MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

April 3, 2008

 

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 adoption of the annual notice on January 3, 2008.  Said resolution was mailed to The Citizen and The Daily Record, filed with the Borough Clerk and posted on the bulletin board in the Borough Hall on January 7, 2008 and made available to all those requesting individual notice and paying the required fee.  

 

ROLL CALL:

Present:  Bolo, Cohen, Kane, Moody, Sheasby, Rusak, Max, Dietz              Absent:  Richter

Also Present:  Attorney Michael Sullivan

Council Liaison – none

 

REVIEW OF MINUTES:  The minutes of the March 6 meeting were approved by voice vote.

 

MEMORIALIZING RESOLUTIONSnone    

 

PUBLIC HEARINGS:  All individuals testifying were sworn in by Chair Bolo

        New applications:

MARGO & KEVIN GILLESPIE       114 Intervale Rd.

Bl. 129.03 Lot 4                                 Appl.#08-531

Sideyard                                             RA zone

Margo & Kevin Gillespie described their application.  They are in the process of adding central air conditioning to their house.  The condenser, to be installed on pads, would be 17  feet from their property line.  The rear of their house backs onto Midvale Park.  They plan to renovate the brick patio at the rear of their house and would not want to have to change those plans.  They have an email from their adjacent neighbors, voicing approval of this proposed location.  The Gillespies offered Exhibits A1–A10, photos of their property and the view from their neighbor’s property.  Kevin testified that the neighbors’ garage and a large tree would block the neighbors’ view of the condenser.  In response to questions of why they couldn’t locate the condenser in the rear of the house, Kevin said they plan to remove the deck and renovate the patio.  They enjoy using the rear yard.  The contractor recommended the side yard location so the pipes would have easier access to the second floor of the house. 

Mary Dietz asked them to show the exact proposed location of the pad and condenser.  Kevin indicated it on the survey, entered as Exhibit A11.  The pad dimensions would be 47 1/2” x 40”.  Gillespie agreed to install evergreen plantings to screen the units and buffer the noise.

No board or public comments were heard.

Jim Moody moved to approve the variance with the condition that evergreen shrubbery be installed on all three sides of the unit.  Mary Dietz noted that evergreens do not screen acoustically, they just provide visual screening.  Dietz did not think this is a hardship, the units could be placed at the rear of the house.  Moody said it could be considered a hardship because the installer recommended this location.  Sheasby noted that, if the neighbors do not have a/c and open their windows, it could be a hardship for the neighbor.  On the bare fact of a variance, he would vote against it.

Mark Cohen noted that the neighbor is 70 feet from this home, making it more acceptable.  Sheasby asked if there is sound abatement material that could be used.  Kane said he would approve based on the distance and the sound; he wants the 17’ 8” variance to be limited to the condenser pads.  Arthur Max agreed that there is no hardship; the condenser could be placed in the rear.  Rusak and Bolo agreed that there is no problem with granting the variance.

Max asked that the resolution reference survey in Exhibit A11 and dense evergreen shrubs or boxwoods should be installed on all three sides.  The motion was seconded by Mark Cohen and approved by 7-0 roll call vote.

 

KEN & DIANE STEPHENS             122 Ball Rd.

Bl. 103 Lot 77                                                Appl.#08-532

FAR, ILC, side                                   RA zone

Diane Stephens was accompanied by architect Larry Korinda, who described the left side variance request of 19.4’ as no additional encroachment.  The proposed FAR is 24.9%, increasing 1.24%  or 158 square feet.  The ILC would decrease from 35% to 29.9%.  Korinda referred to the site plan noting the driveway areas to be eliminated to reduce the coverage.  Korinda showed a photo board of aerial views (Exhibit A1) to show the proposed additions and the neighboring structure.  He pointed out the heavy buffering between the Stephens and neighboring houses, to show that the impact of the additions would be minimal to the neighborhood.  The existing floor plans was Exhibit A2.  Korinda described how the proposed additions would increase the functionality of the floor plan.  The additions would be in the rear of the house and not impact the neighborhood. or the streetscape.  On the second floor, they would remove a projecting closet in the rear of the house.  The half-story attic is included in floor area.  Korinda described the modest addition as minimally increasing the mass. 

The motivation for the renovations is to move the bathroom entrance away from the dining room and to provide a mud room for rear entrance to the house.

Dietz noted that the paving would be removed at the bottom of the stairs.  Korinda said there would be some paving to access the driveway from the stairs.  Korinda pointed out the areas where 713 square feet of paving would be removed.

Bob Sheasby noted that the survey was dated 1999 and asked if there were a more recent survey.  Diane Stephens testified that the 1999 survey is accurate, there have not been changes.  Korinda also testified that the survey was accurate.

Board comments:  Moody commended the applicant and Korinda on the presentation, noting that the floor plan would bring the house into the 21st century.  He approves the request.  Kane – would probably oppose if it weren’t for the reduction in coverage.  Rusak – the lot configuration is a hardship and she would approve.  Dietz – the house is large for the site, but this is carefully considered and does not impact the massing from the front.

Jim Moody moved to approve the variances, seconded by David Kane, and carried by 7-0 roll call vote.

 

KATHERINE KEITH & JOHN KEITH        41 N. Pocono Rd.

Bl. 23 Lot 61                                      Appl.#08-533

ILC, front & 2 sideyard                       RA zone

John Keith, accompanied by Architect Larry Korinda, said that he would be offering testimony for his daughter Katherine.  The property has been vacant for a year; they are hoping to improve it but do not plan a McMansion.  They would create a structure that would blend with the neighborhood.

Korinda testified that the roof would be removed and a partial second story constructed.  They hope to retain the perimeter walls and replace the windows.  Korinda said that they are not proposing any footprint changes.  Mary Dietz agreed that the perimeter walls should be adequate to support a second floor.  Korinda described the three variances; the front and side setbacks would remain the same as the existing nonconformities.  ILC would be reduced from 41.3% to 39.7%.  The garage is in the rear of the house, requiring a substantial amount of driveway for access.  A turn around area is required because Pocono Road is busy.  The FAR would stay under the 17% limit. 

A six photo board was marked as Exhibit A1.  It showed substantial two-story homes on either side of this structure.  A2 was a four-photo aerial view to show that view corridors would not be imposed on either side by adding a second story.

Korinda described why he needed a turnaround to access the garage in the rear of the house.  He testified that 30’ feet would be minimal to maneuver a car into the garage.  It is important to be able to egress the driveway in forward because Pocono is busy.  Dietz asked if there weren’t any driveway area that could be trimmed to reduce the coverage.  Korinda conferred with Keith and agreed to remove an eight foot triangle to reduce the coverage by 32’.

David Kane asked, if they were not to use the foundation, could they still build a 2000 square foot house.  Korinda – yes, but it would be more difficult and would still require variances.  It would be a more narrow, resembling a townhouse.  The second floor of this proposal is less substantial than the neighbors’.  Korinda said that the depth of the second floor is 22 feet, much less than that of the neighboring houses.

Keith testified that he would remove the dead and damaged trees and any others that impede the site line from Pocono Road.

Board comments:  Sheasby – this is a good solution, despite the high numbers.  The driveway is a hardship so he would favor approval.  Dietz – if you were to lay out turning radiuses, I think you could eliminate more paving.  Kane asked if there were any plan to modify the brick patio in the rear.  Korinda said they did not plan to change it; there is a 4x4 fireplace in the center and they feel this is preferable to a deck

Pat Rusak asked that the ILC be reduced and that the plan be revised to indicate the reduction.  Peter Bolo said he feels that there is benefit to the public good.

Jim Moody made the motion for approval with the condition that 32 feet of driveway is removed; motion seconded by Mark Cohen and approved by 5-2 roll call vote.

 

Carried from Dec. 6 to May 1, 2008:

REINO TRUUMEES                           137 Lookout Rd.

Bl. 42 Lot 9                                          Appl.# 07-526

ILC, side, soil moving permit                 RAA zone 

 

     Carried from March 6 – (withdrawn by applicant):

  NIGEL & MARGARET SMITH        10 Hillcrest Rd.

  Bl. 96, Lot 24.02                                Appl.#08-529

  Front, ILC                                          RA zone

The Board accepted withdrawal of the application.

 

Other Matters / Public Comment:

The public was reminded of the five minute limit to any individual’s comments.  There were none.

The meeting was adjourned at 8:55 p.m.

 

                                                                                                        Respectfully submitted,

           

           

             

                                                                                                Marge Jackson, Secretary