Board of Adjustment

BOARD OF ADJUSTMENT

MINUTES

FEBRUARY 2, 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. Wolf, Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mr. Khoury, Mr. Messaros,

Mr. Sivakumar, Mr. Mc Guire

Absent: Mr. Coker

Mr. Wolf announced that Mr. Sivakumar was the new alternate member of the Zoning Board of Adjustment and he was sworn in by Mr. Davies.

OLD BUSINESS

Cal.#2005-22Application For Jiminez, 605 Farmdale Road, Block 1201.03, Lot 1, Dimensional

Variances, CARRIED FROM JANUARY 5, 2005 MEETING

Larry Tinghino, attorney substituting for Anthony Andora, who appeared at the last meeting, introduced himself. He stated that the engineer has submitted a new plan revised through January 8, 2006. The outstanding issues are the lot coverage, side yard and the location of the pool and patio.

Denis Nicolaysen, 730 Colonial Road, Franklin Lakes, engineer for the project, was again sworn by Mr. Davies. He testified that the patio and pool had been relocated to conform to the 25’ side yard setbacks. The berm has been lowered and the impervious coverage has been reduced slightly to 30.5%, however, still requires a variance.

Mr. Wolf recalled a conversation last month on plantings along the property line to hide the pool from adjoining neighbors. Mr. Tinghino stated that Mr. Jiminez agreed to Scotch Pine plantings along the berm on both sides of the pool. Mr. Wolf stated that the plantings must be satisfactory to the Borough Engineer and the Shade Tree Commission.

Mr. Wolf stated that there is a bridge over the circular driveway and stairs going down to ground level, which is an existing nonconformity of the front yard setback. This structure was constructed when the house was built. There is no issue with runoff because the property is entirely level. The Borough Engineer stated that water will disperse into the side yards and if there are any ponding areas, a seepage pit with a grate could be installed. Any drainage problems on this property will be the responsibility of the owners and will not involve any neighbors.

Mr. Messaros made a motion to open the public portion of the meeting, seconded by Mr. Bognar, all ayes. No one from the public came forward and Mr. Bognar made a motion to close the public portion of the meeting, seconded by Mr. DiFlora, all ayes.

Mr. Davies marked Mr. Nicolaysen’s revised plan dated: “May 30, 2005, revised through January 8, 2006, Proposed Pool and Spa, Jimenez Residence, 605 Farmdale Road, Borough of Franklin Lakes, NJ” into evidence as A-7.

Mr. Wolf stated that the existing lot coverage is nonconforming at 25.7% and the applicant proposes new coverage of 30.5%. There is a berm around the back corner of the lot in the area of the proposed pool. The lot is very flat and any runoff will remain on his property. The variances have been reduced from three, at the time of the initial application, to one. Mr. Wolf stated that the plantings on the berm must be of a sufficient size and density so as to be acceptable to the Borough Engineer and Borough Shade Tree Commission. The Soil Moving Permit should be approved subject to the conditions of the Borough Engineer. The Borough Engineer requested an as-built drawing at the conclusion of construction.

Mr. Davies summarized that if this variance is granted it will be because there are a lot of swimming pools on properties in the area and the Board has concluded that a denial would deprive Mr. Jiminez of a normal and reasonable use of his land. The Board has also reviewed the reasons for impervious lot coverage and has decided there will be no problem with runoff and the berm will control any problems connected with that issue.

Mr. Messaros stated that every piece of property cannot physically support a pool. Mrs. Gerber pointed out that the manner in which the house was built is a partial cause of the lot coverage being what it is, and there are also the other structures including the bridge, stairways and landing. The lot coverage and the prior nonconformity of the short front yard were permitted by the Borough at the time of construction.

Mrs. Gerber made a motion to approve the variance application based on the above, seconded by Mr. DiFlora.

Roll Call Vote

AYES:Mr. Wolf, Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mr. Messaros, Mr. McGuire,

Mr. Khoury

NAYS:None

NEW BUSINESS

Cal#2006-2Application For Frenkel, 671 Franklin Avenue, Block 2401.01, Lot 5, Dimensional

Variances, which are in violation of the following Section of the Ordinance:

300-102, Lot Width, Required 150 feet, Existing/Proposed 134.2 feet,

Variance 15.8 feet.

Alan A. Frenkel, applicant, was sworn by Mr. Davies. Sean McClellan, of Weissman Engineering, was also sworn by Mr. Davies. Mr. Frenkel stated that he proposes to demolish the existing dwelling and replace it with a new two story dwelling with attached garage, basement and a rear deck.

Mr. McClellan stated that the required side yard setback is 25’ and the applicant proposes a front yard setback of 26.8’ on the right, however, no dimension is shown on the drawing for the left side. The back corner of the home is 49’ from the northern side yard and the driveway is set back 17.9’. This is the A-22.5 zone and the required buffer reduces to 15’. The Borough Engineer confirmed that the driveway, and the proposed home are conforming on all front and side setbacks. The existing home is a non-conforming dwelling, which will be eliminated. The new dwelling also conforms to the height requirements of the Borough.

Mr. Wolf stated that Board of Health approval is required for the new septic system. A tree removal permit is also required. Any approvals will be subject to the requirements of the Borough Engineer’s letter dated November 5, 2005. Ms. Tiberi, the Borough Engineer, stated that there are additional trees on the property not shown on the plan and she asked that the trees be mapped and noted to remain because they are in the buffer. There is an existing inlet, which needs to be mapped including details on the piping and whether or not it is being removed or whether it will remain. The topographical map shows the south side yard as a gentle slope draining to the wetlands. However, on the south side of the site there is a small ditch that needs to be mapped and the applicant must show whether this will be drained or filled and what impact this will have on the southern neighbor. She concluded by stating that the information on the side yard is not accurate.

Mr. Khoury made a motion to open the public portion of the meeting, seconded by Mr. McGuire, all ayes. Mr. Wolf asked for questions concerning the applicant and the engineer regarding tonight’s testimony. Nelson Winoker, 665 Franklin Avenue, came forward and stated he is the neighbor on the southerly side of the applicant. Mr. Winoker stated that his main concern is drainage and at this time there is a 2’ deep trench running from Franklin Avenue to the wetlands buffer zone. On the plan, the property is shown as flat across and Mr. Winoker asked why the site plan doesn’t show this. Ms. Tiberi stated that it appears that the surveyors missed the ditch. Mr. Winoker stated that the water from his property drains into the applicant’s ditch. Ms. Tiberi stated that it is important to have the drainage ditch mapped and, if it has shifted, a swale will have to be created to move the water between the two properties. Mr. Wolf said that the resolution would have to contain wording that the drainage ditch be required to be moved from the adjacent to the existing dwelling and to be located precisely at the property line so that both properties can drain into the ditch but not drain onto each other’s properties. However, there may be vegetation growing that will need to be removed. Ms. Tiberi said that any analysis must be sensitive to mature trees in the buffer area.

Mr. Winoker referred to the inlet and stated that there is an outlet at the western end of the pond. He showed the Board the filed map of all the properties along Old Mill Road that shows many of the residents have a drainage easement in the rear and an inlet opening from the pond and an outlet to the drainage easement. Ms. Tiberi stated that the applicant’s engineer would be responsible to map all existing drainage through the area. Mr. Wolf stated that the applicant’s engineer must map the drainage and then review it with the Borough Engineer for changes that may be required to provide adequate runoff from all of the properties. The runoff is into the pond, which is part of the wetlands. Ms. Tiberi stated that there is an inlet shown on the map that has no information regarding pipes coming in or out or if it is connected to the pond. It needs to be mapped because if it is a continual system it needs to be maintained, and if it is not a continual system, it can be modified specifically for the new house. She said that the surveyors need to go back out to the property and do a more thorough job regarding trees, topography, etc. to determine what they are actually dealing with.

Mr. Wolf stated that drainage on the right hand and left hand sides of the house must be presented to the Borough Engineer for her approval as a requirement of the variance approval. The applicant and his engineer agreed to this condition. A Board Member observed that the installation of a drainage ditch is probably necessary between the property line and the side line of the new building. The Borough Engineer stated that the applicant must create a positive pitch away from the house into the side yard. The neighbor presently has water going into the side yard, which drains to the back. The positive pitch will allow for the water to drain to the rear lower portion of the property. Mr. Wolf told Mr. Winoker that it is incumbent upon the applicant to keep the pitch into the new drainage ditch, which, he added, would be a requirement of approval. As indicated earlier by Ms. Tiberi, there must be no adverse impact to the neighbors to the south.

Mr. Winoker stated that he spoke with the Sanitarian who indicated that after examining the plan, the Sanitarian did not think that it would accommodate a five-bedroom house. The plan shows the septic system draining into the inlet to the left inlet to the west side of the property and Ms. Tiberi stated this is the inlet that they have provided no information about. She added that the Board of Health has several concerns regarding this proposed dwelling and to date the system as proposed has not been approved.

Mr. Winoker stated that in his opinion this house is overwhelming, however, Mr. Wolf stated that if the dwelling meets the requirements of the ordinance, the applicant has a right to build what is proposed. The property is undersized in a certain area; however, the Borough has taxed the property as an acceptable building lot for many years.

Heinz Boyajian, 660 Old Mill Road, said there is an easement behind his property and he is very concerned about drainage. He described a stream that runs behind the properties on Old Mill Road, turns into Old Mill Road, underground, where it becomes visible on the other side of the street. He wants to make sure there will not be excess water coming down as a result of this new development. The applicant’s engineer stated that the property will have adequate seepage pits. Ms. Tiberi stated that the applicant must provide adequate collection by means of seepage pits so that Mr. Boyajian should get less water going into the pond and into the wetlands.

Mr. Winoker stated that the ground in this area is totally saturated and he questioned how effective the seepage pits would be. Ms. Tiberi stated that if the ground water is shallow the seepage pit could become ineffective. However, she pointed out that the seepage pit has stone and filter fabric to help stop the water from coming in and help the water to be piped out. She added that the engineering department inspects the pits before they are backfilled to make sure they function correctly. If the seepage pit is inundated with water, this location will not be approved. If there were no other area for a seepage pit, the applicant would have to find a way to pipe the increased runoff away from the property. Ms. Tiberi said that she would work out any problems with the applicant’s engineer and that a Certificate of Occupancy would not be issued until any drainage problems were resolved. She conceded that this is a wet site that could become problematic.

No one else from the public came forward and Mr. DiFlora made a motion to close the public portion of the meeting, seconded by Mr. Khoury, all ayes.

Mr. Wolf stated that the Borough has accepted the property as a building lot for many years. The applicant has stated that he cannot obtain additional property to bring the lot up to size as far as width is concerned and lot width is the only item that is nonconforming. Other problem items relate to drainage, trees in the buffer on the south side, driveway drainage, side yard drainage and south side drainage. The plan must be revised to show Belgium block curbing to line the driveway, and the engineer’s review letter requires that seepage pits must be inspected by the engineering department and final approval or CO will not be issued without the inspection of these seepage pits. Drainage calculations are accepted for the capacity of the seepage pits and it appears that capacity is adequate. The Board approves the soil-moving permit subject to the approval of the Borough Engineer.

Mr. Davies recited wording that will be included in the resolution regarding mapping of all drainage, pipes and inlets, which must be reviewed by the Borough Engineer for accuracy on both the right hand and left hand sides of the property.

Mr. Khoury made a motion to approve the application with the conditions as stated, seconded by Mr. DiFlora.

Roll Call Vote

AYES:Mr. Wolf, Mr. DiFlora, Mrs. Gerber. Mr. Bognar, Mr., Khoury,

Mr. Messaros, Mr. McGuire, Mr. Sivakumar

NAYS:None

VOUCHERS

Davies, Davies and Sandburg

Colaciano$ 935.00

Coastal Advertising 100.00

Services Rendered to the Board 1095.00

Boswell EngineeringFLK-1847DELLA FAVE$ 130.00

FLK-1888RUGGIERO 71.50

FLK-1883TOMMAC CONSTR. 71.50

FLK-1877VIERHEILIG 143.00

FLK-1975SHABSIGH 353.25

FLK-2072VAN ORDEN 143.00

FLK-2111FRENKEL 178.75

FLK-2055JIMINEZ 35.75

FLK-2009SELA 71.50

FLK-2061WELCH 107.25

FLK-1913ZOLLO 71.50

FLK-1928NOGID 536.25

FLK-1922DANESE 35.75

FLK-2118CATUOGNO 286.00

FLK-1972CLASSIC REALTY 71.50

FLK-2111FRENKEL 214.50

JOHN SPIZZIRI, ESQ.FLK-2066DELLAPI 37.50

Mr. Khoury made a motion to approve the vouchers, seconded by Mrs. Gerber.

Roll Call Vote

AYES:Mr. Wolf, Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mrs. Messaros,

Mr. Khoury, Mr. McGuire, Mr. Sivakumar

NAYS:None

RESOLUTIONS

DELLAPI, BLOCK 1601.02, LOT 1.05

MITNICK, BLOCK 1511, LOT 1.02

NOGID, BLOCK 3204, LOT 1

Mr. Messaros made a motion to memorialize the above listed Resolutions, seconded by Mr. Khoury.

Roll Call Vote

AYES:Mr. Wolf, Mr. DiFlora, Mrs. Gerber, Mr. Bognar, Mr. Messaros,

Mr. Khoury, Mr. McGuire

NAYS:None

MINUTES

The Minutes of January 5, 2006 were presented for approval. Mrs. Gerber made a motion to approve the Minutes as amended, seconded by Mr. Bognar.

Roll Call Vote

AYES: Mr. Wolf, Mr. DiFlora, Mr. Messaros, Mrs. Gerber, Mr. Khoury,

Mr. Bognar, Mr. McGuire

NAYS: None

The meeting was adjourned at 10:30 P.M.