MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES
February 5, 2009
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 8, 2009. 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 12, 2009 and made available to all those requesting individual notice and paying the required fee.
ROLL CALL:
Present: Bolo, Richter, Kane, Rusak, Max, Abate Absent: Dietz, Cohen, Sheasby
Also Present: Attorney Michael Sullivan and Council Liaison Doug McWilliams
Chair Bolo welcomed newly appointed 2nd Alternate Pia Abate, who signed the oath of office.
REVIEW OF MINUTES: The minutes of the January 8 meeting were approved by voice vote.
MEMORIALIZING RESOLUTIONS:
STUART & JUDITH KRISTIANSEN Appl. #08-547
David Kane made the motion to adopt the resolution of approval, seconded by Arthur Max and approved by 5-0 roll call of eligible voters.
CHRISTINE KEBAKIS Appl. #09-548
Chris Richter made the motion to adopt the resolution of approval, seconded by David Kane and approved by 4 -0 roll call of eligible voters.
PUBLIC HEARINGS: All applicants and professionals were sworn in by Chair Bolo.
CHERYL MARIER 37 Howell Road
Bl. 94, Lot 35 Appl. #09-550
ILC RA zone
The applicant was accompanied by architect Marjorie Roller. Roller presented sheet z-1, part of the application package. Mrs. Marier would like to add a sun porch to her house. Because the detached garage is set back 185 feet from the front property line, the ILC is currently at 30.4%; they propose removing various paved areas and the resulting ILC would be 29.3%, reducing the coverage of the property. Even though the ILC is reduced, a variance is required because the coverage will still exceed the 25% limit in this zone. Roller said they could not eliminate any more coverage because of the configuration of the property.
Roller introduced Exhibits A1 & A2, photographs of the property, noting that the second story of the garage was included in FAR.
David Kane asked why they would not modify the existing screened porch. Marier said that the elevation of that structure presents a problem.
Pat Rusak offered an HPC photo of the house. Marier said they purchased the house in May, 1992.
Chris Richter – I’m debating why the screened porch couldn’t be enclosed, but moving the asphalt balances the request. Peter Bolo – I think you have done a good job, so I approve.
Arthur Max made the motion to approve as presented, Pat Rusak seconded; motion carried by 6-0 roll call vote.
ROBERT L. KLINGENBURG 123 Lake Drive
Bl. 101, Lot 48 Appl. #09-549
Interpretation RA zone
At the request of the applicant, David Kane moved to carry the application to March 5, seconded by Pat Rusak, approved by voice vote.
Other Matters / Public Comment:
Paul Deering, 8 Oak Lane, requested a 12 month extension to the variances granted 10/04/07.
Chris Richter moved, David Kane seconded, extension was approved by voice vote.
Ordinance Committee - Chris Richter reported that they will make a recommendation regarding screened porches. They are considering allowing roofed porches to be up to 500 square feet; additional space would be added to floor area. Mary Dietz will look into rock walls, permitting masonry walls and exempting them from variance requirements. Peter Bolo asked if they had looked at the front yard exception requirement, defining whether they were including any structure or only residences. They are also considering driveway setbacks.
Chris Richter presented an interpretation of Ordinance 14-05 and distributed Chapter 5 of the International Building Code. Richter said he looks at 4 tests. At the front of the house, we allow 2 ½ stories or 35 feet. He described average grade calculation, noting when a basement becomes a story. The focus of the ordinance is dealing with the other three sides of the structure.
Pia asked whether there is any restriction to four stories on the lake side of a house. Richter – if the footprint of the top level is less than 40% of the floor below, it is not considered a story.
When is a basement a story, when does it count as floor area? When you look at basement on a steep slope, the grade plane is averaged. If it is a story, it is included in FAR.
If the entire back of the house is exposed, the fourth level floor area needs to be 40% of the third, so it is not considered in FAR.
The last test, does the basement count as floor area? You need to go back to the definition of story above grade. That can be fully exposed and the basement may not be counted as FAR.
If at any point, the basement is more than 12’ above finished ground level, or the average is more than 6’, or more than 6 feet above grade plane (measured from the foundation), the basement counts as FAR.
Arthur Max asked whether there has ever been consideration of counting everything toward calculating volume. Richter said it is a problem because of the Hapgoods. How do you structure an ordinance that does not penalize the Hapgoods? It was agreed that the ordinance was designed to accommodate the Hapgoods or new construction mimicking that style, with the gables prevalent on the third floor.
Doug McWilliams added that, regarding fire fighting safety, walk-out basements are a benefit to the firefighters.
The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Marge Jackson, Secretary