ZBoA Mnutes 1-3-08 Print E-mail

MONTVILLE TOWNSHIP

ZONING BOARD OF ADJUSTMENT

MINUTES OF JANUARY 3, 2008

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 – Present                                   James Marinello – Present

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

Maury Cartine– Present                                  Kenneth Shirkey (Alt #2) – Present

Gerard Hug – Present

Also Present:                 William Denzler, Planner

                                Hank Huelsebusch, Engineer

                                Stuart Reiser, Esq.

PLEDGE OF ALLEGIANCE

Stated for the record

REORGANIZATION

Appointment of Temporary Chairman – Motion to appoint Ms. Grogaard as Temporary Chair made by: Mr. Marinello; Second by: Mr. Hug.  Roll call: Unanimous.

Appointment of Chairman – Motion to appoint James Marinello made by: Dr. Kanoff, Second by: Mr. Cartine, Roll call: Unanimous.   Moved to close nominations: Mr. Hug, Second by Mr. Cartine; Roll call: Unanimous

Mr. Marinello welcomed Mr. Shirkey to the Board.

Appointment of Vice Chairman – Motion to appoint Maury Cartine made by: Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous.  Moved to close nominations: Mr. Hug, Second by Mr. Cartine; Roll call: Unanimous

Appointment of Secretary & Assistant Secretary – Motion to appoint Linda White as Secretary and Jane Grogaard as Assistant Secretary made by: Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous

Appointment of Recording Secretary - Motion to appoint Jane Grogaard as Recording Secretary made by: Dr. Kanoff, Second by: Mr. Cartine, Roll call: Unanimous

Appointment of Board of Adjustment Attorney & execution of Professional Service Agreement – Motion to appoint Bruce Ackerman, Esq. from Shapiro & Croland made by: Dr. Kanoff; Second by: Mr. Hug, Roll: Unanimous

Appointment of Board of Adjustment Engineer & execution of Professional Service Agreement – Motion to appoint R. Henry Huelsebusch, PE from Bricker and Associates made by: Dr. Kanoff, Second by: Mr. Hug, Roll call: Unanimous

Appointment of Board of Adjustment Planner & execution of Professional Service Agreement – Motion to appoint William Denzler, PP from William Denzler & Associates made by: Dr. Kanoff, Second by: Mr. Cartine, Roll call: Unanimous


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Designation of Meeting Nights for Board of                 Adjustment as follows:

                1st Wednesday of every month @ 8PM

                                               

                                January 3, 2008 *                                 July 2, 2008

                                February 6, 2008                                    August 6, 2008

March 5, 2008                                       September 3, 2008

                                March 17, 2008**                             October 1, 2008

April 2, 2008                                          November 5, 2008

May 7, 2008                                           December 3, 2008

June 4, 2008                                           January 7, 2009

*Changed due to conflict

**3rd Monday of the month (additional meeting)

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

Designation of Official Newspaper for Legal Purposes

a)The Daily Record & The Citizen of Morris County

b)  The Star Ledger

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

               

Adoption of By-Laws

Motion to adopt bylaws made by: Dr. Kanoff, Second by: Mr. Buraszeski, Roll call: Unanimous

Adoption of Annual Report

Motion to adopt made by: Mr. Hug, Second by: Mr. Buraszeski, Roll call: Unanimous

Mr. Buraszeski made a motion to appoint Dr. Kanoff, Mr. Hug and Mr. Marinello to the Invoice Review Subcommittee; Second by: Mr. Driscoll.  Roll call: Unanimous

Mr. Buraszeski made a motion to appoint Mr. Driscoll, Mr. Hug and Mr. Marinello to the Master Plan Subcommittee                                      

Swearing in of Professionals

The following applications were rescheduled to 3/5/08 at the applicant’s request with notice required:

ZC3-07 Badami, Christopher – 28 Montville Ave. – B: 51.02, L: 12 – construction of a 2 ½

story dwelling with variances for front setback 15’ vs 35’ required/side setback 6’ vs 13.88’ required/extension into yards 26” where 18” permitted for fireplace location/maximum building coverage 1,586 s.f. vs 1,541 s.f. permitted/maximum impervious coverage 3,467.5 s.f. vs 3081.4 s.f. allowed/accessory structure setback 20’ rear and side setback required 5’ rear and 5’ side setback proposed/accessory structure coverage 484 s.f. vs 162 s.f. allowed – carried w/ notice from 8/1/07- Eligible: Kanoff, Cartine, Hug, Driscoll, Buraszeski, Moore, DiPiazza, Marinello                                               New Notice required.                                                    ACT BY: 3/6/08

ZSPP/F27-05-31-06 DAB Associates – 43 Bellows Ln. – B: 41, L: 15 – pre/final site plan 6 unit

townhomes – variances for impervious coverage 17,649 s.f. vs 13,300 s.f. allowed & maximum

building height of 3 stories where 2 ½ allowed                                              ACT BY: 3/6/08


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OLD BUSINESS

NOTE: Mr. Driscoll enters

ZAC38-06 Lynch, Michael - B: 100.1, L: 9 – 36 Two Bridges Rd. – Variance filing – rear setback 27.1’ vs 50’ required and front setback of 38.4’ vs 45’ required - New Notice Acceptable                                                                                                                                            ACT BY: 1/4/08

Present on behalf of the applicant: Michael Rubin, Esq.; Joseph Mianecki, PE, PP; Michael Lynch, applicant, Paul Lynch, builder

Mr. Rubin – The applicant was here previously for an appeal from the zoning officer’s decision and we are here now for the application for bulk variances.  We are requesting rear yard and front yard setback variances. 

Mr. Mianecki – previously sworn

Exhibit marked in

A – 4 - Plot plan dated 11/23/07

Mr. Mianecki – The previous plan had an 18’ rear setback now proposing 38.4’ rear setback.  We have increased the rear setback by pulling house forward toward Berlin Lane and now require a front setback variance.  The house to the west is now shown on the plan as requested by the Board.  The proposed location of the house is within the pattern for the area.  There would not be a detriment to the area.  Currently all runoff pitches to the northwest.  With the proposed plan the runoff will drain toward Berlin Lane into an inlet.  We have done 5 test pits on the property.  The applicant has offered a right of way dedication along Two Bridges Rd along with a site triangle.  

Open to public

Mark Werheim – 4A Berlin Ln – previously sworn

I am concerned with drainage onto my property.  At the last rainfall I had 3” of water on my property.  Want to be certain that there is enough review being done that this will not make the current problems on my property worse.  Mr. Mianecki – There is a failsafe on the lower drywell that will bring runoff into Berlin Lane storm water system.  It will not exacerbate any problem that exists now.  The runoff will be reduced to this neighbor’s property. Mr. Huelsebusch – If the the roof drains to the lines are clogged part of the runoff will go toward Mr. Werheim’s property.  It looks like there is room to install a berm if the applicant is willing to install. 

James Dodgson – 35 Two Bridges Rd. - sworn

I have a problem with the rear yard setback.  There is construction going on down the street and the houses are smaller.  This house is too big for the size lot.  The applicant is not maintaining the property.  The setbacks proposed are too small.

Mr. Denzler – How does the size of the house compare to the houses in the neighborhood.  Mr. Mianecki – This will be one of the larger homes within 200’ but smaller and larger homes interspersed in neighborhoods are a common occurrence within the Township.  Mr. Mianecki – By orientating the house this way it allows for enhanced drainage plan.  Mr. Huelsebusch – Would suggest a berm or swale.  Mr. Mianecki – Will comply with berm with swale.

Dr. Kanoff – I have a problem with the size of the house in that neighborhood.  What is the square footage of the house?  Mr. Mianecki – I believe the house is 4,800 s.f.


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Paul Lynch – previously sworn

The lot is 27,000 s.f. where 20,000 s.f. is required.  The two adjacent lots are 10,000 s.f. and 12,000 s.f.  The size of the house on this lot is about the same size as the houses adjacent. The proposed house is 4,800 s.f. including the garage.  Since we were not permitted to pick the front yard we need the variances.  Because of the ordinance requiring a historical front yard we would have less variances required.  Mr. Mianecki – If allowed to pick the front yard it would be a variance free application.   Mr. Buraszeski – They are not asking for impervious or building coverage variances.  Corner lots create difficulties for a lot of people.  There will be a better containment of water from the property. 

Mr. Moore asked where the berm would be located on the property.  Mr. Mianecki – Will bring the corner up and put in the berm.  Mr. Werheim – I would be agreeable to that.  Mr. Shirkey – There are patio doors out the back of the house will the client be back asking for another variance for coverage?  Mr. Mianecki – If the applicant can put in pavers in the driveway they would be allowed a small, at grade patio.

Mr. Michael Lynch, Applicant - sworn

Mr. Hug – Do you have any intensions of putting a deck on the back of this house?  Mr. Lynch – No.  Mr. Hug – Would you accept a condition of approval that you could not put a deck opposite Berlin Lane at anytime in the future?  Mr. Lynch - Yes.

Closed to public

Mr. Cartine – There doesn’t seem to be a lot of room for runoff with the smaller rear yard setback would rather see more water being absorbed into the applicant’s property before it runs off onto neighbor’s property.  The house is larger than most of the houses in the area.  Mr. Hug – The installation of the drywells and the berm may resolve some of the current runoff problems to the neighboring properties.  Mr. Marinello – Have not heard testimony as to how they attempted to reduce the variances requested.  Mr. Driscoll – They are doing the best they can to make it fit.  Mr. Moore – Overall they have tried to accommodate the board’s concerns at the previous meeting.

Motion to approve the application subject to right of way dedication, sight triangle, drainage, drywell and berm required, no deck or raised patio permitted at any time in the future made by: Mr. Moore; Second by: Mr. Hug; Roll call: Yes - Kanoff, Cartine, Hug, Driscoll, Buraszeski, Moore, No - Marinello

TRACK 2

CORRESPONDENCE

ZSPP/FCD24-97-03-06 Allbrite Car Wash - 11 Bloomfield Ave. - B: 162, L: 3 – request for extension of approvals to February 6, 2009

Joseph O’Niell, Esq. – Allbrite is in the process of finalizing plans for submission to the construction department it has taken longer than expected.  We request an extension of approvals for one year.

Mr. Buraszeski – Why 1 year, I suggest 6 months.

Motion to grant extension of approvals for 6 months to 8-6-08 made by: Mr. Buraszeski; Second by: Mr. Hug; Roll call - Buraszeski, Kanoff, Driscoll, Cartine, Hug, Moore, Marinello


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NEW BUSINESS

ZC21-07 Daghash, Attallah  – 115 Jacksonville Rd. – B: 31.2, L: 26.21 – variance for pool in side yard and 8’ fence where 6’ allowed - Notice Acceptable                            ACT BY: 1/29/08

Present on behalf of the applicant: Attallah Daghash, applicant; Freddy Daghash

Freddy Daghash - sworn

We are requesting a variance for a pool in the side yard which is not allowed.   The proposed location is a raised area and a perfect setup for a pool.  The setback from the street line is more than 50’ back.  It is technically a back yard but the way it lays out it is in the side yard. 

Open to pubic – none

Mr. Denzler – Variances requested are pool in side yard and fence of 4’ fence on top of a 4’ wall for a total of  8’ where 6’ is allowed.  You indicated that the pool could not be put behind the house could you make a smaller pool in the rear yard?  Mr. Daghash – If we put a pool in the rear yard it would be too close to the house and the property line.  Mr. Daghash – The wall exists so we had to work with that.  Mr. Denzler – Would you agree to additional landscaping in front of the fence for screening along the front of Jacksonville Rd.?  Mr. Daghash – Yes.  

Mr. Denzler – Can you meet the ordinance as it relates to no disturbance within 4’ of the seasonal high water table?  Mr. Daghash – Do not know.  Mr. Denzler – Suggest that if the application is approved it be subject to meeting the seasonal high water table requirements.  Mr. Huelsebusch – What is the maximum depth of the pool?  Mr. Daghash – 9’ which is required for a diving board.  Mr. Huelsebusch – What type of fence is to be installed?  Mr. Daghash – White PVC.  Mr. Huelsebusch – You will be required to have flag men to safely get trucks in and out of the property at the location of the proposed pool. 

Mr. Buraszeski – Can we suggest a different type of fence?  Mr. Denzler – Landscaping should be located outside the fence.  Mr. Marinello – White PVC would be glaring.  Discussion ensued on different type of fencing.

Closed to public

Mr. Buraszeski – Would like a fence that is not so solid in appearance.  Mr. Marinello – Subject to deciduous and non deciduous landscaping outside the fence with a fence that has some light and air, though still accommodates privacy that still is within the ordinance as approved by Mr. Denzler.  Mr. Cartine – This is an irregular shaped lot which makes it a hardship to be placed behind the house, there would be  no detriment to public due to location of the pool.  Mr. Huelsebusch – The engineering department may require a drywell to be installed or a letter from an engineer stating that there will be no increase in runoff. 

Motion to approve the application subject to all testimony; the applicant is to meet the requirements for seasonal high water table, landscaping to be installed outside the fence; the fence to have some light and air as approved by the Board Planner; no detriment to public good, irregular shaped lot made by Mr. Buraszeski; Second by: Mr. Driscoll; Roll call: Yes - Kanoff, Cartine, Hug, Driscoll, Buraszeski, Moore, Marinello

TRACK 3

ZC7-07 Pecora, Martin – 6 Gathering Rd. – B: 141.04, L: 3 – side setback of 12.3’ (existing &

proposed) vs 15.61’ allowed for 2 story addition - Notice Acceptable                ACT BY: 1/29/08

Present on behalf of the applicant: Martin Pecora, applicant


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Martine Pecora, applicant - sworn

Current property conforms to the minimum requirements of the R-27A zone.  The current side setback is at 12.3’ which is the opposite side of  where the proposed 2nd story will be located.  I will install the driveway turnaround as requested.  We decided to go with the 2nd story addition so as to not create a coverage variance.  When the house was built the house faced the rear of the property and when the development behind went in, our house then faced Gathering Road, which created the requirement of a very long driveway.  We are trying to build without creating additional variances. 

Mr. Denzler – The variance requested is for side setback.  In1999 the property was granted a rear and side setback variance.  The variance is triggered due to 2nd story but the 2nd story is on the opposite side of the property.  Mr. Huelsebusch – You are increasing the impervious coverage and the engineering department may require a drywell or a letter from an engineer stating that there will be no increase in runoff.

Open to public

Brigitte Garces, Gathering Road – sworn

Will the house be closer to our property?  Mr. Denzler – The applicant is going up, there will be no change to the setback.

Closed to public

Mr. Marinello – Would a 2 story building be in compliance with the neighborhood?  Mr. Denzler – Yes.

Motion to approve the application, no detriment to neighborhood,  existing setback, consistent with zoning ordinance made by: Mr. Moore; Second by: Mr. Driscoll; Roll call: Yes - Kanoff, Cartine, Hug, Driscoll, Buraszeski, Moore, Marinello

Mr. Marinello – Requested a member to be on the water conservation subcommittee.

Mr. Hug made a motion to appoint Mr. Cartine, Mr. Moore and Mr. Marinello to the Water Conservation Subcommittee; Second by: Mr. Driscoll.  Roll call: Unanimous

OTHER BUSINESS

ZDC12-07 Quick Chek – 384-398 Rt. 202 – Use Variance – The applicant withdrew the application without prejudice

ZSPP/FCD5-07 Dunkin Donuts – 263 Changebridge Rd. – B: 149.04, L: 6 – amended site plan/use/bulk variances for fast food restaurant – Applicant withdrew the application without prejudice

MINUTES:

Minutes of December 5, 2007 - Eligible: Kanoff, Driscoll, Cartine, Buraszeski, Hug, Moore, DiPiazza, Marinello

Motion to adopt made by: Mr. Driscoll, Second by: Mr. Hug. Roll call: Yes- Kanoff, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello; Abstained - Mr. Buraszeski

INVOICES:

William Denzler & Associates – Trust for: $120, $60, $60, $180, $540, $30, $360, $120, $240, $60, $240

Bricker & Assoc – Trust for: $540, $600, $960, $480, $240, $240, $240, $360, $210, $1,080, $360

Shapiro & Croland – O/E for: $120; Trust for: $780, $180


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Johnson, Murphy – Trust for: $45

Omland Engineering – Trust for: $570

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

Motion to create position of Planning Board Liaison for Mr. Driscoll made by Mr. Buraszeski, Second by: Mr. Moore; Roll call: Yes – Kanoff, Driscoll, Cartine, Moore, DiPiazza, Mr. Buraszeski, Marinello; Abstain - Hug

RESOLUTIONS

ZC13-07 Bancala – 33 Forest Place – B: 109, L: 29        - construction of a 2-car detached garage variances for accessory structure height of 16.6’ vs 14’ allowed; accessory structure in a front yard which is not allowed – Approval Resolution – Eligible: Kanoff, Driscoll, Buraszeski, Hug, Moore, DiPiazza, Marinello

Motion to adopt made by: Mr. Buraszeski; Second by: Mr. Driscoll; Roll call:  Yes – Kanoff, Driscoll, Buraszeski, Hug, Moore, DiPiazza, Marinello

ZSPP/CD4-07 Paul Miller Auto - B: 160.2, L: 9 – 51 Stiles Ln. – site plan/use and bulk

variances for occupancy of existing industrial warehouse and associated parking lot to store new

and used automobiles associated with the various local Paul Miller dealerships -                 carried /notice from 8/1/07, carried with new notice required from 11/7/07 – Eligible: Kanoff, Cartine, Hug, Driscoll, Moore, DiPiazza – Approval resolution

Ms. Grogaard reviewed changes made to the resolution as follows: Block number revised to 160.02; last sentence in finding 2 amended to reflect the restrictions are applicable to this use only; condition 10 reflect installation of sidewalks along the frontage of this building; condition 17 deleted the reference to providing road widening.

Motion to adopt as amended made by: Mr. Cartine; Second by: Mr. Driscoll; Roll call:  Yes – Kanoff, Cartine, Hug, Driscoll, Moore, DiPiazza

ZC42-04 Nelson – 31 Sunset Ct. – B: 125.16, L: 8 – request for 6 month extension of approvals to

6/3/08 – Eligible: Kanoff, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello – Granted

Motion to adopt made by: Mr. Driscoll; Second by: Mr.  Moore; Roll call:  Yes – Kanoff, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello

ZSPP/FCD/ZMN35-06 – Anton Co. – 1275 Bloomfield Ave. – B: 181, L: 1 – minor subdivision/prel/final site plan with Use and bulk variances for construction of a 2 story mixed use commercial building.  Approval Resolution -  Eligible: Mr. Buraszeski, Dr. Kanoff, Mr. Driscoll, Mr. Cartine, Mr. Hug, Mr. Moore, Mr. DiPiazza, Mr. Marinello - REVISED

Motion to adopt as revised made by: Mr. Cartine; Second by: Mr.  Moore; Roll call:  Yes – Buraszeski, Kanoff, Driscoll, Cartine, Hug, Moore, DiPiazza, Marinello

Motion to go into closed session to discuss legal issues made by: Mr. Driscoll; Second by: Mr. Moore; Roll call: Unanimous

Upon return from closed session and there being no further business there was a motion to unanimously adjourn made by Mr. Hug, Seconded by: Mr. Cartine; Roll call – Unanimous


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Respectfully submitted,

Jane Grogaard

Recording Secretary

Certified true copy of minutes adopted at Zoning Board meeting of February 6, 2008.

_______________________________________

Linda M. White, Sec.

 

 
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