MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

March 3, 2011

 

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 6, 2011.  Said resolution was mailed to The Citizen and The Morris County Daily Record and by filing the same with the Borough Clerk on January 10, 2011 and was made available to all those requesting individual notice and paying the required fee.

 

 ROLL CALL:

Present: Bolo, Max, Abate, Rusak, Gallo, Cohen and Willke

Absent: Dietz and Richter

Also Present:  Attorney Michael Sullivan

 

REVIEW OF MINUTES:  Mark Cohen made a motion to approve the minutes from the February 3rd meeting. Pat Rusak provided the second; the minutes were approved by voice vote by all members.

 

MEMORIALIZING RESOLUTIONS:

JAMES & LOIS MORLOCK                                     App. #11-588

Pia Abate made a motion to adopt the resolution of approval; Mark Cohen seconded the motion.  The resolution was passed by a vote of 5 to 0 with members Bolo, Max, Cohen, Rusak and Abate voting in favor.

 

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

 

New Applications:

            PAUL WOLKENSTEIN                                  65 Melrose Road

            Bl. 64, Lot 3                                                      App. #11-589   

            Side Yard                                                         R-A Zone

 

Paul Wolkenstein of 65 Melrose Road was sworn in. He was looking to add air conditioning to his home. In the future the applicant will be adding on out the back of the house so he would like put the units on the side. Installing the units on the side of the house would create a need for a side yard variance. Exhibit A-1 contained 3 photos showing the vegetation on the side of house. Exhibit A-2 showed 3 close up photos of the foundation where the units would be installed. Currently there is a wood access point in the foundation. Mr. Wolkenstein would like to install the unit in the wood section of the stone foundation rather than through the stone.

Pia Abate asked the applicant if the units could be installed under a deck. Chris Gallo felt there would be a minimum clearance requirement for air flow so it may not work.  Arthur Max asked how the applicant achieved the measurement for the sideline setback.  Mr. Wolkenstein did the measurements himself; he measured from the property line to where the units would be installed.  He then presented Exhibit A- 3, a drawing made by the contractor showing the location and area required for the units. Mr. Max then asked why two units were required. Two units are needed because of the size of the house. Two units were selected on application; they would be using one of each. Arthur Max thought the applicant should request a greater setback; he did not feel enough room has been allocated for the installation of the units. 

Peter Bolo asked if there was anyone from the public who wished to ask questions or make comments of the applicant. Colleen Gecawich, of 15 Powerville Road, said she had talked to the applicant and was fine with the location. Her air conditioning units were on the same side of her house as the Wolkenstein’s new units would be. Wayne Odel, of 63 Melrose Road, was concerned with the noise of the units. Peter Bolo explained to Mr. Odel that the units would be closer to his home and louder if the applicant had installed them in behind the house. A variance to install them on the opposite side of his home would be quieter for him.

Mark Cohen said he would like to have the side yard variance request changed to “no greater than 19.7 ft.” to make sure there was enough room to install the units.  Peter Bolo requested that a landscape screen around the three sides of the units be installed. Pia Abate thought since the applicant did not have a plan to build out the back of the house now they could install them out the back and move them to the side later.

Mark Cohen made a motion to approve a side yard setback of 19.7 ft with landscaping on three sides, Pat Rusak provided the second. The application was approved 6 -1 with members Bolo, Cohen, Dietz, Rusak, Gallo and Willke voting in favor.  Pia Abate voted against the application.

 

            DAVE & KIM MAUTE                                   29 Lake Drive

            Bl. 82, Lot 18                                                    Appl. #11-590  

            Side Yard                                                         R-A Zone

 

Dave Maute, of 29 Lake Drive, and Larry Korinda, a licensed Architect in the state of NJ, were sworn in. Mr. Korinda explained the applicant was looking for a single variance. They requested a side setback of 10.1 ft which was less than the current side yard setback of 7.6 ft. They would be reducing the existing non conformity. Exhibit A-1 was the site plan that has been colorized. Mr. Korinda explained the property had 3 front yards. They would be removing the steps and mud room on the right of the house. The house is off center on the irregular lot and is not parallel to the property line.

Peter Bolo asked if the applicant would like to amend the application to include a C-1 hardship due to the lot irregularity. Larry Korinda said he would. They will also be eliminating another non- conformity, ILC, by removing the patio and walkway. 

Exhibit A-2 was a series of 4 photos showing the rear and right side of the house. Exhibit A-3 was a colorized version of the basement and 1st floor plans already submitted. A one car drive under garage with storage would be added in the basement. On the 1st floor a new family room and kitchen would be added. Exhibit A-4 was the colorized floor plans for the attic and second floor already submitted. The applicant would be adding a new master bath and bedroom over the 1st floor addition.  In the attic they would be adding two small dormers to the existing bedrooms. Exhibit A-5 showed the two new front dormers and the right side elevations. The right elevation showed how the new addition was setback from the side of the house. Exhibit A-6 was the rear of the house and left side elevation. The new addition roof line is below the original roof line which reduces the massing of the house and provides a window in the stairwell. The property already has substantial plant buffering which will reduce the visibility of the addition.

Pat Rusak asked if the applicant was keeping the sideline landscaping, yes they were.  Arthur Max stated the Architect was offsetting the house on the left. He then asked why they were not offsetting the house on the right so they would be asking for a lesser variance. Mr. Korinda said if they moved the house in on the right the kitchen would be farther from the dining room. Then you would create a family room going out the back of the house and that would not be the best interest of the neighbor. The applicant wanted to keep the original part of the house as is.  Pia Abate liked the view of the house from Barton Road and would prefer the house be built as presented and would not like to see the house addition moved to the other side.  Arthur Max asked if you pushed the house addition to the other side how would it effect the second floor addition. Mr Korinda said you would have a problem getting in the bath and pushing the house out the back.

There was no one from the public present. Peter Bolo asked the applicant if he had any contact with any of the neighbors about the project.  Mr. Maute said he only spoke to one neighbor. Pat Rusak agreed with Pia Abate, she considered the house location a hardship and liked the plan presented.  Mark Cohen liked that the side yard setback was improved by 3 ft.  Arthur Max said the applicant was removing a small structure on one side and adding a large structure on the other side. He liked the design but felt the Board always regrets the tight side line additions. Peter Bolo thought the renovations fit in with the Borough Master Plan.  Chris Gallo thought the renovations were a big improvement over what existed.

Pia Abate made a motion to accept the application as presented and Chris Gallo provided the second. The Board voted 6 to 1 in favor of the application with members Bolo, Cohen, Rusak, Abate, Gallo and Willke voting in favor.  Arthur Max voted against the application,

                         

Other Matters / Public Comment:

 

Peter Bolo asked if there were any comments from the public but no one was present.

 

Arthur Max made a motion to adjourn the meeting and Tim Willke provided the second. The meeting was adjourned at 8:30 pm.  

                                                                                                                       

                                                                                                                       

                                                                                                Respectfully submitted,

           

 

                                                                                    Cynthia Shaw, Secretary