Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, May 10, 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, May 10, 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 : Joseph Santoro, John Ciulla, Mike Lami, Ronald Poeter, Diane Driscoll, Timothy Blair and Dr. Niculescu ABSENT: Toni DeRosa and Daniel Cochran ALSO PRESENT: Keith A. Loughlin, Substitute Board attorney The following minutes were distributed to all Board members prior to this meeting for their review. There were no corrections or additions. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as submitted. 5. MINUTES FOR APPROVAL- Regular meeting of 4/12/2012 for adoption. No corrections. The following Resolutions were distributed to all Board members prior to this meeting. There were no additions or corrections made to any of the 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 12-004- Resolution granting variance application to John & Tammy LaGorce, Block: 3701, Lot: 27, 29 Maple Avenue 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. CASE NO. Z 12-005- Resolution granting variance application to Kevin & Geraldine Kilgore, Block: 3001, Lot: 70, 8 Academy Road to construct an Expansion of Existing 1st Story, 2nd Story Addition, 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. CASE NO. Z 12-006 - Resolution granting variance application to Anthony & Rennae Hipple, Block: 2001, Lot: 10, 15 Alexander Avenue to construct 2 Story Addition in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. ZBA Regular Meeting – 5-10-12 1 CASE NO. Z 12-007 - Resolution granting variance application to Philip & Ruth Deane, Block: 707, Lot: 42, 5 Hunter Drive 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. CASE NO. Z 12-008 - Resolution granting variance application to Michael & Kara Hines, Block: 203, Lot: 1, 27 Ferndale Road 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. CASE NO. Z 12-009 - Resolution granting variance application to Anthony Mazza & Christine Tiritilli, Block: 4302, Lot: 9, 157 Green Village Road 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) 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; and revised plans were asked to be submitted. A vote of the Board on this application is to be done this evening. Nino Coviello,Attorney, and Rusty Schommer, Engineer were present to finish up the application by reviewing the changes that were requested by the Board and Frank Russo, Engineer. B – 7 Frank Russo, Engineer Memo A – 41 Revised Site Plan Drawings prepared by Schommer Engineering, A – 42 Site Layout Exhibit, rendering of the Site Plan Mr. Schommer began by reviewing the Revised Site Plan with the changes that were requested by the Board at the last meeting. Several infiltration drywells were added to the infiltration system due to some questions raised by the Board. The Plans are similar to what was submitted at the prior meeting, including the suggested changes. Mr. Schommer reviewed Mr. Russo’s memo, and he is in agreement. The Draft Resolution that was submitted was discussed and Keith A. Loughlin stated there were several small changes to be made to this Resolution. Mr. Coviello did discuss these changes with Gary Hall through a phone conversation. The applicant has no other testimony and the Board is now ready to deliberate. Ms. Driscoll began by stating she was happy with the changes and the remainder of Board members agreed. A motion to approve the application was made by Mike Lami and seconded by John Ciulla. A roll call vote was requested and recorded as follows: AYE: Mr. Ciulla, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr.Santoro, and Mr. Blair ZBA Regular Meeting – 5-10-12 2 8. NEW BUSINESS – CASE NO. Z 12-010 Wendy Tait Block: 306, Lot 17 32 Crestwood Drive Applicant is requesting permission to construct a 2 Story Addition, (2) 2-1/2 Story Additions and Rear Deck in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback (Right). Wendy Tait, 32 Crestwood Dr., Madison, and Roger Winkle, 947 Park Avenue, Plainfield, Architect. The following exhibits were marked: B – 1 Letter of Denial A – 1 Proposed 1st floor Plan A – 2 Proposed 2nd floor plan A – 3 Proposed front elevation and left side elevation A – 4 Proposed right side elevation A – 5 Existing 1st floor A – 6 Existing and proposed plot plan Mrs. Tait began by explaining her reason for her needing the variances. Mr. Winkle gave his qualifications and was accepted by the Board as a qualified architect in the State of New Jersey. Mr.Winkle then began by describing Exhibit A – 5, 1st Floor. He reviewed the setbacks that presently exist. He stated the shaded area on the Plot Plan is where the widening of the existing one car garage is located. Sheet A – 1, First Floor Plan was discussed showing the extension for the two car garage. The sitting room is a new area for the footprint, this is adjacent to the porch. Originally there were 3 small bedrooms, kitchen and a dining room. The layout has been changed to reflect the sitting room, porch, kitchen and dining room. The proposed 2nd floor has a stairway to a central walking area, 3 bedrooms are proposed 2 with a shared bath, and a master suite with a bathroom and walk-in closets. The proposed elevation is of modern colonial styling and is similar to many homes in Madison. A – 7 Aerial map of the house Mrs. Tait stated that there is a generous amount of shrubbery and vegetation on both sides of her property between her neighbors. Her rear yard abuts the railroad tracks. She would love to stay in Madison due to her employment also located in Madison. Mr. Winkle summed up his presentation by stating he believes the application would be beneficial to the aesthetics of the neighborhood. Dorothy Obrien, 38 Crestwood Drive asked what the drywell is for. Mr. Santoro explained the function of a drywell and where it will be located. There being no further questions or comments, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the Borough Engineer decide whether this application requires drywells. A motion to approve the application with the condition was made by T. Blair and seconded by D. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr. Blair and Dr. Niculescu ZBA Regular Meeting – 5-10-12 3 CASE NO. Z 12-011 Danielle & Michael Futter Block: 2208, Lot: 17 30 Station Road Applicants are requesting permission to construct a 2 Story Addition in an R-3 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback and Maximum Principal Building Coverage. Danielle and Michael Futter, 78 E. Madison Avenue, Florham Park, James Weill, Archiect, 327 Millburn Avenue, Millburn, NJ. The applicant and architect were sworn in and Mr. Weill gave his credentials and was accepted by the Board as a qualified expert. The following exhibits were marked: B–1 Letter of Denial A–1 Architectural Plan prepared by Mr. Weill A–2 Photos of the house, A, B and C taken by Mr. Weill A–3 Survey with addition marked Mr. Futter began by explaining why they chose Madison and found this home. However, It is too small, and the applicant would appreciate the Board’s approval in making the changes which are being requested. Just the second floor will be expanded. The rear of the home abuts a small stream and a neighbor which Mr. Futter believes will not be encroached upon. The addition will be constructed of the same materials that presently exist on the home, ie. siding, roofing, etc. The existing neighbor is 10 feet off of the property line. The footprint of the structure is not being changed and Mr. Weill believes this application will be a benefit to the neighborhood. The right side of the has a walkway and trees between the house and brook and will be Mrs. Lillian Palmieri, 30 Station Road, Madison present owner, testified that the gravel on the side of the home contains flowers and pottery and a play area for the children. There were 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 presented. A motion to approve the application was made by M. Lami and seconded by R. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr. Blair and Dr. Niculescu CASE NO. Z12-012 Jan Marks Block: 3702, Lot: 23 33 Prospect Street Applicant is requesting permission to construct an Open Covered Porch in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback. Mr. Jan Marks, 33 Prospect Street, Gary Schmidt, ASA Architects, 221 Main Street, Madison were sworn in and the following exhibits were marked: B – 1 Letter of Denial A – 1 Drawings of proposed project, A-1 and A-2 Mr. Schmidt began by describing the application. The neighbor on the left is approximately 77 feet away is screened by shrubs and trees. Mr. Marks would like to have this porch to accommodate more outdoor living space. The proposed porch will fit perfectly with what exists including the detailing and columns. There being no further questions from the Board or the ZBA Regular Meeting – 5-10-12 4 public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by R. Poeter and seconded by D. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Santoro, Mr. Blair and Dr. Niculescu CASE NO. Z12-013 Lisa Kunish-Starnes Block: 3702, Lot: 42 83 Prospect Street Applicant is requesting permission to construct an Open Covered Porch in an R-3 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Julia Elizabeth Starnes, 83 Prospect Street, Madison was sworn in and the following exhibits were marked: B – 1 Letter of Denial A – 1 Cover Sheet, Plans and Elevations Mr. Schmidt, Architect, ASA Architects, 221 Main Street, Madison. Mr. Schmidt began by describing the porch and the minimal increase in impervious coverage. The side street, Hillside Avenue is where the porch will be located and utilized as the main entrance to the home. The existing main entrance goes directly into the kitchen. The existing covered porch will be enclosed and made into closets. Mr. Santoro stated he had a concern with this property in that all leaders outlet to the property. He explained that drywells should be installed to capture this water runoff. She was concerned of the two trees which are located on the property. She would agree with the drywells or use of the old sistern that exists on the property. Mr. Santoro suggested that an engineer be hired to research the sistern and the location of drywells on the property. Mr. Santoro suggested that the applicant return at the next meeting with the conclusions as to whether she will be able to connect to the existing sistern. The applicant will return at the next meeting scheduled for June 14, 2012. CASE NO. Z12-014 Sanjai & Renu Narain Block: 3001, Lot: 49 4 Carteret Court Applicants are requesting permission to construct a 1 Story Rear Addition in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application is carried to the June regular meeting. 9. OTHER BUSINESS – Zoning Board of Adjustment By-Laws – the By-Laws were held over to the next regular meeting for Gary Hall’s review. ZBA Regular Meeting – 5-10-12 5 10. ADJOURNMENT The meeting was adjourned at 10:00, no motions were made. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 5-10-12 6