FINAL (As approved)

HP Ordinance Committee Meeting – 10/25/11

Present:

John Barr

Tom Dagger

Gary Goldsmith

Marty Kane

Larry Korinda

Jessica Mahony

Tom Menard

Joan Nix

Part I -- Meeting Summary:

1. Prior Meeting.  The summary of meeting of Sept. 27, 2011 previously distributed was approved in the form presented. 

2. Next Meeting.  There are no further meetings of the Committee currently scheduled.  The members of the Committee will attend the Borough Council meeting on Monday, November 14, at 8:00 p.m. to present an outline of the Committee’s proposal for an ordinance.

3. Conditions for Eligibility for Zoning Incentives.  The Committee discussed the integrated ordinance outline distributed prior to the meeting, and made a number of further changes summarized below:

• Decreased minimum setback for side additions to a street-facing facade from 2 feet to 12 inches.  This is all that’s required for visual effect, and reduces impact on usability of interior space created.

• Deleted authorization to add a second story to an existing side addition that is on the same plane as the street-facing facade.  Still permitted to enclose an open porch or extend an existing side addition a further 5 feet.

• Added language to “Height and Roof Shapes” section permitting addition and modification of dormers so long as consistent with Hapgood style.

• Provided flexibility to modify street-facing facade so long as consistent with other requirements.  Also added provision for changing windows, so long as consistent with Hapgood style windows.

• Changed period between applying for demolition permit and actual demolition to 90 days, with public notice to be completed by the applicant within a certain period after the completed application submitted.  Construction official must notify HPC within a certain period after the completed application submitted.

• Documentation of historic home prior to demolition to be performed under supervision of HPC, and funded by, say, $500 increased demolition permit fee for historic homes.

A revised version of the ordinance outline is in Attachment 1 to this summary.

4.         Borough Council Meeting.  The Committee discussed what to present and how to present it at the November 14 Borough Council meeting.

No further meetings of the Committee will be scheduled until after the Borough Council meeting.

Attachment 1

Outline of Proposed Ordinance Implementing Recommendations

of 2010 Master Plan Historic Preservation Element Update

I. Incentives to Preservation of Historic Homes

A.        Bulk Requirement Bonuses for Eligible Structures. 

1.         Increase limit on FAR:

Zone Current New % Increase

R-AA                 13%                           16%                             23.1%

R-A                   17%                           21%                             23.5%

2.         Increase limit on ILC:

Zone Current New % Increase

R-AA                 20%                           24%                             20%

R-A                   25%                           30%                             20%

3.         Decrease minimum side setback (each side):

Zone Current New

R-AA                 25 ft.              20 ft. minimum side setback;

minimum total of 50 ft. both sides

R-A                   25 ft.              20 ft. minimum side setback;

minimum total of 50 ft. both sides

B.         Conditions for Eligibility for Zoning Incentives

1.         Eligible Structures.  Hapgood, Belhall and other older single-family residential structures that are listed as “contributing structures” within the Mountain Lakes Historic District in the New Jersey and National Registers of Historic Places. 

2.         Street-Facing Facades.  Additions and alterations to all street-facing facades must be compatible with the existing or original structure. 

• The proportion between the width and height of the proposed additions or alterations must be compatible with the street-facing facade of the existing or original structure. 

• The proportions and relationships between doors and windows in street-facing facades must be compatible with the existing or original structure.

• Any side additions to a street-facing facade must have a minimum setback of 12 inches from the plane of the existing street-facing facade, and any associated roofline must have a minimum setback of 12 inches from the existing roof line.  Limited exceptions will be made where there is, as of the date of the ordinance, a pre-existing side addition or porch to a street-facing facade:  (1) a pre-existing open-air porch that does not comply with the 12-inch setback requirement may be enclosed within the existing plane of the porch, and/or (2) a pre-existing addition that does not comply with the 12-inch setback requirement may be extended a further 5 feet to the side on the same plane as the pre-existing addition.  All of the foregoing exceptions are still subject to compliance with the overall bulk requirements.

3.         Height and Roof Shapes.  The height of the proposed additions and alterations must be compatible with the existing structure.  The design of the roof and any dormers must be compatible with the existing roof and dormers.  Any alterations or additions must preserve the existing or original roof ridge, roof pitch and overhangs of the existing or original structure, and new or altered dormers must be compatible with the classical styles of dormers associated with the original structures. 

4.         Architectural Details.  Architectural details and materials must be incorporated as necessary to relate the new with the old and to preserve and enhance the character-defining features of the existing or original structure.  Windows may be replaced as long as they contain simulated divided lights, grille patterns, sizes and shapes that are compatible with the classical styles of windows associated with the original structures and otherwise comply with the requirements of this section B.4.

5.         Retention of Original Structure.  After completion of the proposed additions and alterations:

• 100% of the existing or original street-facing facade width and height must be retained consistent with the other requirements of this section B.

• At least 75% of the floor area of the original structure as it existed in 1931 must remain.  Interior renovations and any restoration to match the original will not be deducted in determining compliance with the 75% requirement.

6.         Relocations.  A structure will not be ineligible solely because it has been relocated from its original site to another location within the boundaries of the Mountain Lakes historic district.

C.        Confirmation of Eligibility

1.         Satisfaction of the conditions for eligibility will be certified, at the applicant’s expense, by a licensed professional architect, which could be the same architect hired by the homeowner to design the renovations or additions that are at issue in the application. 

2.         A process would be provided for an applicant or a certifying architect to make a request to the ZBA or PB, in consultation with the HPC, to make a determination whether the structure qualifies for the eligibility criteria, and whether the eligibility criteria will be satisfied for a proposed project. 

D.        Terms requiring further definition

• “additions and alterations” refers to all exterior additions, alterations and other improvements occurring after the date of the ordinance.

• “compatible with” includes “consistent with,” “in keeping with.”  Not necessarily “identical to” or “the same as.”

• “structure” = main residential dwelling plus any attached structures.

• “existing structure” = as it exists on the date of the ordinance. 

• “original structure” = as it existed when originally constructed. 

• “street-facing facade” = any facade facing a roadway abutting the property.  Corner lots and “through lots” would have two street-facing facades.

• Making additions and alterations compatible with the original can include both restoration and replacement to match the original.

II. Demolition of Historic Homes

A.        For historic Hapgood, Belhall and other older homes, there would be a minimum 90 day waiting period between submission of a completed application for a demolition permit and commencement of demolition.

B.         Within 5 business days of submission of a completed application for a demolition permit, the applicant must provide public notification of the application in means to be specified in the ordinance and the construction official must notify the HPC.

C.        Prior to demolition, the applicant must provide access to the structure to allow it to be documented (e.g., floor-plan drawings and interior and exterior photographs) under the direction of the HPC.

D.        The fee for a demolition permit for historic homes will be increased $500 to cover the costs of documenting the structure prior to demolition.

III. Landmarks Preservation

A.        Initially consists of the following:  Entrance gates to the Borough at the Boonton Township border on the Boulevard and at Crane Road, the Train Station, Lake Drive School, Briarcliff School, the Community Church, St. Peters Church, the Mountain Lakes Club, the original Midvale Stores building, the Mountain Lakes Garage, the Grimes House and the Esplanade. 

B.         Additional sites may be added, following notice and hearing, based on criteria to be defined in the ordinance.  Key Landmark designations require Borough Council approval.

C.        Permit for demolition, relocation, change in the exterior appearance, new construction of a principal or accessory structure, changes in or addition of new signs or exterior lighting requires Planning Board approval.