Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, April 12, 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, April 12, 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”. J. Santoro announced that we have a new member on the Zoning Board. of Adjustment, Mrs. Niculescu. 3. ROLL CALL: PRESENT : Daniel Cochran, Joseph Santoro, Toni DeRosa, Mike Lami, Ronald Poeter, Timothy Blair and Mrs. Niculescu ABSENT: John Ciulla and Diane Driscoll ALSO PRESENT: Gary Hall, Board attorney The following minutes were distributed to all Board members prior to this meeting for their review. There was one minor correction. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as corrected. 5. MINUTES FOR APPROVAL- Regular meeting of 3/8/2012 for adoption. The following resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or corrections made to both Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. 6. RESOLUTIONS FOR MEMORIALIZATION - CASE NO. Z 12-002 – Resolution granting variance application to Donald Solow & Geraldine Murtagh, Block: 4703, Lot: 19, 42 Broadview Avenue 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. ZBA Regular Meeting – 4-12-12 1 CASE NO. Z 12-003 - Resolution granting variance application to Matt & Soultana Reigle, Block: 4001, Lot: 53, 17 Holden Lane 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. 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’s hearing was concluded at the March 8, 2012 meeting; however a vote of the Board on this application is to be done this evening. At the request of the applicant’s Attorney this case will be carried to the May 10, 2012 meeting to allow for the preparation of revised plans. 8. NEW BUSINESS – CASE NO. Z 12-005 Kevin & Geraldine Kilgore Block: 3001, Lot: 70 8 Academy Road Applicants are requesting permission to construct an Expansion of Existing 1st Story, 2nd Story Addition, and 1 Story Screened Porch, Roofed Landing & Steps in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Kevin Kilgore and Chris Pickell, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough Construction Official dated 2-2-12 A – 1 Plans prepared by Mr. Pickell dated 2-9-12 A – 2 Photo sheet Mr. Pickell began by stating that the undersized lot is a problem and the house sits 30 feet back from the road. The porch will be converted and a second floor will be added above it. The porch will also be extended two feet to the rear of the yard to accommodate the second floor. This will reduce the rear yard setback. The kitchen is very small so the extra two feet in the rear is being requested to expand the kitchen. On the second floor an additional bathroom is being proposed. The new roofline will be slightly lower than the original roofline; however, will not be visible from ZBA Regular Meeting – 4-12-12 2 the road. The impervious coverage is 40.6% and will increase to 44.2%. Mr. Pickell stated there are no water problems on the lot. The Board had several questions for the applicant and his architect. Mr. Santoro stated he has a problem with the impervious coverage. Mr. Pickell stated the applicant would be happy to install a drywell. Mr. Pickell stated that he could size the drywell to decrease the impervious back to 30% depending upon the size of the drywell. Mrs. DeRosa asked if pavers could be installed to further reduce the impervious coverage. The applicant gave his summary and stated that he has four children and is squeezed in at this point. He would love to stay in Madison. There being no further questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted with addition of the drywells. A motion to approve the application as submitted was made by M. Lami and seconded by Mrs. DeRosa. The following voice vote was heard from all eligible Board voting members. AYES: Mr. Cochran, Mrs. DeRosa, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr.Blair and Mrs. Niculescu CASE NO. Z 12-004 John & Tammy LaGorce Block: 3701, Lot: 27 29 Maple Avenue Applicants are requesting permission to construct a 1 Story Rear Addition in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Alan Andreas, Architect and Tammy LaGorce were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough Construction Official dated 3-1-12 A – 1 Copy of survey dated 2-27-12 prepared by Sal Latsic A – 2 Set of Plans prepared by Alan Andreas, dated 2-12-12 Mr. Andreas began by stating that he and the applicant are looking for access to the basement. The only way into the basement was a set of old stairs. He stated that the stairs would be replaced and they decided to install a small stair tower in the back measuring 88 sf. Mr. Andreas stated he looked at several other options and this was the best option for this home. A driveway leading to a detached garage in the rear is also driving up the impervious coverage. The impevious coverage is to 46.04% and will increase to 47.2%. Mr. Andreas stated there is no way to reduce the number. The gravel in the rear is increasing the impervious coverage and cannot be changed due to it being a condition in a previous Resolution. There is an existing systern which presently captures any water runoff. The application was open to public for comment s as follows: Janet Foster, 27 Maple Avenue, stated she has the same issue as the applicant and asked if there are any further improvements that can be suggested by the Board. ZBA Regular Meeting – 4-12-12 3 There being no further questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted . Mrs. DeRosa suggested that more applicants should be planting vegetation that absorbs water to help with the water issues in this area. A motion to approve the application with the condition that additional vegetation be installed such as forsythia, was made by M. Lami and seconded by R. Poeter. The following voice vote was heard from all eligible voting Board members. AYES: Mr. Cochran, Mrs. DeRosa, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr.Blair and Mrs. Niculescu CASE NO. Z 12-006 Anthony & Rennae Hipple Block: 2001, Lot: 10 15 Alexander Avenue Applicants are requesting permission to construct 2 Story Addition in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mrs. DeRosa excused herself from the application. Anthony and Rennae Hipple were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 2-24-12 A – 1 Plans prepared by Se Hwan Kim, Architect, 3-12-12 Mrs. Hipple stated that they are planning a small addition on the rear to expand the kitchen and playroom area. This will allow the second floor to have a better flow. The impervious coverage is 40.16% and will increase to 42.93%. There presently is no drywell and the Board suggested a drywell system to collect the water that is emitted from the sump pump. The applicant is planning to install pavers and will need a variance to do so. The applicant is attempting to keep the style of the home. There being no further questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that all drains be led to the drywell. A motion to approve the application as submitted was made by R. Poeter and seconded by M. Lami. The following voice vote was heard from all eligible voting Board members. AYES: Mr. Cochran, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr. Blair and Mrs. Niculescu CASE NO. Z 12-007 Philip & Ruth Deane Block: 707, Lot: 42 5 Hunter Drive Applicants are requesting permission to construct a 5’ High (Open)“Picket” Fence and 6’ (Solid) Fence in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Height of Fence. ZBA Regular Meeting – 4-12-12 4 Brian Zietsman, brother in law of applicant was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough Construction Official, dated 2-21-12 A – 1 Copy of survey dated 1-6-12 with fence designations added This application was a product of the Borough of Madison Construction Official’s review of the Ordinance stating that the height of the fence which has been installed was not up to code. On 2/7/12 a application for a 5 and 6 foot fence was approved. After the Construction Official’s review, it was found that the Ordinance was changed. The applicant is now here requesting permission to leave the installed fences the way they have been installed. There being no further questions 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 M. Lami and seconded by T. Blair. The following voice vote was heard from all eligible Board voting members. AYES: Mr. Cochran, Mr. Lami, Mr. Poeter, Mrs. De Rosa, Mr. Santoro, Mr. Blair and Mrs. Niculescu CASE NO. Z 12-008 Michael & Kara Hines Block: 203, Lot: 1 27 Ferndale Road Applicants are requesting permission to construct a 2 Story Addition, Paver Patio 2 Dormers and a Covered Front Porch in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback. Kara Hines and Mr. DellaDonna, Architect were sworn in and the following exhibits were marked: B – 1 3-19-12 A – 1 Copy of survey dated 7-14-05 A – 2 Set of Plans, 17 sheets, dated 3-15-12 A – 3 Photos – front elevation, partial front and side, left side elevation, rear elevation and adjacent house to the right, rear and right side of the house Mr. DellaDonna stated that the lot is undersized. The application is for a 2 story addition. Mr. DellaDonna continued by reviewing the plans that were submitted, sheet by sheet. The first floor has a 16 foot addition on the rear right and left sides. He stated this design was considered so as to not have the home look like a squared box. The setbacks on both sides of the house are minimally decreased. . The first floor contains a kitchen add-on for expansion, a half bath and a family room, The second floor will have additional rooms and the attic is a half story and cannot be inhabited. The siding and roofing will be in keeping with the house. 527 sf will be removed and 546 sf will be added requiring a drywell system. ZBA Regular Meeting – 4-12-12 5 Expansion of the living levels and bedrooms is being requested. A columned front porch is also being proposed, and is not enclosed, and does not need a variance. The dormers on the roofline also will not require a variance. There being no further questions 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 M. Lami and seconded by T. Blair. The following voice vote was heard from all eligible voting Board members. AYES: Mr. Cochran, Mr. Lami, Mr. Poeter, Mrs. DeRosa, Mr. Santoro, Mr. Blair and Mrs. Niculescu CASE NO. Z 12-009 Anthony Mazza & Christine Tiritilli Block: 4302, Lot: 9 157 Green Village Road Applicants are requesting permission to construct a 2 Story Addition, brick Patio and Brick Walk Way in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Lathrop Avenue) Brian Siegel, Architect and Christine Tiritilli applicant were sworn in and the following exhibits were marked: B – 1 Letter of Denial revised 3-30-12 A – 1 Plan prepared by Siegel Architects, dated 3-29-12, sheet A-1 of 12 was revised A – 2 Original Plans, A- 1 thru 11, dated 3-14-12 A – 3 Land Use Drawing, dated 3-29-12 A – 4 Photos with proposed perspective Mr. Siegel began by describing the application and the house. He stated that he wishes to preserve the style. It will be modified and expanded. The kitchen, family room and a proposed master bedroom suite on the second floor in the rear of the home. The elevation facing Lathrop Avenue will mimic the back of the house and the roofline will be brought down to the lower point of entry. He stated the home is presently screened with evergreens and the neighboring property is approximately 98 feet away from the home. All the homes on Lathrop have short front yard setbacks. Mr. Siegel stated that he is being very respectful of the other homes in the area. The side of the home is textured and some interesting details on the home which will be extended. There being no further questions 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 M. Lami and seconded by R. Poeter. The following voice vote was heard from all eligible voting Board members. AYES: Mr. Cochran, Mr. Lami, Mr. Poeter, Mrs. De Rosa, Mr. Santoro, Mr. Blair and Mrs. Niculescu ZBA Regular Meeting – 4-12-12 6  9. OTHER BUSINESS – Mr. Hall discussed the LVJJ application and what they have accomplished to date. The Chatham School Board application was discussed and whether they would return to the Board. Mr. Hall also discussed the By-Laws, he stated the By-Laws layout the procedures for the Board. He distributed a copy of some of the changes that he made to them. 10. ADJOURNMENT - The meeting was adjourned at 10:00 pm. No motions were made to adjourn. Respectfully submitted, Lorraine Sola ZBA Regular Meeting – 4-12-12 7