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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
Page
2
1/3/08
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
Page 3
1/3/08
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.
Page
4
1/3/08
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
Page
5
1/3/08
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
Page
6
1/3/08
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
Page
7
1/3/08
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
Page 8
1/3/08
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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