ZBoA Minutes 3-7-07 Print E-mail

MONTVILLE TOWNSHIP

ZONING BOARD OF ADJUSTMENT

MINUTES OF MARCH 7, 2007

Montville Municipal Building, 195 Changebridge Road

8:00PM Regular Meeting

STATEMENT OF COMPLIANCE

Stated for the record.

ROLL CALL:

Christopher Braden - Present                   Thomas Buraszeski - Present

Donald Kanoff - Present                                     James Marinello - Present

Deane Driscoll - Present                                    Richard Moore (Alt #1) - Present

Maury Cartine – Present                                   Carl DiPiazza (Alt #2) - Present

Gerard Hug - Present

Also Present:                 William Denzler, Planner

                                Hank Huelsebusch, Engineer

                                Bruce Ackerman, Esq.

PLEDGE OF ALLEGIANCE

Stated for the record

Swearing in of Professionals

The following application was carried with new notice required to 5/2/07:

ZC18-03 Ptaszek - 21 Rockledge Rd. – B: 13, L: 22 – construction of a single-family residence – variances requested for lot size 18,564 s.f. vs 27,000 s.f.; front setback 25.2’ vs 50’; wall/fence height 9’ vs 6’; design exception driveway slopes exceed 10%; development within steep slopes; grade changes of 1’ within 5’ of the property line; slope regulation in environmentally sensitive area – Carried w/notice from 5/3/06 Eligible: Mr. Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Braden, Mr. Moore, Mr. DiPiazza, Mr. Marinello                                                                                                                                                                               ACT BY: 5/31/07

This application was originally noticed in November of 2005.  Requesting that new notice be required for the May 2, 2007 hearing.

The following applications were carried with notice preserved to 5/2/07:

ZMS/D04-06 Raykov– 778 Rt. 202 – B: 110, L: 1 – certificate of pre-existing non-conformity, expansion of non-conforming use and minor site plan; accessory structure setback from principal building .5’ vs 10’; accessory structure rear setback 2.5’ where 5’ required - carried w/notice from 11/1/0, 12/6/06 & 1/3/07.  New notice acceptable1/3/07 -  Eligible: Mr. Buraszeski; Mr. Hug; Dr. Kanoff; Mr. Cartine; Mr. Driscoll; Mr. Braden, Mr. DiPiazza; Mr. Moore; Mr. Marinello              

ACT BY: 5/3/07

ZC20-06 Apple Creek – 4 Berlin Ln..– B: 100.1, L: 8 – front setback 17.37’ vs 45’ to unnamed right of way and 42’ to Berlin Ln./rear setback 23.10’ vs 50’ for construction of a new home carried w/ notice from 1/3/07  Eligible: Mr. Hug; Dr. Kanoff; Mr. Cartine; Mr. Driscoll; Mr. Moore; Mr. DiPiazza; Mr. Marinello                                                               ACT BY: 5/3/07


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3/7/07

The following application was rescheduled with notice required to 5/2/07:

ZBC11-06 Abbott – 80A Stonybrook Rd.– B: 3, L:14.04 – interpretation pertaining to gravel as impervious surface/impervious coverage of 32,206 s.f. vs 13,300 s.f. allowed addition to single family home                                                                                                           ACT BY: 6/30/07

The following application was rescheduled with notice required to 4/4/07:

ZC35-05 Sachdev – B: 24.2, L: 32 – 10 Indian Ln – side setback10.5’ (existing and proposed) where 47’ required/setback from utility easement 11’ where 50’ required/lot area of 70,742 s.f. vs 120,000 s.f./ lot width 195’ (existing & proposed) vs 216’ demolish existing house and rebuild               

                                                                                                                                ACT BY: 5/11/07

OLD BUSINESS

ZCD28-06 Lignac – 18 Glen Terr – B: 9, L: 13 – Use & Bulk relief – existing dwelling to remain during construction of a single family dwelling/slope disturbance.  Carried w/notice from 1/3/07 – Eligible: Mr. Buraszeski; Mr. Hug; Dr. Kanoff; Mr. Cartine; Mr. Braden; Mr. Driscoll; Mr. Moore; Mr. DiPiazza; Mr. Marinello                                                               ACT BY: 3/8/07

Present on behalf of the applicant: Steven Schepis, Esq.; Alex Lignac, applicant; Frank Matarazzo, PE

Mr. Schepis – The Board gave us some direction at the January meeting and we submitted an alternate layout plan.

                A2 – aerial photo of property

Mr. Schepis – Submitted a letter from Atrium Home Company on Route of travel of the modular home.  Secured correspondence from All State Blasting who stated that the rock on site can be hammered and no blasting will be required.  We have received reports from the Township Engineer, Board of Health, Traffic Safety Officer and DPW as requested by the Board Engineer and the Lignac’s will comply with the reports. 

Mr. Matarazzo, PE - previously sworn

I analyzed the possibility of relocating the house on the property. 

                A3 – colorized map Alternate House Layout

Mr. Matarazzo – Shows the house forward toward the street.  This location requires a front yard setback.  The original plan showed 75’ front setback where this layout shows 35’ front setback.  Alternate plan has design exceptions from 2 slope categories where original plan had exceptions from 3 slope categories.  There is a potential for building height and stories variances on the alternate layout where the original plan complies.  The houses to the left and to the right of this property are set back quite a bit.  The existing dwelling is very close to the road.  The aerial photo shows it in the road.   The existing dwelling is 17’ off the road.  The alternate plan would have a higher visual impact they the original plan. 

Mr. Matarazzo – If the house was constructed as shown on the alternate plan it would stand out quite a bit.  The original layout had a lesser visual impact since pushed back on the lot.  The original plan complies with all bulk requirements where the alternate plan does not.  The issue of the variances outweighs the issue of the design exceptions.  The original plan is a better plan.  The original plan has deviations from 3 slope categories and requesting a D variance for 2 houses on one lot during construction of the new dwelling.  There will be soil erosion measures during construction.  All disturbed areas will be top soiled and seeded with grass.  There are deviations from the slope categories in either layout. 


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Mr. Denzler – What did you use on the alternative layout to pick that location?  Mr. Matarazzo – It is basically in the same location of the existing house.  It was in the center of the lot and that is where the driveway would work.  Mr. Denzler - The alternative plan would create a significant front yard setback variance and height variance which would be a substantial detriment to the neighborhood.  The alternative plan would have a far greater impact.  Mr. Huelsebusch – Did you review sight distance between the 2 designs?  Mr. Matarazzo – The driveway on the alternate layout is more westerly which brings you closer to the bend in the road.   There is not much of a difference between the plans as it relates to sight distance.  Mr. Huelsebusch – Will you install underground detention?  Mr. Matarazzo – During construction would do a small open basin that would be filled in after construction.  Mr. Huelsebusch – Put in a temporary trench during construction.  Mr. Matarazzo – Agreed.  Mr. Huelsebusch – Recommend that the sight distance be maximized if approved by the Board.  Mr. Schepis – Agreed.

Open to public – none

Dr. Kanoff – I thought if you moved the house closer there would be less variance.  Mr. Matarazzo – The Board was trying to reduce slope disturbance but in doing so it creates other variances.  Mr. Hug – Do you think a permanent drywell should be put in?  Mr. Huelsebusch – If it can be designed then I would recommend but this is a difficult site.  Mr. Matarazzo – Can put in a drywell between the existing dwelling and the existing driveway.  Mr. Marinello – Grass does not grow there; would they have to put in something else?  Mr. Huelsebusch – They would have to install something that would stabilize the soil.  Mr. Marinello – Is there an issue with 2 houses on one lot?  Mr. Denzler – It is part of the ordinance that has been there forever; the requests are becoming more frequent.

Mr. Driscoll – Will this be a 2 or 3-story building?  Mr. Matarazzo – Propose a 2-½-story building.     Mr. Hug – How long will construction take from start to finish.  Mr. Schepis – 9 months.  Bonding will be supplied for demolition of existing house and no CO until existing house demolished.

Closed public portion.

Motion to approve 2 house on one lot during construction and design exceptions from slope disturbance subject to installation of a permanent drywell, soil stabilization measures, matting on slope, no blasting, compliance with all agency findings; bonding required for demolition of existing house; no CO until existing house demolished, construction and demolition to be completed by 12/31/07 made by: Dr. Kanoff; Second by: Mr. Hug; Roll call: Mr. Buraszeski; Mr. Hug; Dr. Kanoff; Mr. Cartine; Mr. Braden; Mr. Driscoll; No - Mr. Marinello

NEW BUSINESS

ZC39-06 – Konvalinka - B: 78, L: 4 – 49 Hillcrest Ave. – front setback 47.5’ vs 50’ for roofed

entryway - Notice Acceptable                                                                            ACT BY: 5/21/07

Present on behalf of the applicant: Jiri Konvalinka, Applicant

Mr. Konvalinka - sworn

The overhang we want to put over the existing stairs to cover the top of the platform, which will encroach into the setback.  We are on a corner lot where there are 2 front setbacks.  Requesting front setback 47.5’ where 50’ is required.  Mr. Denzler – The 9’ x 4’ entryway cover will encroach into the front setback by 2 ½’.  Mr. Denzler – Why do you need the covered entryway?  Mr. Konvalinka – The porch will look more visibly pleasing and to cover people who come to the house during bad weather.   Mr. Denzler – Will it be enclosed?  Mr. Konvalinka – No it would not be enclosed. 

Open to public – none


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Mr. Braden – You are just covering the steps?  Mr. Konvalinka – Yes.  Mr. Buraszeski – Is there other houses on the street that do not meet the setbacks.  Mr. Konvalinka – Yes.  Mr. Marinello – This is a corner lot, if the Chestnut was considered the side would a variance be required?  Mr. Denzler – No.


Closed to public

Mr. Marinello – I noticed additional resolutions on this property is that a problem?  Mr. Denzler – It is consistent with previous approvals.

Motion to approve open aired entryway, will never be enclosed, the benefits outweigh the detriments; no detriment to zoning ordinance:  Mr. Cartine; Second by: Mr. Driscoll; Roll call: Mr. Buraszeski; Mr. Hug; Dr. Kanoff; Mr. Cartine; Mr. Braden; Mr. Driscoll; No - Mr. Marinello

OTHER BUSINESS

Discussion re: COAH and Highlands Subcommittee

Mr. Moore will be on the Highlands subcommittee.

Mr. DiPiazza will be on the COAH subcommittee.

Discussion ensued on repeat requests for applications to be carried.  Professionals to give thought on how to deal with repeat carry overs for next meeting. 

MINUTES:

Minutes of February 7, 2007 - Eligible: Mr. Buraszeski; Mr. Hug; Dr. Kanoff; Mr. Cartine; Mr. Driscoll; Mr. Moore; Mr. DiPiazza; Mr. Marinello

Motion to adopt as amended made by: Mr. Driscoll, Second by: Mr. Buraszeski; Roll call: Unanimous

INVOICES:

Bricker & Assoc – Trust for: $360; $120; $120; $840; $210; $1,740.00

William Denzler & Assoc. – O/E for: $30; Trust for: $60, $60, $780, $60, $150, $600, $90, $150,

$240, $60, $120, $150, $180; $240; $240

                Shapiro & Croland – O/E for: $300; Trust for: $300; $810

Motion to approve made by: Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous

RESOLUTIONS

ZSPP/CD24-97-03-06 Allbrite Car Wash - 11 Bloomfield Ave. - B: 162, L: 3 – amended prelim/final site – Approval resolution Eligible: Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Buraszeski, Mr. Moore, Mr. DiPiazza, Mr. Marinello             

Mr. Buraszeski – On page 11 change no certificate of occupancy shall issue to shall  “be” issued.  Sub paragraph J will have to double check math on signage.

Motion to adopt as amended made by: Mr. Cartine; Second by: Mr. Hug; Roll call:  Yes – Unanimous


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3/7/07

ZC40-04-37-06 Locantore - B: 4, L: 11 - 23 Turkey Hill Rd. – side setback/combined sides addition    Approval Resolution – Eligible: Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Buraszeski, Mr. Moore, Mr. Marinello             

Motion to adopt made by:  Mr. Buraszeski; Second by: Dr. Kanoff; Roll call:  Yes – Unanimous

CORRESPONDENCE

NONE

There being no further business there was a motion to unanimously adjourn made by Mr. Hug, Seconded by: Mr. Cartine

Respectfully submitted,

Jane Grogaard

Recording Secretary

Certified true copy of minutes adopted at Zoning Board meeting of April 4, 2007.

_______________________________________

Linda M. White, Sec.

Must certify to 5/3/06 hearing

Must certify to 5/3/06

Must certify to 11/1/06 & 12/6/06 hearing

Certified to 11/1/06 & 12/6/06

 

 
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