MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

January 3, 2013

 

Chair Chris Richter 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 5, 2012.  Said resolution was mailed to The Citizen and The Morris County Daily Record and by filing the same with the Borough Clerk on January 9, 2012 and was made available to all those requesting individual notice and paying the required fee.

 

 ROLL CALL:

Present: Bolo, Abate, Richter, Albergo, and Rusak

Absent: Max and Dietz

Also Present:  Attorney Michael Sullivan

 

REORGANIZATION:  

Election of Chair – Bill Albergo made a motion to appoint Chris Richter Chair of the Zoning Board of Adjustment and Pat Rusak provided the second. The motion was approved by all members voting in favor 5 to 0.

 Election of Vice Chair–Chris Richter made a motion to appoint Peter BoloVice Chair of the Zoning Board of Adjustment and pat Rusak provided the second. The motion was approved by all members voting in favor 5 to 0.

Appointment of the Board Attorney, Michael Sullivan,

Appointment of Secretary, Cynthia Shaw,

Re-adoption of the By-Laws,

Designation of Official Newspapers, The Citizen and The Daily Record, and Determination of the regular Meeting Dates as follows:

February 7, 2013                                  August 1, 2013

            March 7, 2013                                     September5, 2013

            April 4, 2013                                       October 3, 2013

            May 2, 2013                                        November 7, 2013

            June 6, 2013                                        December 5, 2013

            July 11, 2013                                       January 2, 2014

 Bill Albergo made a motion to adopt the resolution naming the Attorney, Board Secretary, By-Laws, newspaper designations and meeting dates for the Zoning Board of Adjustment for the 2013 calendar year.  A second was provided by Chris Richter. The resolutions were approved by a voice vote of all members.

 

REVIEW OF MINUTES: Pat Rusak made a motion to approve the minutes from the December 6th meeting. Bill Albergo provided the second; the minutes were approved by voice vote by all members.

 

 

 

MEMORIALIZING RESOLUTIONS:  

                                    Richard Fonte & Robin Spath                                       App. 12-620

Peter Bolo made a motion to adopt the resolution of approval; Pat Rusak seconded the motion.  The resolution was passed by a vote of 4 to 0 with members Bolo, Richter, Albergo, and Rusak voting in favor.

 

 

            Ou & Chenfang Xu                                                       App. 12-621

Pat Rusak made a motion to adopt the resolution of approval; Peter Bolo seconded the motion.  The resolution was passed by a vote of 4 to 0 with members Bolo, Richter, Albergo, and Rusak voting in favor.

 

PUBLIC HEARINGS: All Applicants and professionals were sworn in by Chair Chris Richter.

 

Carried Application:

JEFFERY & LYNNE ANSELL                                              260 Boulevard

Blk. 100, Lot 23                                                           Appl. #13-622

FAR, Height, Side, Building Env, Slope                          R-A zone

           

The Board Secretary received a request to carry the Ansell application until February 7, 2013. Pia Abate made a motion to carry the application and Pat Rusak provided the second.  The motion was carried by a voice vote of 5 to 0 with members voting in favor.

 

New Applications:

GARY PRITCHARD                                                  15 Crestview Road

Blk. 45, Lot 1                                                               Appl. # 13-623

Side Yard                                                                    R-A zone

 

Gary Pritchard, of 40 Monroe Ave Ramsey, NJ, and Lisa Ippolito, of 15 Crestview Road presented the application. Mr. Pritchard said he was a builder for 40 years but this was the 1st time he had built in Mountain Lakes. As of July 16, 2012 the building dept had only issued a temporary CO for 15 Crestview because the as-built revealed the air conditioning units were in the setback.

Before installing the air conditioning units Mr. Pritchard discussed the placement of the units with a local engineer. He was told by the engineer the ac units could be installed on the side of the house in the setback if they did not disturb the neighbor. The units are installed in the setback but are 700 ft from anyone’s home. Exhibit A-1 was a color photo of the ac units on the south side of the house. Exhibit A -2 was a photo of the back of the house. The units could be moved to the back of the house but there is a generator in the same location.  Mr. Pritchard asked if the spirit of the ordinance was not to build in the setback or not to disturb the neighbor when installing air conditioning units. Chris Richter explained the bulk requirements state nothing can be in the setback.

Michael Sullivan explained the Board needed to look at the application as if the units were not there. He further explained the difference between a C-1 and C-2 variance. Since there was no hardship due to the topography of the land the applicant would be left with a C-2 variance. They would have to prove there was no detriment to the public good if the air conditioning units were installed in the setback.

Chris Richter asked if the trail to the Tourne was still in use.  Lisa Ippolito said it was still there although it had been moved off their property. Mr. Richter continued, so the units would disturb those walking to the Tourne. Gary Pritchard said then the only location to place the units would be behind the house. Peter Bolo agreed the units would disturb those using the trail. Bill Albergo asked if the applicant had considered putting them in the front of the home. Gary Pritchard said yes but the homeowner did not like that idea.

The Chair asked if anyone from the public wished to speak. No one from the public was present.

He then asked for comments from the Board. Pat Rusak stated she understood the ac units were in place but thought they could place them elsewhere. Peter Bolo made a motion to deny the application as presented, Pia Abate provided the second. The Board voted 5 – 0 to deny the application. Members Bolo, Abate, Richter, Albergo, and Rusak voted in favor of the denial.

 

Other Matters / Public Comment:

 

2012 Annual Report – A motion to accept the report as written was made by Peter Bolo and a second was provided by Bill Albergo. The motion was carried by a voice vote of all members present.

 

Pia Abate made a motion to adjourn the meeting, Bill Albergo provided the second, and the motion was carried by a voice vote of all members. The meeting was adjourned at 8:05 pm. 

                                                                                                                                   

                                                                                                Respectfully submitted,

 

 

 

                                                                                                            Cynthia Shaw, Secretary