Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, March 14, 2013 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, March 14, 2013 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, NJ. Joseph Santoro, Chairperson opened the meeting and requested the reading of the public meeting 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 10, 2013, the Board, by resolution adopted a schedule of meeting. On January 11, 2013, a copy of the schedule of meetings was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial Building, 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, Diane Driscoll, Ronald Poeter, Mike Lami, Timothy Blair, Susan Niculescu, and Carl Hess EXCUSED: Kyle Wickman ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL Regular meeting of 02/14/13 for adoption. There were numerous corrections which consisted of words that ran into each other. Also a sentence was restructured. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as corrected. 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. CASE NO. Z 13-001 - Resolution granting variance application to Victor Belkowski, Block: 2102, Lot: 12, 34 Rosedale Avenue to construct a New Single Family Dwelling in an R-2 (Single- Family Residential) Zone requiring variance relief from the minimum side yard setback and maximum principal building coverage. There was one minor correction to this Resolution made to this Resolution. The remaining two Resolutions had no corrections. CASE NO. Z 13-002 - Resolution granting variance application to Mark Sheeleigh, Block: 4804, Lot: 11, 32 Barnsdale Road to construct a Front Entry, 2 Story Addition and Covered Porch in 1 ZBA Regular Meeting 3-14-13 an R-2(Single-Family Residential) Zone requiring relief from minimum rear yard setback (right), maximum principal building coverage and maximum impervious lot coverage. NC CASE NO. Z 13-006 - Resolution granting variance application to Elias Cagiannos & Lara Aumento, Block: 3904, Lot: 20, 87 Woodland Road to construct a 2 Story Addition, 2nd Story Addition and Bluestone Patio with fire pit in an R-2 (Single-Family Residential) Zone (Corner Lot) requiring relief from minimum front yard setback(Norman Circle), minimum rear yard setback and maximum principal building coverage. 7. OLD BUSINESS: CASE NO. Z 13-007 Kiernan & Mary Beth Flanagan Block: 4303, Lot: 18 5 Prospect Place Applicants are requesting permission to construct a 2 ½ Story Addition, Deck, and make Driveway Modifications in an R-3 (Single-Family Residential) Zone requiring relief from maximum principal building coverage and maximum impervious lot coverage. B–1 Letter of Denial from the Borough of Madison, dated 1/16/13 A–1 Set of plans, Michael Steve Pedeski, PC, 10 sheets, dated 8/12/12 A–2 Survey attached to the application form, dated 7/6/12 A–3 Photo sheets, 3 pages Mr. Flanagan began by stating he is representing himself and will give the overview for this application due to his being in the construction field. He stated that the family has grown and his in-laws visit on numerous occasions during the year. The addition will allow a guest room for the family. He continued by describing the proposed addition which will be constructed over the existing deck which will be removed. The rear yard is sloping, and pie-shaped, a shed in the rear will be removed which will reduce the impervious coverage. The entrance to the garage is located in the rear of the home. A drywell presently exists in the rear with all the leaders running into this drywell. The building footprint is not increased with this addition. The structure is 2 ½ stories and some sheer strength and girders will be added to carry the load. Mr. Santoro asked if Mr. Flanagan has an engineer involved with this plan. Mr. Flanagan stated that he has his engineer and an architect involved in the planning process. A carport is planned for the rear where the deck presently exists. The new roof peak is 34.62 feet. The exterior of the home will match that which presently exists which is vinyl cedar. Mr. Flanagan stated that the gables were added to offset the visual look of the addition so it would not give a boxy appearance. There were no further questions from the Board. The public was now given the opportunity to either question the applicant or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the condition that the space under the addition not be enclosed. A motion to approve the application was made by Mr. Lami and seconded by Mrs. Niculescu. A roll call was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, and Mr. Santoro 2 ZBA Regular Meeting 3-14-13 CASE NO. Z 13-008 Gregory & Katie Soeder Block: 4004, Lot: 33 42 East Lane Applicant is requesting permission to construct a Blue Stone Patio with Outdoor Kitchen, (2) Pergolas, Fireplace and Seat Wall in an R-2 (Single-Family Residential) Zone requiring relief from maximum impervious coverage. Gregory Soeder, applicant and Matthew Rusk, Contractor were sworn in and the following exhibits were marked: B–1 Letter of Denial from the 12/17/12 A–1 Copy of survey prepared by Nesti Survey, 6/18/03 A–2 Sketches prepared by Matthew Rusk, Contractor, dated 11/7/12 A–3 Coverage Calculation Plan, Eureka Engineering, dated 12/12 A–4 Plan of the rear prepared by Matthew Rusk, Contractor Mr. Rusk began by explaining the reason for the enhancements to the property. The existing walkway was removed, plantings and the hot tub with pad, will also be removed. The impervious coverage presently is 30.4% and will be reduced to 30.1%. The rear yard presently has no water problems. The runoff from the patio will drain into the existing planting beds. The drains from the home in the rear presently run into a drywell. The applicant is willing to install a drywell to tie in all the drains if needed to reduce the impervious coverage. There is a sump pump, however, it has never run as explained by the applicant. There being no further questions from the Board, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application with the condition that all of the drains from the roof and will go into the drywell was made by Mr. Blair and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, and Mr. Santoro CASE NO. Z 13-003 Anthony & Jennifer Gero, III Block: 502, Lot: 14 63 Myrtle Avenue Applicants are requesting permission to construct a 2-1/2 Story New Dwelling in an R-3 (Single –Family Residential) Zone requiring relief from minimum side yard setback (right), minimum side yard setback (left) and maximum principal building coverage. This application was started on February 14, 2013 but not concluded. Revised plans have not been received; this item will be carried to the April 11, 2013 meeting. CASE NO. Z 13-005 Greg Winsper & Patricia Wyer Block: 1901, Lot: 13 20 Grove Street Applicants are requesting permission to construct 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from maximum impervious lot coverage. This application was started on February 14, 2013 but not concluded. 3 ZBA Regular Meeting 3-14-13 Mr. Andrew Clarke, Licensed Engineer and Planner was sworn in. The applicants were sworn in at a prior meeting in February. Mr. Santoro explained why an engineer was needed in this application. Mr. Clarke, distributed a copy of a letter to the Board. He reviewed what he observed at the site and gave his recommendations through an engineering perspective. He suggested the removal of the patio and the installation of a drywell system to further reduce the impervious coverage. He agreed that there is no storm-water management on this property, however, during his survey; he found no evidence of water problems. Mr. Clarke discussed other water management systems that are available which would be less expensive to the applicant, ie. soak pit Mr. Lami asked if there is a way a few of the leader drains from the home can be emptied into a soak/infiltration pit. Mr. Santoro asked if Mr. Clarke would propose a solution and the Board can vote on it. Mr. Clarke suggested taking the two back rear leaders on the left and let them drain into a Soak/infiltration pit. The Board agreed upon this recommendation. A – 4 Letter from Mr. Clarke, dated 3/12/13 There being no further questions from the Board or the public, they began their deliberation. The consensus of the Board was to approve the resolution to the water problem as suggested by Mr. Clarke, Engineer. A motion to approve the application with the condition “taking the two back leaders on the left and let them drain into a soak/filtration pit as reviewed by the Borough Engineer” was made by Mr. Blair and seconded by Mr Lami. A voice vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, and Mr. Santoro 8. NEW BUSINESS: CASE NO. Z 13-009 Michael Krishnan & Lissa Weldon Block: 506, Lot: 21 3 Myrtle Avenue Applicants are requesting permission to construct a 2nd Story Addition, 1st Story Addition and Deck in an R-3 (Single-Family Residential) Zone requiring relief from minimum side yard setback (left), maximum principal building coverage and maximum impervious lot coverage. The applicants and the architect, Mr. Greg Erezuma were sworn in and the following exhibits were marked: B–1 Letter of Denial from the Borough of Madison dated 1/24/13 A–1 Survey dated 4/14/06 A–2 Plans prepared by Mr. Craig Erezuma, Architect, 1/10/13 A–3 Two photos of the house A–4 Side/front photo Mr. Tim Blair left his position from the Board. Mr. Erezuma began by stating the lot is undersized by half and causes a hardship. The home has one full bath, it has only two functional bedrooms, bedroom #3 are only 7 feet and is hard to 4 ZBA Regular Meeting 3-14-13 utilize as a bedroom. A portion of that bedroom was taken to make a bathroom. There is no storage/closet space. The first floor will be reorganized and squared off to allow for a better and easier flow. A deck is also planned with a pad to step down on while exiting the deck. Mr. Erezuma does not believe there are any water problems in the rear. A drywell is not required based upon the size of this addition. There being no further questions from the Board, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application with the condition that all of the drains from the roof be directed away from the house, was made by Mr. Lami and seconded by Mrs. Niculescu. A roll call was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. Mr. Blair returned to his position on the Board. CASE NO. Z 13-010 Michael Carnese & Lillian Morisi Block: 1004, Lot: 22 128 Greenwood Avenue Applicants are requesting permission to construct a 2-1/2 Story Addition, Basement Access Door, (2) Air Conditioning Units, Partial Removal of Existing Dwelling and Removal of Existing Deck and Walk in an R-3 (Single-Family Residential) Zone requiring relief from maximum impervious lot coverage. B – 1 Letter of Denial from the Borough, 7/3/12 revised 1/21/13 A – 1 Plans prepared by ASA Architects, rev. 1/21/13, 3 sheets Mr. Carnese and Alan Andreas, Architect were sworn in and Mr. Andreas began by describing the proposed addition. The driveway is the cause of the increase in the impervious coverage. At present, water from the roof leaders is not being captured. The addition will increase the impervious coverage from 30.1% to 34.6%. The concrete walk in the rear will be removed decreasing .98% of the impervious coverage. The driveway will be realigned and straightened also reducing the impervious coverage by 1.3%. The new impervious coverage will be 34.7%. There are presently leaders off the rear of the home. The water from all the new structure will be captured and brought into a drywell just by the nature of the design. The front left leader will also be captured by the drywell. Mr. Carnese disagrees with the left front leader issue. He stated it flows into the front lawn. Mr. Carnese stated he is a geologist and believes that the water in the front does percolate into the lawn. There being no further questions from the Board, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application has proposed. A motion to approve the application with the condition that the additional roof area drains into the drywell was made by Mr. Poeter and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: 5 ZBA Regular Meeting 3-14-13 AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, and Mr. Santoro CASE NO. Z 13-011 Peter & Janet Antico Block: 3803, Lot: 36 40 Pomeroy Road Applicants are requesting permission to construct a Blue Stone Patio, Retaining Walls, Stepping Stone Walkway, Fire Place and Grill in an R-2 (Single-Family Residential) Zone requiring relief from maximum impervious coverage. Peter and Janet Antico, Richard Schommer, Engineer was sworn in and the following exhibits were marked: B–1 Letter of Denial from the Borough of Madison dated 12/20/12 A–1 Topographic Survey dated 10/9/12 A–2 Variance Plan prepared by Schommer Engineering, dated 11/30/12 A–3 rendering of Plan enlarged and colorized Carla Budd, attorney questioned the applicants as to what presently exists in the rear. Mrs. Antico stated it is unsafe for the children to play. The rear yard slopes down and is adjoined by woods. Mr. Schommer began by using the rendering to describe the property and where the patio will be located. He explained the home is surrounded on two sides by the Borough property. He stated neighbors will not be impacted by the proposed patio. The patio will be dried laid. There will be no other expansion of the home. The house size is conforming. The addition of the patio is an appropriate addition to the home. These amenities will make for a better and safe living space for the family. This will Increase the impervious coverage by 12.78%, however, is located on an oversized lot. Mr. Santoro asked how this home was constructed with the impervious coverage overage. The applicants purchased the home new from a contractor as it exists. The driveway is 2,985 ft. and all the roof leaders are connected in the rear. The back section of the property runoff dissipates into the land. The applicant agreed that if necessary, an additional drywell will be installed. Mr. Schommer agreed that an additional drywell would be needed. Mr. Antico explained that the recent rain storm took down many trees in the rear. The proposed level area would be more assessable for family members. The wall around the patio will be a seating wall and would retain water, allowing the water to infiltrate in that area. There will be a second retaining wall to create another level with lawn. A drywell is just beyond that second retaining wall. The patio is 1030 s.f. and Mr. Santoro asked if the patio size can be reduced. Both walls will have some type of barrier, ie. fence at 30 inches in height. The overall drainage pattern is to the north which is the Borough property. The applicant is willing to cut down the patio by 10 feet. Mr. Santoro proposed that the applicant return with a plan showing how to control the runoff from the patio area at the next regular meeting scheduled for April 11, 2013. CASE NO. Z 13-012 Jason Santoriello Block: 4001, Lot: 21 9 West Lane 6 ZBA Regular Meeting 3-14-13 Applicant is requesting permission to construct a 2nd Story Deck with Waterproof Membrane System, Ground Level Deck, Stone Patio in Sand with Fire-pit, Seat Walls and BBQ in an R-2 (Single-Family Residential) Zone requiring relief from maximum principal building coverage and maximum impervious lot coverage. Mr. Santoriello, applicant and Matthew Rusk, Contractor were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough dated 2/14/13 A – 1 Copy of survey, prepared by Benjamin & Wizorek, dated 4/28/03 A – 2 Site Plan, prepared by Ryan Stratton, Landscape Architect Mr. Rusk began by describing the home which has a walkout basement, a patio, a driveway in the rear of the property. The water has a membrane and runs into a drywell. The deck is over 400 s.f. and requires a drywell. A bluestone patio presently exists. The fire pit area is increasing the impervious coverage. The concrete patio is being removed and a dry laid bluestone patio will be installed. The yard will be leveled off which will allow all the water to be captured by the drywell. There is a pipe on the applicant’s property that goes onto the 49 Pomeroy Road property. Numerous plantings will be installed which will also aid in capturing some of the water. Mr. Santoro asked if it is possible to remove 300 feet of the patio. The applicant agreed to reduce the size of the patio 100 feet which would result in a decrease in the impervious coverage. The deck is 19 x 18 feet and it was suggested to reduce the size of the deck. The Board made their suggestions to the applicant. The Board approved the application with the condition that the applicant reduce the patio down to 5,790 s.f. and tie the water runoff to the drywells. A revised plan will be submitted to the Borough Engineer and Board. There being no further questions from the Board, the Board agreed the conditions discussed. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, and Mr. Santoro CASE NO. Z 13-013 Kristine Marino Block: 3904, Lot: 19 31 Norman Circle Applicant is seeking permission to construct an Attached 1 Story Garage, and Modifications to Existing Driveway in an R-2 (Single-Family Residential) Zone requiring relief from minimum side yard setback (left), maximum principal building coverage and maximum impervious lot coverage. Carried to the next meeting scheduled for 4/11/13. CASE NO. Z 13-014 Patrick & Erin Egan Block: 3904, Lot: 15 19 Norman Circle Applicants are requesting permission to construct a 2nd Story Addition, Paver Patio and Walkway in an R-2 (Single-Family Residential) Zone requiring relief from minimum rear yard setback, minimum side yard setback (left), maximum principal building coverage and maximum impervious lot coverage. Carried to the next meeting scheduled for 4/11/13. 7 ZBA Regular Meeting 3-14-13 9. OTHER BUSINESS - 2012 Annual Report Gary Hall prepared a Draft Resolution for the Annual Report. It contained the recommendations by the Board and then will be submitted to the Planning Board. Mrs. Niculescu questioned the porch issue. A brief discussion took place regarding this issue. Gary has included that issue in his recommendations. The Annual Report was tabled. 10. ADJOURNMENT: The meeting was adjourned at 11:38 pm with no motions. Respectfully submitted, Lorraine Sola Recording Secretary 8 ZBA Regular Meeting 3-14-13