The regular meeting of the Borough of Florham Park Board of Adjustment was called to order at 7:00 p.m. on Wednesday evening, May 3, 2000, in the Municipal Building, 111 Ridgedale Avenue, Borough of Florham Park.
Roll Call:
Members Present:
Mr. Robert Swanson, Chairman
Mr. Howard Kraus, Vice Chairman
Mr. Bryce Oxenrider
Mr. Robert Ardolino
Mr. Michael Cannilla
Mr. Joseph Morano, Alt#1
Members Absent:
Mrs. Ann Tobin
Mr. Jordan Pollack
Mr. James Gallina, Alt.#2
Also Present:
Ms. Nancy Warner, Esquire, Substitute Board Attorney
Statement of Adequate Notice:
Mr. Swanson, Chairman, issued the following statement:
"I hereby announce and state that adequate notice of this meeting was provided by the Secretary of this Board by preparing a notice, specifying the time, date and place of this meeting; posting such notice on the bulletin board in the Municipal Building; filing said notice with the Clerk of the Borough forwarding the notice to the Florham Park Eagle, and forwarding, by mail and fax, the said notice to all persons on the request list, and that said notice will be included in the minutes of this meeting. This action is in accordance with N.J.S.A. 10:4-6, et sec. "Open Public Meetings Act."
Approval of Minutes:
On motion duly made, and seconded the minutes of May 3, 2000, Regular Meeting, were approved.
Mr. Swanson announced that there would be no new testimony after 10:30 p.m.
Resolution of Approval:
Mr. Morano moved for the approval of the following resolution, seconded by Mr. Krause.
Michael Lupo C-1 Variance –
Lot Coverage 21%
101 Riverside Drive Amended Plan
Block 3502, Lot 21, R-15 Zone
Application Number 00-1
Roll Call:
Mr. Robert Swanson, Chairman, Yes
Mr. Howard Kraus, Vice Chairman, Yes
Mr. Michael Cannilla, Yes
Mr. Joseph Morano, Alt#1, Yes
A copy of the approved resolution will be made a part of the official minutes of this meeting.
* * *
Public Hearing:
Mr. & Mrs. Timothy Stevens
C-1 Variance – Fence more than 10% Solid
99 Lincoln Avenue, Block 3001, Lot 24, R-15 Zone, Application
Number 00-6.
Summary of Application: Located on block 3001, lot 24 is a two-story
wood frame single family dwelling with an attached garage. The property
is situated on a corner lot (Jolen Court and Lincoln Avenue).
The applicants propose to construct a fence in the front yard setback (Jolen
Court) for privacy in the rear of the residence.
The proposed fence will be 6 feet high and 50%+ solid, 12 feet
from the front yard setback (Jolen). The applicant will be planting
trees to soften the impact.
The property, a corner lot, is rectangular in shape, measuring
125 feet (Lincoln), by approximately 213.62 feet (Jolen, cul-de-sac).
The property is located in the Borough’s R-15 residential zone which generally
permits one family dwelling and certain residential accessory structures
on lots of 15 square feet.
The applicant is requesting to construct a board on board fence
around the rear perimeter of the property that will six (6) feet high,
where four (4) feet is the maximum height of a fence in the front yard
setback.
Affidavit of Service and Proof of Publication filed and approved
by the Board Attorney.
Summary of Testimony:
Mr. & Mrs. Timothy Stevens being duly sworn testified as
to the statements made in the application as hereto set forth and on questioning
by the Board explained the details of their application. The applicant
further detailed the need for the fence.
The fence will be board on board cedar with 1 and 1/2” spacing
between boards and will be capped every 8 feet with an ornamental cap on
the post. The fence will be 12 feet from the curb and trees
and ground over will be planted to obscure the fence.
The applicants have looked at different types of fencing that
included stockade, chain link picket and found that the board on board
to be the most attractive and will be consistent with the fencing on the
remainder of the property. There will gates located at various places
in the fence.
The sunroom, which is located to the rear of the residence, has
a door that opens to the street (Jolen) and that the proposed fence would
offer the occupants privacy.
The reasons the Board should grant this variance is so that the
residents can protect their 3 small children from traffic, privacy when
facilitating the backyard. The applicants stated that they might
install an in-ground pool.
Mr. Cannilla recommended that the applicant put the fence back 40 feet,
which would create a usable backyard area of 70 feet by 100 feet.
Mr. Stevens stated that he pays taxes on the property and should have the
ability of using more than the recommended backyard. His concern
is for the neighbor to the rear exiting their drive-way safely and having
visuals to on coming traffic.
The applicant stated that the proposal includes the install of
7-foot evergreens along the proposed fence to obscure the fence from the
curb.
Mr. Swanson opened the meeting to the public and the following appeared to be heard:
Ms. Joan Seery 3 Jolen Court Concerned with safety issues and the look of the fence.
Mr. Morano recommended to Mr. Stevens to place the fence 32 feet
from the residence, 20 feet from the curb and angle the fence at the end
of the property, following curb line. Mr. Stevens was amicable to
Mr. Moranos’ recommendation.
Mr. Cannilla directed the applicant to place markers with site
line to indicate position of the proposed fence, but that he still is not
comfortable with the fence and does have a safety concern for the adjoining
property owner’s driveway.
The applicant was directed to contact the property to the rear
(Jolen) that will be the most effected by the proposed fence.
The applicant was directed to return on May 17, 2000 and that
at such time all the recommendations and issues of the Board are addressed
by the applicant.
On motion duly made, seconded and approved the application of
Mr. & Mrs. Stevens is to be continued to the May 17, 2000 meeting of
the Board without further notice required.
* * *
On motion duly made, seconded and approved, the meeting of the Board of Adjustment was adjourned at 8:15 p.m.
Cathleen Amelio, Secretary