MINUTES OF A REGULAR MEETING

 ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES

September 5, 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 3, 2013.  Said resolution was mailed to The Citizen and The Morris County Daily Record and by filing the same with the Borough Clerk on January 7, 2013 and was made available to all those requesting individual notice and paying the required fee.

Start: 7:31 pm

 ROLL CALL:

Present: Richter, Albergo, Max, Rusak, Dietz and Bolo

Absent: McConnell, Abate

Also Present:  Attorney Michael Sullivan

REVIEW OF MINUTES:  Arthur Max made a motion to approve the minutes from the August 1, 2013 meeting. Pat Rusak provided the second; the minutes were approved by voice vote by all members.

MEMORIALIZING RESOLUTIONS:

CAROL & BRANDON HOWARD                                                      Appl. #13-629

Mary Dietz made a motion to adopt the resolution of approval; William Albergo seconded the motion.  The resolution was passed by a vote of 5 to 0 with members Richter, Albergo, Max, Rusak and Dietz voting to approve the application.

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

Carried Application:

            DOUGLAS BROWN AND HELEN LIU                      104 Lake Drive

            Blk. 102, Lot 54                                                 App. # 13-630

            Side, ILC, FAR                                                             R-A Zone

The application presented at the August meeting by Douglas Brown and Helen Liu was reopened. The public has been noticed about their return to modify the condition of approval. Alex Gotthelf, the Architect, and the homeowners Helen Liu and Douglas Brown, of 104 Lake Drive, were returning to present the changes to the original application.

Alex Gotthelf explained the Board had placed two conditions upon his client for granting the ILC variance. The conditions were to remove 150 sq ft of coverage and reduce the ILC to 31 %. He realized the front walkway, air conditioning pads, and stone slab had been left off the plot plan in addition they found a section of the driveway and side yard walkway had been concealed with dirt and gravel. On the new plot plan we are reducing the drive way by 225 sq ft, which is more than the 150 sq ft requested, but they cannot comply with the 31% ILC.

Michael Sullivan confirmed the variances requested for FAR and side yard setback were unchanged. The applicant had determined the original existing ILC of 33.2% was really 38.2%. They were now requesting an ILC of 33.8%.

Chris Richter noticed the applicant had added a generator in the setback to the plan.  The applicant had not noticed for the required side yard setback variance to accommodate the generator. The applicant would remove the generator from this application and submit a permit to install a generator that met the conditions of the emergency generator ordinance. Mary Dietz confirmed what the new and old walkways were on the plan. By removing the generator they were able to reduce the ILC by 8 sq ft, creating a new ILC of 33.72%. Peter Bolo said he thought the application was very reasonable. Chris Richter commented he appreciated the applicants’ honesty about the error.

No one from the public was present.

Peter Bolo made a motion to approve variances for a new ILC of 33.72%, a side setback of 16.17 and a FAR of 18.03%. The applicant was to remove the generator from plans.  Mary Dietz questioned the walkway on side of the house. Alex Gotthelf said the brick walkway was to be removed and replaced with bluestone stepping stones. William Albergo questioned, “Do walkways need to be within the setbacks?” Chris Richter replied, we have not interrupted the setback requirement applying to walkways. A second was provided by William Albergo. The application was approved by a vote of 6 to 0 with members Richter, Albergo, Max, Rusak, Dietz and Bolo voting in favor.

Other Matters / Public Comment:

No one from the public was present.

The Board reviewed and approved the changes made to the application instructions.

At our next meeting we will have to vote on a temporary Chair since both the Chair and Vice Chair will not be attending the meeting.

We still need one new alternate.

Arthur Max made a motion to adjourn the meeting and William Albergo provided the second. The meeting was adjourned at 7:58 pm. 

                                                                                                Respectfully submitted,

                                                                                                            Cynthia Shaw, Secretary