Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, March 8, 2012 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey. 1. CALL TO ORDER BY THE CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE) A regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, March 8, 2012 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, N.J. Joseph Santoro, Chairperson opened the meeting and requested the reading of the public notice as follows: “Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: At the reorganization meeting of the Board, held on January 12, 2012, the Board, by resolution adopted a schedule of meetings. On January 13, 2012, a copy of the schedule of meetings was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial, was sent to the Madison Eagle and the Daily Record and filed with the Borough Clerk, all in accordance with the Open Public Meetings Act. 3. ROLL CALL: PRESENT : John Ciulla, Daniel Cochran, Joseph Santoro, Toni DeRosa, Mike Lami, Diane Driscoll and Timothy Blair ABSENT: Ronald Poeter and Nancy Northrup ALSO PRESENT: Gary Hall, Board attorney, Susan Blickstein, Consulting Planner and Frank Russo, Consulting Engineer The following minutes were distributed to all Board members prior to this meeting for their review. There were no additions or corrections. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes. 5. MINUTES FOR APPROVAL- Regular meeting of 2/9/2012 for adoption. The following resolution was distributed to all Board members prior to this meeting for their review. There were no additions or corrections made to this Resolution. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolution. 6. RESOLUTIONS FOR MEMORIALIZATION - CASE NO. Z 12-001 - Resolution granting variance application to Stephen & Karen Blout, Block: 4004, Lot: 15, 135 Woodland Road to construct a 1 Story Addition, (2) 2nd Story Additions and an Open Porch in an R-2 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Minimum Side Yard Setback (Left), and Maximum Impervious Coverage. ZBA Regular Meeting – 3-8-12 1 7. UNFINISHED BUSINESS - CASE NO. Z10-017 LVJJ Investments Block: 1302, Lots: 5 & 6 4 & 6 Elm Street Applicant is requesting permission for Preliminary and Final Site Plan approval with necessary variances (C) and (D) to construct a nine-unit townhouse development in the R5 (Multi Family Residential) Zone requiring relief from Maximum Allowable Density, Minimum Front Yard Setback, Minimum Rear Yard Setback, Minimum Side Yard Setback, Maximum Building Coverage, Maximum Impervious Lot Coverage, and Maximum Building Height. This application was started at the November 10, 2011 meeting and carried without further notice. This application was carried at the January 12, 2012 meeting and carried with out further notice. Nino Coviello, attorney was present and reviewed the items and witnesses from the last meeting for this application. He reviewed each witness and stated that Michael Tobia, Planner would be providing testimony this evening. Revised drawings were submitted from the Engineer and Architect as follows: A – 27 Set of Plans prepared by Schommer Eng, 1/5/12, 11 sheets A – 28 Traffic Testimony Report prepared by Steigar, dated 2/9/12 A – 29 Architectural Plans dated 1/24/12 and 1/26/12 B – 4 Letters from Frank Russo dated 1/27/12 B – 5 Letter from Susan Blickstein dated 1/21/12 B – 6 Email from Fire Chief DeRosa, dated 2/7/12 Michael Tobia, Planner was sworn in and gave his credentials and was accepted by the Board as a qualified witness. He began by stating he would review the existing site conditions. A – 30 Photo of liquor store and portion of the property A – 31 Photo of Elm Street A – 32 Photo of the rear of the liquor store A – 33 Photo of the 2 family home behind the liquor store A – 34 Environmental Impact Study dated 1/25/12 prepared by Rusty Schommer. He continued stating this property is old, modest and needs to be updated. There is front yard paving and is deficient of storm water management and lacks landscaping. The parking is in severe decline. The building in the rear is unsightly with cables wires emerging from windows. There are 8 dwelling units and one commercial unit. This is an R-5 Zone which permits redevelopment in this area. The proposed front yard setback will be 15 feet as opposed to the 8 feet which presently exists. Rear yard is 40 feet required, and the proposed is 13 feet. With regard to density, 13.1 units per acre is proposed. Mr. Tobia discussed impervious coverage, which has been reduced down to 49%. Mr. Santoro questioned the drywells and what buildings’ runoff will be captured by the drywells. Mr. Russo, Engineer replied. The client has agreed to direct all runoff into drywells for that Building A. ZBA Regular Meeting – 3-8-12 2 Building height was discussed and in theR-5 Zone the maximum height is 35 feet and the application is in conformance. He continued by discussing the neighborhood which contains the train line and surrounding homes are one, two, three and five family buildings. On Madison Avenue in the rear of this site, are garden apartments. The non-conforming uses that exist will be eliminated. A – 35 Photo taken March 5, 16 Elm Street, 3 story building A – 36 Photo of 9 Elm Street, 2 ½ stories. A – 37 Photo, 27 Elm Street Mr. Tobia utilized A – 35, 36 and 37 and discussed the homes and their heights and the new construction at 27 Elm. He utilized these structures to make a comparison with what is proposed. A – 38 Photo of townhouse style units, 33 Elm Street The discussion continued with regards to the proposed plan and the reason for the attached garages. A – 39 Full renderings of the site and neighborhood A – 40 Rendering looking from the east The proposed structures will create visual interest. The discussion encompassed the visual impact that the proposed development would have on the area. A -40 was discussed next. This exhibit shows a house 40 feet wide which is actually the side of the end townhome. Mr. Tobia continued by describing the means that will be used to buffer the proposed structures from the road. Parking and driveways was reviewed briefly. The Madison Fire Chief sent an email after visiting the site. He had two questions, and suggested a designated area as a “Fire Zone”. The entrance island can be expanded to 27 feet by reducing the planting area along the driveway. The density topic was discussed. Mr. Tobia considered 14 properties and their density. The density in the immediate area is 15.1 units per acre. 33 Elm has 20.4 units per acre, 27 Elm is 14.8 units per acre and he continued on depicting other sites. The Board took a break at 9:30 pm and returned at 9:39. The applicant returned with the concession that he would reduce the units from 9 to 8. One of the interior units would be eliminated. As a result, 4 additional parking spaces will be added. Building A will be pushed more towards Elm Street. The setbacks will remain the same. This will also result in 11.6 units per acre instead of 13.1 units. With regards to Mr. Russo’s letter, all requests would be adhered to. With regard to Susan Blickstein’s request, Mr. Klessi stated an architectural detail will change. She requested that the notes be removed from the plans and Mr. Klessi stated that the Building Dept. requires the notes. ZBA Regular Meeting – 3-8-12 3 Mr. Coviello requested that the application be bifurcated. The applicant can return with revised plans to be reviewed for the vote in April. The public was given the opportunity to ask questions or make comments. There being none, the applicant will return on April 12, 2012. John Ciulla left his seat on the Board for the evening at 9:51 pm. 8. NEW BUSINESS – CASE NO. Z 12-002 Donald Solow & Geraldine Murtagh Block: 4703, Lot: 19 42 Broadview Avenue Applicants are requesting permission to construct a Paver Patio Area around Existing In-Ground Pool, Unroofed Rear Yard Deck, Retaining Wall & Minor Grading in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. Solow, Ms. Murtagh, and Greg Yannaccone, Professional Engineer were sworn in and the following exhibits were marked. B – 1 Zoning Denial letter dated 2/10/12 A – 1 Survey dated 2/10/12. Yannaccone, Villa and Aldrich A – 2 Set of Plans prepared by Yannaccone, dated 2/10/12 A – 3 Set of 4 photos A – 4 Sheet 2, of Plans Mr. Solow began by describing his plan for the pool and the surrounding area. The applicant is constructing a patio which will consist of pavers. The steel rods anchoring the cover will be set in the surrounding walkway. The ladder and rail will be anchored into the walkway. Some stonework around the pool will allow for seating arrangements. Mr. Yannaccone began by explaining what took place during the construction of the pool and why the requested variances are needed. Mr. Yannaccone then continued reviewing the numbers. Mr. Yannaccone stated that the runoff from the driveway and other areas on the site is managed to go into the storm sewer system and drywells. There is an existing deck and an additional deck is proposed. There being no further questions or comments from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application as submitted was made by Mr. Lami and seconded by Mrs. Driscoll. The following voice vote was heard from all eligible Board members. AYES: Mr. Cochran, Mrs. DeRosa, Mr.Lami, Mr.Santoro, Mrs.Driscoll and Mr. Blair ZBA Regular Meeting – 3-8-12 4 CASE NO. Z 12-003 Matt & Soultana Reigle Block: 4001, Lot: 53 17 Holden Lane Applicants are requesting permission to construct a Paver Patio with Retaining Walls, Fence and Minor Grading in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. Matt Reigle was sworn in and the following exhibits were marked B – 1 Letter of Denial dated 2/10/12 B – 2 Copy of a Resolution dated February, 2005 A – 1 Landscape Plan dated 2/16/12 A – 2 Poster with 4 photos, colored version of the plan A – 3 Set of photos Mr. Reigle began by explaining why a patio is needed for entertaining. He continued by describing the photos that were provided. There is an elevation change in the rear which will require the retaining walls with the fence. Water runoff from several leaders goes into the driveway. A drywell is planned to catch the runoff from the those leaders. A patio is planned along with a few retaining walls to limit the water that runs off. The applicant increased the size of the deck because two rear doors can be connected for easier access to the home in the rear. Mr. Reigle stated that an Engineer will be retained to visit the site and make design suggestions and oversee the project. There being no further questions or comments from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the condition that the roof leaders be directed in the drywell. A motion to approve the application was made by Mr. Lami and seconded by Mrs. De Rosa. A roll call vote was requested and recorded as follows: AYES: Mr. Cochran, Mrs. DeRosa, Mr.Lami, Mr.Santoro, Mrs.Driscoll and Mr. Blair 9. OTHER BUSINESS – DISCUSSION OF 2011 Annual Report - G. Hall discussed several items of the Annual Report with the Board. A voice vote of aye was heard from all eligible voting Board members in favor of the Annual Report. 10. ADJOURNMENT - The meeting was adjourned at 10:39 with no motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 3-8-12 5