Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, September 12, 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, September 12, 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, Ronald Poeter, Diane Driscoll, and Timothy Blair, Mike Lami, Susan Niculescu, Carl Hess, and Kyle Wickman EXCUSED: Toni DeRosa ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting of 07/11/2013 and Special meeting of 6/ 27, 2013 for adoption. The following resolutions were distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 13-025 Resolution granting the Preliminary and Final Site Plan with Variances of 39 Green Village Road, LLC as Applicant for Preliminary & Final Site Plan with Variances on property located at 39 Green Village Road, Madison, commonly known on the Borough of Madison Tax Map as Block 3001, Lot 23. ZBA Regular Meeting – 9-12-13 Page 1 There were a few minor corrections made to this Resolution. Fran: Gary will call you with changes to be made to this Resolution on 9/13/13.The following Resolutions were adopted with no corrections and approved with a voice vote of aye from all eligible voting Board members. CASE NO. Z 13-032 Resolution granting variance application to Jetta Ventures, LLC, Block: 2901, Lot: 7, 16 Vinton Road 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). CASE NO. Z 13-033 Resolution granting variance application to Peter & Gina Flemming, Block: 4801, Lot: 10, 34 Noe Avenue 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. CASE NO. Z 13-034 Resolution granting variance application to Anthony Maccario, Block: 1104, Lot: 21 12 Myrtle Avenue 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). CASE NO. Z 13-035 Resolution granting variance application to Henry & Colleen Geier, Block: 707, Lot: 15 6 Overhill Drive 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. CASE NO. Z 13-037 Resolution granting variance application to Jonathan Novalis – Legacy Home Builders, LLC., Block: 1905, Lot: 2, 9 Grove Street 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. ZBA Regular Meeting – 9-12-13 Page 2 7. OLD BUSINESS - No old business. 8. NEW BUSINESS – CASE NO. Z 13-038 Shane & Maria Beacom Block: 3502, Lot: 4 15 Green Hill Road Applicant is seeking permission to construct a 1-Story Rear Addition, 2 Rear Pocket Dormers, Covered Side Deck and Rear Patio with Walkway in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, and Maximum Principle Building Coverage. B – 1 Letter of Denial from the Borough of Madison, dated 7/24/13 A – 1 Copy of survey dated 4/12/10, marked A – 2 Plans prepared by Siegel Architects, dated 7/10/13 A – 3 Sketch of home and photo A – 4 Area Calculations A – 5 Detailed photos of the house A – 6 Photo board of area homes A – 7 Photo board of area homes Mr. and Mrs. Beacom and Janet Siegel, Architect were sworn in and Mr. Beacom began by stating the reasons for the improvements to his home. Ms. Siegel then began her presentation. She used a set of plans to review what the applicant is planning to do. The home is a formal home, however, it will no longer be formal with the expansion of the kitchen and the entry from the rear of the home. Entry will be into the large kitchen. A covered porch on the side of the property will remain and an uncovered deck will be its entry. The second floor has one bedroom and will be expanded along with a larger bathroom. The front of the home is not affected by this addition. A presentation was made to the Historical Commission and the application was approved by the Commission. Ms. Siegel informed the Board that the lot is undersized for this house. The average square footage for homes in this area are 1400 to 1500 square feet. The house in question is of medium size. There are 9 detached garages on this street and a few have attached garages. Ms. Siegel described A – 6 and 7 which contained photos of homes on adjacent streets The Board now was ready to ask questions of the architect. A drywell was discussed which is required for any addition over 400 square feet. This addition is 147 square feet over that requirement. The applicant stated they would follow any directives that the Borough required of this application. The Board had no further questions of the applicant. The Board then opened the questioning to the public. There being none, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that a drywell be installed. A motion ZBA Regular Meeting – 9-12-13 Page 3 to approve the application was made by Mr. Lami and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Wickman. Larry Kass Block: 4004, Lot: 37 29 East Lane Applicant is seeking permission to construct a (2) 2-Story Additions, (1) 1-Story Addition, Expansion of Existing Driveway, 2 New Walkways, and Removal of Existing Walkway in an R- 2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, Minimum Rear Yard Setback, Minimum Left Side Yard Setback (modified) and Maximum Principle Building Coverage. Mr. Larry Kibits and Alan Andreas, Architect were sworn in and the following exhibits were marked. B – 1 Letter of denial from the Borough of Madison, dated 8/6/13 A – 1 Survey prepared by Benjamin and Wizorek, dated June 2013 A – 2 Plans prepared by Alan Andreas, Architect, dated 7/8/13, 7 sheets A – 3 Photo sheet Mr. Andreas began by explaining that some immediate repairs were made to the house which did not need approvals from the Board. He continued that the house would need several improvements. An additional bay to the garage is needed for storage And also a master suite, a gym and an office for Mr. Kass. Mr. Andreas stated that the house is located on a cul-de-sac. He stated that the variances are very slight and he believes will not impact any of the neighboring homes. Several changes were made in the past and Mr. Andreas stated his additions will balance off the home. The side and rear variances are diminimus ie:. 1 and 2 feet encroachment . These additions were planned for aesthetic reasons to balance off the home. The building coverage is over .61% which is also diminimus. An in-law suite is also planned if approved by the Board. The section were this is located measures 236 square feet. However, the applicant would like to construct the suite for his aging father. A drywell is planned for the rear of the property to insure that water that ponds will be kept away from the home and the area can be utilized by the children after a storm. The paving will not be added to, just in a very limited area. There were no 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 that a drywell be installed. Mr. Poeter requested that a fence be drawn into the plans. A motion to approve the application was made by Mr. Lami and seconded by Mr. Blair . A roll call vote was requested and recorded as follows: ZBA Regular Meeting – 9-12-13 Page 4 AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Wickman. CASE NO. Z13-040 Domenico & Jean DeVincenzo Block: 502, Lot: 22 16 Avon Drive Applicants are seeking permission to construct a 1 Story Addition and Remove the Existing Paver Patio in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Prevailing), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. and Mrs. DeVincenzo were sworn in and the following exhibits were marked as follows: B – 1 Letter of Denial from the Borough of Madison, dated 7/22/13 A - 1 Copy of survey, dated 3/13/13 A – 2 Copy of survey with addition added and notes A - 3 Architectural Plans 8/8/13, prepared by Welsch Architects Mr. DeVincenzo explained that his family has grown to 3 children since they purchased the home. He stated he would like the home reconfigured on the second level to allow the children to have their own rooms. Four bedrooms are needed on the second floor, and an eating area and living area on the first floor. The lot is irregular shaped, so the applicant placed the addition on the left side of the home. Living space is proposed on one level and sleeping on the second (bi-level) space. Mrs. DeVincenzo stated they wanted to make the front of the home aesthetically pleasing to the neighbors. A patio and shed will be removed which will reduce the impervious coverage on site. The consensus of the Board was to approve the application with condition that a drywell be installed. 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: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Wickman. CASE NO. Z13-041 William & Mary Renz Block: 3906, Lot: 4 67 Woodland Road Applicants are seeking permission to construct a Screened-In-Porch, Partially Roofed Deck, and Cantilevered 2nd Floor in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Norman-East) and Minimum Rear yard Setback. Mr. Renz and his architect Brian Murphy were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison, dated 10/11/11 ZBA Regular Meeting – 9-12-13 Page 5 A – 1 Survey prepared by Wm. Zimmerly, dated 8/8/05 A – 2 Architectural Plans dated 8/15/13, prepared by Brian Murphy A – 3 Tax map and Aerial photo Mr. Hall explained to the Board that this property has three frontages. The rear yard depicted on the plans is actually a side yard. Mr. Murphy began with his describing the property. He utilized a tax map to describe the location of the property. He stated the house is a cape colonial in design. The applicant is keeping this style. Mr. Murphy stated that the dormers will be enlarged for safety reasons. The new roofline will be aligned with the existing roofline. The second floor presently has one bathroom. A master bedroom will be added with its own bathroom. The existing bathroom will be available for the children. The consensus of the Board was to approve the application as submitted. A motion to approve the application was made by Mr. Poeter and seconded by Mr. Lami . A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, and Mr. Wickman. CASE NO Z 13-042 Steven & Rachel Fleming Block: 706, Lot: 13 48 Fairview Avenue Applicants are seeking permission to construct a 2nd Story Addition, and Front Covered Porch in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right). This application will be carried to the regular meeting on October 10, 2013. 9. OTHER BUSINESS: Mr. Hall discussed the Tiero (Jaguar) application that will be presented to the Board in the near future. A special meeting is planned for October 10 which can be utilized for the Tiero (Jaguar property) application and the 24th can be utilized for the regular meeting. A discussion took place with regard to this upcoming application. 10. ADJOURNMENT: The meeting was adjourned at 9:45 pm with a motion made by Mr. Poeter. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 9-12-13 Page 6