MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES
November 6, 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, Cohen, Moody, Sheasby, Rusak, Max, Dietz Absent: Kane
Also Present: Attorney Michael Sullivan Council Liaison – Doug McWilliams
REVIEW OF MINUTES: The minutes of the October 2 meeting were approved by voice vote.
MEMORIALIZING RESOLUTIONS:
SCOTT & AMY DAGES Appl. #08-544
Mark Cohen made the motion to adopt the resolution of approval, seconded by Bob Sheasby and carried by 5-0 roll call of eligible voters.
PUBLIC HEARINGS: All individuals testifying were sworn in by Chair Bolo.
Carried from October 2:
DAVE & LYNN ALBERTS 98 Crestview Rd.
Bl. 42 Lot 25 Appl. #08-545
Front, side RAA zone
Architect Larry Korinda presented the revised application, describing the house as an original Belhall Tudor built in 1930. Mr. Moody & Mr. Richter were absent from the previous hearing but they have certified that they listened to the recording so they are eligible to vote on this and the Seijas hearing. Mr. Alberts testified that they have revised the request based on the comments from the previous hearing. This property backs up to the Tourne Park and is located at the elbow of Crestview Road. The house was built to the left and front of the lot. We have revised the plan so that the request does not extend farther to the left than the existing garage. Korinda stated that they revised the application, reduced the garage by 56 square feet. The existing garage is inadequate at 18’ x 18’; the revised length and width will be 20’ 8”. A shed will be constructed behind the garage to provide storage for bicycles, equipment, etc. The existing left side is set back 20.1 feet and will not be exacerbated. The front setback to the entry will remain at 34.5 feet. The garage is set back 36.17’. Exhibit A9 was a colored rendering of the revised site plan. The distance between the proposed garage and the neighboring house is 86 feet. A11 was the revised 2nd floor plan to show the proposed family room addition over the garage. A12 was the front elevation of the revised proposal. Korinda noted that they plan to be consistent with the materials on the exterior of the house, maintaining the Belhall architectural style. A13 was the left elevation; A14, the rear.
Board comments: Chris Richter asked if the 3rd story roof line impacts the floor area. Korinda testified that there is no living space under the roof extension.
Public questions: Bruno Vandame, 111 Lookout Road, asked where the new construction wall would be placed. Korinda said it would be the same as the existing wall. Vandame asked if they looked at alternatives for a garage. Korinda answered that this is the most practical location.
Public comments: From the public: Bruno Vandame said he is an architect registered New York and New Jersey; he reintroduced Exhibit V1, 9 photos of adjacent properties. Vandame contended that the garage could have been pushed into the house, causing redesign of the powder room and stairs. He reiterated that the garage could have been relocated elsewhere on the property and this area could be used for a playroom and the side setback could be put back at 25 feet.
Board comments: Jim Moody asked Vandame to describe the location of his house and
Pat Rusak noted that she is the archivist for Mountain Lakes and she shared a photo of the Alberts house from 1920 (Exhibit B1). Rusak supported this proposal because it continues the original look.
Mark Cohen asked Vandame: did this 20 foot setback exist when you moved into this house and is your only issue the trees? Vandame said yes. Korinda noted that the trees are actually over the property line. Korinda said he is not concerned that the construction will impact the trees. Albert testified that the branches are no where near the garage, probably 15 feet away.
From the public: Wendy Vandame said that the last time the Alberts did work on their property, the Alberts did damage do one of her trees. We do not see why this should happen again. Alberts responded that there was a dead tree on their own property and they bore the cost of removing it. Chris Richter said that we have a tree protection ordinance in place and he recommended that protection be provided at the drip line.
Richter asked Korinda if he is comfortable that there is enough turn around area in front of the garage. Alberts said they would probably continue to back out onto the street.
Jim Moody complimented the Board for their previous comments and he believes this proposal is far more acceptable. He supports this proposal.
Jim Moody moved to accept with the condition that the tree protection measures be enforced. Pat Rusak seconded. Approved 7 – 0.
Board members took a two minute break.
JAMES & DONNA SEIJAS 61 Bellvale Rd.
Bl. 84 Lot 29 Appl. #08-546
FAR, side RA zone
Donna & James Seijas were accompanied by architect Larry Korinda.
Korinda testified that they made significant changes to reflect the Board’s concern. They have opted to rebuild the existing nonconforming garage to the same dimensions and height. They have also reduced the proposed house additions by 124 square feet. Three of the four variances sought are existing nonconformities: side & rear for the garage. ILC proposed is 27.8%, a 6% reduction from existing conditions. The proposed FAR is 19.77%.
Exhibit A10 was a board with the existing and proposed site plan. Korinda pointed out that the existing driveway is at an intersection. They propose moving the driveway to the other side of the lot to remove it from the intersection and to have it tie more directly with the mudroom and garage. It also removes the driveway from the rear of the property, enabling that area to be used as a yard. They propose restoring the original Hapgood style porch at the front of the house. Exhibit A11 was an aerial photo of the neighborhood with four detached garages highlighted. Korinda pointed out that there is a substantial buffer between the properties that would reduce the impact of the driveway and addition. A12 showed photos of the existing garage and driveway. Korinda noted that when the neighbors to the rear (Tripucka) look out from their patio, all they see now is the large driveway.
A13 showed sketches of the proposed garage. Korinda noted that further investigation showed that there was a foundation which could be maintained, so there is no danger of disturbing existing trees. The existing garage attic space will be recreated. The only significant change is the location of the garage doors to access the new driveway.
A14 showed the revised floor plan to indicate that the floor area request would be reduced. The side setback would be 3.3’ beyond the 25’ ordinance requirement.
Exhibit A15 was the floor plan of the 2nd floor, A16 the third floor plan under the existing roof line. The area has been included in the FAR. A17 showed the proposed front and right elevations. They plan shingles on the second & third stories, stucco on the first floor, matching the original house style.
A18, rear elevation, showed that removal of the attached garage reduces the width of the proposed house by 20 feet.
The existing FAR is 15.17% (includes house, 3rd floor & garage attic.) Proposed FAR is 19.77%. If the 3rd floor were not included, FAR would be 16%. That could be achieved by reducing the roof but that would compromise the Hapgood style. This is comparable in square footage to the neighboring Marshall/Mazzora house. The Tripucka house is significantly larger than this proposal. To summarize, the nonconforming setbacks of the garage are pre-existing. The proposal reduces the ILC by 6%, offsetting the FAR. The FAR is impacted by the garage attic and the 3rd floor. Any negative impacts are overridden by the reduction of ILC, relocation of the driveway and restoration of the rear lawn.
A19 was a topographic survey of the existing conditions of the property. Korinda said the driveway would ride with the topo of the property. You would have to excavate approximately 5 feet to put a garage under the house. Richter expressed his concern about whether the driveway would create runoff to the Marshall’s property. Korinda said that curbing would alleviate the problem. Richter said that, in the future, we want to see the site plan on a topo. Korinda measured that the garage would be approximately 18’ high from the slab. They have also not added a turn-around area to the driveway.
Jim Moody asked if there was a shield between the garage and the neighbors. Seijas said no but there would be landscaping. Seijas said she is willing to drop the roof to eliminate any floor area. That would reduce the FAR on the property to 18.48%. She agreed to replace the hardwood tree with another in that location.
Bob Sheasby applauded them for reacting to the neighbor’s and Board’s concerns. Even though this plan uses more impervious coverage, he approves this plan. Even though the third floor exacerbates the floor area, it is existing space.
Chris Richter asked Korinda how many new houses he has designed in town. Korinda said approximately 20 but none have had detached garages. Richter asked, if a new owner buys this house, where could they construct an attached garage?
Mary Dietz asked whether they had considered any detention basins for water runoff. Korinda said they would be willing to study and provide for it by either grading or curbing.
Public comments: Jeff Marshall, 55 Bellvale Road, asked about the alternative locations considered. Korinda reviewed the alternatives and explained why each was not suitable. He asked how many trees would be impacted; Korinda said only the one tree, but it would be replaced near the common property line. The terrace will be within the building envelope. Marshall asked about the 3rd floor; the total space is not increasing.
Arthur Max asked to what purpose the additional space on the first & second floors would be used. Seijas said the house has never been improved, it does not have a family room, powder room or mud room; the kitchen does not seat a family. The existing master bedroom does not have closets. We propose two baths on the second floor.
Korinda said a conforming plan allowed for no mudroom and very small closets and baths. Korinda said that adding enough space on the first and second floors to eliminate the 3rd floor calculation did not seem like a reasonable plan.
Jim Moody made the motion to approve with conditions: eliminate garage floor area to reduce total FAR to 18.48%, add a shade tree and landscaping to the rear and present a plan to control runoff.
Marshall commented: they chose their property for the location, proximity to the school, FAR is 500 square feet over the limit, coverage is over. He feels the driveway location is more dangerous than existing. Relocating the garage moves driveway activity closer to our home. There is no need to build outside the setbacks, it is only beneficial to you, not to the neighborhood.
Bob Sheasby seconded the motion, subject to the conditions stated, approved by 5-2 roll call vote (Richter, Cohen denied.)
New application:
STUART & JUDITH KRISTIANSEN 84 Crane Rd.
Bl. 6, Lot 6 Appl. #08-547
Side RA zone
Architect Seth Leeb accompanied the applicants and described the proposal. The exhibits were colorized versions of those submitted with the application. The existing Cape Cod style house is near the corner of Crane Road & Route 46. The house foot print will remain, a front porch added and the house will be extended back. The reason the side setback is reduced is because the house is located at an angle to the property line. A1 was the Dykstra Walker plan, A2, floor plans of the proposal. The ILC and FAR will conform. A3 (previous V-2 dated 10-17) showed elevations of the proposed house.
Chris Richter asked whether the garage side of the house was greater than 3 ½ stories. Ordinance 38-05 was reviewed and there was speculation that the 39’ height on the subject side is higher than allowed.
It was suggested that the applicant renotice and return at the next meeting on December 4. It was not clear whether they would need a height or a story variance.
Chris Richter made the motion to carry the application, seconded by Arthur Max and approved by voice vote.
Other Matters / Public Comment:
The public was reminded of the five minute limit to any individual’s comments.
There was no comment.
Chris Richter reported that the Joint Ordinance Committee has met. He sought clarification for:
Definition of Floor Area - Peter Bolo said he was concerned about screened porches, should we limit the number of screened porches on a house, how much of the walls may be enclosed.
Calculation of building height – Richter thought that stemmed from a letter sent by Marc Walker. Bob Sheasby referred to a house at 49 Briarcliff Road. Board members asked for clarification of the ordinance.
Richter said they discussed creating a minimum sideyard setback for driveways. They also discussed exceptions for pillars so they would not require variance approval.
Arthur Max suggested that the FAR ordinances include a volume factor.
Richter and Bolo agreed that the FAR restrictions were modified to prevent excessive tear-downs.
The Committee will reconvene, create a draft and present it to the Board.
Chair Bolo read the Resolution of Appreciation presented to Jim Moody and thanked Jim for his service.
Jim commented that it has been a privilege to serve. He noted that most improvements have been positive. He stressed that this Board is here to grant variances, not to enforce the ordinances. The real challenge is to consider that owners are trying to bring their houses into the 21st Century. He thinks sometimes the purpose is lost, reminding the Board that they are here to consider and grant variances.
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Marge Jackson, Secretary