MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

April 7, 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, Cohen, Willke, Dietz and Richter

Absent: Gallo

Also Present:  Attorney Michael Sullivan

 

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

 

MEMORIALIZING RESOLUTIONS:

PAUL WOLKENSTEIN                                  App. #11-589   

 

Mark Cohen made a motion to adopt the resolution of approval; Pat Rusak 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.

           

DAVE & KIM MAUTE                                   Appl. #11-590  

 

Tim Willke made a motion to adopt the resolution of approval; Pat Rusak 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 Application:

            MARK THOMSON & HELEN APPLEBY      129 Kenilworth Rd

            Bl. 76, Lot 19.02                                                App. #11-591   

            Side Yard                                                         R-A Zone

 

The Board Secretary received a request from the applicant to have their application carried to the May 5, 2011 meeting. Arthur Max made a motion to carry the application and a second was provided by Pat Rusak. The motion was approved by voice vote of all members.

 

Carried Applications:

 

RICHARD J. TKACH                                      80 Fanny Road

            Bl. 66, Lot 15                                                    Appl. #11-587  

            Side, Rear, Front, Lot Depth                               R-A Zone

            Building Envelope, Fence

Richard J Tkack owner of 80 Fanny Road, who lives at 414 N. Beverwyck Road in Parrsippany, was sworn in.  Board Attorney Michael Sullivan summarized the application presented at the February 3rd meeting.  At that time the testimony was completed.  Mr. Sullivan then listed the variances requested and the bulk requirements allowed for the property. The Board had requested the applicant ask his neighbors if they would be interested in purchasing his property or selling a portion of their property to him. The application had been carried to this meeting.

Mr. Tkach had sent a letter to each of his neighbors. He had received responses to his request. Exhibit A-10 was at letter from the YMCA. This letter was not acceptable because the amount offered was not a fair market price. Mr. Tkach had sent a second letter, also part of Exhibit 10, as a follow up to the offer. Exhibit A-11 was a letter from the Borough stating they were not interested in either selling a portion of their property or purchasing 80 Fanny Road.

Mr. Sullivan went on to say that the water and sewer issues were not the Board’s responsibility but rather the job of Mr. Tkach to figure out in order to obtain a building permit. He then asked Mr. Tkach if he agreed to the requests made by Mr. Miller, the Boonton Engineer, in his letter dated February 1, 2011, he did. In a letter dated January 11, 2011 Mr. Ryden, the Borough of Mountain Lakes Engineer, also had conditions that needed to be met. Mr. Tkach agreed to do what Mr. Ryden requested. These requests would be a condition of approval.

Peter Bolo asked Michael Sullivan if the Board needed to be concerned about the letter from the YMCA.  The Board Attorney said that the response to Mr. Tkach’s second letter to the Y was his concern not the Boards. Arthur Max asked if the applicant if he had gone back to the YMCA with an actual market value number, no Richard Tkach had not. Tim Willke thought the YMCA would not be interested because the wetlands were next to the Y and the only usable part of the lot was on the other side of the property.

Pia Abate asked what was constitutes an unbuildable lot. Michael Sullivan explained that this application was a hardship case and would not impair the development of the town. The hardship was created by the creation of the lot when Fanny Road was installed. The Board needed to review the variances.

Chris Richter stated that the Fresh Water Wetlands Act was passed in 1986 after the lot was created. A lot of land was taken from people because of this legislation.  It was hard to view this lot as a hardship under those circumstances. Michael Sullivan said the applicant had lost a lot of the lot due to the wetland delineation. Chris Richter stated if the Board said all the wetlands in Mountain Lakes were a hardship we would create problems for other properties. Peter Bolo added this lot was like many lots in town that do not meet the zone bulk requirements. Peter Bolo asked Mr. Tkach what he felt his hardship criteria were.  Richard Tkach responded if the wetlands did not exist the lot would still be a lot that needed variances. The DEP had determined this was a buildable lot.  Chris Richter said the DEP determines wetlands it did not determine if this was a buildable lot the Board did.  Mr. Richter asked the applicant, in your wetland transition areas are you giving more open space to the state? Richard Tkach responded the amount of land he was giving was equal to what it would have been.

Mary Dietz asked the applicant if he was using the entire lot in his ILC calculations. Should the percentage not include the wetlands area?  Michael Sullivan responded the wetlands area is part of the lot and the entire lot is used to determine the ILC. Peter Bolo mentioned the houses across the street in Hapgood Court are 3000 to 3200 sq ft; he thought the house should be about that size.  Mr. Richter asked Mr. Tkach, if you complied with the front yard setback at 40 ft and the side yard of 25 ft what size of house could be built? Mr. Tkach said the house would move over twenty feet and the garage would be eliminated. Mr. Richter asked the applicant would be living in the house, yes he would. He then asked can you get out of the back of the house.  Mr. Tkach said there was a back door to the deck and a set of stair off the deck.

Peter Bolo asked if there were any questions from the public.

George Jackson, 131 Laurel Hill Road, asked how this was a buildable lot. Michael Sullivan said case law supports this as a lot. Chris Richter asked Mr. Jackson, our Council liaison, if this was discussed at Council, it was in closed session.

Chris Richter said the building lot was not conforming and there are a lot of wetlands. He could live with the narrow lot and the variances associated with that but right now the applicant have no useable backyard and the house is pushed very far over to the side of the lot.  Pat Rusak said there are a lot of smaller historic houses in town, like a Belhall home, you could use as a design concept.  She could support this if the house was 1/3 smaller and you created a larger sideyard.  Mary Dietz agreed with Chris Richter, she did not agree with trying to build the maximum size house and there was no rear yard. She would take the usable portion of the land and then calculate what size house would fit and build that.

Peter Bolo asked the applicant, can you walk on the other side of the fence. Yes, Mr. Tkach responded. Dr. Bolo asked could you use another size fence.  Richard Tkach explained the DEP wanted the visual barrier because they found people putting in gardens and adding sheds in the wetland areas. Chris Richter asked are we being forced to accept a fence. Mr. Tkach said he could speak to the DEP. Mark Cohen asked Mr. Tkach to clearly state his incentive because he needed a lot of variances and was going to a large expense to make this work. Richard Tkach said he was doing it for the school system because he had three kids. Mr. Cohen responded the applicant could have bought a house in town, he did not agree with a side yard setback of 4.9’. 

Michael Sullivan summed up what he thought were the variances the Board seemed to be concerned about, the fence and the side yard setback of 4.9’.He asked what would be the DEP minimum barrier location. Richard Tkach said the DEP might accept a hedge row and signs.

Arthur Max said it sounds like this Board would not accept this as presented. Tim Willke said he had a problem with the sideyard setback and would like to see a smaller house. Chris Richter said he would deny the application right now.  Pia Abate was concerned about not having a backyard. The applicant’s children would have to play on the side yard and Fanny Road was a very busy street. Chris Richter asked if the applicant if he could get the DEP to accept a hedge row. He would like to see what you would have with setback of 40, 25 and 25. The Board would need the footprint and basic layout of the house, watching the setbacks.

Michael Sullivan said the board should not redesign the house. He then asked Mr. Tkack if he would like to carry the applicant or have the board vote now.  Mr. Tkach said he would like to carry the application to June 2nd. Chris Richter made a motion to carry the application and the second was provided by Pat Rusak.  The carry was approved by a voice vote of all the members present.

 

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 Mark Cohen provided the second. The meeting was adjourned at 8:40 pm.  

                                                                                                                       

                                                                                                                       

                                                                                                Respectfully submitted,

           

 

                                                                                    Cynthia Shaw, Secretary