Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, November 14, 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, November 14, 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, Susan Niculescu, Toni DeRosa and Kyle Wickman EXCUSED: Mike Lami, Timothy Blair, and Carl Hess ALSO PRESENT: Keith Loughlin, Substitue attorney 4. PLEDGE OF ALLEGIANCE 6. RESOLUTIONS FOR MEMORIALIZATION The following resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or corrections made to the resolutions. A voice vote of aye was heard from all eligible voting members in approval of the resolutions. CASE NO. Z 13-042 Resolution granting variance application to Steven & Rachel Fleming, Block: 706, Lot: 13, 48 Fairview Avenue 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). CASE NO. Z 13-046 Resolution granting variance application to Gretchen Coviello, Block: 3904, Lot: 36.06, 14 Brannick Drive 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 ZBA REGULAR MTG – 11-14-13 Page 1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Minimum Rear Yard Setback (Deck). CASE NO. Z 13-047 Resolution granting variance application to Michael & Mirijke Shugrue, Block: 803, Lot: 4, 24 West End Avenue 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. A special meeting has been set for December 16 to hear the Tiro Associates application. An email will be sent to all Board members and individuals participating in this application confirming the agreed upon date. The Board approved this meeting with a motion made by Mr. Poeter and seconded by Mr. Santoro. All members present agreed upon the motions with a voice vote of aye. 7. OLD BUSINESS: CASE NO. Z 13-044 Neil & Leslie Rohrbacker Block: 907, Lot: 2 3 Knollwood Avenue 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. Alan Andreas, Architect and Neil Rohrbacker applicant were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 9/16/13 A – 1 Set of architectural plans prepared by ASA Design, A-1 thru A – 5 and photos taken by Alan Andreas, Architect, dated 11/14/13 Mr. Andreas began by describing the plans room by room and what rooms would be affected by the proposed addition. The second floor will have a bathroom and laundry room added. He continued by discussing the four variances individually. He gave the reasons that these variances are being requested. He stated that there is really no change in the street line for the front yard setback. The side yard is being requested for an architectural element so it will anchor the front view. There will be no detriment to the neighbor on the side yard. The total addition of square footage on the front totals 125 square feet and most of the other addition is planned for the rear of the home. As a result, the neighbor in the rear will have a more pleasing architectural view. Most of the rear addition will be built over an existing paver patio so the impervious coverage will have a minimal increase. ZBA REGULAR MTG – 11-14-13 Page 2 The Board now had the opportunity to question Mr. Andreas. There being none, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mrs. DeRosa and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Wickman 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. Fred D’Ascoli and Leslie D’Ascoli applicants and Alan Andreas, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison, dated 9/12/13 A – 1 Photos taken by Mr. Andreas, dated 11/14/13 A – 2 Set of architectural plans prepared by Alan Andreas, ASA Design Alan Andreas began by describing each photo which totaled 5. The photos consisted of the property and one of the kitchen. He continued by reviewing the layout of the proposed addition. He then returned to the photos and utilized them to discuss the parking area and driveway. The house is located on an undersized and very narrow lot which renders it a hardship to the applicant and their expansion of the home. As stated, Mr. Andreas feels this is a modest addition. Mr. Santoro asked Mr. Andreas if the applicant can improve the drainage from the new roof. Mr. Andreas stated that the three location options that are available are hard to perform for installing a drywell, however, the rear area would best be suited to capture the water from the new addition. The applicant was not opposed to a drywell in the rear and a condition will be recorded to obtain the Borough Engineer’s, Bob Vogel, opinion regarding the location of the drywell in the rear. The Board now had the opportunity to question Mr. Andreas. There being none, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the condition that Bob Vogel, Borough Engineer be contacted for his opinion regarding the drywell’s location and suggest a water management program for the property. A motion to approve the application was made by Mrs. Driscoll and seconded by Mr. Poeter . ZBA REGULAR MTG – 11-14-13 Page 3 A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Wickman 8. NEW BUSINESS: CASE NO. Z 13-048 James & Kathryn McGrath Block: 1402, Lot: 1 54 Park Avenue Applicants are seeking permission to construct a Fire Escape, Paver Patio and Reduction of Existing Gravel Driveway Area in an R-4 (Two-Family Residential Use) Zone requiring relief from Maximum Impervious Lot Coverage. THE APPLICANT HAS ASKED TO CARRY THIS APPLICATION TO THE DECEMBER 12, 2013 MEETING. CASE NO. Z 13-049 Mary & David Carson Block: 4315, Lot: 24.02 14 Drew Place Applicants are seeking permission to construct a 1 Story Enclosed Porch in an R- 3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Mary Carson and David Belledonne, Architect, were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 10/3/13 A – 1 Drawing Packet, 5 sheets of rear porch Mr. Belledonne began by stating the home is new construction and lacks a rear deck and an enclosed porch. The home was built to the maximum on the property. The patio will be removed and there will be a slight increase in impervious coverage. The patio pavers total 172 square feet. The principal building coverage will also increase. The addition will be to the left rear of the home where a fence line and shrub line exists. The roofline of the addition will match the roofline of the home. The deck will be 16 inches from the ground. There is an existing drywell on the site and all leaders and gutters from the addition will be lead into that drywell. Mr. Santoro requested that the AC unit be screened. The applicant stated the contractor stated that the shrub in front of the unit was sufficient. The Board now had the opportunity to question the applicant. There being none, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mrs. Niculescu and seconded by Mrs. DeRosa . A roll call vote was requested and recorded as follows: ZBA REGULAR MTG – 11-14-13 Page 4 AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Wickman 9. OTHER BUSINESS: Mr. Santoro open up this portion of the meeting to the Board members to discuss any of their concerns. Mr. Wickman questioned drywells in Madison. He stated that in Chatham Perk Tests are required. He suggested that this should be part of the process. Mr. Wickman believes that Mr. Vogel should be contacted and a definition of what is required should be discussed with the Board members. Mrs. Driscoll requested that Susan Blickstein be contacted to review the planning aspect of applications. Mr. Santoro suggested that Fran be asked to speak to the Board along with the Planner and Borough Engineer. Mr. Santoro brought up the topic of a home in a two family zone having the owner make a two family into a three family. He stated that the Board needs to know what action the Borough takes and whether it is grandfathered. Mr. Loughlin made some comments regarding this issue. Mrs. DeRosa had a question regarding second driveways and should there be Ordinances speaking to this issue. Mr. Santoro suggested that she research this issue using the Rosenet.org website. Mrs. DeRosa also asked to what extent should the Board interact with our Borough Agencies. Mr. Santoro suggested that we bring up these issues when putting the Annual Report together. 10. ADJOURNMENT: The meeting was adjourned at 9:10 pm by a motion made by Mr. Poeter and seconded by Mrs. Driscoll . Respectfully submitted, Lorraine Sola Recording Secretary ZBA REGULAR MTG – 11-14-13 Page 5