BOROUGH OF MOUNT ARLINGTON LAND USE BOARD MEETING MINUTES February 23, :00 PM Reorganization/Regular Meeting

Transcription

1 BOROUGH OF MOUNT ARLINGTON LAND USE BOARD MEETING MINUTES February 23, :00 PM Reorganization/Regular Meeting Meeting called to order at 6:56 p.m. Pledge of Allegiance to the Flag recited. New/re-appointed members are sworn in. Letter of resignation from the board presented by Michael Stanzilis. Roll Call. Present: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Absent Wilson & vandenhende Motion to nominate Chairperson of the Board: Simard nominates J. Robert vandenhende, second by Foley. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion to nominate Vice-Chairperson of the Board: Ondish nominates Melissa Fostle, second by Foley. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Ondish. Abstain: Windish. 7:02 p.m. Fostle moves to Vice-Chairperson position. Motion to nominate Clerk/Secretary of the Board: Fostle nominates Reyna Burger of Suburban Consulting Engineers, second by Loughridge. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion to nominate Attorney of the Board: Simard nominates Michael Selvaggi of Courter, Kobert & Cohen, LLC, second by Cerasoli. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion to nominate Engineer of the Board: Foley nominates Daren J. Phil of Suburban Consulting Engineers, Inc., second by Cerasoli. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion to nominate Planner of the Board: Cerasoli nominates Gorge Ritter of Ritter and Plante, second by Hallowich. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion to name the Morristown Daily Record and Roxbury Register as the official 2011 newspapers for the Board: Motion by Foley, second by Fostle. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion to accept the second (2 nd ) Wednesday of the month for Work Sessions and the fourth (4 th ) Wednesday of the month for Regular Meetings for the year 2011 and January 2012 as 1

2 follows: (All Meetings will begin at 7:00 p.m.). Motion by Cerasoli, second by Foley. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Work Session Dates Regular Meeting Dates January 26, 2011 February 9, 2011 February 23, 2011 March 9, 2011 March 23, 2011 April 13, 2011 April 27, 2011 May 11, 2011 May 25, 2011 June 8, 2011 June 22, 2011 July 27, 2011 August 24, 2011 September 14, 2011 September 28, 2011 October 12, 2011 November 9, 2011 December 14, 2011 January 25, 2012-Reorg./Regular Meeting Note: The Engineer, Planner and Attorney will be present at Work Sessions only when requested. The Attorney and Engineer will be present at all Regular and Special Meetings. The Planner will be present at Regular and Special Meetings only when requested. Motion to accept and advertise said schedule in Official Newspapers. Motion by Simard, second by Foley. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion for approval of meeting minutes from Decmember 8, Motion by Cerasoli, second by Fostle. Yes: Hallowich, Loughridge, Simard, Cerasoli, Fostle, Ondish. Abstain: Foley. Motion for approval of vouchers. Motion by Foley, second by Simard. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Ondish. Abstain: Windish. Memorialization of Resolution: Hanson 358 Howard Boulevard, Block 35, Lot 25. Application to obtain front yard setback relief for the construction of a new dwelling within the footprint of the pre-existing structure that has since been demolished to the foundation. Motion by Foley, second by Cerasoli. Yes: Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle. 2

3 Completeness Review: Ribaudo 522 Henmar Drive, Block 96, Lot 3. Application for impervious coverage variance for expansion of the existing driveway. Motion to deem application complete by Foley, second by Simard. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. Motion approved. Public Hearing: Ribaudo 522 Henmar Drive, Block 96, Lot 3. Application for impervious coverage variance for expansion of the existing driveway. Mr. Ribaudo sworn in and presents application to the Board. Applicant wants to widen driveway, to make room for two vehicles, instead of one. Previously parked on street and vehicle was struck. Applicant would like to be able to have both vehicles full access of driveway for entering and exiting at the same time. Miller: Possible to spread 10 feet to 5 on each side to avoid variance for side-yard setback? Ribaudo: It is possible to split the difference. 7:17 p.m. Wilson arrives Motion to open to public by Simard, second by Foley. All in favor. 7:24 p.m. Open to public Motion to close to public by Fostle, second by Simard. All in favor 7:24 p.m. Closed to public Motion to approve application with the condition that driveway widening is completed to eliminate the need for a side-yard setback variance. Landscaping will not be required of the applicant. Spot elevations, grading and drainage will be addressed to the satisfaction of the Board Engineer. Motion by Foley, second by Simard. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Cerasoli, Fostle, Nelson, Windish, Ondish. 3

4 Completeness Review: Lascano 7 Edgemere Avenue, Block 14, Lot 4. Application for front-yard setback and impervious coverage variance for the construction of a two (2) story addition to the existing two (2) story dwelling along with expansion of the exiting driveway. Motion to deem application complete by Foley, second by Cerasoli. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Wilson, Cerasoli, Fostle, Nelson, Windish, Ondish. Public Hearing: Lascano 7 Edgemere Avenue, Block 14, Lot 4. Application for front-yard setback and impervious coverage variance for the construction of a two (2) story addition to the existing two (2) story dwelling along with expansion of the exiting driveway. Lloyd Tubman, Esq. from Archer & Greiner presents the witnesses for the application. William Byrne- Architect, from Byrne Design Associates and David Zimmerman Planner provide credentials and are sworn in. Ms. Tubman presents application and explains need for impervious coverage, front-yard setback and steep slope variances. Mr. Byrne describes property and existing conditions. Intent of application is to modernize the property and dwelling. Mr. Byrne feels the improvements are appropriate and proportional to the size of the existing home and property. Exhibit A-1, computer generated rendering of the proposed construction, is presented. Mr. Byrne states that front yard setback variance is required due to increasing the scale of an existing gable element of the front porch. Increased encroachment is approximately 0.4 feet. Exhibit A-2, enlargement of architectural plan - sheet 1, is presented. Mr. Byrne describes proposed improvements to existing gravel driveway to the boathouse. Mr. Byrne s design minimizes the slope of the driveway to the greatest extent possible; however the slope is still in excess of what is allowable by Borough ordinance. Driveway use is intended to pedestrian and vehicular travel to the boathouse. Boat transport is not advisable. A gate at the portico will be installed to limit the use of the driveway. Landscaping is not addressed in the plan. Drainage improvements will be provided to the satisfaction of the Board Engineer. 4

5 Motion to open to public by Simard, second by Foley. All in favor. 7:54 p.m. Open to public Eileen Balam, 11 Edgemere: Has no concerns or objections to the application. David Humphreys, 1 Edgemere: No objection to the proposed improvements. Motion to close to public by Wilson, second by Cerasoli. All in favor. 7:55 p.m. Closed to public Mr. Zimmerman describes the proposed increase in impervious coverage and advantages that new driveway will provide, including safety. Exhibits A-3 and A-4, 2008 aerial photograph showing subject property without and with Borough tax map overlaid, respectively are presented. Mr. Zimmerman explains that many adjacent properties exceed the allowable impervious coverage as well. Median impervious coverage is similar to what is proposed in the application. Mr. Zimmerman outlines the positive and negative criteria requirements associated with the C-2 variance. Will the property across the street have their view of the lake obstructed? Zimmerman the property in question is quite high, the view should not be negatively impacted. The floor area ratio standard is met. Motion to open to public by Wilson, second by Cerasoli. All in favor. 8:17 p.m. Open to public Motion to close to public by Simard, second by Foley. All in favor. 8:17 p.m. Closed to public Motion to approve application with the condition that drainage will be addressed and approved by the Board Engineer. Landscaping is also subject to Engineering review. Motion by Foley, second by Wilson. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Wilson, Cerasoli, Fostle, Nelson, Windish, Ondish. 5

6 8:21 p.m. Board requests short recess 8:31 p.m. return from recess Motion to enter into Executive Session by Simard, second by Wilson. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Wilson, Cerasoli, Fostle, Nelson, Windish, Ondish. 8:52 p.m. return from Executive Session 8:53 p.m. Ondish and Windish recuse themselves and step down. Completeness Review: Hollstein 411 Howard Boulevard, Block 20, Lot 14. Located within the B-1 Business Zone. Application for variance approval for the principal use to be multi-family residential instead of business use. Motion to deem application complete by Foley, second by Simard. Yes: Visceglia, Hallowich, Foley, Loughridge, Simard, Wilson, Cerasoli, Fostle, Nelson. Public Hearing: Hollstein 411 Howard Boulevard, Block 20, Lot 14. Located within the B-1 Business Zone. Application for variance approval for the principal use to be multi-family residential instead of business use. Gus Hollstein, applicant and owner of the property is sworn in and presents application. Mr. Hollstein explains his difficulty in renting the property and presents his planner and engineer. Paul Tiajoloff planner, provides credentials and is sworn in. Exhibit A-1, board showing subject and surrounding properties, is presented. Mr. Tiajoloff explains the applicants request for use variance and shows that many surrounding properties are residential. Mr. Tiajoloff states that the lower level has historically been used as residential space and is consistent with adjacent uses. Mr. Tiajoloff explains that the application is detrimental to the Borough Master Plan. Mr. Hollstein states that the lower level unit has been advertised for us as both residential and/or retail but with no tenants in over 5 years. 6

7 Mr. Ritter asks how the addition of a third apartment unit would advance the purposes of zoning according to Municipal Land Use Law. Mr. Tiajoloff states that the needs of the Town would be served in accordance with the Master Plan. George Nader engineer, provides credentials and is sworn in. Mr. Nader presents a revised plan to the Board Engineer. Revised plan is entered as Exhibit A-2. Mr. Miller asks if proposed parking spaces are the required distance of 5 feet from the adjacent property line. Mr. Nader states that they are. Mr. Ritter states that the conditions of the revised plan need to be reviewed by the Board Planner and Engineer to evaluate and new variances or waivers that may be required. Testimony needs to be limited to support the use variance only due to the omission of site plan approval from the applicant s notice. Mr. Selvaggi suggest the application be adjourned for a future meeting in order to allow the Board s Planner and Engineer to review the revised plan. Applicant will have to re-notice to include the request for site plan approval. Mr. Miller requests an original copy of the survey from the applicant. Mr. Miller and Mr. Ritter may prepare an updated report on the revised plan. Mr. Ritter advises the applicant to review the ingress and egress of the proposed units. Application will be scheduled for the March 23, meeting. Motion to adjourn by Simard, second by Loughridge. All in favor. Meeting adjourned at 9:37 p.m. Reyna M. Burger Clerk/Secretary to the Board 7