MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES
October 4, 2007
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 posting written notice of the time, date, location and agenda of the meeting on the bulletin board in the Borough Hall and by transmitting such notice by fax to The Citizen and The Daily Record and by filing same with the Borough Clerk on September 24, 2007 and was made available to all those requesting individual notice and paying the required fee.
ROLL CALL:
Present: Bolo, Richter, Cohen, Kane, Sheasby, Sullivan, Rusak, Max
Absent: Moody
Also Present: Attorney Michael Sullivan Council Liaison – none
REVIEW OF MINUTES: The minutes of the September 6 meeting were approved by voice vote.
MEMORIALIZING RESOLUTIONS:
PAUL & PHYLLIS DEERING Appl. #07-519
Bob Sheasby made the motion to adopt the resolution of approval, seconded by Chris Sullivan and carried by 4 - 0 roll call of eligible voters.
SALLY HARRISON Appl. #07-523
Chris Sullivan made the motion to adopt the resolution of approval, seconded by Bob Sheasby and carried by 6 - 0 roll call of eligible voters.
PUBLIC HEARINGS: All applicants and witnesses were sworn in by Chairman Bolo.
TIMOTHY & NICOLE WRIGHT 52 Crane Road
Bl. 21, Lot 11 Appl. #07-524
ILC, side RA zone
Nicole Wright distributed revised plans (Exhibit A1) with the correct scale (1/9 was wrong, 1/20 is correct.) Donald Covart, landscape architect from Fox Hollow Landscape and Design, was sworn in.
Wright referred to the photo in the package; this application proposes removing an existing wooden deck and replacing it with a bluestone patio. They request a variance for ILC of 30.3% (29.3% exists). They are trying to control the coverage by reducing the width of the walkway and eliminating pavers in front of the garage (Exhibit A2 photo). They are also seeking a sideyard setback variance of 14 feet for the patio; a 1 foot nonconformity exists to the house on that side. They have shown their plans to the neighbors and they approve. The proposed stone terrace will be at grade level.
David Kane asked if they could possibly keep the ILC at the current level of 29.3%. Nicole said they have worked very hard to reduce the coverage; she said this plan would result in a very narrow driveway. Chris Richter measured and estimated that the patio would extend 25’ back from the house and 18’ from the planter bed. Sheasby asked if there were some way to redesign the patio. Wright said that they thought this size would be comfortable. Arthur Max asked for a design that would not infringe so close to the sideyard setback. Nicole pointed out the photo in the application shows that there is dense vegetation between the proposed patio and the neighbor’s house. This patio at grade level would be less visible to the neighbors than the existing deck. Pat Rusak suggested moving the garden to the other side of the patio to gain an extra few feet of patio space. Wright agreed that they could make that modification. Chris Richter asked if they could maintain the existing nonconformity of the house (17’) to the patio setback. Richter also asked if they could eliminate more flagstone in front of the entrance (reduce 173 sq.’) to maintain the existing 29.3% coverage. The Wrights agreed to do that.
There was no public comment.
The Board noticed a discrepancy between the application and the site plan. They requested corrections on the plan to reflect FAR of 22.7%. Mark Cohen asked for submission of a revised plan that reflects the modifications. Attorney Sullivan said the Board has given the applicant latitude to reduce their request. Chris Richter moved to approve the application subject to conditions: sideyard setback no less than 17 feet, ILC maintained at 29.3%, and revised plans to illustrate where the coverage will be reduced. Mark Cohen seconded the motion approved by 7-0 roll call vote.
ALOHA FOREVER BRIGHT KIDS, INC. 100 Route 46E
Block 4, Lot 17.02 Appl.# 07-525
Interpretation, Use variance if applicable B (business) zone
Lawrence Calli introduced himself as attorney for the applicant of the organization Aloha Forever Bright Kids. Attorney Sullivan clarified that the application initially wants to determine whether this is a permitted use in the B zone. Calli described that the applicant is the prospective lessee of one unit on this property. The applicant proposes operating an enrichment program, a cognitive learning center. When Anthony Martinelli, applicant and director of the proposed operation, consulted with the Borough Zoning Officer, it was suggested that he come before this Board to determine whether this is a permitted use in this zone. Section 245-11…among those uses permitted are retail businesses or service and child care centers. In this regard, the Ordinance defines “retail business” as “an establishment engaged in selling goods or services to the general public for personal or household use or consumption.” Attorney Calli proposed that this is a retail establishment.
Anthony Martinelli described his affiliation: Aloha is an after school enrichment program for children ages 5 through 12; it teaches children how to visualize using an abacus and related tools, resulting in the children being able to multiply four digit numbers, eventually doing that without the abacus. He believes there are seven franchises in New Jersey and one outside the state. Arthur Max asked if there was case law or experience of the other franchises receiving this approval. Calli said he is not aware of any other cases. There will be a monthly fee for the instruction, they expect to attract 12 students initially. Chris Richter asked whether there were site plan issues, such as parking. Martinelli said the program would operate from 6 to 8 p.m. The only other tenant Martinelli could identify with night time activity would be Re-Max Realtor. Arthur Max said he considers this a school. Calli said that schools require heavy licensing, but no licensing is required for this activity. Mike Sullivan read the definition of ‘Retail Business’. The applicant argued that this falls within the Retail Service and Business category, which is permitted in this zone. Sullivan referred to Section 245-A5 which requires one parking space per 175 square feet of total floor area. Martinelli testified that the rental space is 1800 square feet. Richter asked what would stop this from evolving into a totally different age group. Attorney Sullivan said the proposal and limitations could be listed in the approval. Martinelli agreed that there were no other sales involved; books and services are covered by the fees.
Pat Rusak agreed that it is a retail service. She doesn’t think parking would be a problem.
Bob Sheasby agreed that it is a retail service and a benefit. Cohen, Kane and Sullivan also agreed. Richter – it is an appropriate use for that area.
Mark Cohen moved to accept the application for interpretation as a retail service, seconded by David Kane and carried by 7-0 roll call vote.
Other Matters / Public Comment:
The public was reminded of the 5 minute limit to any individual’s comments. There were none.
In response to Council’s inquiry regarding the Ordinance Committee: David Kane does not want to serve. Chris Richter will serve. Arthur Max is considering service.
Marge Jackson said that she had not received any new applications for the November 1 meeting. If no applications are filed by the October 11 deadline, the November meeting could be cancelled.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Marge Jackson, Secretary