MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

September 4, 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, Richter, Kane, Moody, Sheasby, Rusak, Dietz             Absent:  Max, Cohen

Also Present:  Attorney Michael Sullivan                   Council Liaison – Doug McWilliams

REVIEW OF MINUTES:  The minutes of the July 17 meeting were approved by voice vote.

MEMORIALIZING RESOLUTIONS: 

MARK & WENDY BENNETT                              Appl. #08-540

David Kane made the motion to adopt the resolution of approval, seconded by Mary Dietz and carried by 4-0 roll call of eligible voters.

MR. & MRS. ROBERT PURNELL                        Appl. #08-541

David Kane made the motion to adopt the resolution of approval, seconded by Mary Dietz and carried by 4-0 roll call of eligible voters.

             ROBERT C. & MARY ELLEN WAGGONER       Appl. #08-542

David Kane made the motion to adopt the resolution of the Board’s interpretation, seconded by Mary Dietz and carried by 4-0 roll call of eligible voters.

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

Carried from July 17:

DAVID & NOREEN O’BRIEN                57 Briarcliff Rd.

Bl. 78 Lot 35                                              Appl.#08-535

ILC, front & side                                        RA zone

Architect for the applicants, Richard Nelson, said they would not rely on previous testimony so that all Board members were eligible to hear and vote on this proposal.   Nelson described the property and existing conditions.

Exhibit A1 was a colored version of the survey submitted with the application.  Nelson said they would remove some driveway, a Bilco door and an existing shed to bring the  coverage request to 29.04%  The roofline modification triggers a frontyard setback even though the existing setback is not being exacerbated.

The proposed garage will be tucked under the porch.  The easterly sideyard appearance will be improved by removing the shed and Bilco door.  Plan sheet A2 is the proposed first floor plan, showing the one story structure at the basement level.

When asked why the steps from the deck were located at that position, Nelson said this plan was driven by the garage window placement.  Sheet A5 (Exhibit A2) was the proposed colored front elevation. 

Mary Dietz noted that the drawing of the A/C pads were larger by scale than the 12 square feet noted on the ILC calculation.  Attorney Sullivan said that the resolution could state the maximum ILC approved.  Nelson said that 2’ x 3’ pads are larger than usual.   Dietz also noted that the basement door opening still existed on sheet A1.

There were no comments from the public.

Bob Sheasby asked whether the third floor overhang is oversized.  Nelson said that three feet is a typical Laker overhang and he will check to see if the sketch is accurate.   Peter Bolo confirmed that the applicant will install a drywell to remediate additional coverage, resulting in a net reduction in runoff.  It will be designed to handle a 25-year storm and will be positioned by a licensed professional engineer. 

The motion to approve the plan as submitted, with conditions stated, was made by David Kane, seconded by Jim Moody and carried by 6–0–1 roll call vote (Richter abstained.)  The applicant and architect were thanked for their patience and effort to respond to Board requests.

New application:

DENIS & BETTE O’SULLIVAN 7 Sunset Rd.

Bl. 31 Lot 1                                                Appl.#08-543 

FAR & ILC                                               RAA zone

Denis O’Sullivan was accompanied by builder Ted Peters.  Exhibits A1–6 were photos of the existing front entrance area to show the deteriorating condition of the railroad tie steps and landing.  The proposed design was prepared by Architect Harry Russell.  The front entrance modification will provide an enclosed entry.  Peters noted that the FAR exceeds the 13% limit because of the pre-existing oversized garage area.  Dietz thought that this plan could be accomplished without increasing the floor area by starting 7” down from the finished floor with the covered porch.  It is disturbing that the existing FAR is exceeded on such a large lot.  Richter pointed out that the house was built prior to the FAR revisions; the ordinance change created the nonconformity.

Richter asked if there were any areas on the site where impervious coverage could be reduced.  Peters and O’Sullivan offered to remove the 6’x12’ shed and some walkway leading to the shed so that the coverage does not exceed the existing 24.73 percentage. 

Mary Dietz asked if this plan could be achieved without increasing the FAR.  Richter said the enclosed entry is not an unreasonable request.  Kane asked to see more detailed plans.  Board members speculated whether the walk and entrance to the kitchen door were included in coverage calculations because they are not shown on all the drawings.  Peters testified that those areas were included in ILC.  Chris Richter said that it looks like the numbers are correct.

Peter Bolo said he visited the property and agrees that the front vestibule is a necessary improvement.  Neighbors are located at a distance so he thinks the impact would be minimal.

There was no public comment.

Chris Richter requested that, if Harry Russell is going to continue to do work in town, he should prepare plans on a computer because these drawings are difficult to decipher.

Chris Richter made the motion to approve the application, subject to removal of approximately 220 square feet, including the shed and walkways.  Jim Moody seconded the motion.  The motion with conditions was approved by 6-1 roll call vote (Kane denied.)

Carried from Dec. 6, 2007 to September 4, 2008:

REINO TRUUMEES                                 137 Lookout Rd.

Bl. 42 Lot 9                                                Appl.# 07-526

ILC, side, soil moving permit                       RAA zone

Ms. Jackson said that Truumees’ attorney told her he was withdrawing the application but she had not received confirmation of that action.  Attorney Sullivan recommended that the Truumees application should be dismissed without prejudice.  The motion for that action was made by Jim Moody, seconded by Chris Richter and approved by voice vote.

Other Matters / Public Comment:

The public was reminded of the five minute limit to any individual’s comments.  There were no comments. 

Chair Bolo noted that Doug McWilliams was the new Council liaison and the Board appreciates his presence. 

David Kane asked if there is a requirement for the Board to meet if there are only two applications on the agenda.  Attorney Sullivan said we are required to meet monthly.  Mary Dietz pointed out that we should meet out of consideration for the applicants.

The meeting was adjourned at 8:35 p.m.

                                                                                            Respectfully submitted,

                                                                                    Marge Jackson, Secretary