Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, July 11, 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, July 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, Diane Driscoll, and Timothy Blair, Susan Niculescu, and Carl Hess, EXCUSED: Mike Lami and Kyle Wickman 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 06/13/2013 with corrections discussed this evening. The following Resolutions were sent to all Board members for their review prior to this meeting. ZBA Regular Mtg. 7-11-13 Page 1 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 13-023 Resolution granting variance application to Chris & Teressa Cook, Block: 4903, Lot: 14, 41 Dellwood Drive 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. There were some minor corrections noted. A voice vote of “aye” was heard in approval of this Resolution as corrected. CASE NO. Z 13-027 Resolution granting variance application to Nicholas Gentile, Block: 1102, Lot 10, 21 Anthony Drive 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. A voice vote of “aye” was heard in approval of this Resolution. CASE NO. Z 13-028 Resolution granting variance application to Sara Parker Henderson, Block: 3101, Lot: 27, 6 Ross Court 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. A voice vote of “aye” was heard in approval of this Resolution. CASE NO. Z 13-029 Resolution granting variance application to Douglas & Louisa Eilender, Block: 4206, Lot: 6, 91 Prospect Street 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. A voice vote of “aye” was heard in approval of this Resolution. CASE NO. Z 13-030 Resolution granting variance application to Mark Chiarolanza, Block: 707, Lot: 13, 186 Greenwood Avenue 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. There were some minor corrections noted. A voice vote of “aye” was heard in approval of this Resolution as corrected. CASE NO. Z 13-031 Resolution granting variance application to Sean Flanagan, Block: 3001, Lot: 68, 12 Academy Road to construct a deck in an R-3 (Single Family Residential) Zone requiring relief from Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. A voice vote of “aye” was heard in approval of this Resolution. ZBA Regular Mtg. 7-11-13 Page 2 7. OLD BUSINESS: CASE NO. Z 13-032 Jetta Ventures, LLC Block: 2901, Lot: 7 16 Vinton Road Applicant is seeking permission to construct a 2 Story Open Front Entry Way, Front Stoop with Walkway and Renovation of Existing Enclosed Front Porch in an R-2 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback (Prevailing). Mr. Sam DeAngelis, Esq. and Mr. Jonathan Novalis were sworn in and the following exhibits were marked: B-1 Letter of Denial issued by Deputy Zoning Officer Daniel Buckelew, dated May 15, 2013 A-1 Survey prepared by Andrew Clarke, dated May 9, 2013 A-2 Unlabeled Color rendering A-3 Site Plans prepared by Arthur Demarest, Architects, dated May 10, 2013 (2 sheets) A-4 S. J. Flanagan, Esq., undated foldout (1 sheet) Mr. De Angelis began by explaining the application and the intent of the applicant to bring the home back to the original structure. Mr. Novalis stated that Legacy Home Builders intent is to gut the home and rebuild, keeping the integrity of the home for resale. The original blueprint plan from 1904 was found in the home showing the 2 story open front entrance. The original application to the zoning department was in full compliance, but after the plans were found the application was resubmitted proposing the 2 story open front entry way creating the need for minimum front yard setback variance. Mrs. Niculescu noted that the side-yard setbacks are also non-conforming even though they are not changing. 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. A motion to approve the application as presented was made by Mrs. Driscoll and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Hess. Mr. DeAngelis asked the Chairman if he would consider moving Case No. Z 13-037 out of order on this evening’s meeting agenda. He stated to the Board that he is representing Mr. Novalis on this case as well. Mr. Santoro granted the request. ZBA Regular Mtg. 7-11-13 Page 3 8. NEW BUSINESS: CASE NO. Z 13-037 Jonathan Novalis – Legacy Home Builders, LLC Block: 1905, Lot: 2 9 Grove Street Applicant is seeking permission to restore existing Enclosed Front Porch to Open Front Porch with New Roof, Rear 2 Story Addition, Rear Cantilevered Dormer, Left Side Dormer, Removal of Existing Rear Porch, Basement Entry, Car Port and Fire Place in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Impervious Lot Coverage. Mr. Sam DeAngelis, Esq. and Mr. Jonathan Novalis were sworn in and the following exhibits were marked: B-1 Letter of Denial issued by Deputy Zoning Officer Daniel Buckelew, dated June 20, 2013 A-1 Survey prepared by Andrew Clarke, dated April 9, 2013 A-2 Site Plans prepared by Arthur Demarest, Architects, dated May 23, 2013 (3 sheets) with a revision date of June 20, 2013 The applicant purchased the home as a two family home; his intent is to turn the home back into a single family residence. He will be gutting and reframing the home. The back entrance will be removed. Mr. Novalis recently has done something similar to another home on Keep Street; converting it from a two family back to a single family. Variances being sought are for maximum impervious coverage and minimum front yard setback. The previous home owner enclosed the front porch using it as livable space; Mr. Novalis would like to remove the existing construction to restore it to an open front porch with a gable roof. The existing Impervious Coverage is 52.32% which will be reduced to 49.3% with the removal of the existing covered carport and fireplace in the rear yard. The home has a rear yard detached 2 car garage creating the impervious coverage issue. The question of a drywell was raised. The current storm-water runoff is handled by downspouts that run across the ground. The lot is level and pitches from front to back. Although the applicant is making measurable improvements with the impervious coverage the Board would still like to see additional removal of pavement and reduce the impervious coverage to 42%. A drywell is suggested; and will be subject to the approval of the Borough Engineer once the applicant has presented calculations from his engineer. The applicant agrees to the installation of a drywell. A telephone pole sits in the rear yard which should be removed if it is not connected to any homes. The hatched attic was discussed as shown on page A2 of the Demarest plans. It seems as if the attic has been designed larger than the ½ story as presented. The attic area is subject to the verification of compliance by the deputy zoning officer and building inspector. ZBA Regular Mtg. 7-11-13 Page 4 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 conditions as discussed. A motion to approve the application as presented with the conditions as stated by Gary Hall was made by Mr. Poeter and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Hess. CASE NO. Z 13-033 Peter & Gina Flemming Block: 4801, Lot: 10 34 Noe Avenue Applicant is seeking permission to construct a 2nd Story Addition, 1 Story Addition, Unenclosed Front Stoop with Overhang, and Reduction of Existing Driveway in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Sinclair Terrace) Maximum Impervious Lot Coverage, Minimum Side Yard Setback, and Maximum Principal Building Coverage. Mr. Peter Flemming Jr. and Mr. Jerry Bruno were sworn in and the following exhibits were marked: B-1 Letter of Denial issued by Deputy Zoning Officer Daniel Buckelew, dated June 12, 2013 revised July 9, 2013. A-1 Survey prepared by Benjamin & Wizorek, Inc. dated October 5, 2006 A-2 Site Plan prepared by Jerry Bruno, Jr. , Architect dated June 10, 2013 (4 sheets). A-3 Site Plan prepared by Jerry Bruno, Jr., Architect dated June 10, 2013 (1 sheet) showing revised side yard setback. Mr. Flemming began by stating to the Board that he has a growing family; he and his wife have looked at other homes but would like to stay in Madison and enlarge the home they reside in now. Mrs. Niculescu stated that the denial letter issued by Mr. Buckelew was incorrect. The maximum impervious coverage permitted should be 3,765 square feet. The existing is 4,343 square feet and the proposed is 4,342 square feet. Mr. Bruno gave a summary of the proposed addition. He stated that the home is a one story ranch with small rooms. There are three components to the application; taking off the roof and adding a level for the children’s bedrooms, the expansion of the kitchen, and family room and a proposed unenclosed front stoop with overhang. The home is situated on a corner lot. The lot coverage is primarily due to the topography and the location of the current garage. The addition of another drywell was discussed as well as additional landscape buffering along the right side of the home to lessen the impact of the addition to the neighbors. ZBA Regular Mtg. 7-11-13 Page 5 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 conditions as discussed. A motion to approve the application as presented with the conditions as stated by Gary Hall was made by Mrs. Niculescu and seconded by Mr. Blair A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Hess. CASE NO. Z 13-034 Anthony Maccario Block: 1104, Lot: 21 12 Myrtle Avenue Applicant is seeking permission for the As-Built 2 Story Home with Open Front Porch, Rear Deck, Rear Brick Paver Patio, Asphalt Driveway, Side Yard Air Conditioner, Front Yard Retaining Wall and Frame Shed in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, Maximum Principle Building Coverage and Accessory Structure Setback (Side). Mr. Anthony Maccario was sworn in and the following exhibits were marked: B-1 Letter of Denial issued by Deputy Zoning Officer Daniel Buckelew, dated June 11, 2013 B-2 Copy of Resolution approved July 19, 2005 B-3 Copy of Plans from 2005 A-1 Survey prepared by John Vogel dated March 2, 2005 (Old written on top) A-2 Survey prepared by John Vogel dated April 25, 2013 (Final As Built & Coverage) Mr. Maccario stated that he and his wife purchased the home which was over 100 years old. The home was a two-family home and rebuilt as a single family home. A temporary Certificate of Occupancy was issued in 2006. The home was recently sold in April 2013. At that time Mr. Maccario was informed by the building department that he had never been issued a Certificate of Occupancy. It was determined that there were deviations from the resolution of approval of July 19, 2005 with the as built survey that was presented to the building department. The main issues with the as built are the location of the current shed, the paver patio that was installed after the home was built, and the additional driveway that was put in. It was determined that screening is required for the HVAC unit located on the left side of the home, as well as buffering on the right side. A drywell was never put in and Mr. Maccario stated that there are no water issues on the property. He had a retaining wall added to prevent runoff to the neighboring properties. All leaders from the property run out to the street. Mr. Vogel, Borough Engineer was present and stated his opinion regarding the drywell. It was determined that the applicants engineer would submit calculations to Mr. Vogel to determine ZBA Regular Mtg. 7-11-13 Page 6 whether the drywell was required. This application poses a unique situation which needs to be resolved in the interest of the new owner. 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 conditions as discussed. A motion to approve the application as presented with the conditions as stated by Gary Hall 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, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Hess. CASE NO. Z 13-035 Henry & Colleen Geier Block: 707, Lot: 15 6 Overhill Drive Applicant is seeking permission to construct a 2nd Story, Covered Front Porch, New Frame Roof over Existing Garage and Rear Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (right) and Maximum Principle Building Coverage. Mr. Henry Geier was sworn in and the following exhibits were marked: B-1: Letter of Denial issued by Deputy Zoning Officer Daniel Buckelew, dated June 10, 2013 A-1: Survey prepared by Benjamin & Wizorek, Inc, dated February 25, 2013 A-2: Site Plans prepared by Paul Axelsen, Architect, LLC dated May 15, 2013 (4 sheets) with a revision date of June 17, 2013 Mr. Geier explained the intent of the application. He and his wife have lived in Madison for the last 17 years; they have three children whom attend the Madison High School, Madison Jr. School and one of the elementary schools in town. They currently reside in a one level ranch home and would like to add a level so that each child can have their own bedroom. The roof modification is purely aesthetic. The framing over the garage and the covered front porch are increasing the building coverage by an additional 120 square feet; which is driving the variance. The building elevations were discussed and Mr. Geier informed the board that the dormers as shown were decorative in nature only. There being no further questions from the Board or the public, the Board gave the public the opportunity to make comments. Mr. John Snyder, and his wife Margaret; who live across the street from the Geier’s approached the Board in support of the application. The Board began their deliberation. The consensus of the Board was to approve the application as presented this evening. A motion to approve the application was made by Mrs. Niculescu and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: ZBA Regular Mtg. 7-11-13 Page 7 AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Hess. 9. OTHER BUSINESS: Mr. Hall reported that an application has been filed by TIRO Associates for development of 134 Main Street. This development requires a “D” variance. With this application Mrs. DeRosa will need to step down from her position on the Board. This application will be heard at a Technical Review meeting on July 16, 2013. It was noted that Frank Russo, Board Engineer has a conflict as well and will not be advising the Board on the application. Boswell Engineering will be hired as substitute engineering consultant. The Board adopted by voice vote a resolution approving Boswell Engineering as replacement engineer on the application. The Board cancelled the regular scheduled Zoning Board of Adjustment meeting of Thursday, August 8, 2013. Chairman Santoro brought up several discussion items with Board members. A representative from the Shade Tree Commission had contacted Mr. Santoro, a discussion followed. It was determined that Mr. Hall would contact the Shade Tree Commission representative to get a better understanding of what they are requesting. It was agreed on that future educational presentations from Ms. Susan Blickstein, Borough of Madison Planner and Mr. Steve Tombalakian, Planning Board Chairman should be set up. 10. ADJOURNMENT: The meeting was adjourned at 10:30 pm with a motion made by Mr. Poeter and seconded by Mr. Blair. Respectfully Submitted, Frances Boardman Land Use Secretary ZBA Regular Mtg. 7-11-13 Page 8