MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF
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
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
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
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