PLANNING BOARD BOROUGH OF ATLANTIC HIGHLANDS APRIL 10, 2008

WORKSHOP MEETING: Call to Order: PLANNING BOARD BOROUGH OF ATLANTIC HIGHLANDS APRIL 10, 2008 7:33 P.M. Members Present Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough Members Absent Mr. Chiles (exc), Mr. Ackerson (exc), Mr. Kelley (exc), Mrs. Murray Michael B. Steib was present as Board Attorney. David Marks was present as Board Engineer. Chairman Kuzmin said the meeting is in compliance with the Open Public Meetings Act. He called for a silent prayer followed by the Pledge of Allegiance. Pending Litigation: Mr. Steib said there is no pending litigation at this time. Other Business: Mr. Greco asked if Mr. Steib had been able to gather the Trial Checklists for the Board. Mr. Steib said he had and he would make them available to the Board members. Mr. Greco asked if there was any discussion with the Borough Administrator and Clerk regarding the Board using USB Ports and thereby reducing the amount of paper distributed to the Board. Chairman Kuzmin said he did have a discussion regarding this process and it was decided that this change would benefit the board as well as lessen costs to future applicants. Chairman Kuzmin asked Mr. Steib what the next step would be. Mr. Steib advised that the Board should be polled; to be sure there is a majority who want to give this a try. If the Board is in agreement, they should give it a try. Mrs. Caffrey asked that there be a training session before this is implemented. Discussion followed as to how the files would be formatted and transferred. It was decided that in the Board will receive both paper copies and a zip drive, starting in June. Mr. Howe asked what the status was on the update of the zoning map and review of ordinances by Scangarello and Associates. He said that he spoke to Adam Hubeny today and was told that the Borough is in the process of codifying the ordinances and wondered why this was being done before the Planner has had a chance to make any suggestions regarding the ordinances. Mr. Steib said that these are two different things. He explained the codification process and said that with this process the code would be up to date at any given time. Mr. Steib then explained that the Scangarello issue is looking to make amendments to the current codes, which will be brought to the Governing Body and if it is felt that these amendments have merit they will be adopted as an amendment to the ordinance and the codification company will add this to their next update. Mr. Howe said that Mr. Scangarello is waiting for a go ahead from the Board to proceed and was told that the Board is waiting for the adoption of the Budget. 1

Chairman Kuzmin asked if the Resolutions could be put on the web site, after they are approved and memorialized. Mr. Steib said he sees no problem with that. MR. GRECO MOVED TO ADJOURN THE WORKSHOP MEETING, SECONDED BY MRS. CAFFREY. Ayes: Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough There being no further business to come before the Board, the Workshop Meeting adjourned at 7:51 p.m. Michelle Clark Planning Board Secretary REGULAR MEETING: Call to Order: PLANNING BOARD BOROUGH OF ATLANTIC HIGHLANDS APRIL 10, 2008 7:51 P.M. Members Present Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough Members Absent Mr. Chiles (exc), Mr. Ackerson (exc), Mr. Kelley (exc), Mrs. Murray Michael B. Steib was present as Board Attorney. David Marks was present as Board Engineer. PB06-02, Block 117 Lot 8, 35 First Avenue (SFC Enterprises) Memorialize Resolution Granting Variance Approval. Mr. Steib explained that due to the sheer volume of this case, the resolution is not ready for tonight s meeting. He has spoken to Mr. Leckstein and Mr. McGann s Office and neither has any objection to this resolution being memorialized at the regular May meeting. Mr. Steib told the Board that Mr. Leckstein stated that he will be bringing this case to litigation. Mrs. Caffrey asked Mr. Steib to explain the litigation process, which he did. Discussion followed. PB07-12, Block 94, Lot 19, 45 Fourth Avenue (Tulipano) Application for Subdivision. Mr. Steib explained that the applicant s attorney has sent a letter requesting the withdrawal of this application. Mr. Steib asked for a motion to dismiss this application. 2

MR. GRECO MOVED TO DISMISS APPLICATION WITHOUT PREJUDICE, SECONDED BY MRS. RAST. Ayes: Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough Mr. Steib asked to move to Number 8 on the agenda. PB08-04, Block 13, Lot 6, 3 Hilton Road (Pasiliene) Application for Steep Slope Appeal and Variances. Mr. Steib explained that this application was scheduled for tonight, but due to a misunderstanding the applicant has not noticed they will not be heard tonight. Mr. Steib announced to the public that this application will be scheduled for the May 8 th meeting and notice will be served prior to that meeting. Chairman Kuzmin asked to move to items 9 and 10 at this time. MR. GRECO MOVED TO APPROVE THE MINUTES OF THE MARCH 13, 2008 MEETING, SECONDED BY MRS. CAFFREY. Ayes: Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough Abstain: Mrs. Rast, Councilman Fligor MR. GRECO MOVED FOR THE APPROVAL OF ATTORNEY S VOUCHER FOR FEBRUARY 2008 IN THE AMOUNT OF $1,822.50, SECONDED BY MRS. CAFFREY. Ayes: Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough PB07-08, Block 127, Lot 16, 51 Center Avenue (Gill) Application for Variance. Mr. Steib noted that this application has been carried from a previous meeting, service was already reviewed and the Board does have jurisdiction over this matter. Mr. Steib listed the exhibits already received on behalf of this application. Exhibit A-1, Zoning Permit Rejection from Zoning Officer Marianne Hanko, undated. Exhibit A-2, Application for Variance for Brian Gill, dated July 26, 2007. Exhibit A-3, Survey of Lot 16, Block 127, prepared by Thomas Finnegan, Land Surveyor, dated April 2, 2007. Exhibit A-4, Survey of Lot 16, Block 127, prepared by Thomas Finnegan, Land Surveyor, with hand written revisions, dated April 2, 2007. Exhibit A-5, hand drawn elevation and floor plan sketch, consisting of four sheets. Mr. Steib mentioned that over a year ago he did represent Mr. Gill in a Real Estate matter. Mr. Steib has not represented him since that time, and does 3

not feel that this will impair his ability to advise the board on this matter. Mr. Brian Gill, 51 Center Avenue was sworn in by Mr. Steib. Mr. Gill told the Board that the house has one bedroom, one bath and is about 750 square feet. The house is located on a small lot, 23 X 130, and he would like to add about 560 square feet, which would consist of 2 bedrooms and 1½ baths. He said he has room in the back and would like to extend fourteen feet on one side, twenty feet on the other side, going up a full two stories. Mr. Gill said he is not going any wider, they will go straight back and would also like a one car driveway. Mr. Marks, T&M Associates, gave Mr. Steib photographs, which he had taken and Mr. Steib marked these into evidence. Exhibit A-6a, Front view of the existing residence. Exhibit A-6b, View of the Backyard. Exhibit A-6c and A-6d, photos of front sidewalk. Discussion followed. Mr. Gill said the total height of the house would be about 24 feet, which will still be a bit lower than the houses on each side. No questions from the Board. Mr. Marks said that any work done on the right of way would needs to meet ordinance requirements. Mr. Gill agreed. There were no Public questions. Chairman Kuzmin asked for Board comments. Discussion followed regarding the curbing, driveway and driveway material. Chairman Kuzmin told the board that the driveway is not a part of this application and although the board may make suggestions, the applicant may or may not comply. Mr. Greco said this is certainly a hardship case and he is happy to see these improvements being done. Chairman Kuzmin asked for Public comments, there were none. MR. GRECO MOVED TO APPROVE THIS APPLICATION, SECONDED BY MR. D AGUANNO. Ayes: Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough PB07-11, Block 48, Lot 9, Simpson Avenue (Luttrell) Application for Variances. Chairman Kuzmin stated that Mr. Luttrell had represented the seller of his present house, but he did not have any direct dealing with Mr. Luttrell and does not feel that this will in any way comprise his ability to hear this application. Mr. Luttrell had no objections. Mr. Steib said that he has reviewed service in this matter and that the Board does have jurisdiction to hear this case. Mr. Steib then listed the exhibits which have already been provided to the Board. Exhibit A-1, Zoning Review by Zoning Officer Marianne Hanko, dated November 16, 2007. Exhibit A-2, Application of Lawrence Luttrell, dated November 8, 2007. Exhibit A-3, Copy of deed, recorded October 26, 2007, from McFarland to Ginger Group LLC. Exhibit A-4, Survey prepared by Control Layouts, Inc., dated March 20, 2007. Exhibit A-5, Elevated Floor and Plot Plan, prepared by Se Hwan Kim, Architect, dated October 10, 2007. Exhibit A-6, Updated Revised Floor Plan and Plot Plan, prepared by Se Hwan Kim, Architect, dated March 10, 2008. Mr. Steib made note to the Board that the revised plan was received in this office today and that he has reviewed the revised plans and essentially the only change is a reduction in the size of the structure to eliminate one of the variances. Mr. Lawrence Luttrell, Applicant, 14 Briar Hill Road, Holmdel and Mr. John Dolan, 30 Memorial Parkway, Atlantic 4

Highlands, Owner of Ginger Group and of the property on Simpson Avenue were both sworn in. Mr. Luttrell explained that this is an application for construction of a new home. The lot is in the R1 Zone and lot size is 50 wide x 105 deep. They are seeking two variances, one for Frontage, 75 feet are required and 50 feet exist and one for Total Lot Coverage 7,500 square feet is required and 5,250 square feet exist. The proposed house consists of a two-story A-Frame Colonial with three bedrooms and a one car garage consisting of 2,098 square feet, 26 feet high. Mr. Luttrell asked that exhibits A-7 and A-8 be marked. These exhibits show the tax map depicting Blocks 48, 49 and 62 which are the blocks within 200 feet of the property. Exhibit A-7 is sheet 13 of the Tax Map and depicts Block 48 and the subject property, Lot 9. Exhibit A-8 is sheet 12 of the Tax map. Mr. Luttrell stated that the yellow lots are undersized and the lots in blue are conforming. Mr. Luttrell explained that none of the adjoining properties has land that could be sold to make Lot 9 become conforming. Within the 27 lots in the 200 foot radius only nine of these are conforming. Mr. Luttrell asked to have exhibit A-9 marked. Exhibit A-9 is a photo of existing property with copy of proposed elevation attached. Depicts the type of house they would like to put up. Mr. Luttrell said this house does mimic the house next door. Exhibit A-10 was marked, handouts to the Board consisting of 10 photos of the subject property and other properties in the area with undersized lots. Mr. Luttrell said that this exhibit shows that this proposed house will not be out of character with the neighborhood. Mr. Chiles arrived at this time 8:38 pm. Mr. Luttrell continued. He explained the Landscape plan. Mrs. Caffrey asked for some clarification of the plans. Mr. Luttrell asked to have Exhibit A-11 marked. He explained that this exhibit is a satellite view of the area, most particularly Blocks 48 and 49. Mr. Luttrell gave copies of this exhibit to the Board. Mr. Luttrell said that from this view you can see that the proposed house will fit within this lot and will not be bulging at the seams. With respect to Exhibit A-7, he said you see plenty of open space in addition to the 10 foot side yards on the proposed dwelling. The width will be about the same regardless of the type of house being built. Mr. Luttrell said that this proposed house is not out of character for this neighborhood. If a ranch is put up there, there is a probability that a second story could be added without needing any variance relief. Mr. Luttrell said that he feels that this house conforms to the area, it is not completely out of character, it is not a determent to the area and they are guaranteed of what they are getting. Mrs. Rast asked if the house on Simpson is in line with the other homes. Mr. Luttrell said that it will be set back further than most of the other houses in that area. Side setbacks were discussed. Mr. Luttrell said that the building envelope can be moved if needed. Mr. Marks asked if the applicant would agree to a Grading Plan being a condition of approval. He would also like the roof leaders to run out to Simpson Avenue. He would like to see a Plant Schedule for the Evergreen Trees and would like it agreed that any Right of Way improvements will meet ordinance requirements. Chairman Kuzmin asked Mr. Marks opinion about a basement in this area. Mr. Marks said that the applicant would need to take soil borings to check for water intrusion, but it is not necessary for the Board to dictate basement or crawlspace. Mr. Greco said that this would be a construction issue rather than a Planning Board issue. Councilman Fligor expressed his 5

concern that the applicant may raise the height of the foundation to above grade. Mr. Luttrell said they will consent to a height limitation. Councilman Fligor asked for an As Built Survey. Mr. Luttrell agreed. Mrs. Caffrey questioned moving the building envelope over. Mr. Luttrell said he could put it right on the right side line, closer to lot 9. Mr. Marks said this could become an issue with the driveway. Mr. Luttrell said they could cut the driveway down, if need be. Mrs. Rast asked if the air conditioner unit could be over the side yard setback. Councilman Fligor said yes, it would need a five foot setback. Chairman Kuzmin asked for Public questions. Mr. William Phillips, 124 Memorial Parkway, was sworn in by Mr. Steib. Mr. Phillips asked about the new revised plans. He said Mr. Dolan did a wonderful job on the Grand Avenue property. Mr. Phillips said that he was at Borough Hall yesterday to review the plans on file, and now finds out that revised plans were submitted today, he wants to know if this is legal. Mr. Steib explained that plans requesting approval should be filed with the Board ten days prior to the meeting, but in this case, the only revision in the plan was to shrink the building footprint of the house and remove a variance so that the relief being requested is being diminished and one of the variances eliminated. All the relief being asked for was in the notice of hearing. Mr. Luttrell apologized to Mr. Phillips for the lateness of this submission. Mr. Phillips said that no house on Simpson Avenue is a two story. He said that the houses in this area were once summer shacks and he has no problem with allowing someone living there to do what they had to do to be comfortable but he does have a problem with someone coming in a dominating another house with a house this big. Mr. Phillips continued, saying there are twelve driveways on Simpson and parking on the street, this new house could add four more cars, this is adding a tremendous amount of congestion and is too aggressive. Mr. Luttrell asked if Mr. Phillips was opposed to a structure there. Mr. Phillips said no, but he feels this plan is too massive. Mr. Luttrell told Mr. Phillips that a smaller structure could be put on this property but once a structure is there an addition could be added without Planning Board review, if they stay within their setbacks. Mr. Phillips asked Mr. Steib if this was true, Mr. Steib answered that if they were staying within the footprint of the house, and all setbacks were met, this would be true. Mr. Dolan explained how they came to propose a two-story home rather than a ranch. Mr. Luttrell said they are providing more parking then required, there is a two space requirement for a three bedroom and they are providing three. Mr. Luttrell continued, saying even with a smaller house there could still be a need for four cars. Megan Fitzsimmons, 13 Simpson Avenue was sworn in by Mr. Steib. Ms. Fitzsimmons asked for the square footage of the Grand Avenue house. Mr. Dolan wasn t sure. Ms. Fitzsimmons said her concerns were that there was not as much room to lot ten as everyone thinks and she is concerned with the parking issues. Mr. Luttrell said that they will still need to get County Planning Board Approval if this is a County Road. Ms. Fitzsimmons said that her other concern is the aesthetics of the house, her house is a 800 square foot bungalow, and she has no problem with a two-story house being there but is concerned about the square footage of the proposed house. Ms. Fitzsimmons said that she inquired into purchasing the lot, so that she could keep the open land, but it was being sold as a package with the Grand Avenue lot. Mr. Luttrell said that the proposed house will be set back 15 feet more than her house, and therefore will not be as imposing. He said that the additional square footage is coming from the upper part, not from the exposure part. Ms. Fitzsimmons said she does have a basement and is concerned about 6

the drainage from the new structure. Mr. Luttrell said that this was discussed with the Engineer and it was decided that all water that hits that house will be diverted to the street and this will be beneficial to Ms. Fitzsimmons. Joe Ginta, 15 Simpson Avenue, said he is concerned about the parking issues and landscape plan. There is a lot of on street parking already. Mr. Luttrell said that they will make the cut out a little larger, so that they can make it a two car driveway. Mr. Dolan said that they decided to go with the smallest colonial they could rather than trying to be sneaky and put up a ranch and just add on to it later. Mr. Ginta said that if it is set back it will be better. Mr. Dolan said that this will only raise the property values of the other houses in the area. Mr. Steib asked Mr. Luttrell if he would like to take a short recess so that he can discuss this with the adjacent property owners. Mr. Luttrell said that he would just like everyone to be aware of what Mr. Dolan has done with the Grand Avenue property. Mr. Ginta said that he is also concerned with the Landscaping plan. Mr. Luttrell said that he is required to submit a landscaping plan and this will certainly be addressed. Mr. Kuzmin asked for Board Comments. Mrs. Caffrey said she thought the house should be moved over a bit. Mr. Luttrell said that he has already consented to make that change if the Board requests it. Chairman Kuzmin said that the Board is bound by ordinances, standards and zoning and they must review what has been put in front of them. This application conforms to height of the structure, front, rear and side setbacks, FAR ratio, driveway width, building coverage and impervious area. He said he needs to bring this up because he doesn t know if this board has the right to ask for changes as conditions of approval when the application conforms. Mr. Steib said that the Chairman is speaking of the Lang case, which he explained to the board. He also explained the Simeone Case which has a different view. Mrs. Rast said she feels this is a better proposal then the first one. She likes that it will be set back, the evergreens will look nice and moving it over will be beneficial to the neighbors. Mrs. Rast continued, saying Mr. Dolan is not responsible for the parking and that by today s standards a 2,000 square foot house is not a large home. Mr. Greco said he agrees that this application has demonstrated good will toward the neighbors and it does conform, except for the lot size. MR. GRECO MOVED TO APPROVE THE APPLICATION WITH THE 10 FOOT SIDE LOT CLEARANCE ON THE RIGHT SIDE, AN AS BUILT SURVEY, A FOUNDATION LOCATION SURVEY AND ALL OF MR. MARKS COMMENTS REGARDING DRAINAGE, A GRADING PLAN PRIOR TO BUILDING PERMIT, PLANTING SCHEDULE OF EVERGREENS, ANY IMPROVEMENTS IN THE RIGHT OF WAY WOULD BE TO ORDINANCE REQUIREMENTS WITH REPAIRS MADE TO ANY DAMAGE DONE IN THE RIGHT OF WAY AND SOIL BORINGS PRIOR TO BUILDING PERMITS, SECONDED BY MRS. RAST. Ayes: Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco, Mr. Keough PB08-01, Block 87, Lot 15, 35 East Garfield Avenue (Kelley) Application for Variances. Mr. Steib asked to put the applicant under oath before approving service 7

because of a deficiency. Wanda Kelley, 35 East Garfield Avenue was sworn in. Mr. Steib stated that when service was reviewed, it was found that the address of Stuart Scott had been incorrectly stated on the return receipt label and asked if Mr. Scott had received the notice in the mail. Mrs. Kelley said he had received the notice and he did sign the public notice stating his receipt. Councilman Fligor pointed out that on page A2 of the Key Map the house is on the wrong side of the Street. Mr. Steib announced that service is in order and the Board does have jurisdiction over the matter. Mr. Steib listed the Exhibits which have been received to date on this matter. Exhibit A-1, Zoning Permit Rejection from Zoning Officer Marianne Hanko, dated August 23, 2007. Exhibit A-2, copy of Tax Map, showing the location of the subject property, dated November 20, 2007. Exhibit A-3, Application of Ed Kelley, undated. Exhibit A-4, Survey of Block 87, Lot 15, prepared by Regan Land Surveying P.C., dated August 12, 2003. Exhibit A-5, Set of Architectural Elevations and Floor Plan prepared by Kurt J. Ludwig, Architect, dated July 17, 2007 revised November 28, 2007. Kurt J. Ludwig, 59 East Washington Avenue was sworn in by Mr. Steib. Mrs. Kelley told the Board that they were looking to put on a 15 x 8 addition, to go up a full three stories and construct a new deck. Mrs. Kelley said that the house did originally have a wrap-around porch. Mrs. Kelley explained where the addition would go. Mr. Ludwig said they are basically squaring off the house. Mr. Ludwig said they would match the existing siding. Chairman Kuzmin asked if the addition was going to conform height wise. Mrs. Kelley said that it will be equal to the front of the house, it will not go above. The back of the house will mirror the front. Concrete walkway and patio will be removed and therefore will reduce the impervious coverage. Mr. Steib explained that there are several existing non-conforming elements, that being the lot area, the frontage and the building coverage. The building coverage is being reduced in non-conformity, it was at 58.3 and is being reduced to 53, which is still over the 50 but is an improved condition over what exists. That leaves the Board with two things to consider. The first is a side setback for the new addition, which is 9 feet where 10 is required. Mr. Ludwig said that in order to have a reasonable size mudroom they need that extra foot. Mr. Ludwig said that the building height is threestories to continue what is already there. They are trying to continue the continuity. There were no questions from the public or the Board. There were no Public comments. Mrs. Caffrey said she likes the plan. Mr. Greco said he likes the idea that the building coverage is being reduced and that the roofline is being redone to appear original to the house. MR. GRECO MOVED TO APPROVE THIS APPLICATION, SECONDED BY MRS. CAFFREY. Ayes: Mrs. Rast, Councilman Fligor, Chairman Kuzmin, Mr. Chiles, Mrs. Caffrey, Mr. D Aguanno, Mr. Howe, Mr. Marcolus, Mr. Greco Absent: Mr. Ackerson MRS. CAFFREY MOVED TO ADJOURN THE REGULAR MEETING, SECONDED BY MR. GRECO. BY VOICE VOTE ALL AGREED. 8

There being no further business to come before the Board, the Regular Meeting adjourned at 10:19 P.M. Michelle Clark Planning Board Secretary 9