Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, October 10, 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, October 10, 2013 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, NJ. Mike Lami, Vice Chairman 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: Ronald Poeter, Diane Driscoll, Timothy Blair, Mike Lami, Carl Hess, and Kyle Wickman EXCUSED: Toni DeRosa, Joseph Santoro, and Susan Niculescu ALSO PRESENT: Gary Hall, Attorney, Susan Blickstein, Borough Planner and Jeffrey Morris, Boswell Engineering. 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting of 09/12/2013 minutes will be approved at the next regular meeting to be held on November 14, 2013. The following resolutions were distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were adopted with no corrections and approved with a voice vote of aye from all eligible voting Board members. ZBA Regular Meeting – 10-10-13 Page 1 CASE NO. Z 13-038 Resolution granting variance application to Shane & Maria Beacom, Block: 3502, Lot: 4, 15 Green Hill Road 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. CASE NO. Z13-039 Resolution granting variance application to Larry Kass, Block: 4004, Lot: 37, 29 East Lane 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. CASE NO. Z13-040 Resolution granting variance application to Domenico & Jean DeVincenzo, Block: 502, Lot: 22, 16 Avon Drive 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. CASE NO. Z13-041 Resolution granting variance application to William & Mary Renz, Block: 3906, Lot: 4, 67 Woodland Road 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. 7. NEW BUSINESS - CASE NO. Z 13-036 TIRO ASSOCIATES, LLC Block: 1803, Lot: 16 134 Main Street Applicant requesting (D) variances to permit a one-story proposed bank with drive thru and a one story retail building as well as preliminary and final site plan approval with necessary (C) variances along with any related approvals on property in the CBD1(Central Business District 1) Zone. A transcript of this evenings hearing was recorded by Toni Ann Acquaro, Veritext, 290 W. Mt. Pleasant Avenue, Suite 3200, Livingston, New Jersey 07039. A special meeting date was discussed at the beginning of the meeting with the applicant’s Attorney, Mr. Barry Mandelbaum. It was determined that Monday, November 4, 2013; 7:30pm would work for all parties. A motion to schedule this meeting was made by Mr. Poeter, with a voice vote of “aye” heard by all Board members. No further notice will be necessary. Documents were marked into evidence by Mr. Gary Hall ZBA Regular Meeting – 10-10-13 Page 2 B – 1 Memorandum from Boswell Engineering, dated September 18, 2013 B – 2 Memorandum from Susan Blickstein dated July 1, 2013; revised August 29, 2013 B – 3 Sign Permit referral from Sign & Façade Committee dated September 13, 2013 B – 4 Downtown Development Commission letter dated July 9, 2013 A – 1 Preliminary & Final Site Plans last revision date 8/12/2013 prepared by Maser Consulting P.A. (Sheets 1-10) A – 2 Proposed New Buildings dated 04/24/2013 prepared by Kapuscinski Luongo Architects. A – 3 Signage Plan prepared by Imageone, last revision date of 9/10/2013 A – 4 Boundary & Topographic Survey prepared by Maser Consulting, dated 4/2/2013 A – 5 Stormwater Management Report prepared by Maser Consulting, dated 6/2013 A – 6 Traffic Impact Study prepared by Maser Consulting, dated 6/3/2013 A – 7 Traffic Impact Study Addendum prepared by Maser Consulting, dated 8/12/2013 A – 8 Dimension and Layout Plan prepared by Maser Consulting, dated 6/14/2013 A - 9 Color documentation prepared by Maser Consulting Mr. Barry Mandelbaum, Esq. began by giving a brief synopsis of the application. The applicant is seeking to permit a financial institution with a drive thru window to be developed on the subject property located at 134 Main Street along with a 3,674 square foot retail building. Investors Savings Bank now located on Waverly Place; which is hampered by not having a drive thru at that location has entered into a lease agreement with Tiro Associates for the above aforementioned property. The applicant is also seeking each building to be a one story structure where two story structures are required. Mr. Mandelbaum called his first witness, Mr. Kevin Codey was sworn in. Mr. Codey is the principal of Tiro Associates. Mr. Codey stated that the contract for this site is contingent upon the approval of the drive thru. Mr. Codey further stated to the Board members that many meetings have taken place with the neighbors surrounding the property and that he has agreed, as a condition in the resolution if the application is approved; that no food, restaurant, or bar use will be permitted in the secondary building. After additional discussion with the neighbors it was agreed upon that additional landscaping would be provided along Alexander Avenue as depicted in Exhibit A-8: Dimension and Layout Plan given to the Board this evening. The exhibit marked also showed the right - turn only stripping in the drive thru lanes. The dumpster was also moved. Mr. Mandelbaum had no further questions for Mr. Codey. Mr. Lami questioned how many users were being proposed for the retail building? Mr. Codey stated ideally one user, but it is shown on the drawings as two. Parking is restricted by the square footage of the building. The curb cuts shown are forcing a right turn off Alexander Avenue however; a left turn is possible. Ms. Blickstein asked if there were any other restrictions in the lease agreement with Investors Savings Bank. Mr. Codey replied that the only restriction would be no other financial institution. The structures will be constructed as shown on the plans. The floor was opened to the public for questions for Mr. Codey. Mr. Michael Blazoski, 30 Cook Plaza, Madison, NJ. ZBA Regular Meeting – 10-10-13 Page 3 Mr. Blazoski asked Mr. Codey if he had input into the plans as shown. Mr. Codey stated that he did. Also different layouts were considered but the one presented was thought to be the best layout for the bank and the drive thru lanes. Mr. Blazoski asked if Mr. Codey had sought any easement agreements with the Walgreen’s site located at 122 Main Street. Mr. Codey stated he had not. Two underground storm-water easements bisect the property. Mr. Codey stated that a traffic engineer was relied upon for the information that Mr. Blazoski is questioning. The driveway on Main Street is a full access driveway. NJDOT has not yet given their approval on the driveway location on Main Street. Ms. Blickstein stated to the Board that the plans received this evening as marked as Exhibit A-8 does not show any landscaping plans or the removal of the dumpster. Mr. Mandelbaum stated that a new plan will be made available to the Board prior to the next meeting showing the new landscaping and dumpster location. Mr. Hall asked that the plans be made available at least ten days prior to the meeting. There were no further questions from the Board or the public for Mr. Codey. It was noted that a traffic expert from Boswell Engineering be available at the next meeting. Mr. David Roberts, Maser Consulting was sworn in. Mr. Roberts gave his qualifications to the Board. Mr. Roberts handed out a bound color document, containing 22 pages to the Board; this was marked as Exhibit A-9. Mr. Roberts stated that he had prepared this document over the last several months. He had made three site visits to the property and the surrounding area. The important points in the document were walked through with the Board. Mr. Roberts stated that the proposed buildings would intensify the streetscape along Main Street. The utility easements place constraints on building location. It was noted; that The Bank of America across the street is in the CC zone, where drive-thru’s are a permitted use. Mr. Roberts stated that it is a public benefit to redevelop/revitalize the site. The letter dated, July 9, 2013 and marked as Exhibit B – 4 from the Downtown Development Commission was referenced. Ms. Boardman was asked to contact the Downtown Development Commission and the Sign and Façade Committee to attend the special meeting scheduled for Monday, November 4, 2013. It was asked earlier about the width of the driveway. The plan is calling for a 24 feet wide driveway along Main Street, where 30 feet is required by Ordinance, thus creating a variance. Traffic testimony will be heard at a later date. There are eight “C” variances that are being sought. The positive and negative criteria outlined in the document handout, was discussed. Mr. Blair asked for clarification on the different intents for the CBD1 and CC Zones. Ms. Blickstein gave a detailed explanation on the different intents for the zones. Ms. Blickstein stated that the drive thru as a conditional use, is that the drive thru is not visible from the main street, thus the drive thru visibility on Alexander would not be permitted. Another area of concern is the length of the open curbcut. The 2009 Master Plan Land Use Element speaks strongly to pedestrian ZBA Regular Meeting – 10-10-13 Page 4 accessibility and enhancing it. The design, which is driven by the drive thru creates a situation that is at odds with the Master Plan and Zoning Ordinance. The bank design only being one story is a self created hardship. Ms. Blickstein stated that the area could be better suited for mixed use which is allowed in the CBD1 Zone. Mr. Hall stated that the Walgreens, located at 122 Main Street amended their original site plan after reviewing the Borough Master Plan and Zoning Ordinance and constructed a two story structure with no drive thru. Discussion continued between Ms. Blickstein and Mr. Roberts. Mr. Codey still under oath was asked what types of retail tenants were being sought. Mr. Codey replied low impact uses, such as an eye glass store, optometrist, apparel. Mr. Codey informed the Board that he has not been getting a lot of inquires for these spaces. Mr. Lami inquired if the buildings would be built simultaneously. Mr. Codey answered ideally, yes they would. Ms. Blickstein stated that if the development was going to be phased it would need to be addressed at the next hearing. This portion of the hearing was closed at 9:30pm. Mr. Roberts will be available at the next meeting for additional questions from the Board members and its Professionals as well as the public. A short recess was taken at 9:30pm. The Board reconvened with all members present at 9:45pm. 8. OLD BUSINESS – 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). B – 1 Letter of Denial from Deputy Zoning Officer, Dan Buckelew, dated 08/16/13 A – 1 Copy of survey dated 09/03/2008 prepared by John Vogel II A – 2 Copy of Survey dated 09/03/2008 by John Vogel II marked as existing with change to area next to garage A – 3 Copy of Survey dated 09/03/2008 by John Vogel II marked as proposed with handwritten notations A – 4 Plans prepared by Washington Architectural Group, dated 08/11/13 Mr. Steven Fleming was sworn in. Mr. Fleming stated that he and his wife are third generation Madison residents, they have a two year old daughter and would like to have more children, but feel that they need additional bedroom space on the second floor. The minimum (right) side yard setback is pre-existing and with the addition proposed they are not making it any worse. Mr. Fleming stated that the existing survey as marked as exhibit A-2 shows changes to the driveway that were done without realizing the need to come through zoning. The existing ZBA Regular Meeting – 10-10-13 Page 5 driveway expansion and the retaining wall do not change the denial letter that was issued. This section is landscaped and no further landscaping is being proposed. Mr. Hall informed the Board that in several conversations with Mr. Buckelew, Deputy Zoning Officer there was a concern that an illegal apartment exists in the basement of the home. Mr. Fleming stated that his Brother-In-Law lives in the partially finished basement. A walk thru of the home by the Building Department and the Zoning Official has tried to be scheduled, but has not yet been done. Mr. Fleming stated that during the construction of the addition any and all corrections will be addressed to this area of the home. There is a separate entrance to the basement however; Mr. Fleming stated that the main entrance to the home is the one that is used by all members of the household. This issue is independent of the variance in front of the Board this evening. There being no further questions from Board members, Mr. Lami opened the floor to the public for questions. Mr. Ron Gunn, 41 Fairview Avenue, has a concern with four cars in the driveway. With the planned addition will there be an expansion of the driveway and additional cars parked? Mr. Fleming stated that he is not planning on increasing the driveway nor will any additional cars be parked there. Mr. Stewart Shippey, 52 Fairview Avenue, has a concern that the home with the addition will be towering over the other homes in the neighborhood. He is also concerned with the number of families that are living there. Mr. Shippey was told that all inspections and permits from the building department for all work will need to be issued prior to receiving a Certificate of Occupancy. Mrs. Mary Walter, 167 Central Avenue, has a concern with the applicant creating a larger home on a small property. There is also a concern with extra cars parked on such a narrow street. Mr. Poeter had a concern regarding the roof line; he asked Mr. Fleming if he had taken into consideration lowering the roof. Mr. Fleming stated that the roof is just being lifted straight up. Mr. Hall stated that the Ordinance allows for ½ stories. There being no further questions the Board began its deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application was made by Mr. Wickman and seconded by Mr. Hess. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Wickman, and Mr. Hess. 9. NEW BUSINESS – CASE NO. Z 13-044 Neil & Leslie Rohrbacker Block: 907, Lot: 2 3 Knollwood Avenue ZBA Regular Meeting – 10-10-13 Page 6 Applicants are seeking permission to construct a Covered Front Porch, Rear 2 Story Addition, Existing Rear Deck and Stairs Modification in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Due to insufficient newspaper noticing this application was carried to the November 14, 2013 Zoning Board meeting. CASE NO. Z 13-045 Fred & Leslie D’Ascoli Block: 3401, Lot: 16 79 Green Village Road Applicants are seeking permission to construct a 2 Story Addition, 1 Story Addition, Deck, Retaining Wall and Driveway with Retaining Wall in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Driveway Setback and Maximum Impervious Lot Coverage. Due to insufficient newspaper noticing this application was carried to the November 14, 2013 Zoning Board meeting. CASE NO. Z 13-046 Gretchen Coviello Block: 3904, Lot: 36.06 14 Brannick Drive Applicant is seeking permission to construct a Front Covered Porch, Rear 1 and 2 Story Addition, Rear Deck and Modification of Existing Rear Paver Walkway in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Minimum Rear Yard Setback (Deck). Mr. & Mrs. Coviello along with their Architect, Mr. Alan Andreas, were sworn in. The following exhibits were marked: B – 1 Letter of Denial from Danny Buckelew, Deputy Zoning Officer, dated 9/13/13 A – 1 Color Renderings of the home; front and rear views A – 2 Plans prepared by ASA Architectural Design, last revised 9/13/13 A – 3 Copy of survey dated 8/16/13 by Benjamin and Wizorek, Inc. Mr. Coviello stated to the Board the reasons for the request. The color pictures marked into exhibit as A-1 were discussed. Mr. Coviello, stated that the rear of his property abuts New Jersey Transit property. His has periodically been in touch with New Jersey Transit to acquire this property but his offer has been declined. Mr. Andreas began his presentation stating that the addition being requested is in the rear of the property and will not have any negative impact on any neighbor. The addition will create a sense of symmetry. Most of the changes to the home will be interior modifications and have a very low impact on the visual structure. 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 as submitted. A motion to approve the ZBA Regular Meeting – 10-10-13 Page 7 application was made by Mrs. Driscoll and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Wickman, and Mr. Hess. CASE NO. Z 13-047 Michael & Mirijke Shugrue Block: 803, Lot: 4 24 West End Avenue Applicants are seeking permission to construct a 2nd Story Addition, 1 Story Rear Addition, Rear Deck and Roof over Existing Front Porch in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. B – 1 Letter of Denial from Danny Buckelew, Deputy Zoning Officer, dated 9/05/13 A – 1 Copy of survey prepared by Andrew Clarke dated 8/25/2013 A – 2 Plans prepared by Siegel Architects, last revision date of 9/03/13 A – 3 Front and Rear Elevation color photos prepared by Siegel Architects, last revised 9/03/2013 Mr. Shugrue and his Architect, Brian Siegel were sworn in. Mr. Shugrue stated that he and his family moved into the home 10 years ago. Mr. Shugrue works in town as well as being a volunteer fireman and wishes to stay in town and modify the existing home. Mr. Siegel began his testimony stating that the Shugrue’s are seeking to create a more comfortable home. The proposed renovations and additions have been designed to transform a dated split level into a cottage style home that is both visually pleasing and reflective of updated living arrangements. The new living area is located at the rear of the property and will not impact the streetscape. 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 as submitted. 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: Mr. Blair, Mrs. Driscoll, Mr. Lami, Mr. Poeter, Mr. Wickman, and Mr. Hess. 10. OTHER BUSINESS: 11. ADJOURNMENT: The meeting was adjourned at 10:45 pm with a motion made by Mr. Poeter. Respectfully submitted, Frances Boardman Recording Secretary ZBA Regular Meeting – 10-10-13 Page 8