration and redesigned the house. He submitted exhibit A -1 which included new calculations for FAR and ILC and 4 photos of the property.  Now that changes had been made to the original plans the applicant was only seeking a variance for FAR. They had eliminated the need for the side and ILC variances. Jeffery Schmitt pointed out the new second floor design was smaller than it was before. He had submitted the FAR calculations with and without the cathedral ceilings for comparison. Mr. Richter confirmed the original application did not include the cathedral ceilings in the calculations. The house is the last house in the cul-de-sac and is surrounded by the open space from the town houses. The existing FAR was 18.48% including the cathedral ceilings.  The new request for FAR is 21.39% where 17% is allowed.

Christopher DiCristo pointed out the applicant had reduced the room sizes on the second floor to the smallest size possible while still being functional.  He also mentioned the home did not have a basement or an attic.  The staircase, which is in the middle of the kitchen, was not built to code. There is no dining room and the 1st floor bath was in the master bedroom. Pia Abate commented the home was set down lower than the road. Christopher DiCristo confirmed the home currently sat so low that you could not see the house from the road. The house will be more visible from the street after the second floor addition was done.

Mr. Richter asked if the Board had any questions or comments. Mary Dietz noticed the 2 new second floor rooms look like they had a continuous shed roof. She asked if the applicant was matching the existing rear roof line. Jeffery Schmitt confirmed they were. Chris Richter said the applicant had responded to the comments the Board made in January so he would support the application. Peter Bolo thought the addition was modern and would not be seen from the road. The new design gave the family the additional room they need. Arthur Max was in support of the application.

There was no one present from the public.

A motion was made by Mary Dietz to approve the application as presented A second was provided by Arthur Max.  The application was approved 7 to 0 with Board members Richter, Bolo, Cohen, Dietz, Max, Abate and Albergo voting in favor.

 

Carried from April 5, 2012

PT ONE, LLC                                                  Old Peartree Rd

Blk. 4, Lot 2.01                                                 Appl. #12-610

            USE, ILC, Front Setback                                   B zone

 

Steve Schepis, a licensed Attorney in the state of NJ, Kevin Robine, a licensed Engineer in the state of NJ, Paul Ricci, a licensed Planner in the state of NJ and Marie Hadden the Manager for Cardiology Consultants of North Morris, would be testifying for the applicant.

Kevin Robine presented the site plan for the application. The 16,084 sq ft. property is currently vacant and being used as a parking lot. There are some wetlands on the eastern side of the property.  The applicant has filed with the state DEP for a letter of interpretation to verify the delineation of the wetlands. Exhibit A-1 was the site plan colorized and previously submitted. Steve Schepis explained the property never had any formal approval to be used as a parking lot.  Kevin Robine said the property was covered with compacted gravel and was impervious. The applicant was looking to add 29 parking spaces with Belgium block curbing, lighting and landscaping. Currently the lot ILC is 87.2%. Under the new site plan 52.4% would be covered. Some of the parking area would be converted into landscaped area. Mr. Robine said there currently is no storm water management plan. A flush mounted curb would be installed on the southern side to handle the parking lot run off into the landscape area.  The lot would be safely lit and there was a landscape plan for the front of the property.

Steven Schepis added the parking lot was not allowed in the B zone but was allowed as an accessory use.  The applicant would be pulling back the gravel to the required 10 ft setback on the south side. The lot was not a perfect rectangle. Under this plan there would be a decrease in the amount of storm water run off. Mary Dietz understood they were reducing the run off but where was the run off going. Kevin Robine told the Board there was a large ditch for the water to run into. Arthur Max thought a stone parking lot produced less run off than a paved parking lot. Kevin Robine said it depended on how compacted the gravel was. He went on to explain the run off calculations submitted. Steven Schepis said the applicant would be removing the existing compacted area and replacing it with new soil for the landscaping. Mark Cohen asked the applicant to explain the lighting. Mr. Robine said the light illumination would be a 3ft candle at the intersection and 1 ft candle average overall. Chris Richter asked the applicant if they would consider placing additional trees on the southern part of the property. The applicant would add additional trees placed at 50 to 75 ft intervals. Arthur Max said he would rather have trees along the northern side rather than the railroad tracks. Chris Richter said it looked like gravel has been added over the years in the right of way for the railroad and should be cleaned up.  Steven Schepis said the applicant could not go on someone else’s property. Mr. Richter thought they could send a letter to Conrail offering to remove the gravel.  If the property owner said no that would be fine. William Albergo asked how many spaces needed to be removed to be with in the 10 ft setback on the west side. Kevin Robine thought they would loss two spaces.

The proposed site plan showed two phases, one for 23 spaces and another for 6 spaces. Mary Dietz asked if the applicant propose to come back for additional space. Steven Schepis said they were waiting on the DEP to determine how far they could go with the parking spaces and did not plan to come back to the Board.  They have a verbal commitment for 29 spaces but nothing was in writing from the NJDEP. Kevin Robine said it appears there would be no DEP permits required to do this work. Michael Sullivan said there would be a condition of the approval in the final resolution to meet the requirements of the DEP on wetlands as suggested by Mr. Ryden.

Mark Cohen asked what type of lamps would be used for lighting. The lamp would be a 20ft lamp on a concrete pedestal. Mary Dietz asked what the required number of spaces for the existing building was. Kevin Robine said 43 spaces were approved when the building was built. Mrs. Dietz asked why they needed 20 additional spaces for the building. Mr. Schepis explained, by state statute child care centers do not have a required number of parking spaces. There is 6000 sq ft of space in the child care center which needs spaces for drop off/pick up and for the staff. William Albergo asked how far the landscaping would extend on the westerly side. Kevin Robine said it would go all the way to the property line.

Marie Hadden, the Manager of Cardiology Consultants of North Morris PA, said her company occupied the entire second floor of 356 Rt. 46. They had 30 employees and 6 doctors. They were there until 8 pm at night, open 6 days a week and saw 50 and 90 patients per day. The 1st floor tenant was the day care center. Right now there is not enough parking for the facility. People park in front of the building, on the gravel lot and across Old Pear Tree Rd in the other lot that they share with the bagel shop. The gravel lot is not very safe for her co-workers or the patients. Mary Dietz asked what number of additional handicap spaces they would need with the new parking spaces. Steven Schepis said they were unsure but would add whatever handicap spaces were required. Arthur Max asked if there was a single owner of lots 1, 2, and 4.  Steven Schepis said the lots were owned by all different businesses. Joe Santoro was one of the owners for at least 2 of the properties.  Mr. Santoro is addressing the concern of his tenants by making more parking.  Chris Richer questioned why the applicant did not join the two parcels. The current owner wanted to keep the lots separate to keep his options open later. Mark Cohen asked about signage.  Steven Schepis said there was no signage planned for the lot. It was thought there should be signage pertain to overnight parking. The lighting should be one from by 7am to 9 pm. Pia Abate asked if there was a crosswalk; there is one.

Paul Ricci, the Planner, told the Board he had review the site plan and the Borough’s Master Plan. He presented Exhibit A-2 consisting of three sheets, sheet one was an aerial photo of the three properties, sheet 2 consisted of 4 photos of the gravel lot and the existing building, and sheet 3 was 4 photos of the railroad tracks, Old Pear Tree Rd, & the access to Rt. 46. Mark Cohen asked how long it would take to complete the work. Steven Schepis said it would be completed around October 1st. He then asked where the tenants would park while the work was being done. The applicants Attorney agreed that would need to be determined.  Paul Ricci continued, besides the use variance they needed variances for lot coverage and front setback. The property does not lend itself to commercial development since it is so far from the highway. Currently the area was unsafe for parking even thought there is gravel on the lot. Mr. Ricci read from the Master Plan, dated 1996, Chapter 3, Land Use, Future Non-Residential Land Use, The Route 46 Business Area. Mr. Ricci pointed out the suggestion in the Master Plan to consider the use of shared parking in the B zone.

Pia Abate asked about the parking on lot one. Michael Sullivan explained that condition was allowed in the 1998 resolution and ran with the property. If they were to change that condition in anyway the property owner would have to come back to the Planning Board since they granted the shared use. Arthur Max asked if Old Pear Tree Rd was a street on the tax map; it was. He asked if the applicant had talking to the town about creating a turn around at the end of Old Pear Tree to coordinate the lots. They had not.

There was no one present from the public.

Steven Schepis concluded their presentation. The Borough’s Master Plan encourages shared parking lots. The new lot would look like it was a continuation of the rest of the lots.  The property was suited for the use. The property was a tough spot for a business of any kind. Under state statute no parking was required for a day care center. And lastly Mr. Santoro was addressing the needs of his tenants. For all of these reasons he felt the variances should be granted.

Chris Richter said he understood the need for additional parking but want it done correctly. He felt the applicant should add 6 additional shade trees, make sure the lighting was in compliance with our ordinances, the gravel was removed and a lawn added on the Conrail site, if the applicant did not removed the gravel they would need to show proof that they asked permission and it was not granted, and a depressed curb be added along the west side of the property. Peter Bolo said he saw no point to the setback on the property and the 1.5 ft setback on the west side was fine. Mary Dietz wanted to make sure there would be a place for a turn around. One space should be stripped as a turn around under either phasing option. The handicap parking spaces required needed to be determined. A walkway should be installed from the second parking lot to the existing crosswalk. Mark Cohen added when the construction closed down the end of Old Pear Tree Rd the applicant needed to review with his tenant the alternate parking plans. Yield signs and/or a speed hump needed to be added and approved by Mr. Ryden. A preconstruction meeting will be required with Mr. Ryden. The applicant must secure the required DEP approvals. The lighting shall only be on between 6 am - 10 pm. A performance fees shall be required.

Peter Bolo made a motion to approve the application presented along with the conditions listed above. A second was provided by Mark Cohen. The application was approved 7 to 0 with Board members Richter, Bolo, Cohen, Dietz, Max, Abate and Albergo voting in favor.

 

MICHAEL VERZALENO                                270 Boulevard

Blk. 100, Lot 27                                     App. #12-612

Side, Rear and Height/Stories                             R-A zone

 

Michael Verzaleno, of 270 Boulevard, and Larry Korinda, a licensed Architect in state of New Jersey, presented the application. The applicant will be removing the original detached garage and replacing the current deck. They will be extending the driveway behind the house. They are in need of three variances; the side yard setback on east side is non-conforming at 13.6 ft. and will be staying at 13.6 ft., the rear lake setback will be non-conforming by a small amount and the height on the non-street side currently 40.9 ft/4 stories will become 42.7 ft/4 stories. Exhibit A-1 consisting of three photos and a small site plan was presented. Currently the water run off goes into the garage causing ice damming in the winter. The applicant added a trench drain but that did not help. The detached garage blocks the view of the lake and requires backing out of driveway up the hill. Exhibit A-2 was sheet V1, the basement/garage plans. The applicant will be adding an attached 3 car garage to the house. The corner of the new safer driveway and basement layout busts the lakefront setback by 2’ 8”.

Exhibit A-3 was the 1st floor plan. It showed the existing deck which is not very functional because it is 10 ft wide with a step down when you exit the house. The new deck will be the full length of the house with the stairs on both sides. Exhibit A-4 was the right side elevation and exhibit A-5 was the rear elevation.  Mr. Korinda said by removing the garage the side and rear setbacks are improved. The new area creates the ability to turn a car around so you can exit driveway safely. Also the new plans maintain the Hapgood box. Arthur Max asked, once they removed the garage what will be located in that space. Larry Korinda said some of driveway would replace it. Arthur Max confirmed the need for the height variance was due to the grade plan change. This was caused by the property dropping off down towards the water. There would be no change in the actual height of the existing house.

Kevin Robine, a licensed Engineer in the state of NJ, presented the calculations for the height of the home. After some discussion it was determined the street front height was 2 ˝ stories and the non-street front was 3 ˝ stories not 3 and 4 respectively. The side yard setback stays at 13.6 ft. The building height increase was determined by the property sloping to the back. To handle the storm water they will install 2 - 1000 gallon dry wells to pick up driveway run off. They have no visual evidence of the dry well that was required in the last resolution. If they find it they will use it and maybe even relocate it.  If it is not found they will put in two dry wells. Mary Dietz confirmed they were not changing the existing grade of the driveway.  Kevin Robine said they were not but all the run off will slope toward the driveway to keep water away from the new garage.

There was no one from the public present.

Mary Deitz thought the plan was a real improvement. Peter Bolo agreed. Chris Richter said he thought the rear elevation did not create a problem. Initially he was concerned with the second set of stairs but he can see they create a balance. Pia Abate thought she would be concerned with the view of the cars but she realized the house was far from the lake. Arthur Max was still concerned about the view of the garage doors from the beach.  Larry Korinda said the mahogany doors would blend well with the stone plus there is a landscape screening that already exists. Arthur Max asked if they were planning any additional landscaping along the back side of the driveway. Michael Verzaleno said they don’t have a plan now but will do something.

Mary Dietz made a motion to approve the application with the following three conditions; the applicants add additional landscaping, fulfill the conditions stated in Bill Ryden’s letter and remove of the arbor and gate installed along the property line. A second was provided by Peter Bolo. The application was approved 7 to 0 with Board members Richter, Bolo, Cohen, Dietz, Max, Abate and Albergo voting in favor.

 

Other Matters / Public Comment:

 

There were no members of the public present.

 

Mark Cohen made a motion to adjourn the meeting and Chris Richter provided the second. The meeting was adjourned at 10:55 pm. 

                                                                                                                                   

                                                                                                Respectfully submitted,

           

 

                                                                                                            Cynthia Shaw, Secretary