Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, September 13, 2012 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, NJ. 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, September 13, 2012 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, N.J. Mike Lami, 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, Mike Lami, Toni DeRosa, Ronald Poeter, Timothy Blair and Dr. Niculescu EXCUSED: Joseph Santoro and Daniel Cochran ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There were no additions or corrections made to the minutes. 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 7/12/2012 for adoption. 6. RESOLUTIONS FOR MEMORIALIZATION - CASE NO. Z 12-019 - Resolution granting variance application to Stephen Torell, Block: 203, Lot: 4, 14 Forest Road to construct a Detached 3 Car Garage & Driveway Modifications in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. There were no additions or corrections to this Resolution. A motion to approve the Resolution was heard and a voice vote of aye was heard from all eligible voting Board members. ZBA Regular Meeting – 9-13-12 1 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 applicants’ request this application was carried to the September 13, 2012 Zoning Board of Adjustment meeting. It was determined that notification to property owners will be sent prior to the hearing. Elizabeth Starnes and Alan Andreas, Architect were both sworn in and the following exhibits were marked. A – 1 Plans (no changes since last submittal) A – 2 Cover sheet revised 7-31-12 Mr. Andreas began by describing what presently exists, a covered walkway. A portico is proposed to cover that area. The encroachment is minimal. After his discussion with Mr. Vogel, Borough Engineer, a new drywell is proposed and also an area drain which will catch all the runoff from the driveway. The driveway is approximately 1,362 feet and all water will be caught along with water from the two existing leaders in each corner of the home. Mr. Andreas stated he believes everything has been covered by this system and there will be no water problems at this site. Mr. Hall requested that Mr. Andreas review the plan again for the Board’s edification. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mr. Poeter and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu 8. NEW BUSINESS – CASE NO. Z12-021 Lisa & Doug Sanderson Block: 4803, Lot: 13 21 Barnsdale Road Applicant is requesting permission to construct a 1 Story Rear Addition & Wood Frame Deck, removing the existing deck, patio and a portion of the driveway in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. ZBA Regular Meeting – 9-13-12 2  Doug and Lisa Sanderson, applicants and their architect, Mr. Vanlenten were sworn in and the following exhibits were marked: B–1 Letter of Denial dated 7-10-12 A–1 Plans prepared by Mr. Vanlenten dated 7-17-12 collectively A–2 Photo board, 12 photos A–3 Photo board, 12 photos Mr. Sanderson began by providing an overview of what took place up to their decision to add to the home due to their growing family. He stated that the family wants to stay in Madison. He continued by explaining that the family room is of most importance to their family. He and his wife decided to remove the porch and construct a larger family room to accommodate his family. He plans to also extend the kitchen when the family room is constructed. Mr. Vanlenten reviewed the plans which he prepared. The home is a split level and causes a problem in negotiating space. The porch will be removed and a new family room will be constructed requiring a variance for side yard setback, etc. A wood deck and a section of the driveway will be removed lowering the existing impervious coverage. The impervious coverage will be increased by 225 square feet. The addition will be a one-story addition, with a wood framed deck. Mr. Valenten used Exhibit A – 2 to depict the surrounding homes in the area. He stated that the appearance of the home will not change drastically considering homes in the area are larger. Board members were concerned with the next door neighbor’s views. Mr. Vanlenten stated that additional vegetation will be added to a highly vegetated area for screening purposes. The new windows on the addition will be smaller than typical. A drywell is not required for an addition smaller than 492 square feet. There are no water issues presently on the site. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mr. Blair and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu CASE NO. Z12-022 Bill Rutland Block: 3803, Lot: 37 20 Pomeroy Road Applicant is requesting permission to construct a 1 Story Addition with (2) Covered Porches, Partial Removal of Existing Driveway in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback. Bill Rutland, applicant and Alan Andreas, architect were sworn in and the following exhibits were marked. ZBA Regular Meeting – 9-13-12 3 B – 1 Letter of Denial, dated 7-3-12 A – 1 Plans prepared by ASA Architects, dated 6-26-12, rev 8-3-12, 2 pages A – 2 Revised Cover Sheet and part of Site Plan Mr. Andreas began by describing the portion of the patio and walkway on the Site Plan. He stated he revised the Site Plan showing the two items, which initially will be removed to construct the addition. He continued stating that when he met with the Rutlands’, he observed that the home lacked certain amenities, such as a modern kitchen, a mud room which will be included along with a laundry room, and also a wash room. The home was constructed and located basically to the left on the site. Mr. Andreas stated that the rear elevation is very symmetrical and he would like to keep the symmetry by locating the addition as proposed. A small shed and garage exists in the rear of the home. The addition will not change the character of the neighborhood due to it not being seen from the street and it will not go beyond the actual property line of the home. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mrs. Driscoll and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu CASE NO. Z12-023 Michele & Simon Deburg Codrington Block: 603, Lot: 18 24 Hoyt Street Applicants are requesting permission to construct a Second Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Samuel DeAngelis, attorney representing the applicant, Michelle Deburg Codrington and Joseph DeMarzo B – 1 Letter of Denial dated 8-9-12 and rev. 8-15-12 A – 1 Plans prepared by Washington Architects, dated 8-3-12, rev. 8-10-12, 2 sheets A – 2 Survey dated 8-8-12 Ms. Deburg Codrington began by explaining that her family is growing and a larger bedroom and bath are needed. It is important that she stay in this home and does not want to leave being her Mom lives to the rear of her home. Joseph DeMarzo, Contractor, 15 Spring St., Chatham Township, NJ began by stating there would not be any ground disturbance. Both increases would be less than 1 percent. He stated that the lot is undersized which causes a hardship. The proposed addition would have very little impact upon the neighboring homes. Michelle does not ZBA Regular Meeting – 9-13-12 4 want the high ceilinged room disturbed, being that her Dad built the home. The addition will not encroach upon the property line and the increases are due to the overhang. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Ciulla. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu CASE NO. Z12-024 Jon Mazzacano Block: 909, Lot: 2 11 Hillview Avenue Applicant is requesting permission to construct (2) 2nd Story Additions in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. John Mazzacano, applicant, was sworn in and the following exhibits were marked: B - 1 Letter of Denial dated 6-6-12, rev. 9-10-12 A – 1 Plans prepared by Yau Hong Cheug, 5 sheets, dated 7-23-12 Mr. Mazzacano began by describing the layout of the home. Recently the couple had a child and now needs additional room to accommodate a growing family. The proposed plan is to build two additions on the second level. A master suite with an additional bathroom is planned. The layout of the home will be changed. The small one foot overhang will be added to the addition to match what presently exists. The home is 1500 sf. The present bathroom does not have a tub and the new bathroom will have a tub. The first floor does not change, the rear will also have an overhang. The applicant stated that the home was renovated in 2007 and all leaders go into the ground. He cannot find a record of a drywell being installed. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mr. Ciulla and seconded by Dr. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu CASE NO. Z12-025 Joseph & Michelle Pullaro, Jr. Block: 3701, Lot: 41 57 Maple Avenue ZBA Regular Meeting – 9-13-12 5 Applicants are requesting permission to construct Rear yard Deck in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. Joseph Pullaro, Jr. and Michelle Pullaro were both sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 8-8-12 A – 1 Marked colored copy of the survey dated 1-11-07 A – 2 Colored schematic of the addition A – 3 Set of seven sheets of colored photos Mr. Pullaro began by stating a rear yard deck is being proposed to accommodate their two year old son and to be able to entertain. A covered porch presently exists, 5 x 8 which only accommodates two chairs. Off the kitchen are steps down to the back yard. The applicant would like the kitchen and porch connected both exiting into the rear yard. The deck will be slotted trek wood and the steps which exist are deteriorating and will be replaced. He stated that the rear yard presently is very private with numerous shrubs, and the deck will not impact any neighbors. The height of the porch and deck will be the same. The setback will be in alignment with the applicant’s neighbors on the left and the neighbor on the right is recessed slightly behind the applicant. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mr. Ciulla and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu CASE NO. Z12-026 Jonathon Yoesting Block: 1107, Lot: 12 33 South Street Applicant is requesting permission to construct a 1 Story Addition, 2nd Story Addition, and Roofed Front Porch in an R-4 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback (Left). Jonathon Yoesting and Erica Bocian, applicants were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 8-14-12 A – 1 Marked copy of the survey dated 6-8-12 rev. 8-20-12 A – 2 Computer generated rendering A – 3 Aerial photo, applicant’s home is #33 ZBA Regular Meeting – 9-13-12 6 Mr. Yoesting stated that since the revised letter (Exhibit A-1) was sent, Phase I construction does not need a variance. This functionally is independent of this application. He stated that several of the homes in the area have the same set backs and the changes will increase the value of the home. The home was in bad shape due to it being a rental for many years and the occupants left the home to deteriorate. Mr. Yoesting stated that he believes that most of the homes in his neighborhood are non-conforming. The house is located on an angle on the property which causes a hardship. The couple has been living with Ms. Bocian family waiting to purchase a home. The family is growing and the applicants want to settle in Madison. There are downspouts on the home exiting into the yard. The front porch had a water issue and the applicant does not believe it was due to the downspout because it was packed with leaves. A set of stairs enters into the second floor which is where the new bedroom and bathroom will be located. Being that the Board had no further questions or comments, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application was made by Mr. Ciulla and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Blair and Dr. Niculescu 9. OTHER BUSINESS There was no Other Business. 10. ADJOURNMENT The meeting was adjourned at 9:20 pm. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 9-13-12 7