Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, April 11, 2013 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, April 11, 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 meetings. 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, Ronald Poeter, Mike Lami, Diane Driscoll, Susan Niculescu, and Carl Hess EXCUSED: Kyle Wickman And Timothy Blair ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting of 03/14/2013 for adoption. The minutes were distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or changes made to the Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as submitted. CASE NO. Z 13-005 - Resolution granting variance application to Greg Winsper & Patricia Wyer, Block: 1901, Lot: 13, 20 Grove Street to construct 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from maximum impervious lot coverage. CASE NO. Z 13-007 - Resolution granting variance application to Kiernan & Mary Beth Flanagan, Block: 4303, Lot: 18, 5 Prospect Place 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. 1 ZBA Regular Meeting – 4-11-13 CASE NO. Z 13-008 - Resolution granting variance application to Gregory & Katie Soeder, Block: 4004, Lot: 33, 42 East Lane 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. CASE NO. Z 13-009 - Resolution granting variance application to Michael Krishnan & Lisa Weldon, Block: 506, Lot: 21, 3 Myrtle Avenue 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. CASE NO. Z 13-010 - Resolution granting variance application to Michael Carnese & Lillian Morisi, Block: 1004, Lot: 22, 128 Greenwood Avenue 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. CASE NO. Z 13-012 - Resolution granting variance application to Jason Santoriello, Block: 4001, Lot: 21, 9 West Lane 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. 7. OLD BUSINESS: 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. The applicant was sworn and the following exhibits were marked: B–1 Letter of Denial from the Borough dated 2-11-13 A–1 Plans prepared by John Thomas Collins, Architect A–2 Copy of survey, dated 12-10-12 A–3 Photos, 2 Ms. Marino began stating that her garage is sagging and is ready to collapse. She wants to replace it as a one-story building. She stated there is an existing drywell in the rear near the deck that has the rear leader draining into it. The land is sloped allowing any water to drain into the drywell. The garage will be widened by 3 feet and will go back 8 feet to allow for storage. Landscaping will be installed along the driveway. It will have one single door. The entrance will face north. The driveway will be modified allowing a decrease in impervious coverage. 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. A motion to approve the application was made by Mr. Lami and seconded by Ms. Niculescu . A roll call was requested and recorded as follows: 2 ZBA Regular Meeting – 4-11-13 AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess 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. James Weber, attorney began by describing the application and what the applicant is attempting to accomplish. He stated that the property is small which causes the hardship. B – 1 Letter of Denial from the Borough dated 2-12-13 rev. 2-15-13 A – 1 Colored sheet prepared by the Architect, J. Costanin A – 2 Copy of survey, dated 1-6-10 prepared by Benjamin and Wizorek A – 3 Architectural Plans A – 4 Photo board Mr. Weber described the setbacks that are being requested. He stated the rear yard has no residential structures. The roof height will be maintained on the addition. The home design will be consistent with other homes in the neighborhood. Erin Egan, applicant was sworn in and Mr. Weber began his questioning. Mrs. Egan stated the she and her husband want to refurbish the home with modern amenities. They have three children who live with them. Mrs. Egan continued by describing the layout of the first floor. The second story has a third bedroom which is very small. A garage is attached with no entrance from the home. She plans to keep the front of the home as is, and expand the kitchen in the rear. Their goal is to keep the character of the home the same those neighboring homes. She stated that Kevin Page Engineering has been working with them. There were no questions for this witness from the public or the Board. The next witness, Joseph Costantin, Architect was questioned by Mr. Weber. He stated that he is familiar with the Ordinances of the Borough of Madison. He worked with a Civil Engineer to clear up the issue of the limited lot size and how to keep the integrity of the neighborhood. The addition will not be visible from the street. An asphalt roof will replace the slate roof that presently exists. There were no further questions from the Board or the public. Catherine Mueller, of Page Engineering was sworn in and began her testimony. Her credentials were qualified by Mr. Weber. She began by reviewing the site and its location. She stated that the land slopes down to the railroad tracks and will continue to do so. The leaders and gutters drain to a drywell system in the rear and the new addition and garage will also drain into this system. Ms. Mueller stated that the drywell that presently exists is oversize, however, calculations will be done to insure that this drywell will accommodate the new addition and garage. There being no further testimony or questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the condition that the entire roof drains into the existing drywell and the stone area in the rear yard be increased. A motion to approve the application was made by Mr. Lami and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess 3 ZBA Regular Meeting – 4-11-13 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. This application was started on March 14, 2013 but not concluded. Carlotta Budd, attorney and Rusty Schommer, Engineer were sworn in at the March meeting and the following exhibits were marked this evening: A – 4 Revised Plan dated 3-26-13 A – 5 Colored rendering of a similar plan Mr. Schommer began by reviewing the changes that were made to the patio. It was reduced by 361 sf. Also a collection system is planned to have the water drain into a drywell behind the patio. An additional drywell is planned to collect water from the house. Another drywell will be installed for the runoff from the driveway. The impervious coverage is now reduced down to 30% from 31.7%. The patio will be bluestone, dry laid installed. Mr. Schommer stated there will be less runoff when his proposed plan is instituted. A wood deck was added and is not counted in the impervious coverage. Ms. Budd stated that Mr. Schommer’s testimony is complete. There were no further questions from the Board. The public was now 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 was made by Mr. Lami and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess 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. At the request of the applicant this application has been withdrawn without prejudice. 8. NEW BUSINESS: CASE NO . Z 13-015 Stephen Maeske Block: 4201, Lot: 19 325 Woodland Road Applicant is seeking permission to construct a detached 2-Car Garage, Existing Driveway and Wall Modifications and Exterior Stairs in an R-2 (Single-Family Residential) Zone requiring relief from maximum accessory structure height. The applicant was sworn in along with his architect, Mr. Brian Segal, and the following exhibits were marked: 4 ZBA Regular Meeting – 4-11-13 B–1 Letter of Denial from the Borough dated 2-12-13 A–1 Topographic Sheet prepared by Yannacone, Villa and Aldridge, dated 6-15-04, rev. 1-29-13 A–2 Plans dated 2-5-13 prepared by Segal Architects A–3 Height Calculations prepared by Yannacone, Villa & Aldridge A–4 Photo board of streetscape A–5 Conceptual perspective and view of the side porch, 2 sheets, dated 11-16-12 Mr. Segal began by describing the property and what has occurred in the past years. The home has no garage, with most of the neighboring homes having a garage. The applicant would like a garage for his vehicles and some storage. Mr. Segal continued by describing the proposed garage which will have 3 bays. It will be constructed of cedar shakes to match the main house. It will have a hip roof. The height of the front where the doors are planned will be 18 feet and the height of the roof will increase going back to the rear. The driveway will be constructed of pavers. A neighborhood analysis was performed on homes 200 feet from the applicant’s home. Mr. Segal reviewed this analysis depicting each individual home that has a garage, either 1, 2 or 3 cars. The impervious coverage has been decreased. The applicant agreed to remove the shed in the rear. The 5 foot cupola gives an ornamental effect to the architecture and is historically correct. A drywell collection system will also be installed. The Board had several questions regarding the height of the proposed building. There being no further testimony, or questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition the shed be removed. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess CASE NO. Z 13-016 John & Susan Egan Block: 4201, Lot: 8 45 Crescent Road Applicants are seeking permission to construct a 2-Car detached Garage in an R-2 (Single-Family Residential) Zone requiring relief from maximum impervious lot coverage and maximum accessory structure height. The applicants were sworn in along with their architect, Steve Majewsi and the following exhibits were marked: B – 1 Letter of Denial from the Borough dated 12-21-12, rev. 1-28-13 A – 1 Plans prepared by Majewski Jones Architects, dated 2-20-13, 2 sheets A – 2 Photo board A – 3 Revised Plan by Majewski Jones, dated 4-10-13 A – 4 Additional photo of the shed Mr. Egan began by explaining that there are four cars in the family at present and that a garage is sorely needed to take the cars off of the street and away from the front of the house. Mr. Santoro asked that the architect concentrate on the impervious coverage. He stated that the garage structure will be shifted 4 feet towards the rear. A new plan is available and he distributed it to the Board. He explained the differences between the two plans. 5 ZBA Regular Meeting – 4-11-13 Mr. Majewski stated he had worked on this home in the past. He continued by describing the home and the reasoning for the location of the garage. He distributed copies of A -2, Photo Board to the Board for their review. The garage will be located on the side of the gate and hedgerow. The applicant did consider utilizing the area where the shed exists, however, it was decided not to do so, and will be kept for storage. There is no curbing, and parking on the street is limited due to a stop sign which exists. A drywell presently exists and will accommodate the roof of the garage. Mr. Majewski stated that he is attempting to keep the architecture of the garage to conform to the home. The roof is a hip design and matches the roofs on the home. The Board had several questions, ie. water and drainage. The applicant stated there are no water problems on the property. There being no further testimony or questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by S. Niculescu and seconded by Mike Lami. 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 Board took a break at 9:54 and returned at 10:00 pm CASE NO. Z 13-017 Hamid A. Hadim & Kahina Lasfer Block: 3702, Lot: 8 48 Maple Avenue Applicants are seeking permission to construct a 1 Story Addition, Brick Paver Patio, Retaining Wall and Removal of Existing Concrete Walkway and Patio 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 dated 2-20-13 A – 1 Plot Plan dated 2-20-13, rev A – 2 Architectural Plan, dated 3-10-13 prepared by Andrew Clarke Hamid Hamid and Kahina Lasfer, Bogean Szacacillo, Architect were sworn in and the applicant began by explaining the reason for the addition. The kitchen that presently exists is too small and not functional. The impervious coverage is being reduced. The addition faces the rear of the property not impacting the view from the street or either neighbors. Mr. Szacacillo also commented that the applicant is attempting to improve the property. A retaining wall is being proposed to re-grade and allow for more grassy area in the rear. The height of the wall will not be any higher than 4 feet. A fence will be installed for safety. The applicant stated that the trees that presently exist will be kept if the Board requires them to do so. Mr. Hadim stated that he is only adding 140 sf and drywells are not required. Mr. Santoro pointed out a leader on the home and asked how this would be handled. There being no further testimony or questions from the Board or 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. Lami and seconded by Mrs. Niculescu . A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess 6 ZBA Regular Meeting – 4-11-13 CASE NO. Z 13-018 Alison & George Karounis Block: 1102, Lot: 7 4 Wayne Boulevard Applicants are seeking permission to construct a 2nd Story Addition, Attached Garage and Modification of Existing Driveway in an R-3 (Single-Family Residential) Zone requiring relief from minimum front yard setback and maximum principle building coverage. The applicant and Alan Andreas, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough dated 1-28-13 A – 1 Copy of survey dated 7-12-07 A – 2 Plans dated 2-3-12, rev. 2-25-13, prepared by Alan Andreas Mr. Andreas began by describing the variances that are being requested. He continued by addressing the front yard setback. The applicants’ setback is established at 30 feet, where other homes are 29. The existing portico structure is requiring a variance. The lot is undersized and is non-conforming which causes the hardship. Open Space exists in the immediate area. Mr. Santoro suggested that the applicant work with the Borough Engineer due to that area being wet. The roof leaders drain into the rear yard. Mr. Andreas stated the driveway will be pitched to allow the water to drain to the street. There being no further testimony or questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mr. Poeter and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess CASE NO. 13-020 Nicholas & Audra Stimola Block: 505, Lot: 27 2 Burnet Road Applicants are seeking permission to construct a 1 Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from minimum rear yard setback, maximum principle building coverage and maximum impervious lot coverage. Carried to the next meeting scheduled for May 12, 2013. 9. OTHER BUSINESS – 2012 Annual Zoning Report Mrs. Niculescu stated at the last meeting she was concerned with the porch issue in that after a porch is constructed, an applicant can enclose it. Mr. Hall explained what can be done to keep this from happening and this usually occurs more with rear porches than front porches. This can be mitigated by specific wording to be used in the Borough Ordinances. Side yard setbacks were also discussed. Discussions continued regarding the other items contained on the Annual Report. A motion to adopt the Annual Report with the changes recommended was made by Mr. Hess and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess 7 ZBA Regular Meeting – 4-11-13 10. ADJOURNMENT: The Board adjourned the meeting at 11:05 pm with a motion made by Mr. Lami and seconded by Mr. Poeter. Respectfully submitted Lorraine Sola Recording Secretary 8 ZBA Regular Meeting – 4-11-13