MINUTES OF A REGULAR MEETING
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF MOUNTAIN LAKES
December 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: 7:32 pm
ROLL CALL:
Present: Albergo, Max, Dietz, McConnell, Richter, Bolo and Rusak
Also Present: Attorney Michael Sullivan
REVIEW OF MINUTES: William Albergo made a motion to approve the minutes from the November 7th meeting. Pat Rusak provided the second; the minutes were approved by voice vote by all members.
MEMORIALIZING RESOLUTIONS:
WILLIAM & KAREN ROOS Appl. #13-634
Mary Dietz made motion to adopt the resolution of approval; Arthur Max seconded the motion. The resolution was passed by a vote of 6 to 0 with members Albergo, Max, Richter, Bolo, Rusak and Dietz voting to approve.
JAMES & LAURA HIRSCHFELD Appl. #13-632
Mary Dietz made motion to adopt the resolution of approval; Peter Bolo seconded the motion. The resolution was passed by a vote of 6 to 0 with members Albergo, Max, Richter, Bolo, Rusak and Dietz voting to approve.
PUBLIC HEARINGS: All Applicants and professionals were sworn in by Chair Chris Richter.
Carried Application:
JAKE & MARY BETH DENOOYER 79 Lake Drive
Blk. 101, Lot 27 Appl. #13-633
ILC, FAR, Side/Combined Side Setback R-A zone
Lake Front Setback, Height/Stories, Front Wall
Rick Nelson and Marc Walker as well as Jake and Mary Beth DeNooyer would continue presenting the application started at the November 7, 2013 meeting. Jake DeNooyer repeated their desire to update the kitchen and dinette plus add a powder room and family room on the 1st floor. On the second floor 2nd floor they wished to have a master closet larger than 3.5 ft plus a larger master bedroom and bath. They want to make the basement more functional and add a two car garage. They took the feedback the Board gave them at the November 7th meeting and made changes to the plan.
Marc Walker continued, they had reduced the ILC by 554 sq ft and were now requesting 23% ILC. They had removed the patio and reduced the driveway to bring it down. They also modified the deck to remove the lake setback variance. The house is constructed 7.5 ft out of the ground if it was only out 4 ft they would not be here for a FAR variance. By raising the grade they are mimicking the way many houses in the Borough are graded. There are a lot of pre-existing non-conforming conditions on the property such as the stories, height and side setbacks. Once the new construction is complete they will lose some of the variances required today. Chris Richter asked to review the position of the Zoning Office. He understood if the combined side yard variance was approved the applicant would be able to apply under the Historic Preservation ordinance. Even though the applicant would be eliminating the height and FAR variances when the project is done they were still 339 sq ft over the allowed ILC. Mary Dietz was concerned about the amount of variation in the grade plan. Marc Walker said the average grade plan on any one side of the house does not exceed more than 3 ft; we have made sure we did not do that. Mrs. Dietz was concerned with changes in elevation. Marc Walker explained the height calculation chart on the plot plan. Chris Richter said he saw Mrs. Dietz’s concern; there are some grade plan changes that are 6 ft in some areas. Mrs. Dietz requested the Board make it a condition of the resolution to confirm the grade plan calculations. Mr. Richter commented, maybe the Board should put something in the deed to make sure the walls/planters around the home remain.
Rick Nelson explained his resubmitted floor plans. The green areas are pre-existing and will remain, the pink areas were altered after 1926 and they will be altered again and the brown areas are new. He continued they are trying to keep as much of the old home as possible. The 1st floor layout dictates the basement area and he has found a brick to match the existing. The new rear addition matches as much of the house as possible and he tried to keep the stories down. In the front they will remove the garage door so water does not flow into this area. The contributing dwelling incentives allow you to alter the sides of the home as you add on but they are not, they are putting the addition in the back. The house is an anomaly, when it was built it was conforming it does not today.
Chris Richter thought the design was great and asked the Board members if they had any additional questions. Mary Dietz said the garage was large; did they look at a standard size garage? Rick Nelson said they had but they would have to use something other than brick to side the house and would have had to cantilever the 1st floor. Jake DeNooyer said they did consider stucco in the back with the cantilever but when they we found a matching brick they wanted to use it. To match the other elevations requires a block wall, insulation and the brick veneer. Chris Richter asked if they could bring the deck in. Mary Beth DeNooyer replied they moved the deck in and re-angled it to remove the need for Lakefront setback. If the deck was pulled in any more we can’t fit a table and chairs so they met the lakefront setback and bust the side setback. Jake DeNooyer produced Exhibit A-4 an optional plan for deck and exhibit A-5 showing 2 photos of houses on either sides of their home. He wanted to show the Board they were not blocking anyone’s view. Chris Richter commented, every time one person pushes out a bit then the people on other sides pushes out more. He felt the Board should hold the lake setback. Mary Dietz said she was fine with side yard deck and wanted to see the lakefront setback maintained. She thought they could redesign the stairs to improve access. She continued, this property was a ripe for a variance, the addition is concealed from the street and the deck is a reasonable solution for additional space outside.
No one from the public was present.
The Chair asked the Board for additional comments Pat Rusak liked the deck and saw no problem with the side deck. In reference to the lakefront setback she added it is the Board’s job to protect the neighbors. Peter Bolo like the improvements to the property and liked the lake view of the house. William Albergo liked the applicant was requesting fewer variances. Chris Richter thought the plan presented was a good design. He asked the Board if the deed restriction requiring the walls remain should be a condition. The consensus of the Board was not to require it.
Peter Bolo made a motion to accept the application with the following conditions, use the revised plans presented this evening, the grade plan calculations be confirmed, the deck stairs be reworked, and the use of the Historic Preservation ordinance. A second was provided by William Albergo. The application was passed by a vote of 7 to 0 with members Albergo, Max, Richter, Bolo, Rusak, McConnell and Dietz voting to approve.
Other Matters / Public Comment:
No one from the public was present.
Chris Richter told the Board our new second alternate will be Khizar Sheikh. He will join us in January. Bill Albergo will be leaving us to join Council so we are still in need of two alternates.
James McConnell made a motion to adjourn the meeting and Mary Dietz provided the second. The meeting was adjourned at 8:38 pm.
Respectfully submitted,
Cynthia Shaw, Secretary