Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Rescheduled Regular Meeting, Thursday, November 29, 2012 at 7:30 pm 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, November 29, 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, Toni DeRosa, Ronald Poeter, Diane Driscoll, Timothy Blair and Susan Niculescu EXCUSED: Mike Lami, Daniel Cochran, John Ciulla 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 made to the minutes. 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 10/11/2012 for adoption. The following Resolutions were distributed to all Board members prior to this meeting for their review. There being no additions or corrections, a voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as submitted. 6. RESOLUTIONS FOR MEMORIALIZATION - CASE NO. Z12-027 - Resolution granting variance application to K.W. Janne, Block: 907, Lot: 10, 20 Valley Road to construct a seconded Story Addition in an R-3(Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), and Minimum Side Yard Setback (Left). ZBA Regular Meeting – 11-29-12 1 CASE NO. Z 12-029 - Resolution granting variance application to Bottle Hill Neighbors Partnership, LLC, Block: 1001, Lot: 1, 57 Ridgedale Avenue to construct a seconded 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 This application was heard before Old Business due to Mrs. Fass being pregnant and uncomfortable. CASE NO. Z 12-032 Rob & Marlena Fass Block 902, Lot: 18 37 Sherwood Avenue Applicants are requesting permission to keep an existing 8’ x 12’ Shed in an R-3 (Single-Family Residential) Zone requiring relief from Accessory Structure Yard Setback. Mr. and Mr. Fass were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 10-1-12 A – 1 Sheet with photos A – 2 Copy of Survey dated 7-12-12 with add’l info added Mr. Fass began by describing the shed and its placement. Their house is a new construction home located on a small plot. A shed is needed to house tools and toys. It was reported to the Borough that it was located too close to her property line. A neighbor was concerned with the location and the number of trees that were removed from the property. Mr. Fass explained that the contractor was the person who received all permits for the construction. Mr. Fass stated he would like to do what is right for his property and installed a new fence to satisfy the neighbor. Mr. Buckalew discussed the shed with Mr. Fass and suggested a water leader on the shed. Mr. Fass stated there are several reasons why he does not want to relocate the shed; namely it is too close to the fence and there is no other location for the shed due to its odd shape of the lot. Mr. Fass stated the shed is very close to the garage and only a small portion of the shed is viewed by the neighbor. The Board questioned where the drainage is located and the applicant stated that there are no water issues on the property as witnessed by Mr. Buckalew. The public responded as follows: Carol Wyman, 39 Longview, was sworn in and stated that she has an issue with the shed being so close to her property. N – 1 Seven photos of shed There being no further questions or comments, the Board began their deliberation. The consensus of the Board was to deny the application. A motion to deny the application was made by Mrs. DeRosa and seconded by Mr. Poeter. ZBA Regular Meeting – 11-29-12 2 AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter, Mr. Santoro, Mr. Blair and Ms. Niculescu 7. UNFINISHED BUSINESS - 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 the Type of Fencing. This application was started at the October 11, 2012 and carried to the November 8, 2012 hearing without further notice. A – 12 Two page 11x17 set A – 13 Aerial photo Dimitrio Angelis and Helen began by reviewing the application, Mr. Hall explained that he needs 4 out of 6 ayes to receive approval of the application. Mr. Angelis then stated that at the last meeting he listened to both the Board and the neighbors. The changes made as follows: 28 feet from Hamilton St. changed to 35 feet front setback, coverage was high decreasing from 20.7 to 19.7%, left elevation of the home was changed by bringing half of the building in to create detail with 4 windows and the right side of the home was made two stories, stone was added to front with a covered porch with columns, the fence is not planned, and a side loading garage. Mr. Angelis summed up by stating he wants to remain in Madison. There were no questions from the Board or the public. Ms. Young, Architect reviewed her drawings with the changes that Mr. Angelis discussed. She stated the house was pushed back causing a rear yard setback of 34 feet. The attached garage is driven by the site. The front porch planned will add architecture to the house. Ms. Young then utilized the Google Map showing the existing homes around the site. Mrs. DeRosa questioned the building height of the home and how it compares with the neighboring homes. Ms. Young stated it is in conformance and there are several 2.5 story homes in the neighborhood. There being no further questions or comments from either the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application as revised. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Blair. A voice vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter, Mr. Santoro, and Mr. Blair NAY: Ms. Nicalescu ZBA Regular Meeting – 11-29-12 3 8. NEW BUSINESS – CASE NO. Z 12 -030 Cliff Watson Block: 1104, Lot: 12 15 Sayre Court Applicant is requesting permission to construct an Attached 2 Car Garage, with Modifications to the Driveway and Sidewalk in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Rear Yard Setback and Maximum Principal Building Coverage. Mr. Clifford Watson was sworn in and the following exhibits were marked. B – 1 Letter of Denial dated 10-9-12 A – 1 Copy of Survey dated 5-27-10 A – 2 Set of Plans prepared by Clifford Watson, A-1-4, dated 10-20-12 Mr. Watson began by explaining his need for the garage. His lot is on a corner and undersized. He would like to construct a 2 car garage. On the side where the garage will be located is a driveway to another complex. A mudroom is planned between the garage and the house. The mudroom will enter into the existing kitchen. Mr. Watson plans to install a drywell in the front of the garage. The garage is a single story building and will align with the home. The exterior of the garage will be vinyl sided and the home will be vinyl sided. The driveway will be eliminated and realigned, the shed in the rear will be removed. From the public: Carmen Pisaro, rear neighbor has no problem with the garage. There being no further questions or comments from either the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application. A motion to approve the application was made by Mr. Poeter and seconded by Mr. Blair A voice vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter, Mr. Santoro, Mr. Blair and Ms. Nicalescu A break was taken at 9:23 and the Board returned at 9:30 pm. CASE NO. Z 12-031 Todd Molnar Block: 4315, Lot: 21 8 Douglas Avenue Applicant is requesting permission to Expand Existing Driveway in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Impervious Coverage. B – 1 Letter of Denial dated 9-27-12 A – 1 Copy of survey 8-27-12, existing conditions A – 2 Copy of survey with driveway ZBA Regular Meeting – 11-29-12 4 Mr. Molnar is purchasing the home at 8 Douglas Avenue and is planning to make this improvement when he takes possession of the home. Two cars fit presently and Mrs. Molnar’s dad is going to join them when they take possession. The driveway proposed is 10 x 20. The home is located on an undersized lot. A portion of the driveway behind the steps will be removed to reduce the impervious coverage. The following member of the public had comments: Lani Serbania, 10 Douglas Avenue, has two concerns: the impervious coverage, and water runoff from the home. N – 1 Photos There being no further questions or comments from either the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the applicant remove the blacktop from the bottom of the steps. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Blair. A voice vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Santoro, Mr. Blair and Ms. Nicalescu NAYS: Mr. Poeter CASE NO. Z 12-033 Kevin & Melissa McCabe Block: 4102, Lot: 5 7 Harwood Drive Applicants are requesting permission to construct (2) 1-1/2 Story Additions, (2) 1 Story Additions, (2) Covered Porches and a Brick Paver Patio in an R-1 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. and Mrs. McCabe were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 10-10-12 A – 1 Copy of Survey dated 7-18-06 A – 2 Architectural Plans prepared by Anthony Bruno Jr, 4 sheets, dated 10-1-12 Mr. McCabe stated he has 4 children, the family has grown. The appliances are outdated and the McCabes’ would like to modernize their home. Mr. Bruno has done work on historic homes in Madison that is why the McCabes’ have chosen him as their architect. The flow of the home will be reversed to provide a better configuration. Mr. McCabe continued by reviewing the plans. Firstly, the kitchen the back will contain the kitchen which is being moved from the front. There will be more windows for aesthetic purposes. The roof area will not change. The lot isshaped like a slice of pie. and causes a hardship. The only addition being done is adding an extra bathroom. The exterior has cedar shakes and will be replaced with cedar shakes. ZBA Regular Meeting – 11-29-12 5 Drywells will be installed, however, the applicant will depend upon an Engineer to make the recommendations for their location. The impervious coverage is high and Mr. Santoro reaffirmed that drywells be installed. There being no further questions or comments from either the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that drywells be installed and buffering be maintained. A motion to approve the application was made by Mr. Poeter and seconded by Mrs. Driscoll . AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter, Mr. Santoro, Mr. Blair and Ms. Niculescu CASE NO. Z 12-034 Kyle Wickman Block: 909, Lot: 14 66 Valley Road Applicant is requesting permission to construct (2) second Story Additions, (1) 2 Story Addition, (1) 1 Story Addition, Deck, Paver Walkway and the Removal of Existing Shed in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Will be carried to December 13, 2012 hearing without further notice. CASE NO. Z 12-035 Mohamed Seyam Block: 1601, Lot: 4 38 Central Avenue Applicant is requesting permission to construct a 2 ½ Story Dwelling with a Detached Garage in an R-4 (Single Family Residential) Zone requiring relief from Minimum Front yard Setback, Minimum Side Yard Setback (Left) and Maximum Principal Building Coverage for the Principal Building. Relief is also sought from Minimum Rear Yard Setback, Minimum Side Yard Setback and Minimum Driveway Setback for the Detached Garage. At the request of the applicant, this application will be carried to the December 13, 2012 hearing without further notice. 9. OTHER BUSINESS - 10. ADJOURNMENT : The meeting was adjourned at 10:37 pm with no motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 11-29-12 6