A
regular and reorganization meeting of the Board of Adjustment of the Township of Roxbury was
held on the above date at 7:30 p.m.
BOARD
MEMBERS PRESENT: Robert Kurtz, Mark Crowley, Joyce Dargel, Heather Darling,
Barbara Kinback, Peter Giardina, Candy DeVenezia, Gail Robortaccio, Sebastian
D’Amato.
PROFESSIONAL
STAFF PRESENT: Larry Wiener, Russell Stern, John Hansen.
Ms.
DeMasi announced the Board appointments for 2006:
Ms.
Darling is reappointed for the unexpired term of Kathy DeFillippo; Mr. D’Amato
has been appointed as a regular member for 4 years; Mr. Giardina has been
appointed as Alternate #1; Ms. DeVenezia has been appointed as Alternate #2.
Ms.
DeMasi asked for nominations for Chairperson.
Ms.
Dargel nominated Gail Robortaccio. Mr. Crowley seconded.
There
were no other nominations.
Roll
as follows: Ms. Dargel, yes; Mr. Crowley, yes; Ms. Kinback, yes; Mr. Giardina;
yes; Ms. DeVenezia, yes; Mr. D’Amato, yes; Mr. Kurtz, yes; Ms. Robortaccio,
abstain.
Ms.
Robortaccio assumed the Chair and asked for nominations for Vice Chairperson.
Ms.
Dargel nominated Mark Crowley. Mr. Kurtz seconded.
There
were no other nominations.
Roll
as follows: Ms. Dargel, yes; Mr. Kurtz, yes; Ms. DeVenezia, yes; Mr. Giardina,
yes; Ms. Kinback, yes; Ms. Darling, yes; Mr. Crowley, abstain; Ms. D’Amato,
yes; Ms. Robortaccio, yes.
Ms.
Robortaccio asked for nominations for Board Secretary.
Ms.
Dargel nominated Dolores DeMasi. Ms. DeVenezia seconded.
There
were no other nominations.
Roll
as follows: Ms. Dargel, yes; Ms. DeVenezia, yes; Mr. Giardina, yes; Ms.
Kinback, yes; Ms. Darling, yes; Mr. Crowley, yes; Mr. D’Amato, yes; Mr. Kurtz,
yes; Ms. Robortaccio, yes.
Ms.
Robortaccio read the “Open Public Meetings Act”.
Resolution
#1
RESOLUTION
TO PROVIDE ANNUAL
NOTICE OF MEETINGS
WHEREAS,
the Board of Adjustment of the Township of Roxbury, Morris County, New Jersey, must provide annual notice
to all regular meetings to be held by said Board during the calendar year 2006.
NOW, THEREFORE BE IT RESOLVED that the schedule of
regular meeting dates annexed hereto as Exhibit A, be and hereby declared to be
the official list of dates of regular meetings to be held by the Board for the
calendar year 2005 being the second Monday of each month.
BE
IT FURTHER RESOLVED that said meetings shall commence at 7:30p.m.; unless
otherwise called by the Municipal Building, 1715 Route 46, Ledgewood, New Jersey
EXHIBIT A
January 9, 2006 July 10, 2006
February 13, 2006 August 14, 2006
March 13, 2006 September 11, 2006
April 10, 2006 October 16, 2006
May 8, 2006 November 9, 2006
June 12, 2006 December 11, 2006
Ms.
Dargel made a motion to approve the resolution. Mr. Kurtz seconded.
Roll
as follows: Ms. Dargel, yes; Mr. Kurtz, yes; Ms. DeVenezia, yes; Mr. Giardina,
yes; Ms. Kinback, yes; Ms. Darling, yes; Mr. Crowley, yes; Mr. D’Amato, yes;
Ms. Robortaccio, yes.
Resolution
#2
REVISED RESOLUTION FOR NOTICES AND
DESIGNATING NEWSPAPERS
WHEREAS, the
Zoning Board of Adjustment of the Township of Roxbury, Morris County, New
Jersey, is required to select a public place for the posting of notices all
regular and special meetings; and
WHEREAS, said
Board must provide notice of all regular and special meetings to at least
two(2) newspapers, one of which must be the official municipal newspaper.
NOW, THEREFORE
BE IT RESOLVED that the public place for the posting of notices of all regular
and special meetings of said Board be the bulletin board for the calendar year
2006, located within the Municipal Building of the municipality located at 1715
Route 46, Ledgewood, New Jersey, and
BE IT FURTHER
RESOLVED that all notices of the meeting of this board be furnished to the
following newspapers as designated by the Township Council.
Daily Record
Roxbury Register
Star Ledger
Ms.
Kinback made a motion to approve the resolution. Mr. Kurtz seconded.
Discussion.
Changes noted and made.
Roll
as follows: Ms. Kinback, yes; Mr. Kurtz, yes; Ms. DeVenezia, yes; Ms. Dargel,
yes; Mr. Giardina, yes; Ms. Darling, yes; Mr. Crowley, yes; Mr. D’Amato, yes;
Ms. Robortaccio, yes.
Resolution
#3
RESOLUTION FIXING “FEES” FOR NOTICE OF MEETING
WHEREAS,
N.J.S. 10:4-6 et. Seq. Known as the “Open Public Meetings Act”, provides for
the fixing of a reasonable charge to be paid by any person requesting
notification of meetings of the Board of Adjustment.
NOW,
THEREFORE BE IT RESOLVED, by the Board of Adjustment of the Township of Roxbury
that the sum of $40.00 is hereby fixed as a fee to be paid by anyone requesting
that notices of meetings of the Board of Adjustment of the Township of Roxbury
for the 2006 calendar year to be mailed to such person; but, as provided in
N.J.S. 40:4-19, no charge shall be made to any newspaper requesting the mail of
such notices to its business office.
Mr.
Kurtz made a motion to approve the resolution. Mr. Crowley seconded.
Roll
as follows: Mr. Kurtz, yes; Mr. Crowley, yes; Ms. Dargel, yes; Ms. Darling,
yes; Ms. Kinback, yes; Mr. Giardina, yes; Ms. DeVenezia, yes; Ms. D’Amato, yes;
Ms. Robortaccio, yes.
Resolution
#4a
RESOLUTION OF THE TOWNSHIP OF ROXBURY,
COUNTY OF MORRIS, STATE
OF NEW JERSEY,
AUTHORIZING THE AWARD OF A CONTRACT
FOR ZONING BOARD OF ADJUSTMENT ATTORNEY
WHEREAS,
the Zoning Board of Adjustment of the Township of Roxbury has a need to
obtain the services of a Zoning Board Attorney and has determined to award
this contract as a professional service without obtaining competitive bids or
quotations pursuant to the provisions of N.J.S.A. 19:44A-20-5; and
WHEREAS,
the Township has determined and certified in writing that the value of the
service will exceed $17,500.00; and
WHEREAS,
Larry Wiener, Esq. has submitted a proposal indicating that he will
provide the legal services of Township Zoning Board of Adjustment Attorney at
an hourly rate of $135.00 per hour for services rendered; and
WHEREAS,
Larry Wiener, Esq. has completed and submitted a Business Entity Disclosure
Certification which certifies that he has not made any reportable contributions
to a political or candidate committee in the Township of Roxbury for the
previous one year, and that the contract will prohibit him from making any
reportable contributions through the term of the contract; and
WHEREAS,
the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that
the resolution authorizing the award of contracts for “ Professional Services”
without competitive bids and the contract itself must be available for public
inspection; and
WHEREAS,
the Chief Financial Officer has certified that the funds are available for
this contract.
NOW,
THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Roxbury, in the County of Morris and State of New Jersey, that the Township of
Roxbury hereby appoints Larry Wiener, Esq. as Zoning Board of Adjustment
Attorney and authorizes the execution of a contract to Larry Wiener, Esq. in
accordance with the terms and conditions set forth herein; and
BE
IT FURTHER RESOLVED a notice of this action shall be printed once in the
legal newspaper of the Township of Roxbury as required by law.
This
resolution shall take effect immediately.
Mr.
Kurtz made a motion to approve the resolution. Mr. Crowley seconded.
Roll
as follows: Mr. Kurtz, yes; Mr. Crowley, yes; Ms. DeVenezia, yes; Mr.
Giardina, yes; Ms. Kinback, yes; Ms. Darling, yes; Ms. Dargel, yes; Mr.
D’Amato, yes; Ms. Robortaccio, yes.
Resolution
4b
Ms.
Robortaccio stated this year we are recommending appointing a new engineering
firm. Some of the Board members, and staff and people on the Planning Board
interviewed 6 top engineering firms. Ferriero Engineers seemed to be a great
match for Roxbury. If appointed, John Hansen would be the engineer assigned to
the Zoning Board.
RESOLUTION OF THE TOWNSHIP OF ROXBURY,
COUNTY OF MORRIS, STATE
OF NEW JERSEY,
AUTHORIZING THE AWARD OF A CONTRACT
FOR ZONING BOARD OF ADJUSTMENT ENGINEER
WHEREAS,
the Zoning Board of Adjustment of the Township of Roxbury has a need to
obtain the services of a Zoning Board Engineer and has determined to award
this contract as a professional service without obtaining competitive bids or
quotations pursuant to the provisions of N.J.S.A. 19:44A-20-5; and
WHEREAS,
the Township has determined and certified in writing that the value of the
service will exceed $17,500.00; and
WHEREAS,
Ferriero
Engineering has
submitted a proposal indicating that he will provide the legal services of
Township Zoning Board of Adjustment Engineer at an hourly rate of $115.00 per
hour for services rendered; and
WHEREAS,
Ferriero Engineering has completed and submitted a Business Entity
Disclosure Certification which certifies that he has not made any reportable
contributions to a political or candidate committee in the Township of Roxbury
for the previous one year, and that the contract will prohibit him from making
any reportable contributions through the term of the contract; and
WHEREAS,
the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that
the resolution authorizing the award of contracts for “ Professional Services”
without competitive bids and the contract itself must be available for public
inspection; and
WHEREAS,
the Chief Financial Officer has certified that the funds are available for
this contract.
NOW,
THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Roxbury, in the County of Morris and State of New Jersey, that the Township of
Roxbury hereby appoints John Hansen of Ferriero Engineering as Zoning Board of
Adjustment Engineer and authorizes the execution of a contract to Ferriero Engineering in
accordance with the terms and conditions set forth herein; and
BE
IT FURTHER RESOLVED a notice of this action shall be printed once in the
legal newspaper of the Township of Roxbury as required by law.
This
resolution shall take effect immediately.
Mr.
Crowley made a motion to approve the resolution. Mr. Kurtz seconded.
Roll
as follows: Mr. Crowley, yes; Mr. Kurtz, yes; Ms. DeVenezia, yes; Mr. Giardina,
yes; Ms. Kinback, yes; Ms. Darling, yes; Ms. Dargel, yes; Mr. D’Amato, yes; Ms.
Robortaccio, yes.
Ms.
Dargel stated Tom Bodolsky gave us 12 years of time and effort and thanked him
for that.
Minutes of 12/12/05
Ms.
Dargel made a motion to approve the minutes. Mr. Crowley seconded.
Discussion.
Changes noted and made.
Roll
as follows: Ms. Dargel, yes; Mr. Crowley, yes; Ms. Kinback, yes; Ms. Darling,
yes; Mr. Kurtz, abstain; Ms. Robortaccio, yes.
RESOLUTIONS
BA-50-05 – OLIVER PUIG/JOHN LOMBARDI – VARIANCE FOR SIDE YARD SETBACK
FOR DECK LOCATED ON LEE AVE. BLOCK 11804, LOT
4 IN R-3 ZONE
RESOLUTION OF FINDINGS AND CONCLUSIONS
BOARD OF ADJUSTMENT
TOWNSHIP
OF ROXBURY
RESOLUTION
Approved: December 12, 2005
Memorialized: January 9, 2006
WHEREAS, the
Board, after carefully considering the evidence presented by the applicant and
having conducted a public hearing has made the following factual findings:
1.
At the time the
matter was called to public hearing, there was some uncertainty as to who the
applicant should be. The application, as originally presented, listed the
applicant’s contractor, Oliver Puig. John Lombardi, Sr., one of the co-owners
of the property, was present at the meeting and also had a notarized statement
from his wife (co-owner of the property) indicating her consent to the
application. The Board allowed Mr. Lombardi to amend the application to
indicate that the applicants were John Lombardi and DeAnna Lombardi, the owners
of the property.
2.
The site is
presently improved with the applicant’s single family home.
3.
The applicant’s
were proposing to construct a deck along the westerly side of the existing
home. Same would be 30’x5’ (along the side) and then 12’x25’ in the rear as
depicted on a plot plan attached to the application.
4.
The applicant also
submitted a digital photograph with the application showing the general area of
the home where the deck would be located.
5.
Applicant received
a letter of denial dated 6/8/05 from Tom Potere, the Zoning Officer.
6.
During the course
of the 10/17/05 public hearing, the Board was having
a difficult time understanding the location and the impact of the location of
the deck that would be along the westerly side of the house. The applicant did
not provide a cross section or conceptualization of what the deck would look
like and the Board was also concerned about the relative height of this deck
and its proximity to a retaining wall that may or may not have been on the
applicant’s property along its common boundary with the most effective
adjoining property owner.
7.
Board members also
questioned the necessity of a 5’ wide deck and wondered whether same could be
narrowed. After due consideration, the applicant agreed to have the matter
carried to the 11/7/05 public hearing.
8.
The within matter
was carried to the 11/7/05 public hearing. The applicant
requested an extension and the matter was again carried to the 12/12/05 public hearing. The applicants did not appear on that date
and did not contact the Board or indicate that they were going to proceed with
the application.
9.
Based on the
foregoing, the Board has no choice but to deny the application without
prejudice. Findings of fact noted above merely reflect the testimony at the
one public hearing at which the applicant appeared. This should be made part
of the permanent record of the subject property.
THEREFORE, BE IT
RESOLVED by the Board of Adjustment of the Township of Roxbury on the 12th day of
December, 2005 that the within application be denied without prejudice. The
Board having made no findings as to the ultimate merits of the within
application.
Mr.
Crowley made a motion to approve the resolution. Ms. Kinback seconded.
Roll
as follows: Mr. Crowley, yes; Ms. Kinback, yes; Ms. Darling, yes; Ms. Dargel,
yes; Ms. Robortaccio, yes.
BA-56-05 – CHARLES BAUTZ – VARIANCE FOR ADDITION TO EXISTING HOME
LOCATED ON KINGS HIGHWAY, BLOCK 9909, LOT
2 IN R-3 ZONE
RESOLUTION OF FINDINGS AND CONCLUSIONS
BOARD OF ADJUSTMENT
TOWNSHIP
OF ROXBURY
RESOLUTION
Approved: December 12, 2005
Memorialized: January 9, 2006
WHEREAS, the
Board, after carefully considering the evidence presented by the applicant and having
conducted a public hearing has made the following factual findings:
1.
The applicant is
the owner and occupant of the single-family home on site.
2.
The premises are
located on a corner lot in the Landing section of the Township.
3.
The property
“fronts” on Kings Highway and on the west 9th Avenue – a paper street.
4.
Applicant received
a letter of denial dated 11/9/05 from Tom Potere, the Zoning Officer.
5.
As noted, the
premises are a corner lot with two front yards. The applicant was proposing a
major addition, which would “attach” the garage to the house. As a result, the
garage becomes part of the house and its location (10’ from 9th Avenue) requires a variance from the 35’
front yard setback requirement.
6.
The applicant
submitted a plot plan showing the location of the proposed improvement,
elevation, and floor plan exhibits depicting proposed conditions.
7.
The site was
analyzed by the Township Engineer to verify compliance with steep slope
regulations. The project also complied with impervious coverage regulations.
WHEREAS, the
Board has determined that the relief requested by the applicant can be granted
without substantial detriment to the public good and without substantially
impairing the intent and purpose of the Zone Plan and Zoning Ordinance of the
Township of Roxbury for the following reasons:
1.
The variance is
more technical than substantive. The 10’ setback to the garage is an existing
condition. The upgrade to the premises is reasonable and the proposed area is
dictated and driven by on-site infrastructure.
2.
9th
Avenue is unlikely to
be improved and the impact will be minimal.
NOW,
THEREFORE, BE IT RESOLVED by the Board of Adjustment of the Township of Roxbury on the 12th day of December, 2005 that the approval of the
within application be granted subject, however, to the following
conditions:
1.
Addition to be
sized and located as depicted on the exhibits attached to the application.
Ms. Dargel made a motion to approve
the resolution. Mr. Crowley seconded.
Roll
as follows: Ms. Dargel, yes; Mr. Crowley, yes; Ms. Darling, yes; Ms. Kinback,
yes; Ms. Robortaccio, yes.
AGENDA
BA-5-06 – KENBAR
INVESTMENTS – FINAL SITE PLAN FOR PROPERTY LOCATED ON HILLCREST DR. BLOCK 8602,
LOTS 2, 3, 4, 5, 14, 15 IN LI/OR ZONE
Larry
Kron represented the applicant. He said we are here for final site plan
approval. We have received a report from Ferriero engineering and Mr. Stern.
Mr.
Hyman stated he agrees to the items in the memo and the ones that are safety
issues will be addressed prior to C.O. Those that won’t be accomplished prior
to C.O. will be bonded.
Mr.
Hansen stated his report dated 1/6/06 lists several items to be addressed prior
to C.O., particularly Items 1 through 10. On page 2, we state the final
survey is to be updated and a hard copy is to be provided in digital format,
and confirmation that all easements and rights of way dedication have been
filed.
Mr.
Wiener said approval will be subject to a further field inspection due to the
fact there was snow on the ground at the time of the inspection.
Mr.
Hyman agreed to bond for the remaining items in Mr. Hansen’s report. Items 11
through 20 are more aesthetic items and will be conditions of approval, but not
for C.O.
Ms.
Dargel said on the left is a trash enclosure and on the right is a transformer
pad.
Mr.
Hansen said there are two garbage compounds. The transformer is in the center.
Ms.
Dargel said on the forms from Mr. Secco dated 12/15/05, they are still talking
about proposed lots. Have those lots been split?
Mr.
Kron said the deeds were sent to Mr. Bucco and he has approved them, and they
will be filed. The lots will be merged with that action.
Mr.
Hyman said we will submit a new drawing.
Ms.
Dargel said there is a sign at Orben Drive and Route 46 advertising the units
for lease. Is the sign for this building there yet?
Mr.
Hyman said the foundation for the sign is there, but the sign is not up yet on
the site.
Ms.
Dargel asked how long the temporary sign will be up, and was it approved?
Mr.
Hyman said for real estate purposes, we are permitted to have the sign. We
intend to leave it there until we get tenants.
Mr.
Stern said that is up to Tom Potere to verify. It is possible it is over the
size that is permitted.
Ms.
DeMasi asked about the bond.
Mr.
Hansen said if the engineer can submit a cost estimate, he will review that and
do a final inspection.
RESOLUTION OF FINDINGS AND CONCLUSIONS
BOARD OF ADJUSTMENT
TOWNSHIP OF ROXBURY
RESOLUTION
WHEREAS, the Board, after carefully
considering the evidence presented by the applicant and having conducted a
public hearing has made the following factual findings:
- The applicant previously received “d” variance, “c”
variance(s), design waiver(s) and preliminary site plan approval
- The applicant is presently seeking Final Site plan
approval.
- The applicant submitted the following materials which
are described on Exhibit A attached to the within application.
- The applicant’s submissions were reviewed by the Board’s
consulting engineer John B. Hansen, PE and summarized in a written report
dated January 6, 2006 and the Township Planner Russell Stern submitted a
report dated January 9, 2006.
- As noted below, the Engineer and Planner found the
submissions to be substantially complete and conforming to the approvals
previously granted the applicant.
WHEREAS, the Board has determined that the
relief requested by the applicant can be granted without substantial detriment
to the public good and without substantially impairing the intent and purpose
of the Zone Plan and Zoning Ordinance of the Township of Roxbury for the
following reasons:
- The proposal conforms to the relief previously granted
to the applicant.
- The Professional staff (noting the conditions of
approval set forth below and on Exhibit B attached) has favorably
reviewed the within application.
NOW, THEREFORE, BE IT RESOLVED
by the Board of Adjustment of the Township of Roxbury on the 9th day of January
2006 that the approval of the within application be granted subject, however,
to the following conditions:
1.
Payment of all
fees, sureties, and escrows required by Ordinance.
2.
Subject to all
conditions of the prior resolutions of approval not expressly modified or
altered by this approval.
3.
Subject to the
review and approval of all other governmental agencies and/or subdivisions
thereof with joint and/or concurrent jurisdiction over the subject matter of
the within application.
4.
Entry into a
developer’s agreement (if deemed necessary) with the Township of Roxbury.
5.
All utility
locations to be depicted on the “as-built” drawings.
6.
The items set
forth on Exhibit B (as taken from the Township Planner’s report of 1/9/2006).
7.
Items 1 through
20 as set forth on Exhibit C (as taken from the Board Engineer’s report dated
1/6/06) and further (as stipulated by the applicant) to such state of facts
that may have been obscured or covered by snow.
8.
Applicant upon
completion of all site improvements shall submit final “as-built” survey in
hard copy and digital format.
9.
Applicant to
provide documentation that all required easements and right of way dedications
have been filed.
EXHIBIT A
application:
Site
Plan Drawings by G. Gloede and Associates, Oak Ridge, NJ, dated last revised
December 19, 2005, consisting of 11 sheets
As-built
survey by Edward Secco, NJLS #18607, Kenvil, NJ, dated December 15, 2005
Map
showing Metes and Bounds of proposed Subdivision, by Edward Secco, NJLS #18607,
Kenvil, NJ, dated November 22, 2005
Application
(undated)
Checklist
for Final Major Site Plan
Comparison
Report for Final checklist prepared by Barbara Hyman
Certification
of paid taxes from tax collector
Morris
County SCD certification dated June 1, 2005
EXHIBIT
B
Bold
typeface items are safety concerns
and should be completed prior to the issuance of a certificate of occupancy.
Other items may be bonded.
1.
Fill open trench along westerly
access road.
2.
Stabilize/seed northerly edge
of Hillcrest Avenue and to the east of the cul-de-sac. Remove vegetative
debris and construction equipment material from the right-of-way. Grade as
needed.
3.
Provide Hillcrest Avenue top
course. Bond until constructed.
4.
Remove topsoil stockpile from
the Hillcrest Avenue cul-de-sac.
5.
Remove snow fence from Hillcrest
Avenue.
6.
Top course of paving and hairpin
striping should be provided, weather permitting. Bond until installed.
7.
Remove granite block from
“future” parking area.
8.
Install curb at terminus of
“future” parking area.
9.
Topsoil, seed and find grade
septic area.
10.
Complete façade and install
gutters prior to issuance of a certificate of occupancy.
11.
Provide additional seeding of the
infiltration basin in the Spring.
12.
Provide split rail fence along
basin retaining wall where grade exceeds 4 feet in height or decrease wall
height to under 4 feet.
13.
Plumb “Do Not Enter” sign by
easterly side of building.
14.
Install building handrail at
northeast building corner.
15.
Install front foundation planting,
topsoil, beds and mulch. Provide landscaping along air conditioner condensers
and complete landscaping of property.
16.
Install freestanding lights
along front elevation.
17.
Remove portable toilet, debris,
construction material, equipment, and dumpsters.
18.
Remove sonotube from concrete
light foundation.
19.
Provide decorative stone in
beds along front building elevation.
20.
Seed utility cut leading to Route
46 in the Spring.
21.
Paint bollards.
22.
Install trash enclosures (pod
& posts installed).
23.
Install/locate hose bibs (rear and
front).
24.
Install freestanding sign at
applicant’s discretion.
25.
All planting beds adjacent to
sidewalks should be filled with topsoil and/or mulch to prevent tripping
hazards.
26.
As a result of snow cover, this
office could not entirely confirm the condition of surface improvements.
Consequently, a bond should be established to cover potential
omissions/repairs, if a visual inspection cannot occur prior to the issuance of
a certificate of occupancy.
EXHIBIT C
Mr.
Kurtz made a motion to approve the application and resolution with the items
agreed to. Mr. Crowley seconded.
Roll
as follows: Mr. Kurtz, yes; Mr. Crowley, yes; Ms. Dargel, yes; Ms. Darling,
yes; Ms. Kinback, yes; Mr. D’Amato, yes; Ms. Robortaccio, yes.
BA-1-06 – MARYANNE
DWYER-BERRY – VARIANCE FOR SETBACKS FOR ADDITION AND RAMP LOCATED ON 514
RYERSON RD. BLOCK 11407, LOT 6 IN R-3 ZONE
Maryanne
Dwyer- Berry was sworn in
Michael
Marvin
was sworn in.
Ms.
Dwyer-Berry said she wants to put an addition on the back with a deck and ramp.
I need it for handicap reasons, and need a bathroom and bedroom.
Ms.
Robortaccio said there are 3 variances required – side yard, impervious
coverage and building coverage.
Ms.
Dargel asked what the dimensions are for the rearyard setback
Mr.
Marvin
stated it would be 45 ½ feet from the back property line to the edge of the
stairs coming down from the new deck.
Ms.
Dargel asked where the stairs are located.
Marvin said they go down to the rear yard from the middle of
the back of the deck.
Ms.
Dargel asked if there was any consideration to putting the ramp to the back
Mr.
Marvin
said there would still need to be a sidewalk from the existing driveway to the
new ramp.
Mr.
Kurtz asked if everything is ADA approved.
Mr.
Marvin
said yes.
Mr.
D’Amato said the plan shows the section of the driveway next to the existing
dwelling is going to be removed. Is that for impervious coverage?
Ms.
Dwyer-Berry said she had said she would remove it if she had to.
Ms.
Robortaccio said the coverage is figured with the removal of the asphalt. It
should be taken out.
PUBLIC
PORTION OPENED
No
one stepped forward.
PUBLIC
PORTION CLOSED
Mr.
Crowley made a motion to approve the application. Ms. Kinback seconded.
Roll
as follows: Mr. Crowley, yes; Ms. Kinback, yes; Ms. Darling, yes; Ms. Dargel,
yes; Ms. D’Amato, yes; Mr. Kurtz, yes; Ms. Robortaccio, yes.
BA-2-06 - LUIS CARRERO - VARIANCE FOR ACCESSORY BUILDING MORE THAN 50%
LARGER THAN EXISTING HOME LOCATED ON 177 BERKSHIRE VALLEY RD. BLOCK 7001, LOT
11 IN R-2 ZONE
Luis
Carrero was sworn in.
Robin
Carrero was sworn in.
Mr.
Carrero said we want to put up a pole building, which is a structure that
doesn’t have a foundation. The structure is designed in a way where the posts
are cemented into the ground.
Ms.
Carrero submitted a sheet of photos showing what the structure will look like
(marked A-1).
Mr.
Carrero said the outside siding is made of galvanized metal and is epoxy
coated. The warrantee is for 35 years. It is pretty durable. The reason I am
building it is that I have a lot of quads and tools and yard equipment that
need to be stored, and we want to clean up the yard.
Mr.
Crowley asked why it has to be 1,200 square feet.
Ms.
Carrero said the 30 x 30 building is standard. When you go down in size the
cost is significantly higher because it would be a custom size building.
Ms.
Dargel asked if the building will have electricity.
Mr.
Carrero said most likely. There will be no water in the building. The
building will be only for storage. It will not be used as a garage, and it
will not be used as an apartment. The junk vehicles in the yard will go.
Ms.
Robortaccio asked what vehicles are going to go.
Mr.
Carrero said there is a jeep and a Suzuki and two trailers.
Ms.
Robortaccio said if this is approved, those vehicles would have to be removed.
Mr.
Carrero said he would agree to remove the two existing sheds.
Mr.
Stern asked if there is a garage on the property.
Ms.
Carrero said there is an attached garage.
Mr.
Stern asked if any of the vehicles are used for business purposes.
Mr.
Carrero said no.
Ms.
Robortaccio asked for a poll of the Board on whether one or both of the
existing sheds should be removed.
The
poll resulted in 6-3 in favor of removing the one dilapidated shed. The
smaller shed can remain.
Mr.
Stern asked if there is a full view of this building from surrounding
properties.
Ms.
Carrero said there is one property to the rear who could see it.
Mr.
Stern said one of the concerns with this type of building is the visual
impact. It is important that the Board be careful that this size structure
fits adequately on this lot.
Mr.
Carrero said there is a similar structure farther down Berkshire Valley Road.
Ms.
Dargel said the back yard is completely wooded back where the shed will be
going. I believe the railroad is to the rear. Predominantly, the back yard is
screened.
Mr.
Carrero said we did spend more on the building to make it look more attractive.
PUBLIC
PORTION OPENED
Giovanni
Miseo, 4 Old Timbers Court, was sworn in. He said the back of his property is
next to this property. He distributed copies of captioned photos of about 16
pages (marked O-1).
Ms.
Carrero said the photos are accurate.
Mr.
Miseo stated we moved here in 1994. As you can see in the photos, we take
pride in ownership. Before the Carreros moved in, we built a pool, and there
was nothing behind us to obstruct our view. On page 5, it shows the pool is
complete, and the Carreros moved in in July 2000. You can see cars stored in
the back of that yard. At that time, they had 5 or more cars stored in the
back at times. On page 7 we decided to plant forsythia to block the view, but
we could still see cars parked in the back. On page 8 through 16, the current
view is just a reminder there are cars there in violation. They now want to
build a pole barn at 1200 square feet and 20 feet tall.
Mr.
Carrero said it is 12 feet high. The height at the peak of the building is
about 18 feet.
Mr.
Wiener said if the board denies this application, they can get a permit to
build a smaller structure. It would be 26 x 40 and would be the same height.
Mr.
Miseo said 1,200 square feet is the equivalent of a 6-car garage. That would
take a lot of toys and storage. The Board claims it can’t be seen from the
street. I will be able to see it every day. On my side there are no trees to
screen it. My property is 5 to 7 feet higher than his property. I don’t feel
this kind of structure belongs in a residential area. it belongs in a
commercial zone or on a farm. I am tired of looking at this junk. I have been
looking at it for 5 years. I have called the police department, and no one has
done anything. Also there is an ordinance that it is illegal to park
unregistered vehicles in a residential area.
Ms.
Robortaccio said I did take testimony on what is there and what would be
removed if this application is approved. If this is approved, we would require
the vehicles to be removed, and we would send the zoning officer over there to
inspect to verify that the vehicles are removed.
Mr.
Miseo said that building doesn’t belong here. I hope the Board feels for me
and what I have had to live with for the last 5 years.
Ms.
Robortaccio said some of the Board members did go to the site and we are aware
of the vehicles and debris on the property.
Mr.
Crowley asked if the applicant would be agreeable to putting in some fast growing
pines or Norway Spruce trees along that property line on that side of the
building.
Mr.
Carrero said we would agree to do that.
Mr.
Wiener asked what will be done with the trailers.
Ms.
Carrero said everything will be stored inside this building.
Mr.
Stern said the ordinance prohibits more than 3 garages. There has to be
certain restrictions on prohibiting a business type use.
Mr.
Carrero said he would be willing to put in trees in accordance with
recommendations from Mr. Stern.
Mr.
Miseo asked if there is any way they can move the building closer to his house.
Mr.
Stern said he did not inspect the site.
Ms.
Carrero said it would depend on the grade.
Mr.
D’Amato said the back of the lot looks like there are a lot of trees. Would it
be a possibility to cut into some of the trees and put the building into the
treed area.
Ms.
Carrero said the land slopes up there.
Mr.
D’Amato asked if the place where it is proposed is the most level.
Mr.
Carrero said it is the most level area. We might be able to move it up about
10 or 15 feet.
No
one else stepped forward.
PUBLIC
PORTION CLOSED
Mr.
Giardina aside if the shed could be turned around.
Mr.
Carrero said no, because of the elevation.
Mr.
D’Amato asked if it would be possible to build up one side of the grade.
Discussion.
It was decided they could possibly put a berm or fence.
Ms.
Dargel made a motion to approve the 30’ x 40’ building subject to the removal
of the dilapidated shed and equipment as noted; no storage on property of any
unlicensed vehicles; all equipment is to be kept within this building; gray
shed to remain. On the property line bordering 4 Old Timbers Court applicant
will plant white pines for screening purposes per Mr. Stern’s recommendations.
Due to the change in elevation, they will be planted on a berm so that they
provide screening. There will be no commercial use of the pole building; no
water service to building; no occupancy of the storage building; building is to
be used exclusively for storage. Mr. Crowley seconded.
Roll
as follows: Ms. Dargel, yes; Ms. Crowley, yes; Ms. Darling, yes; Ms. Kinback,
yes; Mr. D’Amato, yes; Mr. Kurtz, yes; Ms. Robortaccio, yes.
BA-3-06 - NICHOLAS SCHROEDER – VARIANCE FOR FRONT YARD AND SIDE YARD
FOR ADDITION LOCATED ON 517 RYERSON RD., LANDING, BLOCK 11406, LOT 16 IN R-3
ZONE
Attorney
Danielle Bohlen represented the applicant.
Nick
Schroeder was sworn in.
In
answer to questions from Ms. Bohlen, Mr. Schroeder said they have a 3 bedroom
one-story cottage. The plans are to put a second floor on for additional
bedrooms. We are seeking a variance for front yard setback. The second
variance is for the left side yard. Currently it is 9 feet, and it will remain
9 feet. There are a lot of cottages in the neighborhood, and many houses with
new second floor additions.
Photos
were submitted A-2 thru A-7
Ms.
Dargel said on the bottom floor there is an existing master bedroom. Will that
remain a bedroom? The office will also be a bedroom. How many bedrooms will
there be?
Mr.
Schroeder said there will be 4 on the second floor, and the existing master
bedroom on the first floor and the other bedroom will be made to one bedroom
eventually.
Ms.
Dargel asked what is being done to the porch to make it encroach farther into
the front yard.
Mr.
Schroeder said we are shortening the porch. The reason it is going out 4 more
feet into the setback is that it is now going to be covered.
Ms.
Dargel asked if the height of the house will conform to the ordinance.
Mr.
Schroeder said yes it will.
PUBLIC
PORTION OPENED
No
one stepped forward.
PUBLIC
PORTION CLOSED
Ms.
Kinback made a motion to approve the application. Mr. D’Amato seconded.
Roll
as follows: Ms. Kinback, yes; Mr. D’Amato, yes; Mr. Crowley, yes; Ms. Dargel,
yes; Ms. Darling, yes; Mr. Kurtz, yes; Ms. Robortaccio, yes.
BA-4-06 – MICHAEL COOMBS –VARIANCE FOR SIDE YARD SETBACK FOR
DECKLOCATED ON EDITH RD. BLOCK 11803, LOT 5 IN R-3 ZONE
Michael
Coombs was sworn in. He stated the existing deck is in disrepair, and we have
rebuilt it and expanded it. The work was done without permits. The deck sets
in 7 inches from the end of the house.
Mr.
Coombs distributed photos of the deck (marked A-1).
Mr.
Coombs said he plans to put in some lattice work under the deck. The prior
deck had two sets of steps. The current deck has one set of steps centered off
the back of the deck.
PUBLI
PORTION OPENED
No
one stepped forward.
PUBLIC
PORTION CLOSED
Mr.
Wiener said if this is approved, it will require all the necessary permits.
Ms.
Dargel made a motion to approve the application. Mr. Kurtz seconded.
Roll
as follows: Ms. Dargel, yes; Mr. Kurtz, yes; Mr. D’Amato, yes; Mr. Crowley,
yes; Ms. Darling, yes; Ms. Kinback, yes; Ms. Robortaccio, yes.
Old
Business
Mr.
Kurtz asked about Towne Toyota.
Mr.
Stern said the construction official was there two weeks ago. They had been
granted a temporary c.o. while they constructed the new building. The
construction official has told them they have to come back to the Board for
final site plan approval.
The
meeting was adjourned by motion at 9:30 p.m.
Dolores
A. DeMasi, Secretary