Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, June 14, 2012 at 7:30 P.M. Hartley Dodge Memorial, 50 Kings Road, Madison, N.J. ________________________________________________________________ 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, June 14, 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, Daniel Cochran, John Ciulla, Timothy Blair, Diane Driscoll, and Dr. Niculescu EXCUSED: Toni DeRosa, Mike Lami and Ron Poeter ABSENT: ALSO PRESENT: Gary Hall, Board attorney The following minutes were distributed to all Board members prior to this meeting for their review. 5. MINUTES FOR APPROVAL- Regular meeting of 5/10/2012 for adoption. The only correction made was to Item #3, Diane Driscoll’s name was missing. A voice vote of aye was heard from all eligible voting members in approval of the corrected minutes. The following Resolutions were distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION - CASE NO. Z 12-010 - Resolution granting variance application to Wendy Tait Block: 306, Lot 17, 32 Crestwood Drive 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). ZBA Regular Meeting 6-14-12 1 CASE NO. Z 12-011 - Resolution granting variance application to Danielle & Michael Futter, Block: 2208, Lot: 17, 30 Station Road 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. CASE NO. Z12-012 - Resolution granting variance application to Jan Marks, Block: 3702, Lot: 23, 33 Prospect Street 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. All of the above Resolutions were approved without any corrections or additions. A voice vote of aye was heard from all eligible voting Board members in approval of all of the Resolutions. 7. UNFINISHED BUSINESS - 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. This application was started at the May 10, 2012 meeting and carried without further notice. At the request of the applicant this application will be carried to the August 9, 2012 Zoning Board of Adjustment meeting. Notification to property owners will be sent prior to the hearing. 8. NEW BUSINESS – 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. Mr. Sanjai Narain was sworn in and the following exhibits were marked. B–1 Revised June 5, 2012 Letter of Denial from the Zoning Officer, the original Letter was incorrect and then revised. A–1 Aerial Photo of the neighborhood A–2 Plan with blue highlights A–3 Black and white elevation of the house A–4 Survey dated 2/14/12 showing proposed addition A–5 Plan dated 4/18/12 ZBA Regular Meeting 6-14-12 2 Mr. Narain began by describing what is being requested. The addition measures 12 feet along the rear wall. It is necessary for the expansion of the very small kitchen. The house is surrounded in the rear by a home which is double the size of Mr. Narain’s home. The construction will be located only on the left side. There are trees separating the applicant’s property and 5 Academy Road. The addition extends 12 feet from the rear of the applicant’s home and measures 12x14 feet. Mr. Ciulla asked about the drainage situation on the site. Mr. Narain stated that water runs down to the street and in the rear the water goes into the yard. He stated there is no water problem on the property. No drywells are required by the size of this addition, however, Mr. Santoro asked if the applicant would be willing to install a drywell in the rear, and he agreed. There being no further testimony from the applicant or the Board, the public had the opportunity to either ask questions or make comments. The Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application with the condition that a drywell in the rear was made by D. Driscoll and seconded by D. Cochran. A roll call vote was requested and recorded as follows: AYES: J. Ciulla, D. Cochran, D. Driscoll, J. Santoro, T. Blair and Dr. Niculescu CASE NO. Z12 -015 Carmen Jr. & Carmen III Toto Block: 3802, Lot: 29 32 Edgewood Road Applicants are requesting permission to construct a 2 Story Addition in an R-2 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Carmine Jr. and Carmine Sr. Toto and Craig Arezuma, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 4/19/12 A – 2 Plot Plan prepared by Andrew Clark with a colored map, dated 1/18/12 A – 3 Architectural Plans prepared by Craig Arezuma dated 5/1/12 Carmine Toto, Sr. began by describing the home in its present condition and how it has changed over the years. A swimming pool was installed in 1962. A bocce court is being removed and grass has been planted. The far corner abuts the YMCA, JCP& L’s tower and the railroad tracks which contains stone. He stated his property abuts a maintenance site of JCP&L. He stated extra loads of stone were dumped a few years ago. Mr. Toto stated that in 1996 he performed drainage work assisting the YMCA and other neighbors. Craig Arezuma began by describing the work that is proposed for the home on Edgewood Road. He stated several scenarios were considered and the one that is being proposed was agreed upon. The addition will be located in the rear. This addition will enlarge the kitchen and provide a better flow in the home. ZBA Regular Meeting 6-14-12 3 The lot is unusually shaped as a flag lot. The addition measures 350 sf and Mr. Arezuma stated the master bedroom suite will be modernized. The exterior of the home will have the jalousie windows replaced and the period look of the home will be kept. The exterior will be re-sided with new materials. The streetscape will not be impacted by this addition. Just a small edge of the addition is visible. Presently there are 3 bedrooms and the small bedroom will be enlarged. There was no further testimony for the applicant or the Board, the public had the opportunity to either ask questions or make comments. The following individuals had comments: Lajunta Hurt, 25 Albright Circle supports the project. Robert Griese, 29 Kings Road, stated that his yard is flooded on many occasions. His property is located on Lot 9. He believes the water comes from 137 Kings Road. Mr.Toto explained the situation and how this water occurs. Mr. Santoro stated that Mr. Griese should attend a Council meeting with this complaint. Tony Trotter, 141 Kings Road suggested to join with other neighbors and attend a Council meeting with this issue. The Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application with the condition that a drywell be installed in the rear was made by D. Cochran and seconded by J.Ciulla. A roll call vote was requested and recorded as follows: AYES: J. Ciulla, D. Cochran, D. Driscoll, J. Santoro, T. Blair and Dr. Niculescu CASE NO. Z12-016 Andy & Dana Gilbert Block: 4902, Lot: 4 40 Dellwood Parkway Applicants are requesting permission to construct a 1 & 2 Story Addition, Driveway Expansion, Walkway and Removal of Existing Shed in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. and Mrs. Gilbert, Brian Bosenberg, Landscape Architect and Janet Siegel, Architect were sworn in and the following exhibits were marked. B – 1 Letter of Denial dated 5/7/12 A – 1 Plans 5/3/12 A – 2 Survey dated 7/7/11 A – 3 Photo board with location map A – 4 Rendering A – 5 Landscape Plan Mr. Gilbert began by stating his reasons for the addition. His aging parents will reside in his home and it would be a good opportunity to update the home. ZBA Regular Meeting 6-14-12 4 Ms. Siegel began by describing the variances that are being requested. The two car garage will be demolished and be rebuilt as a three car garage. The property is a corner lot and the applicant is attempting to keep the construction within the boundaries of the lot. The garage will face the rear and be consistent with neighboring homes. The decision is an aesthetic decision and other homes have three car garages. A shed is also being removed, it presently is located on the side. The interior of the home will be redesigned for a better flow. The second floor is not being changed, however, the back stair is being realigned. One bedroom and a small bath will be removed and rebuilt. There will be a private suite on the first floor with a full bath which is adjacent to the three car garage. Ms. Siegel continued reviewing photo boards that were marked showing the neighboring homes and made comparisons to size and volume as opposed to the applicant’s. The property size is on the lower scale than other homes on the street. Gary Hall had several questions regarding the driveway, paving and the rectangles behind the home. At this point the public was given the opportunity to question the architect, their being none, Brian Bosenberg, Landscape Architect presented his testimony. He explained that a new patio space was created. All of the concrete walks will be removed and bluestone will be installed. The new addition will have a drywell system. The existing home’s water is presently being captured. The landscape buffering will contain a dense evergreen buffer. A small family private space will be screened from the road. There being no further questions or comments, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application with the addition of a drywell in the rear was made by D. Driscoll and seconded by T. Blair. A roll call vote was requested and recorded as follows: AYES: J. Ciulla, D. Cochran, D. Driscoll, J. Santoro, T. Blair and Dr. Niculescu CASE NO. Z12-017 Nat and Tara Patel Block: 2204, Lot: 16 22 Station Road Applicants are requesting permission to construct a 2 ½ Story Addition, Half Story over existing Dwelling, Existing Shed Removal, Portion of Existing Patio and Sidewalk Removal in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Rear Yard Setback and Maximum Principal Building Coverage. Jeffrey Gogan, Architect and Nat Patel were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 5/8/12 A – 1 Survey prepared by Fred Meola, 3/21/12 A – 2 Plans prepared by Jeffrey Gogan ZBA Regular Meeting 6-14-12 5 Nat Patel, applicant explained that he has health issues and needs his daughter’s assistance. He continued by stating he believes there was an error in previous paperwork. Mr. Gogan began by describing the lot size and stated the width of the property is 91 feet and is located on a corner. The depth of the lot is deeper than other homes. Other options were considered, such as building up one story. The house does not have a basement due to a water issue in the area and building up would create another story. By building up, the house would appear bulkier. The addition will be located on the left side of the home. This addition will have stone base. A portico will be located on the front stoop. The addition extends 13 feet 8 inches from the rear corner. The side yard is not being impacted. A dormer will be added for aesthetics and cannot be inhabited. The first floor will be expanded for an office. The garages will stay where they are presently. The first floor is all contained in an area of 1,330 feet. The second floor consists of the bedrooms and two baths. The upstairs will have an unfinished attic. The left side elevation shows the bedroom and bath windows. The rear will be resurfaced and the stone will wrap around from the front to the rear. There is a 38 foot easement in the rear which contains numerous trees. The deck in the rear has a patio below and it will be removed along with a shed. The impervious coverage is in compliance. There will be no impact to the neighboring homes in the area. Several homes in the area have odd lot sizes and front yards. There being no further questions or comments from the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application with the condition a drywell be installed in the rear was made by D. Driscoll and seconded by T. Blair . A roll call vote was requested and recorded as follows: AYES: J. Ciulla, D. Cochran, D. Driscoll, J. Santoro, T. Blair and Dr. Niculescu CASE NO. Z 12-018 Mary Beth Cooney Block: 4203, Lot: 1 336 Woodland Road Applicant is requesting permission to construct (2) Roofed Porticos, Roof Over Existing Garage and Walkway Modifications in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback. Mary Beth Cooney, applicant was sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 5/18/12 A – 1 Survey dated 7/24/08 A – 2 Plans prepared by Nick Bensley, dated 5/11/12 A – 3 Photo sheet Ms. Cooney began by describing the home and its location. The corner lot is a hardship. The plan includes modifying the garage roof and adding the portico to cover the kitchen entry from the inclement weather. ZBA Regular Meeting 6-14-12 6 The roofline will be improved and be aesthetically pleasing to the neighbors. On the Green Village side, a walkway exists and is buffered by hemlocks. That is the location of the canopy. A stoop exists and the canopy will add a bit of architectural interest. There being no further questions or comments from the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application with the addition of a drywell in the rear was made by J. Ciulla and seconded by T. Blair. A roll call vote was requested and recorded as follows: AYES: J. Ciulla, D. Cochran, D. Driscoll, J. Santoro, T. Blair and Dr. Niculescu CASE NO. Z 12-019 Stephen Torell Block: 203, Lot: 4 14 Forest Road Applicant is requesting permission to construct a Detached 3 Car Garage & Driveway Modifications in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Size of Accessory Structure and Maximum Impervious Lot Coverage. Stephen Torell was sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 5/17/12 A – 1 Copy of survey dated 1/28/10 with notations of the proposed addition A – 2 Sketches of the footprint of the garage A – 3 5 sheets photos of garage and driveway A – 4 3 sheets photos of the home The existing garage is in very poor condition and too close to the property line. The new garage will be located five feet from the property line. A 3-car garage is proposed to house a collectible car. The driveway replacement will consist of pavers and will be downsized. The impervious coverage will remain the same. The proposed garage will be craftsman style to match the house. The household presently has four cars. Mr. Torell stated that his lot is a bit larger than most of the lots in the area. Mr. Santoro was concerned with the water runoff down the driveway. He requested that the applicant show where the drywells are located. The Board agreed. The applicant can return with a revised application. The application will be carried to the July 12, 2012 meeting. CASE NO. Z 12-020 David & Sylvia Luber Block: 4701, Lot: 44 7 Lawrence Road 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 and Maximum Principal Building Coverage. David and Sylvia Luber and Bill Bjork were sworn in and the following exhibits were marked: ZBA Regular Meeting 6-14-12 7 B – 1 Letter of Denial dated 5/21/12 A – 1 Plans prepared by Louis Salamone, Architects Bill Bjork, Builder began by describing the lot, which is three sided. The addition size is 80 square feet. He stated most of the house is non-conforming. The proposed bump out will be located in the non-conforming area. The expansion of the kitchen will allow for a better flow and more work space. The bump out will go on to the deck. There being no further questions or comments from the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application with the addition of a drywell in the rear was made by D. Cochran and seconded by J. Ciulla. A roll call vote was requested and recorded as follows: AYES: J. Ciulla, D. Cochran, D. Driscoll, J. Santoro, T. Blair and Dr. Niculescu 9. OTHER BUSINESS – Zoning Board of Adjustment By-Laws – Gary Hall stated he made some minor changes to the By-Laws. Joe Santoro asked about individuals who request documentation. Who are interested parties? Gary explained who interested parties are. He stated that most likely it is a person who is within 200 feet of the property who is in front of the Board. The Chairman has the right to ask why the person is interested. The answer is located on page 4 of the By-Laws. The discussion continued regarding prior cases and the decisions made for those applications. 10. ADJOURNMENT The Board adjourned the meeting at 11:10 pm Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 6-14-12 8