KENNETH MECKING: Request for variance of 249-22-D (side yard setback) from 15ft to 4ft 1 inch for construction of a deck; Property located at 22 Gardner Avenue (SEC 74 BLOCK 2 LOT 24); Designated R-1.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. Th Public Hearing Notice was read at 8:37 pm.

Mr. Smith: I Move to open the Public Hearing at 8:38 pm.

Kenneth Mecking: I want to build a deck right to the property line.

Mr. Owen: Following the line of the house it not have an adverse effect.

Mrs. Thompson: Is it there now?

Mr. Mecking: No.

Mr. Smith: Any comments from the Board? (No)

Mr. Smith: Any comments from the Pubic? (No)

Mr. Smith: I Move to close the Public Hearing at 8:40 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant variance of a side yard from 15 feet to 4 ft; Seconded.

DISCUSSION:

None

VOTE:

In favor (aye): 7
Opposed (nay): 0

DECISION:

Mr. Smith: The variance is granted; please see the Building Department.

CALIBER BUILDERS, INC. for TOWER INVESTORS, LLC.: Request for a variance of 249-28-21(a) (minimum building height): 6 stories to 2 for 4 buildings; 6 stories to 3 for 2 buildings; 6 stories to 4 for 3 buildings); Property located at corners of Tower and Leeward Drive (SEC 40 BLOCK 1 LOT 47.4, 63, 64 & 66); Designated PID.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:41 pm.

Mr. Smith: I Move to open the Public Hearing at 8:42 pm.

Mr. Smith: Any questions from the Board?

Jeff Weinberger, VP and attorney for Caliber Builders: Tonight we want to present application for variance in height. The variance has to deal with construction of residential in PID and under Code 249 of TOW and 25022 specified and such residential high rise consisting of dwelling that each building be minimum of 6 and max of 20. We are appealing for reduction in that number. Even though under the Code the building be a minimum of 6 stories we don’t want to do that practically and the president will offer testimony and unnecessary hardship and steps for building construction and expensive steel and foundation. It would not fit into the harmony of buildings in the area of residential.

They have been approved before for height from the 6 and Tower Ridge received approvals from the Planning Board less than 2 years ago for the development for 192 units in 10 single buildings in total. They are not that previous developer and got it from owner and have redesigned the site. We will introduce member of the engineering staff to do the plans and he is from Tecktonic Engineering.

Jay Samuelson: We have been retained and previous the application had 10 buildings with residents above club house area. There were 300 units to 192 units - we keep the 192 units but reduce it to 9. The altered layout has a less barracks look and we are here for reduction in height. Along Leewood a 2 story conventional town house and rear portion uses the grade to its benefit to create additional story on lower side - 4 on one and 3 on uphill side using walk out basement as actual apartment - access from courtyard.

The entrances is off Leewood main entrance off Tower Drive, clubhouse by Enterprise and moved to Tower and bring the main entrance off Tower instead of residential street of Leewood. Better for residents.

We were not happy with the previous application and its look of a military training base and long structures 4 Leewood 2 on Tower and others here (map) and did not have any aesthetics. No sizzle to it. We want to create a different upscale appeal. We changed approach on Tower Drive; soften corner and put pool and clubhouse here (map) and come down Howard Drive see greenery but clubhouse versus buildings. Other is move traffic off Leewood Drive which was the main entrance before. We did not feel good idea and the impact on Leewood and it needs own identity. One way in and out. Right off is community club house, rental office, small entertainment room and pool out doors with pond and lots of landscaping.

Second, wanted no long massive buildings. It generated boredom, we turned buildings and twisted them and softened them and interesting look.

Third, more screening from the neighbors in addition to the existing plans as not seen previously. We intend to do Tower and Leewood in conjunction with Planning Board landscape recommendations were mentioned. The site calls for carports on Leewood and Tower will see an attractive view and screen view from neighbors. Shrunk the size of the buildings so they got smaller themselves. Because of that we have raised some building heights. On Leewood 2 story remain same and face parking lot and from court yard. Look at Exhibit B cross-section of property from Tower Drive (layout). As you can see Leewood Drive on the corner and the site distance follows top of carport and top of 2 story building and edge goes up in the air. As you can see, now we intend to reconstruct the top and use gradeable land and use 4 stories in courtyard and 3 in the parking lot. The 4 story is in courtyard and not visible from court yard or apartments facing the courtyard. We are able to shrink buildings because of height. Reorient buildings and there are residential along the buildings and we have broken them on the ends and ends off to the angle and increase distance from property line.

We have taken the previously approved plan and provided better layout and less impact overall and provide up scale good looking community in this PID zone and this is zoned for high density in PID regulations and special permit by Planning Board and your approval will not be the final step in series of public hearings and approvals. The plans are not final but if you grant height variance, this is how the design could and would be.

Jeff Weinberger, Esq.: The president of Caliber can explain the building height.

Stewart Weinberger, President, Caliber Builders, Inc.: The 6 story is more commercial in a more urban area of concrete and steel and this is wood and more residential. It would be fully sprinkled and the latest fire protection will be incorporated. It is too expensive for 6 story when you exceed 4 story in construction it changes the costs and whole different type of building construction. Landscape this side (drawing) to buffer from neighbors as much as possible. The per cent of wood frame to concrete is 40% per story. The soils on the site would require greater footings and column for 6 story building. Higher you go change foundation structure and need more steel and concrete.

Jeff Weinberger, Esq.: You have been builder from when?

Stewart Weinberger: President since 1980 and have built about 200 units.

Jeff Weinberger, Esq.: You have examined the site?

Stewart Weinberger: A 6-story building would not be fitting.

Mr. Owen: How can build over 2 story in wood fame?

Stewart Weinberger: The international code has changed to build wood over a concrete foundation of 4 stories. Before it was 3 story or actually a percentage of concrete. It has been adopted to national code. New Jersey has gone by it for some time.

Mr. Smith: 1 and 2 bedroom?

Jeff A. Weinberger, Esq: There are 1 and 2 bedroom.

Mr. Smith: Your plan shows walkways and plants and trees - will you leave the trees?

Jeff A Weinberger, Esq.: Excavation along the ridge line but we are committed to replace those taken down but not necessarily same location. The plan will have trees between the building. If the Board has a condition we can do that too.

Stewart Weinberger: We usually do we like to leave them and lends natural attribute to the area and keep as much buffer as we can in here (drawing) due to grade and drainage we will take them down and replace and landscape as nice and as much as we can. Projects are nicer with landscaping.

Mr. Smith: A putting green? Any up-date?

Jeff A. Weinberger, Esq.: It can be looked into.

Mr. Smith: Are there any questions from the Public? If so, please give you name and address. This is for variance not approval of the project. The zoning says 6 story is permitted and the applicant is reducing that.

Irene Sham; 21 Ross Lane: I have some questions:
1) what is buffer zone between end of property (drawing) and houses abutting Ross Lane.
2) the height of building at that end.
3) no houses on Enterprises where will they leave trees - commercial and will not benefit home owners.
4) at a PB session there was an issue about a church going up on Cottage Street; lighting was not a concern for ZBA or PB it does affect our properties. Issue of Cottage Street - where and how affects the homes.

Mr. smith: We are not here for that tonight. We are here to address the request on the h eight variance.

Jeff A. Weinberger, Esq: #2 height of the building - there is a 50 foot buffer from the end of the drive and on side court yard - it is 3 story.

Irene Sham (Public): As compared to the elevation of houses - how will it appear?

Jeff A. Weinberger, Esq.: Lower.

Irene Sham (Public): Since it came before the ZBA for other variances - how does that affect the new owners?

Mr. Oster: They came for same variances.

Irene Sham (Public): Is it the same project or a new project with a new owner?

Jeff A. Weinberger, Esq.: Certainly they have issued a variance and special permit was issued before. That is probative of what they might do tonight. Unless the reasons have changed, the Board will see same factual information out there. Site lighting will be refined with PB.

Irene Sham (Public): Any previous zoning is in existence?

Mr. Oster: No. they came for one variance.

Mr. Smith: Height of building only.

Steve Sham (Public - 21 Ross Lane): A concern is the entrance on Tower Drive. We got this letter, too.

Mr. Oster: They are here for height.

Mr. Oster: We did not send that letter out.

Steve Sham (public): (showed to the Board).

Jeff A. Weinberger, Esq.: The letter went to the property owners. It was my letter and it says the reason we are applying for these size buildings so we can do this design. That is what the letter said - did not say it was Planning Board for site plan approval. It said what the variance is for.

Mr. Smith: He is volunteering information and this is for height and he is providing you with additional information.

Jeff A. Weinberger, Esq.: I apologize if it was misleading. This is one of many issues to be addressed. We can address your concerns and like to hear what you have to say.

Ellen Highby (7 Leewood Dr.): We have problems now with sewer and water.

Mr. Smith: We are not addressing this and it has to go to the Planning Board.

Jeff A. Weinberger, Esq.: We have to address that before we go to the Planning Board.

Erik Lubnell (11 Ross Lane): When we were here 2 years ago... how much knowledge do you have from2 years ago about the old project? Can you tell us who the owner is?

Jeff A. Weinberger, Esq.: The owner is LLT TOWER INVESTORS, LLC, headed by Norman Weinstein out of Ft. Lauderdale and Creskill. It was sold late last year - in November. It was owned by LaForge and before that Mills.

Cynthia Blaney (1 Leewood Drive): Iif approved by this Board and the Planning Board, when will we see construction start?

Jeff A. Weinberger, Esq.: You will see it next Summer during the dry months.

Cynthia Blaney (Public) Within a year?

Jeff A. Weinberger, Esq: We would like to start next Summer as long as the economy holds.

Cynthia Blaney (Public): To plan something of this size you have done survey of the area. Are there plans for the piece that faces this proposed site?

Mr. Smith: They don’t own it.

Jeff A. Weinberger, Esq.: I have no information on that parcel.

Cynthia Blaney (Public): We are concerned if this goes through, what will go on the other end and we are sandwiched in between. However beautiful it may be on paper and when its new m 5 -20 years down the line what will it look like. Will it look like other the other eye soars that are apartments - behind Block Buster and Rockaway Bedding.

Mr. Smith: They are not in your neighborhood.

Mrs. Thompson: What do you think we should do to keep them from looking like that?

Cynthia Blaney (Public): Properties need to be maintained. If you purchase a 200k house you don’t want the neighbor turning it into a dump and it is my personal opinion that they are at Crestwood or like Patio Road and this is not far from Ross and Amy Drives - its literally in back yard that Patio Road and problems with rodents, what when they dig this up and the wildlife. As it is we have wild life in the back yard. Live at my house and see if you want them to dig up in front of you.

Mrs. Thompson: This is height - it has to go to the Planning Board.

Cynthia Blaney (Public): You just asked about number of toilets in a house.

Mrs. Thompson: You don’t understand why.

Cynthia Blaney (Public): You are taking a 10 pound bucket and putting a 20 pound bucket of stuff in it.

Mr. Smith: Would you rather see 10 story building?

Cynthia Blaney (Public): You sit in our house.

Mr. Smith: That is not an issue.

Cynthia Blaney (Public): How will it affect this? We have wind tunnel on Leewood and now put in 2-4 story buildings in there. How is that going to affect that whole place in storms - wooden structure - any danger of lightening hitting these structures?

Irene Sham (Public): It is in PID - before your zone an area , is a soil test done?

Mr. Mattatall: The Town is doing and has a master plan committee and the historical PID next to residential - you live in a residential area and we could be discussing PID approved buildings. If you don’t like houses you would not be happy with other uses. Go to the Committee to see changes.

Irene Sham (Public): Is it the master plan that investigates soil and water/sewer?

Mr. Smith: The height of the building is the issue.

Steve Sham (Public): 2-4 story high - recently bad storm in the neighborhood and on Fortune Road a wooden house collapsed. What protection do you have to keep children out of area and for storms that take house down?

Jeff A. Weinberger, Esq: In a tornado no house will stay up. If a tree hits a house you can’t be helped. It will meet the building code with specific standards for storm stresses. If a tornado comes down Leewood the houses might get blown away. I am going to make sure they built to codes. When we find kids - we usher the kids to front gates and the 2nd time its to the police station and 3rd they could be charged. We will insure during construction make OSHA regulations policed by the Federal Government and all requisite standards are adhered to.

Mr. Smith: Is there anyone else on height?

W. Foreman (24 Ross Lane): My back yard faces this - when I am on the deck will I be looking at people looking at me on the same height? I have trees.

Jeff A. Weinberger, Esq.: 50 feet off your lane is a landscape buffer and the (building) ends will not have major windows. The only thing you may see are some units that are 2 story facing property line. Not higher than your house.

Stewart Weinberger, President: This building is lower than yours. You look over it. Even beyond it - 2 story is not greater.

Mr. Smith: Any questions from the Public? (No)

Mr. Smith: I Move to close the Public Hearing at 9:25 pm; Seconded; All in favor; Motion carried.

Mr. Smith: I Move to grant the following variance of 249-28-21(a) (minimum building height):

6 stories to 2 for 4 buildings;
6 stories to 3 for 2 buildings;
6 stories to 4 for 3 buildings; Seconded.

DISCUSSION:

Mr. Morgan: I prefer these 2 story units versus 6.

VOTE:

In favor (aye): 7
Opposed (nay): 0

DECISION:

Mr. Morgan: I prefer these 2 story versus 6.

Mr. Smith: The variances are granted, please proceed to the Planning Board.

NEW BUSINESS:

Request for extension(s):

TROTTMAN: Request for 6 month extension (Shaw Road). We were granted a variance on 3/01 and are requesting an extension; we received one extension that expired in March. Since we have closed on the 20 acres and purchased 10 more acres and now submitted building permit for house and ready to build accessory.

Mr. Smith: I Move to grant a 6 month extension for Trottman; Seconded; All in favor; Motion carried.

RICHARD A. and MARIE D. SMITH: Request was received for a 6 month extension to the variance granted in February.

Mr. Smith: I Move to grant a 6 month extension to RICHARD A. and MARIE D. SMITH; Seconded; All in favor; Motion carried.

MEETING CLOSE:

There being no further items to be presented to this Board; Motion made to close the Zoning Board Meeting at 9:29 pm; Seconded; All in favor; Motion carried.