RAMSEY ZONING BOARD OF ADJUSTMENT Minutes of the Regular Meeting November 26, 2018

Transcription

1 RAMSEY ZONING BOARD OF ADJUSTMENT Minutes of the Regular Meeting November 26, 2018 REGULAR MEETING Chairwoman Strollo called the regular meeting of the Board of Adjustment of the Borough of Ramsey to order at 7:30 P.M. PLEDGE OF ALLEGIANCE Ms. Woods led the Pledge of Allegiance. Chairwoman Strollo read the Open Public Meetings Law notice. ATTENDANCE PRESENT ABSENT Mr. Crimmins Ms. Dugan Mr. FitzPatrick, Alt. 1 Mr. pm Mr. Scuderi Mr. Willcox Ms. Woods Chairwoman Strollo Mr. Steven Schefers, Board Atty. Mr. Hals, Board Engineer Ms. Lupo, Board Secretary APPROVAL OF MINUTES A motion to approve the minutes of 10/17/18 was made by Ms. Woods, seconded by Mr. Willcox. All eligible members voted in favor. Carried. CONSENT RESOLUTIONS Vouchers/Performance Bonds/Letter of Credit: A motion was made by Mr. Willcox, seconded by Mr. Crimmins, to approve the 11/26/18 CONSENT RESOLUTION recommending to the Mayor & Council the payment of vouchers. All eligible members voted in favor. Carried. BOARD COMMENTS - None PUBLIC COMMENTS - None 1

2 Mr. Schefers announced that the Lempp application would not be heard this evening; the application has been carried to January 16, No new notices are required. PUBLIC HEARING: 1. Docket #V ZBA-12-Carole Harrison, Block 4102, Lot 4; 121 Brookfield Lane; (Variance to allow 27.3 rear yard setback where 50 is required.) Mr. Schefers said that the applicants had noticed properly and the hearing could proceed. Harold P. Cook, Esq. of Harold P. Cook, III Esquire and Associates, 886 Belmont Avenue, North Haledon, N.J. appeared on behalf of the applicant. Mr. Cook said that this is an application for a variance for a rear yard setback. Mr. Cook said this is a unique piece of property as there is a Tennessee Gas Line easement and another drainage easement running through the property which necessitated the house, when it was built, to be set back to the rear of the property. TESTIMONY OF WILLIAM BROWN William Brown of William V. Brown Architects, 241 Madison Avenue, Wyckoff, N.J., was sworn in and deemed an expert in architecture. Mr. Cook presented Exhibit A-1, Site Plan dated July 17, Mr. Brown described the existing and proposed conditions. Mr. Brown said that there is a 20 ft. wide drainage easement that runs across the front of the house and the Tennessee Gas transmission line which is a 50 ft. easement which runs through the center of the property. Ms. Woods asked Mr. Brown what was directly behind the property. Mr. Cook said that the rear of the property was bordered by Upper Saddle River; there is a buffer, the homes in Upper Saddle River and a detention basin. Mr. Scuderi asked Mr. Brown how close is the next prevailing home in the rear. Mr. Brown said to Upper Saddle River it s at least ft., to the Ramsey portion it s a wedge. Mr. Scuderi asked Mr. Brown what is the increase to the livable square footage of the home. Mr. Brown said that they were adding 500 sq. ft. to the first floor. Mr. Scuderi asked Mr. Brown if they had looked at other alternatives to avoid a variance. Mr. Brown said they had looked at different options. Mr. Hals asked Mr. Brown if he was familiar with the Flood Hazard regulations. Mr. Brown said they had gone over that. Mr. Hals stated to Mr. Brown that any type of construction requires a flood permit from the state. TESTIMONY OF DAVID HALS David Hals of Schwanewede/Hals Engineering was sworn. Mr. Hals stated he had previously been the Engineer for Upper Saddle River and behind this property is the end of Primrose where a detention basin is closest to this house. Mr. Hals said that the closest house in Upper Saddle River is approximately 75 ft. away and the detention 2

3 basin is in Ramsey. Mr. Hals said there are very few properties affected by this addition. TESTIMONY OF CAROLE HARRISON Carole Harrison of 121 Brookfield Lane, Ramsey, N.J., was sworn in. Mr. Cook presented Exhibit A-2 and Exhibit A-3, Photos, dated November 26, Ms. Harrison described the photos. - None COMMENTS FROM THE PUBLIC - None A motion to approve the application was made by Mr. Scuderi, seconded by Mr. Willcox. Mr. Crimmins, Ms. Dugan, Mr. Heller, Mr. Scuderi, Mr. Willcox, Ms. Woods, Chairwoman Strollo PUBLIC HEARING: 2. Docket #V ZBA-14, Joseph & Susan Ariyan, Block 4906, Lot 21; 77 Canterbury Drive; (Variance to allow 17.6% building coverage where 12.4% is existing and 15% is maximum allowed and 3,896 sf of maximum living space where 2,564 sf is existing and 3,500 sf is maximum allowed.) Mr. Schefers stated that the applicants had noticed properly and the hearing could proceed. David S. Lafferty, Esq. of Huntington Bailey, LLP, 373 Kinderkamack Road, Westwood, N.J. appeared on behalf of the applicant. Mr. Lafferty said that his clients had appeared before the Board last January and there was a split decision. Mr. Lafferty said that his clients and their architect returned to the drawing board and talked about alternatives and came up with what they feel is a feasible alternative reducing the requested variances. Chairwoman Strollo asked for a poll of the Board as to whether the Res Judicata doctrine applies to this application. 3

4 Mr. Crimmins, Ms. Dugan, Mr. Heller, Mr. Scuderi, Mr. Willcox, Ms. Woods, Chairwoman Strollo TESTIMONY OF SUSAN ARIYAN Susan Ariyan of 77 Canterbury Drive, Ramsey, N.J., was sworn in. Ms. Ariyan how long she has owned the property. Ms. Ariyan replied since Mr. Lafferty asked Ms. Ariyan if there were limitations with your family in the house. Ms. Ariyan said yes. Mr. Lafferty asked Ms. Ariyan what they are proposing. Ms. Ariyan said a larger family room and an eat-in kitchen on the first floor and a master bedroom above it. - None TESTIMONY OF ROBERT PUZIO Robert Puzio of 785 Totowa Rd., Totowa, N.J., was sworn in and deemed an expert in architecture. Mr. Lafferty presented Exhibit A-1, Site Plan Page 1, dated June 4, Mr. Puzio described the existing and proposed conditions on the property. Mr. Puzio said that the applicants are proposing an addition on the left side of the property to add a family room open to the kitchen and a master suite. Mr. Puzio said that they are proposing a new entry to the house that would aesthetically balance the house and make it function better. Mr. Lafferty presented Exhibit A-2, Site Plan Page 2 dated June 4, Mr. Lafferty asked Mr. Puzio if the addition to the second floor would be 617 sf. Mr. Puzio said yes. Mr. Lafferty asked Mr. Puzio if the addition to the first floor was 715 sf plus a small addition to the front porch. Mr. Puzio said yes. Mr. Lafferty asked Mr. Puzio if he had the calculations of the two variances that are triggered by this application. Mr. Puzio said that they are looking for building coverage of 17.3 percent. Mr. Lafferty asked Mr. Puzio if the second variance was for living area. Mr. Puzio said the proposal is for 3,896 sf. Mr. Lafferty asked Mr. Puzio if he was aware of any detriment to the neighborhood from this proposal. Mr. Puzio said no. Mr. Willcox asked Mr. Puzio if you look at the maximum building coverage, you stated 17.3 percent but the letter from Mr. Hals states 17.6 percent. Mr. Hals stated based on the surveyor there is a covered patio that Mr. Puzio did not include in his calculation. Mr. Puzio asked if the application could be amended to include the 40 sq. ft. missing from his calculation. Mr. Schefers said yes. Ms. Woods asked Mr. Puzio if the new porch included in the maximum building coverage. Mr. Puzio said yes. Mr. Lafferty presented Exhibit A-3 through A-10, Photos, dated November 26, Ms. Ariyan described the photos. Mr. Scuderi asked Mr. Puzio if he could comment on the lot as compared to the 4

5 neighboring properties. Mr. Puzio said it appeared wider. Mr. Willcox asked Mr. Puzio if he had developed plans for the applicants that would be in conformance with the zoning ordinance. Mr. Puzio replied with the requirements, it couldn t be achieved. Mr. Hals asked Mr. Puzio if there were any improvements on the property that will mitigate storm water runoff. Mr. Puzio said no. Mr. Lafferty said that the builder was present and they could present a storm water management plan as a condition of approval. TESTIMONY OF BRIGETT BOGART Brigett Bogart of 47 S. Franklin Turnpike, Ramsey, N.J., was sworn in and deemed an expert in planning. Ms. Bogart to describe the existing conditions of the property. Mr. Lafferty presented Exhibit A-11, Photos, dated November 26, Ms. Bogart said that the side yard setback is unique for the neighborhood. Ms. Bogert said that the proposed addition and the house size are consistent with the surrounding neighborhood. Ms. Bogart said that she did not feel it would pose a substantial detriment. Mr. Lafferty asked Ms. Bogart if she had an opinion if this application would result in any substantial impairment with the zoning plan. Ms. Bogart answered she did not believe so; the addition would be consistent with the existing neighborhood. Mr. Scuderi asked Ms. Bogart if the addition was to be on the left of the house. Ms. Bogart said yes. The one story porch will be removed and the addition will be in its place. Mr. Willcox asked Ms. Bogart to describe the C2 variances as to why this variance would meet the criteria especially B. Ms. Bogart said the benefits must be rooted in the purpose of Municipal Land Use Law; she identified two of those purposes. Ms. Bogart continued purpose A to guide appropriate use of development and the land and she believed the addition, as proposed, would actually bring the dwelling and the lot more in conformance with the neighborhood and purpose B which is to promote a positive visual environment. Ms. Bogart said that she believed the architect centered the dwelling on the lot; it takes away a little of the large open space that s located between the two lots and still abides by the setbacks; the aesthetic upgrades would be a benefit to the public. TESTIMONY OF DAVID HALS Dave Hals of Schwanewede/Hals Engineering, 7 Post Rd., Oakland, N.J., was sworn. Mr. Hals said that he agreed in terms of the positive criteria with the Planner. He said that what you need to determine is if their proposal is without substantial detriment to the public. Mr. Hals said that he felt that visually from the street you won t be able to tell that this lot is exceeding the 3,500 sf. Mr. Hals said the two variances they are proposing are basically tied together. Mr. Hals said this will increase the impervious coverage and will affect the storm water runoff; they have already stated they will be adding storm water management improvements which will mitigate that. Mr. Hals 5

6 stated that in terms of the living space that is more difficult, you need to look at that related to the Master Plan and the Zoning Ordinance. Mr. Hals said that what they are proposing in terms of building coverage of 367 sf, 206 sf of this are the roofs over the porch. Chairwoman Strollo asked Mr. Hals, in terms of mitigating the impervious coverage, what type of things they can do to compensate that. Mr. Hals said that they could install a seepage pit to collect the runoff. Ms. Woods asked Mr. Hals if they are below the impervious coverage, why do they need a seepage pit. Mr. Hals said you don t but you are trying to mitigate the building coverage. COMMENTS FROM THE PUBLIC Lauren Schreiber of 39 Oxford Court, Ramsey, N.J. was sworn in. Ms. Schreiber said she was speaking on behalf of herself and her husband and was in favor of the application. Michael Wright of 100 Morton Drive, Ramsey, N.J. was sworn in. Mr. Wright said that this application would be an improvement. COMMENTS FROM THE BOARD Ms. Woods thanked the applicant for bringing in the experts witnesses to help clarify how this will benefit the neighborhood and keep the intent of the zoning laws for the Borough of Ramsey; she felt the C2 variance was properly supported and would be in favor of the variance. Mr. Scuderi said he felt this property is an anomaly for the surrounding area and agrees that the applicant has met the criteria for a C2 variance. Mr. Crimmins felt the C2 requirements had been met. Mr. Willcox said he had a different opinion stating the maximum living area is 11.3% over the code and the maximum building coverage is 17.3% greater than the code; with the testimony that s been presented he does not feel it qualifies for a C2 variance. Mr. Willcox continued that the benefits are to be to be considered public benefits not a benefit that accrues to the property owner and while he agrees to the aesthetics of the property, he does not believe the public would benefit from it and would not be inclined to support the application. Ms. Dugan felt there were no detriments to the adjoining properties and the changes being made are compatible with the surrounding properties in the neighborhood. Mr. Fitzpatrick said the situation you are dealing with is a unique one, you basically have a vacant lot on the side of your property; he felt it would be improving the aesthetic of the property and keeping in with the neighborhood. Mr. Heller said he was in favor of the application. A motion to approve the application with the condition that the storm water management plan be approved by the Borough Engineer was made by Mr. Crimmins, 6

7 seconded by Mr. Scuderi. Carried. Mr. Crimmins, Ms. Dugan, Mr. Heller, Mr. Scuderi, Ms. Woods, Chairwoman Strollo Mr. Willcox RESOLUTIONS MEMORIALIZED 1. Docket #V ZBA-9-Kathryn & Christopher Hoffman, Block 1301, Lot 30; 366 Grove Street; Variance to allow maximum fence height of 5 with a 1 open lattice where 4 is allowed was approved. A motion to waive the reading of the resolution was made by Ms. Dugan, seconded by Ms. Woods. Carried. A motion to approve the resolution was made by Ms. Scuderi, seconded by Ms. Woods. Mr. Crimmins, Ms. Dugan, Mr. Heller, Mr. Scuderi, Mr. Willcox, Ms. Woods, Chairwoman Strollo CORRESPONDENCE - None NEW BUSINESS Chairwoman Strollo stated there was an annual schedule in front of the Board detailing the meetings of the upcoming year Chairwoman Strollo read the details of the schedule stating that the regular meetings of the Ramsey Zoning Board of Adjustment would be the third Wednesday of the month in Council Chambers at Borough Hall. Chairwoman Strollo continued that January 16, 2019 will be the re-organization; meetings are February 20, March 20, April 17, May 15, June 19, July 17, August 21, September 18, October 16, November 20 and December 18, The December 19 th, 2018 meeting is cancelled. OLD BUSINESS - None ADJOURNMENT A motion was made by Ms. Dugan, seconded by Mr. Crimmins to adjourn the regular meeting at 9:43 pm. All in favor. Carried. 7