|
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
Page 2
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.
Page
3
3/7/07
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
Page
4
3/7/07
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
Page
5
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 11/1/06 & 12/6/06 hearing
Certified to
11/1/06 & 12/6/06
|
