Board of Adjustment

BOARD OF ADJUSTMENT

MINUTES

OCTOBER 5, 2006

CALL TO ORDER: This is a regularly scheduled meeting of the Board of Adjustment of the Borough of Franklin Lakes. Adequate notice of such meeting has been provided by furnishing a schedule of meeting dates to the Record, to the Herald News, on January 9, 2006, to the Borough Clerk and by posting a copy of the notice in the Municipal Building. I direct that this announcement be entered into the Minutes of the meeting.

ROLL CALL: Present: Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mr. Khoury, Mr. Messaros, Mc Guire, Mr. Bavagnoli, Board Attorney Davies, Borough Engineer Tiberi Absent: Mr. Coker, Mr. Sivakumar

NEW BUSINESS

Cal.#2006-17 Application for Vierheilig, 732 Colonial Road, Block 1301, Lot 2.07, Dimensional Variance, which is in violation of the following Section of the Ordinance:

300-105.A. Lot Frontage on Street, Required, Existing Nonconformity, Variance Required.

Charles Sarlo, attorney for the applicant, with offices at 777 Terrace Avenue, Hasbrouck Heights, NJ 07604, introduced himself. Mr. Sarlo stated that this application involves a planning variance because it is a property that is landlocked and does not front on a public street. The applicant appeared before the Board in 2005 and made an application to improve the driveway. At that time, he needed bulk variances with regard to the driveway and the retaining wall and the lot not fronting on a public street. The application was approved for the installation of a driveway and retaining wall and the fact that the property was landlocked was referenced in the resolution at that time. Mr. Sarlo stated that the applicant is now proposing to demolish the existing residence and build a new home that he intends to occupy. Mr. Sarlo stated that the engineer for the project is here to testify, however, he feels that any engineering issues can be worked out to the Borough Engineer’s satisfaction.

Kurt Vierheilig, applicant, was sworn by Mr. Davies and stated that his address is 732 Colonial Road, Franklin Lakes. Mr. Sarlo asked that the following exhibit be marked: A-1: 1936 Easement Agreement between Mr. & Mrs. Conrad and Rockland Electric Co. and a subdivision map. Mr. Vierheilig testified that he obtained this map from his neighbor whose uncle originally owned this property. Mr. Vierheilig stated that he is a licensed architect and works with construction documents regularly. He stated that the map shows the subdivision of the original property that the Conrad family had purchased and his property is located in the top left corner and is identified as .39 acres. The map is dated 1936 and shows each of the properties as they were subdivided. The box shown on his lot is in the same location as his home is currently and the other homes in the subdivision also seem to be laid out in compliance with the Borough’s current tax map. He has owned the property for 3 ½ years. The Rockland Electric Co. Easement references a map dated 1936.

Mr. Sarlo referred to Exhibit A-2 which is a series of six photos of the property from different locations taken by Mr. Vierheilig. Photo #3 shows one of the corner property markers which reads John McCoy, 1933, and this would indicate that this was when the property was subdivided or staked out.

Mr. Sarlo referred to Exhibit A-3 which is a survey of Mr. Vierheilig’s property that locates the property and overlays the existing easement driveway from McCoy Road and Colonial Road to the property. The property is accessed off Colonial Road over a small patch of asphalt that turns into a gravel driveway. This winds around the pond and comes up to another asphalt patch that inclines up a slope and proceeds on as gravel again until it reaches the property entrance. The location of the driveway was changed in 2005 and the driveway easement width is presently 15’. The easement road is approximately 1,500’ long and he has a formal easement agreement with the various property owners to legally use this access.

Richard Wostbrock, engineer, of Lan Associates, 445 Godwin Avenue, Midland Park, N.J. was sworn by Mr. Davies. Reference was made to the Boswell Engineering correspondence dated August 9, 2006, and Mr. Wostbrock spoke concerning the underground propane tank that is proposed for the property. He testified that he has supervised the installation of these tanks at other residences, hospitals, schools and churches. The applicant intends to install a 500 gallon underground tank which includes the regulators and BOARD OF ADJUSTMENT MEETING 10-5-06 PAGE 2 fill port. This is being done because there is no municipal gas available in this location and the tank is buried in the ground with a typical life of 30 to 40 years. Mr. Vierheilig stated that several of his neighbors use above ground propane tanks.

Mr. Wostbrock was cautioned that the roof ridge is very close to the maximum allowable of 40’. The applicant has also been warned that the building and lot coverages have recently been changed to 6% and 22.4% respectively and there is no room for leeway in this application.

Mr. Sarlo again indicated that the length, width and accessibility of the access road to the applicant’s driveway is not being expanded; only the driveway itself is being expanded. Mr. Vierheilig testified that there is no other way to access the property other than through the easement. Mr. Davies asked if the driveway access of 15’ is wide enough for access by police and fire vehicles. Mr. Vierheilig stated that he believed that the access road was wide enough for emergency vehicles. He stated that he intends to keep his driveway and the extension gravel at this time but eventually he does plan to have it paved. Mr. Vierheilig stated that he maintains the part of the access road after the long patch of asphalt and he and his neighbor maintain the remainder of the road. The Borough Engineer pointed out that there has been a house on this property for many years and there would be a concern about getting emergency vehicles to the site if there had never been a residence located there.

Mr. Bognar made a motion to open the public portion of the meeting, seconded by Mr. Messaros. Richard Moskor, 340 Valley View Drive, stated that his property abuts the applicant’s property. He noted that the house will be larger than what exists presently and he asked if the proposed paved driveway would cause a drainage problem. Mr. Wostbrock stated that he doesn’t foresee a drainage problem with a gravel driveway. Mr. Moskor stated that the majority of the proposed seepage pits are collecting the roof runoff and the most of the driveway drains into two trench drains. Mr. Moskor was told that from his vantage point, he would view the side of the proposed house. Mr. Vierheilig stated that he hopes to apply for the demolition permit in two weeks and the tree removal permit as soon as allowed by the Board due to the upcoming cold weather. He said that he hopes to start construction in mid November and he asked for cooperation from the Board to move the process forward because of weather related concerns. Mr. DiFlora noted that there will be less runoff with this design than what takes place today because they are taking the roof leaders into the ground to recharge the ground with water. Ms. Tiberi agreed stating that all new construction requires runoff control and there are already trench drains existing. Mr. Moskor stated that he has observed an improvement since the trench drains have been installed.

No one else from the public came forward and Mrs. Gerber made a motion to close the public portion of the meeting, seconded by Mr. Bavagnoli.

Mr. DiFlora stated that this is an unusual situation and these are the types of properties he is in favor of keeping in the Borough. Board of Health and Soil Moving approvals are needed as well as a Tree Removal Permit. The applicant was warned about the roof elevation being just under 40’ along with coverage. A seepage pit inspection is needed and the applicant must label the septic tanks on the plan. Mr. Sarlo asked the Board to consider the applicant’s request to obtain a tree removal permit and building permit prior to the memorialization of the resolution. Mr. Davies stated that the Board will advise the Building Department that approval has been granted and the applicant can get started on demolition.

There was further discussion regarding whether or not a letter from the Fire Department stating that they could access the property was warranted. Mr. Sarlo said that the Courts have addressed the issue of a property that does not front on a public street and have ruled that, while this is a valid concern, it exceeds the Board’s statutory power.

Based on the above Mr. Bavagnoli made a motion to approve the variance, seconded by Mr. Bognar.

Roll Call Vote

AYES: Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mr. Messaros, Mr. Khoury, Mr. McGuire, Mr. Bavagnoli NAYS: None BOARD OF ADJUSTMENT MEETING 10-5-06 PAGE 3

Cal.#2006-18 Application for Ruiz, 486 & 484 Bowers Lane, Block 2507, Lots 1, 2, 3, Block 2509, Lot 1, Dimensional Variances, which are in violation of the following Sections of the Ordinance:

300-105.A. Lot Frontage on Street, Required, Existing Nonconformity, Variance Required.

300-121.A. Accessory Structure Without Principal Structure (shed), Required, This is Proposed, Variance Required.

300-71.d.4.j. Driveway at 50’ setback and beyond (driveway Block 2509, Lot 1), Required 15’, Proposed 1’, Variance 14’.

300-71.d.4. Driveway setback at entrance (driveway Block 2509, Lot 1), Required 10’, Existing 1.5’, Proposed 1.5’, Variance 8.5’.

300-121.A. Accessory Structure Without Principal Structure (driveway Block 2509, Lot 1), Required, Existing, Proposed, Variance Required.

Patricia Cistaro of Perconti & Cook, introduced herself, as attorney for the applicant. Ms. Cistaro stated that the property consists of a single family dwelling that the applicant intends to demolish to build a residence that is more in keeping with the neighborhood and would be more aesthetically pleasing. They are requesting a variance for lack of frontage on an approved roadway, which is an existing condition. The variance for a driveway setback is due to the unique size, shape and location of the existing lot. The benefits in granting the variance outweigh the detriments and will not negatively impact the surrounding areas.

Robert Weissman, engineer for the project, was sworn by Mr. Davies. Mr. Weissman testified that this is a unique area with four lots involved. Present access to this property is by means of Franklin Avenue to Bowers Lane out to DeKorte Drive and they plan to leave access as it is. Mr. Weissman stated that the property owner and neighbors have indicated that they would also like to keep the gravel area. The property complies with all the setback and coverage requirements. They are close to the maximum lot coverage and the elimination of the circular driveway was discussed as an option with the owner. There would be an area in the northwest portion for a pool if the circular driveway was not constructed. They propose to install a water service tying in from Franklin Avenue. Test holes have been dug for the septic system and drainage calculations have been provided for four seepage pits. They are requesting a variance for the lack of frontage on a primary roadway and they are not proposing to change that configuration to any degree.

Mr. DiFlora referred to the Boswell review letter of July 17, 2006, and he noted that there are four lots involved. There is an issue regarding the creation of a flag lot due to frontage on Lot 1. Mr. Weissman stated that Bowers Lane is a private lane that has rights for access for this property and the adjoining Lot 4. Lots 2 and 3 are on Bowers Lane but have legal frontage on DeKorte Drive and they do not plan to alter that configuration. The proposal will combine Lots 1, 2 and 3. Mr. Weissman stated that the intention is to keep Lot 2509, Lot 1 as a separate lot even though the deed to that lot is by the same owner. If this was one lot, an easement could be created on the portion that is shown as excluded from the new lot and this would help with the coverage allowance as well as giving the opportunity to reposition the house. Mr. Davies pointed out that the applicant hasn’t asked for permission to reverse subdivide and create one tax lot where three or four lots now exist. Ms. Cistaro stated that the applicant would like to merge three lots and the fourth lot could be labeled as an access easement.

Mr. Davies asked if there is an easement agreement allowing access over that lot by the neighbors. Ms. Cistaro stated that the title binder references the prior owner’s deed, however, there were no easements recorded. Mr. Davies suggested that the four lots be merged into one deed in order to have one tax lot while still allowing the neighbors to use the driveway. Ms. Tiberi stated that Lot 1 is 25’ wide and Bowers Lane is 15’ wide. Lot 1, as noted in the deed, goes all the way along the property out to Franklin Avenue and was identified as the access to the property. This area is identified as access land and can never be computed in as part of the buildable lot.

BOARD OF ADJUSTMENT MEETING 10-5-06 PAGE 4

Mr. Weissman stated that the existing house will be demolished and all existing nonconformities will be eliminated with the exception of the inadequate frontage on a Borough approved roadway. He stated that the Board of Health approval has been obtained. A tree removal permit is required and they will map the entire property including Lot 1, Block 2509, which includes the Bowers Lane lot in its entirety with elevations. Water will be brought in via Franklin Avenue and this section of Bowers Lane will be paved over the water line. The driveway is consistently 10’ to 12’ wide and the pavement ends at the bend with gravel continuing to the east and northeast. The proposed roof ridge elevation is 439.8 which conforms with the Borough standards and they comply with the drainage calculations.

Mr. Weissman pointed out that the access portion discussed earlier is paved and cannot be used to help with coverage calculations. Ms. Cistaro stated that the deed notes that this is an access area that is not permitted to be built on. Mr. Weissman stated that they will eliminate the circular driveway to get below the 22.5% allowance for a future pool.

Mr. Davies stated that the Board is considering the following: Board of Health approval for the septic system; soil moving permit; tree removal permit; inspection of seepage pits; any items set out in the July 17th Boswell Engineering review letter that have not already been complied with must be complied with; Fire Marshall review; applicant has now proposed a reverse subdivision deed merging the four lots into one lot; applicant has agreed to restore the area of the driveway which is being removed by using topsoil and seed; Board cautions the applicant that they are very close to the impervious lot coverage percentage limit of 25% at 23.1%; applicant can reduce the impervious lot coverage to allow for a future swimming pool; shed to be moved to a conforming location and will be removed after construction is finished; show extension of the gas line to the new home; and building coverage.

Mr. Messaros made a motion to open the public portion of the meeting, seconded by Mrs. Gerber, all ayes. Frank Fyffe, 485 Bowers Lane said that according to his deed, he has access down Bowers Lane even though his driveway goes out to DeKorte Drive. He asked whether the gravel part of Bowers Lane, which is in front of his house, would remain as is. He said that Bowers Lane is a functioning street, which the town maintains, and Mr. DiFlora stated that this will continue.

Dennis Brett, 483 Bowers Lane or 473 DeKorte Drive, stated that the federal government, or the Post Office, has told him that his address is 483 Bowers Lane and this is also noted on his deed. He said that he would like to have Bowers Lane left as is.

Elizabeth Johnson, 723 Franklin Avenue asked how this construction project would affect her and she questioned the shed. Mr. DiFlora stated that the shed will be removed and right now the house is blocking her view of the shed.

Theresa Rehain, 493 Cherry Street, questioned the size of the home and Mr. Weissman stated that it is 5,000 sq. ft. Access to the home is from Bowers Lane and the construction access will be through Bowers Lane and they cannot get to the lot via Cherry Street.

Mrs. Gerber made a motion to close the public portion of the meeting, seconded by Mr. McGuire, all ayes.

Mr. Davies again reviewed the items that the Board is considering. Based on those conditions, Mr. McGuire made a motion to approve the variance application, seconded by Mrs. Gerber.

Roll Call Vote

AYES: Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mrs. Messaros, Mr. Khoury, Mr. McGuire NAYS: None ABSTAIN: Mr. Bavagnoli

Cal.#2006-2 Frenkel, 671 Franklin Avenue, Block 2401.01, Lot 5, Requesting a 6-month extension on a previously approved application on February 2, 2006, by memorialization on March 2, 2006. The plans approved have not changed.

Mr. Frenkel was sworn by Mr. Davies. He said that they are having difficulty in finalizing archiectural plans. Mr. Frenkel stated that the footprint is not changing and they are simplifying the flow plan. Mr. Davies swore in Anthony Grippo who is the contractor. Mr. Grippo stated that they have been working BOARD OF ADJUSTMENT MEETING 10-5-06 PAGE 5 with several different plans in order to come up with an appealing residence. They are working within the footprint of the house and Mr. DiFlora cautioned that the layout of the lines on the site plan cannot vary in any direction. The septic has been designed and has been approved which was also part of the delay. Mr. Frenkel asked for an additional six months to allow for construction of the house. The resolution was memorialized on March 2nd with a building permit to be issued within six months.

Mr. DiFlora suggested a six month extension retroactive to September. Therefore, the extension will continue until March 2, 2007. Mr. Messaros made a motion to allow for an extension for the variance until March 2, 2007, seconded by Mr. Bognar.

Roll Call Vote

AYES: Mr. DiFlora, Mr. Gerber, Mr. Bognar, Mr. Messaros, Mr. McGuire, Mr. Khoury NAYS: None

VOUCHERS

Robert Davies, Esq. Services rendered to the Board $ 300.00 Frenkel 30.00 Lynch 181.00 Gee 151.00 Lammon 60.00 Hill 73.00 Montwaid 136.00 Spartan Builders 125.00 Vierheilig 75.00 Ruiz 75.00 Pezarski 97.00 Coastal Outdoor Advertising 30.00 Coastal Outdoor Advertising 45.00 Vierheilig 275.00 Services rendered to the Board (August) 460.00

Boswell Engineering FLK-2173 MONTWAID $ 220.50 FLK-1326 BANKS 117.00 FLK-2152 GEE 147.00 FLK-2152 GEE 183.75 FLK-2160 HILL 294.00 FLK-2089 WEBB 134.00 FLK-1718 CARBONE 110.25 FLK-1804 DANG 110.25 FLK-2152 GEE 119.25 FLK-2155 BERGSTEIN 147.00 FLK-2141 ZINN 108.75 FLK-1708 NANIDZHANYAN 32.50 FLK-2203 RUIZ 206.00

John Spizziri, Esq. FLK-1854 AZARIAN 150.00

Mr. Bavagnoli made a motion to approve the vouchers, seconded by Mr. Messaros.

Roll Call Vote

AYES: Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mr. Messaros, Mr. Khoury, Mr. McGuire, Mr. Bavagnoli NAYS: None RESOLUTIONS

GEE, 701 CARRIAGE LANE, BLOCK 1607.08, LOT 1 LYNCH, 583 FRANKLIN AVENUE, BLOCK 2411.02, LOT 1.01 MONTWAID, 492 ISLAND WAY, BLOCK 2514.02, LOT 5.03

BOARD OF ADJUSTMENT MEETING 10-5-06 PAGE 6

Mr. Bognar made a motion to approve the resolutions, seconded by Mr. Bavagnoli.

Roll Call Vote

AYES: Mr. DiFlora, Mr. Bognar, Mr. Messaros, Mr. Khoury, Mr. McGuire, Mr. Bavagnoli NAYS: None

MINUTES

August 3, 2006 – Mr. Messaros made a motion to approve the Minutes, seconded by Mr. McGuire.

Roll Call Vote

AYES: Mr. DiFlora, Mrs. Gerber, Mr. Messaros, Mr. Khoury, Mr. McGuire, Mr. Bavagnoli NAYS: None

September 7, 2006 – Mr. Messaros made a motion to approve the Minutes, seconded by Mr. McGuire.

Roll Call Vote

AYES: Mr. DiFlora, Mr. Bognar, Mr. Messaros, Mr. Khoury, Mr. McGuire, Mr. Bavagnoli NAYS: None