Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, December 13, 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, December 13, 2012 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, N.J. Mike Lami, Vice 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 : Daniel Cochran, John Ciulla, Toni DeRosa, Mike Lami, Ronald Poeter, Diane Driscoll, Timothy Blair and Susan Niculescu EXCUSED: Joseph Santoro 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 a few 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. 4. MINUTES FOR APPROVAL: Rescheduled regular meeting of 11/29/2012 for adoption. The following Resolutions were distributed to all Board members prior to this meeting for their review. There being no corrections, a voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. ZBA Regular Meeting – 12-13-12 1 5. RESOLUTIONS FOR MEMORIALIZATION CASE NO. Z 12-028 - Resolution granting amended variance application by Helen & Dimitrios Angelis, Block: 913, Lot: 21, 58 Hamilton Street, 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) and maximum principal building coverage ratio. CASE NO. Z 12 -030 - Resolution granting variance application by Cliff Watson, Block: 1104, Lot: 12, 15 Sayre Court, to construct an attached 2 car garage, with modifications to the driveway and walks in an R-3 (Single-Family Residential) Zone requiring relief from minimum front yard setback, minimum rear yard setback and maximum principal building coverage ratio. CASE NO. Z 12-031 - Resolution granting variance application by Todd Molnar, Block: 4315, Lot: 21 8 Douglas Avenue, to expand existing driveway in an R-3 (Single-Family Residential) Zone requiring relief from maximum impervious lot coverage ratio. CASE NO. Z 12-032 - Resolution denying variance application by Rob & Marlena Fass, Block 902, Lot: 18, 37 Sherwood Avenue, to keep an existing 8’ x 12’ shed in an R-3 (Single-Family Residential) Zone requiring relief from accessory structure rear yard setback. CASE NO. Z 12-033 - Resolution granting variance application by Kevin & Melissa McCabe, Block: 4102, Lot: 5, 7 Harwood Drive, 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 ratio and maximum impervious lot coverage ratio. 6. OLD BUSINESS CASE NO. Z 12-034 Kyle Wickman Block: 909, Lot: 14 66 Valley Road Applicant is requesting permission to construct (2) 2nd story additions, (1) 2 story addition, (1) 1 story addition, deck, paver walkway, with removal of existing shed, in an R-3 (Single-Family Residential) Zone requiring variance relief from the maximum principal building coverage ratio and maximum impervious lot coverage ratio. This case was on the November 29, 2012 agenda, but it was not started and was carried to the December 13, 2012 meeting without further notice. Daniel Cochran excused himself from the application. John Van Lenten, Architect and Kyle Wickman, applicants were sworn in and the following exhibits were marked: ZBA Regular Meeting – 12-13-12 2 B - 1 Letter of Denial from the Borough of Madison dated 10/17/12 A – 1 Set of Plans dated 4/124/12 rev. 10/15/12 A – 2 Copy of Survey dated 2/20/12 Mr. Wickman began by explaining his need for the expansion of the home. He continued stating that his extended family is also large and space is needed and that he wants to stay in Madison, however, he and his family have outgrown this home. Mr. Van Lenten began by describing the applicant’s home and the property on which it is located. He utilized a Borough tax map. He then continued by describing the proposed layout of the home. A very large raised concrete pad will be removed along with a shed on the property. A wood framed deck is proposed in place of the concrete pad. The second floor will also be expanded adding one bathroom. The exterior of the home will be re-sided with clapboard. The front and rear elevations will contain several details to give the home an interesting look. Mr. Van Lenten stated that this application would not be a detriment to the community. The lot has a non- conforming width. The property is dry and drywells are not required. There being no further testimony or questions from the Board and 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 was made by Mr. Driscoll 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 Ms. Niculescu. Mr. Cocharan returned to his seat on the Board. CASE NO. Z 12-035 Mohamed Seyam Block: 1601, Lot: 4 38 Central Avenue Applicant is requesting permission to construct a 2½ story dwelling with a detached garage in an R-4 (Single Family Residential) Zone requiring variance relief from the minimum front yard setback, minimum side yard setback (left) and maximum principal building coverage ratio for the principal building and from the minimum rear yard setback and minimum side yard setback for the detached garage and from the minimum side setback for the driveway. At the request of the applicant, this application was carried from the November 29, 2012 meeting to the December 13, 2012 hearing without further notice. B – 1 Letter of Denial from the Borough of Madison dated 9/7/12 A – 1 Plans dated 8-2-12 ZBA Regular Meeting – 12-13-12 3 A – 2 4 photos of the new home next door A – 3 2 photos of existing home Mr. Seyam was sworn in and he began by explaining that he wants to demolish the home at 38 Central Avenue due to the lot being undersized and the home being in disrepair. The proposed home will be energy efficient. The front setback variance is caused by the applicant wanting to keep this home aligned with the other homes in the area. The side yard setback variance is being requested due to the lot being narrow and will affect the aesthetic look of the home. The Building Coverage is being requested due to the lot being non-conforming bringing the coverage to 24.2%. The rear setback is not being encroached upon. He stated the home needs a garage. He believes that the result of this project will be a more aesthetically pleasing home within the neighborhood. There being no further testimony or questions from the Board and 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 was made by Mr. Blair and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mr. Cochran, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, and Mr. Blair 7. NEW BUSINESS CASE NO. Z 12-036 Ed Schreier Block: 4203, Lot: 5 312 Woodland Road Applicant is requesting permission to construct a solid stone wall with light pillars in an R-2 (Single Family Residential) Zone requiring variance relief from the requirements for fences and wall in a front yard. Mike Sidlowski, Landscape Architect, John Baranello, Project Manager and Ed Schreier applicant were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 11/8/12 A – 1 Survey dated 10/5/12 A – 2 5 photos A – 3 Wall detail A – 4 Detail of the front of the wall prepared by Live Oak A – 5 4 photos of various walls on the street Mr. Sidlowski began by explaining the applicant’s use of the property. A hedge exists and is overgrown and protrudes into the driveway. It was removed due to it being a detriment for egress and access to the home’s driveway. ZBA Regular Meeting – 12-13-12 4 The wall is needed to protect the driveway from snowplows and any vehicular accidents. The front yard is used for recreational purposes by his family. This wall will create a safe haven in the front of the home. The wall will contain lighting at each end which will shed light for pedestrians walking in the front of the home. The hardship in this application is the home being close to a very busy road and safety is the number one reason for the need of this wall. There being no further testimony or questions from the Board and 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 was made by Mr. Ciulla and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Ciulla, Mr. Cochran, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, and Mr. Blair NAYS: Mr. Poeter CASE NO. Z 12-037 Sarah Melvin Block: 101, Lot: 11 69 Shadylawn Drive Applicant is requesting permission to construct an unenclosed front porch and 2nd story dormer in an R-3 (Single-Family Residential) Zone requiring variance relief from the minimum front yard setback and minimum side yard setback. Sarah Melvin and Larry Schneider were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 9/5/12 A – 1 Plans dated 4/10/12, consisting of 4 sheets A – 2 Survey dated 3-16-09 A – 3 Marked copy of the survey showing the improvements Ms. Melvin began by explaining why the dormer is needed. She stated that most neighbors on the street have the dormer and the porch. She believes this porch will give the home curb appeal. Also it would be nice to have a porch to use for recreational purposes. The front open porch will have two columns and will not go any further then the steps and will be consistent with the neighbors’ porches. There being no further testimony or questions from the Board and 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 was made by Mr. Poeter and seconded by Mr. Cochran. A roll call vote was requested and recorded as follows: ZBA Regular Meeting – 12-13-12 5 AYES: Mr. Ciulla, Mr. Cochran, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mr. Poeter, and Mr. Blair As announced by Mr. Lami, Mr. Cochran and Mr. Ciulla will be leaving the Board this year. Mr. Lami commended them on their service. 8. OTHER BUSINESS - There was no Other Business this evening. 9. ADJOURNMENT – The meeting was adjourned at 9:30 pm with no motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 12-13-12 6