MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

September 3, 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, Cohen, Richter, Abate, Max, Sheasby               Absent: Dietz, Rusak, Kelly

Also Present:  Attorney Michael Sullivan

REVIEW OF MINUTES:  Mark Cohen made a motion to approve the minutes from the July 16^th meeting.  Chris Richter provided the second; the minutes were approved by voice vote.

MEMORIALIZING RESOLUTIONS:

STEVEN AND PAULA HARDEK                             Appl. #09-556

 Mark Cohen made a motion to adopt the resolution of approval; seconded by Chris Richter and approved by a 3 -0 roll call of eligible voters.

PUBLIC HEARINGS: All applicants and professionals were sworn in by Chair Bolo.

            MICHAEL AND MICHELLE GLEASON      7 Barton Road

            Bl. 81, Lot 22                                                   Appl. #09-557

            Improved Lot Coverage, Side Yard                  RA Zone

Richard Nelson, licensed Architect, 37 Lakewood Drive Mountain Lakes presented the application.  The Gleason’s property is close to Briarcliff and Barton Roads. There are no earlier variances for the property.  Mr. Nelson presented Exhibit A-1 which was a colored version of the site plan that was in the board’s packet. The applicant would like to restore the original front porch. Rick Nelson presented Exhibit A-2 which was a revised Improved Lot Coverage calculation for the proposed improvements. The actual lot coverage for the existing property and proposed project will not be changing. The coverage is not increasing; the applicants are just trying to balance the coverage out on the lot.  Everything the applicant is doing will be in the building envelope.

Exhibit A-3 showing the proposed floor plan was the same as the one originally submitted but in a colored version.  Mr. Nelson explained the homeowner was trying to keep the traditional Living Room and Dining Room with a butler’s pantry.  They were just adding a new Kitchen and Family Room.  On the second floor they are adding a hallway to access an existing bedroom that was once an old sleeping porch.  Exhibit A-4 was a colored version of the house elevations that were already submitted. Rick Nelson explained they were taking away an existing gable on the drive side elevation. 

Chris Richter confirmed the applicant was just redistributing the actual lot coverage. Bob Sheasby asked if the 565 square feet they were adding was really being taken from numerous areas. Mr. Nelson said yes. He also confirmed that part of the existing driveway is now going to be house. Mr. Sheasby stated he supported the actual home improvements, but the property still exceeded the Impervious Lot Coverage. Michael Sullivan pointed out that the high ILC was due to the long driveway providing access to the garage. He asked Mr. Nelson, when you look at the site could any of the improved lot coverage be reduced by removing pavement or patio. Rick Nelson pointed out the garage was functional. Peter Bolo asked if the garage was for storage or a car. It was used to store their car. Mr. Nelson suggested the applicant could reduce the side patios by150 square feet.  Another option was they could take out 150 square foot of driveway. Rick Nelson confirmed he included the wood deck in the ILC calculation. Chris Richter asked, if applicant had added any patios or pavers since they moved there. The applicant replied no, everything existed when they moved in the house. Arthur Max felt the driveway accounted for half the Improved Lot Coverage but it provided the only access they had to the garage. It was also pointed out that the paved area provided access to the Mud Room, a turn around area in the driveway and a place to put the applicant’s second car. Chris Richter asked about the screening between neighbors.  Michelle Gleason stated, “If we look out the addition we see the neighbor’s garage and bushes.”  Rick Nelson mentioned the two garages and bushes create a private back yard. He then offered the applicant would be willing to remove some of the driveway and add foundation plantings for additional screening. 

Dr. Bolo asked if members of the public would like to be heard. There were none.

Chris Richter made a motion to approve the application if the applicant removed 150 square feet of driveway, thus reducing the ILC to 40.9. Arthur Max provided the second and the motion was passed by a vote of 6-0.

After the passing of the motion Mark Cohen cautioned the applicant to not enclose any of the porch area in the future because they were at the maximum Floor to Area Ratio.

Other Matters / Public Comment:

Arthur Max mentioned the stone wall and pillars had been built at 270 Boulevard.  He stated the size of the actual pillars were over 2 ½ ft wide.  The resolution was reread by Michael Sullivan confirming the pillars were to be built 2 feet by 2 feet. Chris Richter said it was the responsibility of the Construction Department to check that the construction plans were resubmitted with the appropriate size changes.  The Board asked the Secretary to check with the Zoning Officer to confirm the pillars were in fact built in accordance with the resolution. 

Bob Sheasby questioned the orientation of the new house being built on the corner of Morris Avenue and the Esplanade.  Chris Richter reminded Mr. Sheasby the developer was not heard by this board. The Secretary, Cynthia Shaw, confirmed the house was in the building envelope and was placed on an angle to create a private backyard for the new homeowner and their neighbors.

Questions were asked about the new ordinances now being presented concerning the square footage for porches.  The 500 square feet of allowable porch space was determined by using the average size of porches on Hapgood’s. Michael Sullivan reminded the board that they made their recommendations and it was now up to the Planning Board and the Council to finalize the ordinance. Chris Richter will send an email to council liaison about the board concerns.

Bob Sheasby made a motion to adjourn the meeting and it was seconded by Arthur Max.

The meeting was adjourned at 8:15 p.m.  

                                                                                                            Respectfully submitted,

                                                                                                Cynthia Shaw, Secretary