Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, May 9, 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, May 9, 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, Diane Driscoll, and Timothy Blair EXCUSED: Mike Lami, Susan Niculescu, Carl Hess, and Kyle Wickman ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting of 04/11/2013 for adoption. There were several corrections to be made to the minutes. 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. There were no corrections to these Resolutions. A voice vote of aye was heard in approval of the Resolutions from all eligible voting Board members. CASE NO. Z 13-013 - Resolution granting variance application to Kristine Marino, Block: 3904, Lot: 19, 31 Norman Circle 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. CASE NO. Z 13-014 - Resolution granting variance application to Patrick & Erin Egan Block: 3904, Lot: 15, 19 Norman Circle 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. ZBA Regular Meeting – 5-9-13 Page 1 CASE NO. Z 13-011 - Resolution granting variance application to Peter & Janet Antico Block: 3803, Lot: 36, 40 Pomeroy Road 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. CASE NO. Z 13-015 - Resolution granting variance application to Stephen Maeske, Block: 4201, Lot: 19, 325 Woodland Road 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. CASE NO. Z 13-016 - Resolution granting variance application to John & Susan Egan, Block: 4201, Lot: 8, 45 Crescent Road 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. CASE NO. Z 13-017 - Resolution granting variance application to Hamid A. Hadim & Kahina Lasfer, Block: 3702, Lot: 8, 48 Maple Avenue 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. CASE NO. Z 13-018 - Resolution granting variance application to Alison & George Karounis, Block: 1102, Lot: 7, 4 Wayne Boulevard 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. 7. OLD BUSINESS: 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. This application was not reached at the April 11, 2013 ZBOA meeting and carried without further notice. B–1 Letter of Denial 3-6-13 rev... 4-10-13 A–1 Site Plan and Zoning Data – dated 1-31-13 by Lorenzo Francina & Associates A–2 Survey dated 3-7-11 prepared by Benjamin and Wizorek A–3 2 Sheets of Construction Plans prepared by Lorenzo Francina & Associates dated 1-31-13 A – 4 Photos of the interior of the home (3) Audra Stimola was sworn in and began by explaining the reason for the expansion of her home. The kitchen is small and the family room is not visible from the kitchen where her son plays. The dining room is adjacent to the bedrooms and the plan involves realigning the dining room away from the bedrooms to allow for a better flow of the home. ZBA Regular Meeting – 5-9-13 Page 2 Ferraro Engineering was contacted and visited the home to inspect for any water issues on the property. Ferraro Engineering stated that a drywell is not necessary on the site. Mrs. Stimola stated that there has not been any water issues on the site. There being no further questions from the Board, the public was given the opportunity to either question or make comments regarding this application as follows: Thomas Root, 57 Canterbury Road, was very happy with the plans. However, he has drainage problems on his property. He would appreciate the applicant installing a drywell on their property as identified by the Borough Engineer according to his specifications. There being no further comments from the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that a drywell be installed in the rear according to the Borough Engineer’s specifications. 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: Mrs. DeRosa, Mr. Blair, Mrs. Driscoll, Mr. Poeter, and Mr. Santoro. 8. NEW BUSINESS: CASE NO. Z 13-019 Thomas Haralampoudis Block: 2803, Lot: 2 10 Maple Avenue Applicant is seeking permission to construct a 6 foot high solid fence with gates, relocation of existing shed, Brick paver patio, brick paver parking area, and stepping stone walkway in an R-3 (Single-Family Residential) Zone requiring relief from maximum height of the fence and maximum impervious lot coverage. The following exhibits were marked: B – 1 Letter of Denial from the Borough dated 2-14-13 A – 1 Sub-division Plan prepared by Andrew Clarke, dated 2-28-12, modifications showing changes Mr. Haralampoudis was sworn in and began by stating he purchased this home from the Borough and his plans were issued by the Borough. The variances were supposed to be obtained by the Borough; however, Mr. Haralampoudis has taken the responsibility to do so. He plans to relocate the shed in the rear. All paved areas including the landing were installed by the Borough. The home is bordered by a parking lot on the left side and rear. The fence will be installed on the left and right sides, and it will stand 6 feet in height. It will be comprised of plastic. There are drains that are emitting water which is being captured by the sewers and were installed by the Borough. There being no further questions from the Board or the public, the Board gave the public the opportunity to make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that both concrete slabs be removed. A motion to approve the application as presented was made by Mrs. DeRosa and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: ZBA Regular Meeting – 5-9-13 Page 3 AYE: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter and Mr. Santoro CASE NO. Z 13-021 Jeffrey & Kris Pfeifer Block: 3901, Lot: 46 8 Fen Court Applicants are seeking permission to construct a Vertical Expansion of Existing 2 Story Portion of Dwelling, 2nd Story, Deck and Roof over existing Front Porch in an R-3 (Single-Family Residential) Zone requiring relief from minimum rear yard setback and minimum front yard setback. Jeff and Kris Pfeifer and Craig Erezuma, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough dated 3-13-13 A – 1 Plans prepared by Craig Erezuma, Architect, dated 3-12-13 Mr. Erezuma began by explaining the reason for the proposed plan. The addition will be located in the rear of the home totaling 8 feet. The proposed deck will be 12 feet; the existing deck is 16 feet. Mr. Erezuma continued by describing the variances that are being requested and the reason for these variances. He stated that a hat-type addition is being proposed above the roof. A dormer already exists. He believes this type of addition will beautify the home and give it balance. A one and a two-story addition are being proposed. The second floor variance is being requested for a minimal corner. The ground level footprint is being expanded by 8 feet in the rear. Mr. Erezuma stated he has attempted to keep the building coverage down. There being no further questions from the Board or the public, the Board gave the public the opportunity to make comments. There being none, 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 Mrs. DeRosa and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYE: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter and Mr. Santoro CASE NO. Z 13-022 James & Carolyn Foley Block: 4402, Lot: 4 25 Midwood Terrace Applicants are seeking permission to construct a 2nd Story Addition, 1 Story Addition, 2 Story Addition and Roof Canopy over Existing Stoop/Steps in an R-1 (Single-Family Residential) Zone requiring relief from minimum side yard setback (right) and maximum impervious lot coverage. Carolyn Foley was sworn in along with her Architect, Nick Bensley. The following exhibits were marked: B – 1 Letter of Denial from the Borough dated 3-14-13 A – 1 Plans prepared by Nick Bensley, Architect dated 3-13-13 A – 2 Set of photos, 4 sheets, plan sheet included ZBA Regular Meeting – 5-9-13 Page 4 Mrs. Foley began by explaining that the home needs an updating considering her growing family. Only one bathroom exists for the family. Mr. Bensley began by stating the lot size is 2 acres. The neighborhood consists of large sized homes on large lots. This lot was 4 acres and was split down to 2 acres, where the house presently is situated. Mr. Bensley continued by describing the property, the home being a gambrel type, it has a one- story garage; a pool also is located in the rear of the property. A library exists, but is not used due to the need for additional heating. The garage is very small and cannot accommodate the two SUVs that the applicants own. The home has no functional basement, it is a cellar, however, Mr. Bensley stated it can be utilized as a gym after it is renovated. He continued by describing the remainder of the home. He also wants to enhance the front and sides of the home allowing some design to break up the massive look and give it more scale and character. An additional 400 sf will be added to the driveway. A drywell will be installed to catch any runoff. James Foley arrived and was sworn in. The discussion continued with regard to whether there are any water issues on site. The applicant stated there were none. The garage presently stands on a slab; however, new doors will be installed. There is an abundance of vegetation and trees which screen the home from its neighbors. There being no further questions from the Board or the public, the Board gave the public to make comments. There being none, 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. Poeter and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYE: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter and Mr. Santoro CASE NO. Z 13-023 Chris & Teressa Cook Block: 4903, Lot: 14 41 Dellwood Drive Applicants are seeking permission to construct a 1 Story Addition with Terrace, Retaining Wall and Driveway Expansion in an R-1(Single-Family Residential) Zone requiring relief from minimum front yard setback. This application will be carried to the next regular scheduled meeting on June 13, 2013. CASE NO. Z 13-024 John & Allyson Aiello Block: 4601, Lot: 14 40 Park Lane Applicants are seeking permission to construct a 1 Story Addition, 2-Level Stone Patio, Relocation of Existing Fence and Removal of Existing In-Ground Pool in an R-1 (Single-Family Residential) Zone requiring relief from maximum principal building coverage and maximum impervious lot coverage. Allyson Aiello and Jerry Lane, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough dated 3-21-13 A – 1 Set of Plans dated 3-21-13 A – 2 Rendering prepared by Jerry Lane, Architect ZBA Regular Meeting – 5-9-13 Page 5 A – 3 Survey dated 12-8-12 Mr. Lane began by stating the home was built in 1968. He described the first floor plan which houses a living room and dining room. To reach the family room, you must walk through the dining room. The plan proposes to move the kitchen to the rear and realign the interior of the home to allow a better flow. The pool in the rear will be removed and a patio will be constructed in its place. The lot coverage will be reduced as a result of the removal of the pool. A wood fence presently exists and it will be moved approximately 4 feet to the rear. The chain-link fence will be kept. Mr. Hall stated the Ordinance states it has to be located along the property line and it should be 6 feet in height. There being no further questions from the Board. The public was given the opportunity 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 with the condition that the fence be conforming to the Borough Ordinance. A motion to approve the application as presented was made by Mr. Poeter and seconded by Mrs. DeRosa . A roll call vote was requested and recorded as follows: AYE: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mr. Poeter and Mr. Santoro CASE NO. Z 13-026 Vincent & Alison Conti Block: 913, Lot: 7 71 Valley Road Applicants are seeking permission to replace/construct a 6 foot high solid privacy fence in an R- 3 (Single-Family Residential) Zone requiring relief from maximum height of the fence. Vince and Alison Conti were sworn in and the following exhibits were marked: B –s 1 Letter of Denial from the Borough dated 4-1-13 A – 1 Survey dated 8-20-08 A – 2 4 photos 3&4 Mr. Conti proposed a non-conforming six foot high fence. He stated that the fence was installed for privacy and to keep the shed secure viewed from the street and also to hide the trash cans. The fence was installed before the applicants purchased the home. It is also needed to keep the children safe from the street. The Board conferred that the reasons proposed do not sufficiently justify relief from the Ordinance. The applicant withdrew their application. 9. OTHER BUSINESS: Mr. Hall explained to the Board members the reason for the Special Meeting planned for Thursday, June 27, 2013. He stated that he had a conflict of interest and Vince Loughlin will sit as Board attorney at this meeting. ZBA Regular Meeting – 5-9-13 Page 6 A roll call vote from the Board in approval of this meeting with motions made by Mr. Santoro and Mr. Poeter, was requested and recorded as follows: AYE: Mrs. DeRosa, Mr. Santoro, Mr. Poeter, Mr. Blair and Mrs. Driscoll 10. ADJOURNMENT : The meeting was adjourned at 10 pm. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 5-9-13 Page 7