Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, June 13, 2013 at 7:30 p.m., Hartley Dodge Memorial Building, 50 Kings Road, Madison, N.J 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, June 13, 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, Mike Lami, Susan Niculescu, Carl Hess, and Kyle Wickman EXCUSED: ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE The minutes were distributed to all Board members for their review prior to this meeting. 5. MINUTES FOR APPROVAL - Regular meeting of 05/9/2013 for adoption. The following Resolutions were sent to all Board members for their review prior to this meeting. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. 13-020 - Resolution granting variance application to Nicholas & Audra Stimola, Block: 505, Lot: 27, 2 Burnet Road 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. Minor corrections. A voice vote of aye was heard in approval of this Resolution as corrected. The remainder of the Resolutions had no corrections. A voice vote of aye was heard in approval of the following Resolutions as submitted. ZBA Regular Mtg. 6-13-13 Page 1 CASE NO. Z 13-019 - Resolution granting variance application to Thomas Haralampoudis, Block: 2803, Lot: 2, 10 Maple Avenue 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. CASE NO. Z 13-021 - Resolution granting variance application to Jeffrey & Kris Pfeifer, Block: 3901, Lot: 46, 8 Fen Court 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. CASE NO. Z 13-022- Resolution granting variance application to James & Carolyn Foley, Block: 4402, Lot: 4, 25 Midwood Terrace 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. CASE NO. Z 13-024 - Resolution granting variance application to John & Allyson Aiello, Block: 4601, Lot: 14, 40 Park Lane 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. 7. OLD BUSINESS: 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. Chris Cook was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 3/18/13 A – 1 Architectural Plan prepared by East West Architecture dated 3/13/13 A – 2 Sheet of Photos A – 3 Handout, 4 pages, dated 6/13/13 Mr. Cook began by explaining his application. He described the garage which currently exists. The proposed expansion will widen the existing foundation in the basement to allow for easier movement. The encroachment is by two feet in the front yard. Shrubs will also be installed to ZBA Regular Mtg. 6-13-13 Page 2 make the front aesthetically pleasing. A retaining wall will be installed and moved forward. The two front yards create the hardship. In the rear a post and rail fence no longer exists as a result of the Storm Sandy. A small terrace will be constructed in the rear of the home for exiting from the basement. The proposed deer fencing will be installed behind the existing evergreens. Mr. Hall explained the height restrictions for fencing and Mr. Cook stated the deeer fence would be addressed under a separate application. 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 a revised plan be submitted without the deer fencing. A motion to approve the application as presented was made by Mr.Poeter and seconded by Mr. Lami. 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 8. NEW BUSINESS: CASE NO. Z 13-027 Nicholas Gentile Block: 1102, Lot 10 21 Anthony Drive Applicant is seeking permission to construct a 2nd Story Addition, 1 Story Addition and Expansion of Existing Driveway in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. Nicholas Gentile was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 3/14/13 A – 1 Copy of survey, dated 11/16/12 A – 2 Architectural Plans, dated 2/8/13 Mr. Gentile began by stating that he has lived in Madison most of his life. He purchased the home from his sister after his Mom passed. He proposes to expand the home and keep the existing footprint. He plans to upgrade the plumbing, heating and add several rooms. An existing shed will be removed from the property. The driveway will be shortened due to the addition of the garage, however it will be widened. He stated this addition is consistent with several of the homes in the area. The rear of the home will align with the bump-out that presently exists. A drywell has been designed to accommodate the new home. The exterior will be constructed of hardi-plank. The front open porch was discussed. It was suggested that Mr. Gentile add an overhang for safety and protection from severe weather conditions. It would not need an additional variance provided it complied with the zoning requirments. ZBA Regular Mtg. 6-13-13 Page 3 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 Mr. Lami and seconded by Mrs. DeRosa . 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 13-028 Sara Parker Henderson Block: 3101, Lot: 27 6 Ross Court Applicant is seeking permission to construct a 1 Story Addition and Partial Existing Deck Removal in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Elizabeth Rush, Architect was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 4/5/13 A – 1 Copy of survey, dated 3/26/13 prepared by Benjamin and Wizorek A – 2 Set of plans prepared by Elizabeth Rush, Architect A – 3 Revised Letter of Denial rev. 6/13/13 A – 4 Plan showing proposed 1st floor and elevations Ms. Rush began by describing the addition which will be located in the rear of the home and will replace most of the existing deck. More storage is needed for a growing family. The existing garage is small and has no direct entry to the house. A casual dining area is being requested. The existing house is to the limit of building coverage at 14.7%. The proposed addition will provide an entry to the house from the garage and additional storage for the family. All neighboring homes are in keeping with the proposed addition on this home. 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 Mr. Blair and seconded by Mrs. Driscoll . 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 13-029 Douglas & Louisa Eilender Block: 4206, Lot: 6 91 Prospect Street ZBA Regular Mtg. 6-13-13 Page 4 Applicant is seeking permission to construct a 2nd Story Addition, (2) 1 Story Additions, Canopy over Existing Front Stoop and Replacement of Existing Bay Window in an R-2 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (right), Minimum Side Yard Setback (left), and Maximum Principal Building Coverage. Ms. Cindy Bornerlay, Architect and Douglas Eilender were both sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison, 4/10/13 A - 1 Set of Plans, prepared by Cindy Bornerlay, Architect, dated 3/15/13 A – 2 Handouts, 2 sheets of photos Mr. Eilender began by stating he and his wife have 3 children and want to stay in Madison. A guest room with bath is needed for their aging parents. All of his neighbors agreed with the improvements. He wants to construct the addition in keeping with the existing home. Ms. Bornerlay began by describing the proposed plans for the first floor. She continued by describing the second floor. A new master bedroom suite is planned. Playroom space for the children is planned for the second floor by utilizing one of the existing bedrooms. The majority of the addition is on the second floor. A bay window is planned in place of the bow window. The neighboring homes are very well screened by vegetation on all sides. Both of the side- yard neighbors are corner lots. The home is in keeping with the character of the neighbor- hood. 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 Mr. Poeter and seconded by Mrs Niculescu . 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 13-030 Mark Chiarolanza Block: 707, Lot: 13 186 Greenwood Avenue Applicant is seeking permission to construct a 2nd Story Addition in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback (Overhill Drive) and Maximum Principal Building Coverage. Mark Chiarolanza was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 4/26/13 A – 1 Survey prepared by Bricker and Associates, dated 5/6/13 A – 2 Plans prepared by Vincent Bennonti, Architect, rev. 3/28/12, sealed 4/12/13 ZBA Regular Mtg. 6-13-13 Page 5 Mr. Chiarolanza began by describing what he is planning to do with this addition. The home is planned for 3.5 baths and presently has only 1.5 baths. He stated the front yard setback and bldg. coverage variances are pre-existing. The foundation will not be changed. The home is a ranch on one floor and a second floor is planned for the addition. It will have an overhang of 1.5 feet in the front and back. The family consists of 6 children and his wife, and the additional space and baths are needed to accommodate this large family. Vinyl siding presently exists, and the new addition will be sided to match. A door exists off the kitchen/dining area to access the rear of the home. A slider door exiting to the rear is planned but not noted on the plans. 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. Driscoll and seconded by Mr. Lami. 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 13-031 Sean Flanagan Block: 3001, Lot: 68 12 Academy Road Applicant is seeking permission to construct a deck in an R-3 (Single Family Residential) Zone requiring relief from Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. Mr. Flanagan was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison, dated 2/20/13 A – 1 Survey with existing, 4/7/04 A – 2 Copy of survey marked to show deck A – 3 Sketch of deck with dimensions Mr. Flanagan began by describing the deck and its dimensions. He is proposing the deck for outdoor entertainment for the family. He pointed out that the lot is undersized and a privacy fence surrounds the home. Sliders from the family area will lead onto the deck. An old slate patio in the rear will be removed. Mr. Santoro asked if there are any water problems. The deck will be less than two feet off of the ground. 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 the slate be removed. A motion to approve the application as presented was made by Mrs. DeRosa and seconded by Mr. Lami. 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 ZBA Regular Mtg. 6-13-13 Page 6 9. OTHER BUSINESS: Mr. Hall stated he was on the agenda at the Council Meeting to present the recommendations that were made to the Annual Report by the Zoning Board. He reviewed the recommendations that the Board had made. Mr. Santoro suggests that the Zoning Board interact with Susan Blickstein and other professionals to allow members to be educated in other areas of the zoning and planning processes. 10. ADJOURNMENT: The meeting was adjourned at 10 pm with a motion made by Mr. Poeter and seconded by Mr. Lami. Respectfully Submitted, Lorraine Sola Recording Secretary ZBA Regular Mtg. 6-13-13 Page 7