DRAFT MINUTES
REGULAR MEETING
BROOKFIELD ZONING BOARD OF APPEALS
Monday, June 7, 2010 - 7:00 p.m.
MEETING ROOM 133 TOWN HALL 100 POCONO RD
1.
CONVENE MEETING
Chairman Flynn convened the meeting at 7:12 p.m. and established a quorum of members. He then reviewed the policies and procedures that govern public hearings.
Present: Chairman M. Flynn, P. Donohue, G. Meyerle, N. Coppola, Alternate and Voting Member J. Brown
Absent: Vice Chairman C. Timmerman, Secretary S. Wallman
2. REVIEW
MINUTES: 5/3/10
N. Coppola moved to approve the Minutes of the May 3, 2010 meeting as submitted. P. Donohue seconded the motion, and it carried, 3-0-2, with G. Meyerle and J. Brown abstaining.
3. REVIEW
CORRESPONDENCE:
a. Minutes of other Boards & Commissions: Zoning Commission 4/22/10; 5/13/10; Inland Wetlands Commission 4/26/10;
5/10/10; Planning Commission 4/29/10 special, 5/6/10, 5/20/10; WPCA 4/28/10
b. Building Permits Law Bulletin May 2010 Issue
No discussion/no
motions.
a. 2 Greenview Road #201000303: Variance Requested: §242-402A 2.3 Structure to Center of Road; §242-402A 5.9 Structure to
Left Side Line; §242- 402A 11
Structure to Right Side Line for an addition (PH close date 7/12/10)
1. Map titled Zoning Location Survey / Existing prepared by Paul Fagan, Surveying Assoc. dated 3/24/10
2. Map titled Zoning Location Survey / Proposed dated 3/25/10
M. Murphy, Contractor, was present on behalf of the Marrons. Chairman Flynn indicated he visited the site this afternoon. The variance relates to an addition for a bedroom and a second story above that room to enhance the current master bedroom. Chairman Flynn stated that the zone is R100 and this was noted on the application. Mr. Murphy indicated that the lots in the area are one acre lots, and have been upzoned. This particular lot is a corner lot, therefore, it has two front yards. Mr. Murphy indicated that the 11 variance to the right side line for the proposed structure is new. It was noted that the hardship relates to the two front yards and the upzoning. A new septic system will be installed a bit further back on the property. The location of the garage was noted. Chairman Flynn acknowledged receipt of correspondence from the homeowners association regarding a water line that feeds a neighbors property. Mr. Murphy pointed out where he believes the water line is, however, there are no recorded easements documenting its location. There was discussion regarding allowing the other property owner to move the water line if there is no easement, within a reasonable amount of time. P. Donohue noted that the Marrons could agree to relocate the water line. The Chairman stated that he spoke with Town Counsel, and that water line issue is a civil matter since there is no easement. Mr. Murphy is aware of the location of the one shut off valve. The first draft of the architectural elevations was reviewed. Chairman Flynn inquired if there were neighbors present that wished to view the drawings, and there were none in the audience. The architectural draft was added to the record. N. Coppola inquired regarding the location of the septic system, and the location was pointed out by Mr. Murphy. Mr. Murphy assured the Board that the location of the water line would be identified.
No one was present to
speak in favor of the application, nor was anyone present to speak in
opposition to the application.
The letter from Scalzo Management dated May 27, 2010 was read into the record by N. Coppola.
N. Coppola moved to close the Public Hearing re: 2 Greenview Road, #201000303, Variance Requested: §242-402A 2.3, Structure to Center of Road; §242-402A 5.9 Structure to Left Side Line; §242-402A 11 Structure to Right Side Line for an addition, at 7:26 p.m. G. Meyerle seconded the motion, and it carried unanimously.
b. 14 Pleasant Rise Circle #201000260: Variance Requested: §242-402A 13 structure to center of road; §242-402A 3% of lot coverage to
rebuild a garage with a playroom
above; §242-402A 46 structure to center of road; §242-402A
9 structure to left side line to bring pre-existing structures into conformity
(PH close date 7/12/10)
1. Map titled Additions & Alterations Oldham Residence prepared by BBS Design, LLC dated 4/13/10 Drawing No SK-1
2. Zoning Location Survey prepared by Brautigam Land Surveyors, P.C. dated 4/7/10
S. DeMarco, Contractor, and S. Oldham, Property Owner, were present. Chairman Flynn noted he visited the site today. Mr. DeMarco indicated that the variances will bring the house into conformity, as it is pre-existing and non-conforming. The current garage is in disrepair, and will be renovated by adding 3 X 26 and 5 X 24. This property is also a corner lot with two front yards. Chairman Flynn noted that the only change from what the property owners currently have is 3 on one side, and 24 X 5 on the other side. The hardship relates to the two front yards and upzoning. Mr. Donohue indicated he also visited the site and shared photographs of the site with the other members.
No one was present to
speak in favor of the application, nor was anyone present to speak in
opposition to the application.
P. Donohue moved to close the Public Hearing re: 14 Pleasant Rise Circle, Variance Requested: §242-402A 13structure to center of road; §242-402A 3% of lot coverage to rebuild a garage with a playroom above; §242-402A 46 structure to center of road; §242-402A 9 structure to left side line to bring pre-existing structures into conformity, at 7:31 p.m. N. Coppola seconded the motion, and it carried unanimously.
c. 1
Meadowview Drive #201000410: Variance
Requested: §242-402A 8 structure to left side line for a storage shed. (PH close date 7/12/10)
1. Sketch of proposed shed on survey map dated 8/30/85 received in Land Use 5/17/10
M. Lynch, 1 Meadowview Dr., was present. He brought additional photographs of the site for the Board members review. The variance relates to a storage shed. Mr. Lynch indicated that the photographs demonstrate difficulties with the topography. Mr. Coppola stated that he visited the site and also noted the sloping. The lot is a nonconforming lot. The proposed 10 X 16 shed will be used for garden equipment and pool supplies. All other regulations are met. The dropping off near the pool fence was noted. P. Donohue pointed out to Mr. Lynch that he cannot go closer than the 42 feet, and he may have to get a surveyor to confirm the measurements. Mr. Coppola inquired of Mr. Lynch if he could turn the shed along the fence, and Mr. Lynch explained that he will add a door to access the shed from the pool area. The slope and proposed corner of the shed were noted in the photographs submitted by the applicant.
No one was present to
speak in favor of the application, nor was anyone present to speak in
opposition to the application.
N. Coppola moved to close the Public Hearing re: 1 Meadowview Dr., #201000410, Variance Requested: §242-402A 8 structure to left side line for a storage shed, at 7:38 p.m. G. Meyerle seconded the motion, and it carried unanimously.
d. 28 South Lakeshore Drive #201000414: Variance Requested: §242-402A 13.1% of Lot Coverage to build a garage.
1. Map of 28 South Lakeshore Drive prepared by Robert W. Grossenbacher L.S. dated 3/10/10
P. and N. Edelstein, Property Owners, and J. Rynn, Contractor, were present. A garage is being proposed for this small lot. Chairman Flynn noted that the lot now has 32% coverage, and the applicant is requesting 38%. Mr. Donohue and Chairman Flynn visited the site today. All other regulations are met, per Mr. Rynn. He stated that Mr. Edelstein is handicapped due to back surgery and he would like the garage to safely access his house. The proposed location is the only possible place to put the garage. The shed currently on the property will be removed. Mr. Edelstein noted that many of the lots in the Candlewood Shores are small, and his is the only one without a garage on Lakeshore Drive. Chairman Flynn noted the excessiveness of the request, in the quarter-acre zone. Mr. Rynn indicated that there were many other variances issued on the street for garages. Chairman Flynn explained that variances run with the land, and the property owners medical issues could be taken into account, but cannot be the sole determining factor. Mr. Edelstein explained that the topography of the site is steep, and the hardship is due to this (getting from the parking on the street level to the front door). He also noted the precedent of other variances being granted for garages on the neighboring site. Photographs taken by P. Donohue were shared with the Board, and pointed out where the proposed garage would sit. Mr. Donohue also indicated that of four of the six houses in the immediate area already have similar garage arrangements. Chairman Flynn noted the lot area, and inquired of Mr. Rynn if he was aware of the lot coverage percentages for those sites, to show that it is in keeping with the neighborhood. Mr. Edelstein shared the Tax Assessors map which shows that the lots are similar in size, and virtually every house has the garage. He further noted that two vehicles would be removed from the road if the garage is allowed. The acreage size of the neighboring houses was reviewed. There is a survey in the file that shows that all other requirements are met outside of the lot coverage. Mr. Donohue noted the dangerous nature of the path in the winter season. Mr. Edelstein reiterated that the other homes on the street have a garage; that he has a particularly steep slope; and it would be of assistance to him due to his medical disability. The Tax Assessor map was entered into the record. It was noted that the request is not a diversion of what is currently in the neighborhood.
Jane Newman, 30 Lakeshore Dr. was present, and spoke in favor of the application. No one was present to speak in opposition. Mr. Edelstein pointed out that Mrs. Newmans property is closest to where the proposed garage is. N. Edelstien noted she has slipped on the site in the past.
N. Coppola moved to close the Public Hearing re: 28 South Lakeshore Dr., #201000414, Variance Requested: §242-402A 13.1% of Lot Coverage to build a garage, at 7:54 p.m. P. Donohue seconded the motion, and it carried unanimously.
A brief recess was taken between 7:55 p.m. and 8:06 p.m.
DELIBERATIONS
a. 2 Greenview Road #201000303: Variance Requested: §242-402A 2.3 Structure to Center of Road; §242-402A 5.9 Structure to
Left Side Line; §242- 402A 11
Structure to Right Side Line for an addition (PH close date 7/12/10)
1. Map titled Zoning Location Survey / Existing prepared by Paul Fagan, Surveying Assoc. dated 3/24/10
2. Map titled Zoning Location Survey / Proposed dated 3/25/10
P. Donohue moved to approve the application re: 2 Greenview Road, #201000303, Variance Requested: §242-402A 2.3 Structure to Center of Road; §242-402A 5.9 Structure to Left Side Line; §242- 402A 11 Structure to Right Side Line for an addition. N. Coppola seconded the motion.
Chairman Flynn moved to amend the motion to include: locating the water pipe, using whatever means necessary (Call Before You Dig) to ensure that the water pipe is not disturbed and that the neighbor will have a reasonable amount of time to move it or correct the situation by agreement between the property owners, to maintain the water service without disruption. N. Coppola seconded the motion to amend. Motion to amend the motion carried unanimously. The hardship relates to the site being a corner lot (two front yards), and the upzoning. Motion carried unanimously. Variance approved. Reason: The site is corner lot and had been upzoned.
b. 14 Pleasant Rise Circle #201000260: Variance Requested: §242-402A 13 structure to center of road; §242-402A 3% of lot coverage to
rebuild a garage with a playroom
above; §242-402A 46 structure to center of road; §242-402A
9 structure to left side line to bring pre-existing structures into conformity
(PH close date 7/12/10)
1. Map titled Additions & Alterations Oldham Residence prepared by BBS Design, LLC dated 4/13/10 Drawing No SK-1
2. Zoning Location Survey prepared by Brautigam Land Surveyors, P.C. dated 4/7/10
J. Brown moved to approve the application for: 14 Pleasant Rise Circle, #201000260, Variance Requested: §242-402A 13 structure to center of road; §242-402A 3% of lot coverage to rebuild a garage with a playroom above; §242-402A 46 structure to center of road; §242-402A 9 structure to left side line to bring pre-existing structures into conformity. P. Donohue seconded the motion. It was noted that the variance relates to recognizing the nonconformity, that the request makes the garage just a bit bigger, and the site had been upzoned. It was further stated that the request is in keeping with the neighborhood and will be an improvement. Motion carried unanimously. Variance approved. Reason: Nonconforming site, property was upzoned, request was reasonable, and is in keeping with the neighborhood.
c. 1
Meadowview Drive #201000410: Variance
Requested: §242-402A 8 structure to left side line for a storage shed. (PH close date 7/12/10)
1. Sketch of proposed shed on survey map dated 8/30/85 received in Land Use 5/17/10
J. Brown moved to approve the application re: 1 Meadowview Dr., #201000410, Variance Requested: §242-402A 8 structure to left side line for a storage shed. N. Coppola seconded the motion. It was noted that the shed will not be visible, and it is a minimal request. The hardship relates to the slope of the property. It was further stated that the site was upzoned. Motion carried unanimously. Variance approved. Reason: It is a minimal request; the shed will not be visible, and the topography of the land is the hardship. Additionally, the site was upzoned.
d. 28 South Lakeshore Drive #201000414: Variance Requested: §242-402A 13.1% of Lot Coverage to build a garage.
1. Map of 28 South Lakeshore Drive prepared by Robert W. Grossenbacher L.S. dated 3/10/10
P. Donohue moved to approve the application re: 28 South Lakeshore Dr., #201000414, Variance Requested: §242-402A 13.1% of Lot Coverage to build a garage. N. Coppola seconded the motion. Chairman Flynn noted that initially, he had reservations due to the excessiveness of the lot coverage, but after reviewing the Tax Assessors map, he became aware that most of the homes of similar sizes, on similar sized lots, on the same street have similarly sized garage garages. Additionally, Mr. Donohue indicated the property owner was removing the shed to mitigate the coverage. Further, the handicapped status of the property owner is a consideration. J. Brown inquired regarding the hardship. Chairman Flynn explained that a variance can be approved if it is in conformity with the neighborhood. He also noted that the sloping of the land, in conjunction with the property owners disability, make it reasonable. Additionally, the closest abutting neighbor has spoken in favor of the application. Motion carried unanimously. Variance approved. Reason: It is consistent with what is present in the neighborhood and the application is not a departure of what is present in the area. The request is reasonable. Additionally, the sloping of the land, and the property owners disability, are considered.
G. Meyerle moved to adjourn the meeting at 8:18 p.m. J. Brown seconded the motion, and it carried unanimously.
***Next meeting Scheduled for July 12, 2010***