MINUTES OF A REGULAR MEETING

ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

January 5, 2006

Chair Jill Gotthelf called the meeting to order and read the Open Public Meeting Advertisement Notice: Notice of this meeting was given to the Citizen and the Daily Record, posted with the Borough Clerk and on the Bulletin Board and was made available to all those requesting individual notice and paying the required fee.

Jill Gotthelf and Arthur Max signed the Oath of Office forms to begin new terms.

ROLL CALL:

Present: Gotthelf, Richter, Kane, Moody, Sullivan, Rusak, Max

Absent: Sheasby, Bolo Also Present: Attorney Michael Sullivan

Chris Sullivan made the motion, seconded by David Kane and carried by voice vote to elect the following by acclamation: Jill Gotthelf was elected Chairman and Chris Richter was elected Vice-Chair. Jill Gotthelf made the motion, seconded Jim Moody, to approve the following: Michael Sullivan, of the firm Stickel, Koenig and Sullivan, was appointed Counsel for the Board. Margaret Jackson was appointed Administrative Officer/Secretary. The Citizen and the Daily Record were designated as papers of notice for the Board. The following dates were approved for regular meetings of the Board for 2006:

February 2 June 1 October 5

March 2 July 6 November 2

April 6 August 3 December 7

May 4 September 7 January 4, 2007

REVIEW OF MINUTES:

The minutes of the December 1 meeting were approved by voice vote.

MEMORIALIZING RESOLUTIONS:

JOHN HEIN & MIZAR TURDIU Appl. #05-468

Jim Moody made the motion of approval, seconded by David Kane and carried by 7-0 roll call of eligible voters.

SCOTT & ANDREA KIMMELMAN Appl. #05-470

David Kane made the motion of approval, seconded by Jim Moody and carried by 6-0 roll call of eligible voters.

PUBLIC HEARINGS:

Jill Gotthelf announced that no new applications would begin after 10:30. If any calculations are not verified, the application will not be considered but will be carried to the next meeting. Application material has to be on record 10 days prior to the hearing.

Carried from Dec. 1:

NICOLAI & ALEKS KOLDING 100 Hanover Rd.

Bl. 75 Lot 20 Appl.#05-464

Front, FAR, grade change, soil moving RA zone

The applicant chose to present this as a new application because there were substantial changes to the plan from the previous proposal. Nicolai Kolding was accompanied by Architect Seth Leeb. Kolding testified that their primary intent for the renovations was to identify the front of the house located on the corner of Hanover and Beechway Roads. Leeb described the change in plans in reaction to the Board’s suggestions and neighbor’s concerns. They propose construction of a front entrance and porch over a new two-car garage to be put under the house along Beechway Road. A front yard setback is required to keep the same alignment of 37.5 feet from the road. The floor area ratio would increase to add a breakfast area adjacent to the kitchen. 250 cubic yards of dirt will be removed from the property to cut for the garage excavation. The balance of the 318 yards cut will be used for regrading on the property. The proposed addition will conform to the height restrictions although portions of the existing house exceed the restriction. Leeb testified that the driveway will pitch runoff towards Beechway. They propose a berm along the side to prevent runoff to the neighboring property. The berm will meet zoning restrictions. Leeb testified that the basement does not count as floor area. The grading plan, revised 1/05/06 by Dykstra Walker, was marked as Exhibit A2. First floor to roof peak elevation will be 34 feet. Engineer Marc Walker was sworn in. He described his methodology to determine the height of each side and the average grade elevation. The berm along the driveway will also direct the drainage toward Beechway. The non-street sides will be 36.54’, increasing to 38.45’ where the addition will be constructed. The average grade will not be changed more than three feet. They modified the application to eliminate the elevation grade change but they will require a height variance for three sides. Leeb showed sheet A2, demonstrating the removal of the family room from the first floor to reduce the floor area request. They are seeking 19.35% (existing is 18.72.)

From the audience, Margaret Driscoll (adjacent property owner) commended the Koldings on the change to the plans, but expressed concern that the driveway would be pitched toward her property and create runoff. Walker responded that their proposal will direct drainage toward Beechway. Driscoll pointed out that the next lot (Borough owned) is very wet. Richter said that there is no restriction against directing water toward the street. They are increasing impervious coverage on the property less than 300 sq. feet and are trying to save two large trees, a 40” Oak and a 28” Maple. The proposed berm and swale will control the storm water and runoff will not impact the adjacent property. The proposed retaining walls will preserve two 11’ tall spruce trees and support the entrance to the garage. Chris Richter said he is comfortable with the way they have addressed that side of the property. Arthur Max asked for clarification about the flow of the water. Walker said that the Borough would inspect the property prior to approval. Walker confirmed that Beechway is one of many areas in the Borough without a storm drain. Board members agreed that they were pleased with the plan changes. Chris Richter made the motion to approve the FAR, front setback, soil moving and three height variances, seconded by David Kane and carried by 7-0 roll call vote.

BALWINDER BAJAJ 100 Pollard Rd.

Bl. 110, Lot 36 Appl. #05-469

Side, FAR RA zone

Attorney Alan Hantman and Architect Mehta represented the applicant. Hantman noted that the application is here only for preexisting conditions. The rear yard nonconformity will be eliminated, reduced from 22 to 28 feet. The existing left side will remain at 15.5’. The right side setback will conform. The floor area request is for 19%. Mehta described the changes to the previous proposal, moving one garage bay to the right side and reducing the height of the dormer to 5’ so it is not included in floor area. The colored site plan was marked as Exhibit A1, the front elevation and photograph were A2. On the left, the footprint will remain the same but the flat roof will be replaced by a sloped roof to match the other roofs on the structure. Mehta described the floor plan. All the existing fences will be removed. Chris Richter asked if Mehta had done height calculations; Mehta said no, because the height was not being changed. Richter asked if they could eliminate the curb on the left side to prevent that space from being converted to a garage. Mehta agreed. The Board thanked the applicant for responding to their concerns. Jim Moody made the motion to approve with the condition that the paving that is not part of the circular driveway and fences within the setbacks be removed. The motion was seconded by Art Max and carried by 7-0 roll call vote.

New applications:

WILLIAM & DENISE GOODBAR 25 Lake Dr.

Bl. 81, Lot 15 Appl. #05-471

Front, side RA zone

William Goodbar described the problems with the existing house and his proposals to renovate the house to accommodate their four sons. They are located 150 feet from the adjacent house. This proposal will improve the safety at the entrances and the street appeal from Oak Lane. Architect Seth Leeb presented a board of 7 photos of the house and neighborhood. He referred to sheet A2, showing the site plan and elevations. He pointed out that the Lake Drive School traffic overflows to Oak Lane so the horseshoe driveway will create a safer entry and egress. There were other small additions noted on the plan that do not require variances. This plan will maintain the integrity of the Hapgood style house. Exhibit A4 showed a future plan to widen the garage door on an existing one-car garage and add a small storage area.

From the audience, neighbor Mike Davies expressed support for the proposal. Chris Hadden of 15 Lake Drive, across the street, supported the application, noting that the entrance plan will be much safer. Jesse Silverman, 33 Oak Lane, said his house faces the Goodbar’s and he also supported the application. Chris Sullivan made the motion for approval, seconded by David Kane and carried by 7-0 roll call vote.

MICHAEL MCELDUFF 194 Intervale Rd.

Bl. 124, Lot 2 Appl. #05-472

Appeal/Interpretation RA zone

Michael and Patricia McElduff appeared. Attorney Sullivan explained that this is an appeal in disagreement with the decision of the Zoning Officer. McElduff said that Dan Hagberg and Gary Webb suggested that they come to the Board to get a better understanding of how this process works. They are on a budget for this project and they resist spending additional money for the topographical survey. Attorney Sullivan read Dan Hagberg’s letter noting that the ordinance does not have exceptions. Chris Richter said that the ordinance does not require the topographic survey but it requires determination of height. Patricia testified that they are not changing the grade and they are well within all bulk requirements. McElduff said they had inquired with a few engineers and a topo survey would cost $2000. Chris Richter said that the drawings submitted address the height issue although it is not measured at 6 foot intervals. Richter said we can inform the zoning officer that height is not an issue on this application. David Kane said that there should be an application of reasonableness. Board members discussed how to direct their concern to the Engineer and Zoning Officer. For purposes of complying with the building height requirement for this application, a topographic survey is not required. Chris Richter suggested that we grant a waiver for this application. There should be a post-construction inspection to confirm that the drainage is adequate and will not impact adjacent properties. Richter addressed Ryden’s letter: #1 - grading does not appear to be an issue; #2 - waive to post-construction, #3 the 1990 survey depicts the site, #4 will be provided, we should not waive that item; #5 documentation is adequate, #6 soil removal information will be determined and submitted to the construction department.

In summary, we are granting a waiver for the requirement to submit a topo survey. Post construction inspection will be required. The requirements for items 4 & 6 will be addressed.

Chris Richter made the motion to waive the requirement for a topographic survey with the condition that a post construction inspection confirms that the drainage is adequate. The motion was seconded by David Kane and carried by a voice vote.

Attorney Sullivan said the overall issue should be addressed by the Ordinance Committee or the Borough, not this Board.

Other Matters:

Jim Moody made the motion, seconded by Chris Sullivan to approve the 2005 Annual Report, carried by 7-0 voice vote.

The meeting was adjourned at 9:40 p.m.

Respectfully submitted,

Mage Jackson, Secretary