Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, October 11, 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, October 11, 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, Toni DeRosa, Mike Lami, Ronald Poeter, and Dr. Niculescu EXCUSED: Diane Driscoll and Timothy Blair ABSENT: ALSO PRESENT: Gary Hall, Zoning Board attorney The following minutes were distributed to all Board members prior to this meeting for their review. There were two minor corrections. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as corrected. 4. MINUTES FOR APPROVAL: Regular meeting of 9/13/2012 for adoption. 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. 5. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 12-013 - Resolution granting variance application to Lisa Kunish- Starnes, Block: 3702, Lot: 42, 83 Prospect Street to construct an Open Covered Porch in an R-3 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z12-021 - Resolution granting variance application to Lisa & Doug Sanderson, Block: 4803, Lot: 13, 21 Barnsdale Road to construct a 1 Story Rear ZBA Regular Meeting – 10-11-12 1 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. CASE NO. Z12-022 - Resolution granting variance application to Bill Rutland, Block: 3803, Lot: 37, 20 Pomeroy Road 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 CASE NO. Z12-023 - Resolution granting variance application to Michele & Simon Deburg Codrington, Block: 603, Lot: 18, 24 Hoyt Street 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. CASE NO. Z12-024 - Resolution granting variance application to Jon Mazzacano, Block: 909, Lot: 2, 11 Hillview Avenue 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. CASE NO. Z12-025 - Resolution granting variance application to Joseph & Michelle Pullaro, Jr., Block: 3701, Lot: 41, 57 Maple Avenue 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. CASE NO. Z12-026 - Resolution granting variance application to Jonathon Yoesting, Block: 1107, Lot: 12, 33 South Street 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). 6. UNFINISHED BUSINESS: None 7. NEW BUSINESS: CASE NO. Z12-027 K W Janne Block: 907, Lot: 10 20 Valley Road Applicant is requesting permission to construct a 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), and Minimum Side Yard Setback (Left). B – 1 Letter of Denial from the Borough dated 9-14-12 A – 1 Architectural Plan dated 9-5-12 prepared by Joseph DeMaria, along with a Survey ZBA Regular Meeting – 10-11-12 2 Mr. KW Janne was sworn in and began by describing the property, stating that the home is a 1940 Cape Cod and in the past several years several changes have been made. This application is for a left and right side addition up to the second floor which will contain a master bedroom with a bath and closet. Mr. Janne continued stating he and his wife love Madison and want to continue living in the Borough. He stated that in 1993 a kitchen addition was added in the rear, a second story is planned over that 1993 addition to finish it off. The home is not being extended, with no increase in the footprint and height. The lot is narrow which causes both side yard setback issues. In the rear on the left side there is a row of trees for buffering from the neighbor’s homes. There being no further testimony from the applicant, the Board and questions or comments from 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 presented was made by Mr. Ciulla and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mr. Cochran, Mrs. DeRosa, Mr. Lami, Mr. Poeter, Mr. Santoro and Dr. Niculesca CASE NO. Z 12-028 Helen & Dimitrios Angelis Block: 913, Lot: 21 58 Hamilton Street Applicants are requesting permission to construct a New 2 ½ Story Dwelling in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Hamilton Street), Maximum Principal Building Coverage and Maximum Height of Fence and Type of Fencing. Helen and Dimitrios Angelis, applicants and Carolyn Young, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 9.17/12 A – 1 Survey dated 2-18-12 A – 2 Set of Architectural Plans prepared by Carolyn Young, dated 9-14-12 A – 3 Architectural Site Plan, one sheet A 4 Existing House A – 5 22 Longview A – 6 47 Valley A – 7 59 Valley A – 8 38 Sherwood A – 9 45 Valley A – 10 11 Hamilton A – 11 36 Hamilton Mr. Angelis began by explaining the location of the home on a corner lot, built in the mid 50’s, stating that the lot is the hardship causing the setback violations. He also stated that the home was demolished. The Oak in the rear will be left, and the garages will be kept. A covered porch is planned which he believes will be a ZBA Regular Meeting – 10-11-12 3  architectural benefit to the neighborhood. Ms. Young now began to review the architectural drawings. The footprint of the existing home is depicted on the plan. The goal to remove the home and construct a new home is planned. The principal building coverage is caused by the lot being undersized, and even if it was conforming, the applicant would still have to present to the Board. If the home is planned further into the property, a rear yard setback would be necessary. The home will consist of a first and second floor. Relative to other homes on the street, this home’s setback is similar to others. Mr. Hall pointed out the bump out and its encroachment. Ms. Young explained the reason for the location of the home with regard to the encroachments on either street. The applicant is keeping within the impervious coverage on the property. The applicant also would like to install a 6 foot high fence along the hedges in the rear. Board members had an issue with this installation. Mr. Santoro suggested an open picket fence in place of the 6 foot fence. Mr. Hall added to the conversation and stated the yellow area in the rear can have a 6 foot fence only, and the right side, and other areas should be 4 feet open and solid fence with landscaping. There being no further questions or comments from the Board, the public was given the opportunity to ask questions or make comments. Comments as follows: Jose Garcia, 51 Hamilton, stated he is familiar with the applicants and is happy that they are building a new house. He also stated he is not happy with the setbacks and fear for the children playing in that area. Peter Muhlenberg, 62 Hamilton, is also concerned with the fence and the setback issue. Mr. Angelis explained the reason for the location of the home. He stated that he will resolve the issue of the location of the home if it causes problems to the neighbors. He was willing to shrink the building down or move the home back further. Ms. Young stated she would like to speak to her clients and resolve the problem. The Board and applicants took a break at 8:41 pm and returned at 8:44 pm. Ms. Young and the applicant came to a solution. She stated the applicant is willing to push the house back and the proposed setback will change. The fence topic will be addressed at another meeting. Mr. Muhlenberg, 59 Hamilton stated he doesn’t believe it is a fair compromise. Mr. Santoro did not want to continue the application this evening. He suggested that the applicant return with aerial photos to view the footprint, photos of other neighbors across from the applicant and other issues and reasons this size home is needed. The applicant will return at the next meeting scheduled for November 8, 2012. ZBA Regular Meeting – 10-11-12 4 GUEST SPEAKER: Mr. Robert Vogel, P.E., C.M.E., Borough of Madison Engineer Storm water Management and other topics as relating to the Zoning Board of Adjustment decisions. Mr. Vogel stated that he appreciates dialogue between the Board and his office. He stated that there are several discussion points regarding the Borough’s Storm-water Management Goals. He distributed a “Meeting Agenda” which began with an Introduction and contained 10 points. He discussed each point separately which was supported by another document which discussed them in detail. He summarized his discussion stating that his office is open to any questions or discussion for all Board members. He also commended the Board and myself on their dedication and good work for the community. CASE NO. Z 12-029 Bottle Hill Neighbors Partnership, LLC Block: 1001, Lot: 1 57 Ridgedale Avenue Applicants are requesting permission to construct a 2nd Story Dormer, 2 Story Addition and Re-Install Existing Patio in an R-4 (Single – Family Residential) Zone located in the Bottle Hill Historic District requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback and Minimum Rear Yard Set Back Josh Franklin, attorney representing the applicant explained that the structure is historical and the applicants are comprised of neighbors in the Bottle Hill area. Mr. Franklin then described the variances that are being sought. The lot is undersized and causes the hardship. The following exhibits are marked: B – 1 Letter of Denial from the Borough dated 9-19-12 B – 2 Memo from Historic Preservation Commission dated 9-12-12 A – 1 Murphy and Hollows Plans, dated 9-14-12 A – 2 Architectural Plans dated 9-6-12, rev. 9-12-12 A – 3 Colorized version of the Plan A – 4 Photo board comprised of 4 photos A – 5 Small color photos William Hollows, Engineer was sworn in and began by describing his plan, the location of the property and its size. He stated that there are several variances being sought which will allow the home to be expanded with two additions. The gravel parking area will remain the same. The lot is sub-standard, however, the impervious coverage and building coverage is being met. William VanRyzin, Architect for the project was sworn in and began by describing the home as it presently exists. The house was damaged by a storm in the past. The house was put on the market and the neighbors did not want it demolished. An addition of 140 sf is proposed in the rear and on the second floor the shed dormer will be enlarged. The addition on the first floor will house a kitchen, and the second ZBA Regular Meeting – 10-11-12 5 floor will house two bedrooms and a bath. He described a colorized drawing of the home with the proposed addition. The colors will be tan and brown, and the exterior will be wood siding. The memo from the Historic Preservation Commission does speak to the plans that are being presented this evening. There being no further questions from the Board and no public being present, the Board began their deliberation. A motion to approve the application as presented was made by Mr. Lami and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mr. Cochran, Mrs. DeRosa, Mr. Lami, Mr. Poeter, Mr. Santoro and Dr. Niculesca 8. OTHER BUSINESS: No other Business is planned for this evening. 9. ADJOURNMENT: The meeting was adjourned at 10:17 with no motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 10-11-12 6