Board of Adjustment Minutes 11-3-10 Print E-mail

MONTVILLE TOWNSHIP

 ZONING BOARD OF ADJUSTMENT

MINUTES OF NOVEMBER 3, 2010

Montville Municipal Building, 195 Changebridge Road

8:00PM Regular Meeting

STATEMENT OF COMPLIANCE

Stated for the record.

ROLL CALL:

Richard Moore –Present                                     Thomas Buraszeski – Present

Donald Kanoff – Absent[1]                                  James Marinello – Present

Deane Driscoll – Present                                    Carl DiPiazza (Alt #1) – Present

Maury Cartine–Present                                      Kenneth Shirkey (Alt #2) – Absent[2]

Gerard Hug – Present

Also Present:        Joseph Burgis, Planner

                                Bruce Ackerman, Esq.

PLEDGE OF ALLEGIANCE

Stated for the record

Swearing in of Professionals

OLD BUSINESS

The following application was carried with notice preserved to 12/1/10:

ZC10-10 Strumph,  Gail –20 Highland Ave – B: 40, L:18 – side yard setback; building coverage 2,1215 s.f. vs 1,750 s.f.; impervious coverage 4,837 s.f. vs 3,500 s.f. variances for addition to single family home and deck - – carried with notice from 9/1/10– Eligible: Buraszeski, Driscoll, Cartine, Hug, Kanoff, Moore, DiPiazza, Shirkey, Marinello      ACT BY: 12/2/10

The following application was carried with notice preserved to 1/5/11:

ZC25-08 Caggiano, Lou Carl – Hog Mountain Rd. – B: 33, L: 32 – variance for construction of a single family home on an unimproved road – Carried with notice from 4/7/10 & 9/1/10 – Eligible: Buraszeski, Driscoll, Cartine, Hug, Kanoff, Moore, DiPiazza, Shirkey, Marinello

                                                                                                                                ACT BY: 1/6/11

No one in attendance for the Aliotta application.  Board moved to general business of the board. 

MINUTES:

Minutes of October 6, 2010 Eligible: Buraszeski, Driscoll, Cartine, Kanoff, Hug, Moore, DiPiazza, Shirkey, Marinello

Motion to adopt made by: Buraszeski, Second by: Driscoll; Roll call: Unanimous


INVOICES:

Burgis Assoc. – Trust for: $187.50, $156.25, $138.25, $67.50, $1,406.25, $62.50, $31.25

Omland Engineering – Trust for: $1,437.50, $1,093.75

Bricker & Assoc – Trust for: $500

Pashman Stein – O/E for: $175; Trust for: $125

Motion to approve made by: Hug, Second by: Driscoll, Roll call: Unanimous

CORRESPONDENCE

ZC 24-06-21-09 Lodhi - 10 Old Lane – B: 21.01, L: 35.04 – extension of approval requested to 9/2/11

Motion to approve: Moore; Second by: Buraszeski; Roll call: Yes - Buraszeski, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello

ZC27-09 Stein, David –1 Spring Ln. – B: 113, L: 48 – extension of approvals requested to 11/4/11

Motion to approve: Buraszeski; Second by: Driscoll; Roll call: Yes - Buraszeski, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello

RESOLUTIONS

ZC12-10 Schell, Frank  –14 Kirkbride Terr. – B: 31, L: 18.2 – rear setback 36’ vs 50’ for deck – approval resolution – Eligible: Buraszeski, Driscoll, Hug, Moore, DiPiazza, Cartine

Motion to approve: Buraszeski; Second by: Driscoll; Roll call: Yes - Buraszeski, Driscoll, Hug, Moore, DiPiazza, Cartine

ZC15-10 Mazzaccaro, Thomas  –4 Moore Rd. – B: 51, L: 64 – variance for front setback on corner lot garage addition - Approval Resolution – Eligible: Buraszeski, Driscoll, Hug, Kanoff, Moore, Marinello

Motion to approve: Driscoll; Second by: Moore; Roll call: Yes - Buraszeski, Driscoll, Hug, Moore, Marinello

ZC17-10 Wagner, Lester  –6 Cherokee Ct. – B: 15.02, L: 8 – variance for front setback of 38/95’ where 45’ is required for front porch –Approval Resolution – Eligible: Buraszeski, Driscoll, Cartine, Hug, Kanoff, Moore

Motion to approve: Buraszeski; Second by: Driscoll; Roll call: Yes - Buraszeski, Driscoll, Cartine, Hug, Moore

ZD28-08 Holiday at Montville– 29 Vreeland Ave. – B: 52.03, L: 19, 21 & 22 – extension of approvals request to 10/7/11 – Granted – Eligible: Buraszeski, Driscoll, Cartine, Hug, Kanoff, Moore, DiPiazza, Shirkey, Marinello

Motion to approve: Buraszeski; Second by: Driscoll; Roll call: Yes - Buraszeski, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello

ZSOIL5-10 Lodhi – B: 21.01, L: 35.04 – 10 Old Ln. – soil movement – denial resolution - Eligible: Buraszeski, Driscoll, Cartine, Hug, Kanoff, Moore, DiPiazza, Shirkey, Marinello

Motion to approve: Buraszeski; Second by: Driscoll; Roll call: Yes - Buraszeski, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello


Mr. Hug stepped down for the following application:

ZC11-10 –Brittain & Foster – B: 52.02, L: 15 – 61 River Rd       - variance front setback of 40.2’ vs 45’ & Building Coverage of 2,853 s.f. vs. 2,587 s.f. for 2nd story addition/front porch addition – carried with notice from 9/1/10– Eligible: Buraszeski, Driscoll, Cartine, Kanoff, Moore, DiPiazza, Shirkey, Marinello                                   ACT BY: 11/17/10

Present on behalf of the applicant: Present on behalf of the applicant: Charles Foster, applicant; Victor Alexandrow, AIA

Mr. Alexandrow, AIA - previously sworn

The applicant is requesting to put a 2nd story addition on their home. Proposed front setback 40.2’ and building coverage of 2,853 s.f. where 2,587 s.f. is allowed.  Impervious coverage is not exceeded.  The garage addition has been eliminated to reduce the variances requested.  The overhang is counted toward the building coverage but beneath is lawn area.  Mr. Burgis – The overhang is the reason for most of the setback variance. 

Open to public – none

Mr. Marinello – Can you describe the character of the surrounding area on River Road. 

Charles Foster, applicant – sworn

We are a little closer than the next door neighbor to the road but the Conklin house is much closer to the road than our house.  Mr. Buraszeski – The covered entryway is the reason for the front setback variance.  Mr. Foster – Yes but the porch will remain open.  Mr. Marinello – Is there enough room for a turnaround?  Mr. Burgis – They can provide a space to make a K turn on site.  If they do a turnaround they should pave it and there is room in their impervious coverage on site to provide a turnaround.  Mr. Alexandrow – The initial proposal was with the extended garage to allow for a turnaround.  Mr. Burgis – If you condition the installation of the turnaround it would be a benefit to the public good due to safety.  Mr. Marinello – If the deck was a patio flush to ground would they need a variance for building coverage?  Mr. Burgis – No.


Closed to public

Mr. Marinello – The town is changing and instead of a zig zag effect along this road the houses step back.  Mr. Burgis – The house fits in with the neighborhood. Mr. Marinello – The house exists in the front setback so reducing the setback by an additional 2’.  Mr. Cartine – Aesthetically the K-turn would be preferred not a circular driveway.

Motion to approve the application condition a K turnaround to be installed; no enclosure to porch; in keeping with the neighborhood; encroachment limited to front porch; undersized lot; any improvement to the property would require some type of relief; inconsistent setbacks exist in the neighborhood made by: Driscoll; Second by: Buraszeski; Roll call: Yes - Buraszeski, Driscoll, Cartine, Moore, DiPiazza, Marinello

Mr. Hug returned

NEW BUSINESS

 NONE


OTHER BUSINESS

2011 Tentative Budget for Board of Adjustment – no comments

2011 Tentative Board of Adjustment Meeting Date Schedule –

The Board Secretary is to look for date for and additional meeting in either April or May.

Discussion re: reappointments: Marinello, DiPiazza, and Cartine

If interested fill out the form emailed to you today. 

Discussion re: scheduling-

Mr. Marinello – We have been discussing nights like tonight for months.  Should we start to over schedule our agendas or schedule with a rational amount of applications.  Mr.  Burgis – Most of my towns over schedule and make choices on how the meeting is going.  Board consensus – Allow additional residential cases let them know they may not be heard.

Mr. Gary Lewis, Planning Board Member – I have the Master Plan Land Use Element Draft and would invite your attendance at the November 10th Planning Board meeting to hear the overview of the Master Plan.

Planning Board Liaison report: Mr. Driscoll – Explained the Lincoln Park Savings bank application for the board.  Rails Steakhouse was approved at the 10/28/10 hearing.

ZC12-09 Aliotta, Guiseppe –121 Pine Brook Rd. – B: 127, L: 3 – variance for front setback 53.6’ where 58.5’ required; side yard 18.7’ where 22.81’ required for additions to single family residence -  carried with notice from 9/1/10        – Eligible: Buraszeski, Driscoll, Cartine, Hug, Kanoff, Moore, DiPiazza, Shirkey, Marinello                                          ACT BY: 11/10/10

No one in attendance for the application.  Act by date is 11/10/10. 

Motion to deny without prejudice for failure to submit proofs made by: Cartine; Second by: Buraszeski; Roll call: Yes - Moore; Driscoll, Cartine, Hug, Buraszeski, Mr. DiPiazza, Marinello

Motion to go into closed session to discuss board professionals

Motion by: Buraszeski; Second Driscoll; Roll Yes - Unanimous

Upon return from closed session and there being no further business the board unanimously adjourned.

Certified true copy of minutes adopted at Zoning Board meeting of December 1, 2010.

_______________________________________

Jane Grogaard, Secretary



[1] Absent with explanation

[2] Absent with explanation

 
Last Updated ( Friday, 21 January 2011 )
 
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