Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, Monday, December 16, 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 special meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, Monday, December 16, 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: On November 4, 2013 at a meeting held by the Borough of Madison Zoning Board of Adjustment, a special meeting was scheduled and the notice 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. PRESENT: Mr. Santoro, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Blair and Mr. Hess ALSO PRESENT: Gary Hall, attorney for the Board EXCUSED: Mr. Wickman and Mrs. Driscoll 4. PLEDGE OF ALLEGIANCE: The following minutes were distributed all Board members prior to this meeting for their review. 5. MINUTES FOR APPROVAL - Regular meeting of November 14, 2013 There was one correction made to the minutes. A voice vote of aye was heard from all eligible voting Board members The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or corrections to the following Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as submitted. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 13-044 Resolution granting variance application to Neil & Leslie Rohrbacker, Block: 907, Lot: 2, 3 Knollwood Avenue to construct a Covered Front Porch, Rear 2 Story Addition, ZBA Special Meeting 12-16-13 Page 1 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. CASE NO. Z 13-045 Resolution granting variance application to Fred & Leslie D’Ascoli, Block: 3401, Lot: 16, 79 Green Village Road 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. CASE NO. Z 13-049 Resolution granting variance application to Mary & David Carson, Block: 4315, Lot:24.02, 14 Drew Place to construct a 1 Story Enclosed Porch in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage. 7. OLD 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 JANUARY 9, 2014 MEETING. 8. NEW BUSINESS: CASE NO. Z 13-050 Timothy & Caitlin Fitzsimmons Block: 4101, Lot: 1 254 Woodland Road Applicants are seeking permission to construct a 1 Story Addition, Detached 2 Car Garage, Bluestone Walkway, Modifications to the Existing Driveway and the Removal of Existing Driveway in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. David Rosen, Architect and the Fitzsimmons were sworn in and the following exhibits were marked: B–1 Letter of Denial dated 10/17/13 from the Borough of Madison Deputy Zoning Officer, Mr. Dan Buckalew. A–1 Survey copy, prepared by John Ritt, dated 8/22/11 A–2 Plans prepared by David Rosen, Architect, dated 10/15/13 A – 3 to 5 Photos dated 11/25/13 ZBA Special Meeting 12-16-13 Page 2 A–6 Z-1 Plan, colored A–7&8 Drawings Mr. Fitzsimmons began by explaining that the purchase of the home was to house himself, his wife and 3 children. The home needs expanding to accommodate his growing family. The integrity of the initial design will be kept and the interior infrastructure will be updated. Mr. Fitzsimmons believes Mr. Rosen’s design will have minimal impact on the surrounding neighborhood. Mr. Rosen began his testimony by describing the photo of the front of the home. The home has a long driveway with a loop and goes into the rear of the home where there is a garage. The garage is built up against a wall and Mr. Rosen wants to relocate the garage and a family room will be located where the garage presently exists. The current mud room will be made into a breakfast area and the addition will house the mud room. The impervious coverage of the easement the neighbor will be reduced by 300 square feet. Mr. Rosen then reviewed the existing interior plan depicting the renovation in several rooms. The addition does not cause any variances, however, the driveway will be rerouted and will go diagonally behind the house. There presently are no drywells on the property and the applicant proposes to install a them. The driveway will increase by 550 square feet, and 600 square feet will be added to the house. Walkways and patio will increase by 150 square feet. A new option for the driveway was discussed which would take the egress to Prospect Street, however, the Historic Preservation Commission did not agree with this proposal. The view of the garage is screened both from Woodland Avenue and Prospect Street by shrubs and greenery. Mr. Rosen stated that the additions and improvements to the home will allow it to be aesthetically pleasing to neighbors. Mr. Santoro was concerned with rainwater going into the neighbor’s yard and suggested some curbing along the driveway. Mr. Rosen stated that his intent is to capture all of the roof and dispose of it on the property and into drywells. Mr. Rosen and the applicant committed to take the 28.1% runoff from the storm-water management system, and reduce it to conform to 20% impervious coverage. Mr. Rosen stated that the applicant will work with the Borough Engineer and follow his recommendations. The Board had no further questions or comments. There being none, the public was given the opportunity to ask questions or make comments as follows: Fred Huening, 250 Woodland Road stated he sent a letter to Mr. Vogel to verify and clarify the easement that was given to the prior owner. Mr. Hall explained what the easement permits and gave his opinion that the owners cannot claim the property as their own. Mr. Hall suggested that Mr. Ewing contact his attorney. There being no further questions or comments from the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. ZBA Special Meeting 12-16-13 Page 3 A motion to approve the application as presented with the conditions discussed 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, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. CASE NO. Z 13-051 Gregory & Lauren Phalin Block: 4702, Lot: 12 5 Noe Avenue Applicants are seeking permission to construct a Rear Dormer Addition in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback Mr. Gregory Phalin and Steve Majewsky, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 10/28/13 from the Borough of Madison Deputy Zoning Officer Mr. Dan Buckalew. B – 2 Copy of prior variances dated 3/21/05 and 12/20/05 A – 1 Plans prepared by Majewsky Jones, Architects A – 2 Photos of home in 1950 and changes in 2005 A – 3 Photo board of views of the home A – 4 Tax Map, page 47 and 48, neighboring homes Mr. Phalin began by explaining why and when he bought the property and the last changes that were made to the property. He stated that the upstairs area had been proposed as an additional bedroom. Mr. Majewsky then continued the testimony by describing his last changes that were made in 2005. He stated that the neighborhood changed since 2005 and many of the homes changed similar to the Phalin’s changes. A bedroom will be removed from one floor and added to the third floor. Mr. Majewsky reviewed the first, second and third floors and explained what is being proposed. He reviewed what took place in 2005 and what variances were requested. He continued by describing the changes that will be made to the roofline with the extension. He believes that this addition will be aesthetically pleasing to all neighboring homes. Mr. Majewsky then took A-4, Tax Map and reviewed all the lots in the area and their sizes. There being no questions or comments from the public, 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 Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. ZBA Special Meeting 12-16-13 Page 4 Wendy Hoyt Block: 4004, Lot: 12 14 East Lane Applicants are seeking permission to construct a (1) 2 Story Addition, (2) 2nd Story Additions, Roof over Existing Deck, Roof over Existing Front Porch, Expansion of Driveway and Condenser Unit in an R-2(Single-Family Residential) Zone requiring relief from Minimum Front yard Setback, Minimum Right Side Yard Setback, Minimum Left Side Yard Setback, Maximum Principle Building Coverage and Maximum Impervious Lot Coverage. Wendy Hoyt, John Kovack and Janet Siegal, Architect were sworn in and the following exhibits were marked: B -1 Letter of Denial dated 11/12/13 from the Borough of Madison Deputy Zoning Officer, Mr. Dan Buckalew A – 1 Survey Andrew Clark, 11/04/13 A – 2 Plans prepared by Janet Siegel, Architect A – 3 Photo and drawing of front view of home A – 4 Tax and Aerial Map Ms. Hoyt began by explaining why the addition is needed for their growing family. Ms. Siegel began by describing that the right side of the property is non-conforming. She continued by describing the garage. She reviewed the variances being requested. The existing garage proposed will be extended 10 feet back from where the present garage is located. She reviewed the first floor of the home which presently has one bath. A powder room will be added. The second floor was reviewed and she stated this floor is where most of the changes will be made. She now reviewed the front and rear elevation of the home and depicted the location of the addition. She then reviewed the tax map and pointed out several of the homes with front facing garages. She reviewed the homes with similar low front second story in the area. She stated the design remain in scale with the homes in the area. There is a storm water drain on the property, however, the Borough has no record of this system. Ms. Siegel believes the proposed addition will allow the home to be more comfortable for family living. Mr. Santoro was concerned with the position of the driveway. Ms. Siegel explained the reasoning for this position and a discussion took place regarding the alignment and positioning of cars. The public was given the opportunity to ask questions and make comments as follows: Ted Ryan, East Lane, gave his support for the applicant stating the applicants have done a great job with this project. He was concerned about his ability to obtain any variance due to the proximity of the two homes. He was assured there would be no problem for him. ZBA Special Meeting 12-16-13 Page 5 There being no questions or comments from the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the storm water plan be reviewed by Mr. Robert Vogel, Borough Engineer as to whether the drywell is appropriate and if needed, an easement is should be requested. A motion to approve the application was made by Mr. Santoro and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess CASE NO. Z 13-053 Ron Bartz Block: 1110, Lot: 11 60 Myrtle Avenue Applicant is seeking permission to construct a Deck in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Coverage. Ron Bartz was sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 11/12/13 from the Borough of Madison Deputy Zoning Officer, Mr. Dan Buckalew. A – 1 Survey with outline of deck A – 2 Survey copy A – 3 Unlabeled document Mr. Bartz began by explaining that he purchased the home next door, 62 Myrtle. He reviewed the changes that he has made to the home. He stated he recently removed a fire escape in the rear of the home. The deck will be constructed on the fire escape pad in this location. The deck is 308 square feet and will lie on macadam and the impervious coverage will not change. Mr. Bartz explained that his deck will not affect the flow of the water on his property and this street. He stated that he presently has no water issues. There will be steps to the deck. There being no questions or comments from the public, the Board began their deliberation. The consensus of the Board was to approve the application. 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. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess ZBA Special Meeting 12-16-13 Page 6 CASE NO. Z 13-054 Thomas Haralampoudis Block: 3804, Lot: 2 64 Pomeroy Road Applicant is seeking permission to construct (2) 1 Story Additions, (1) 2nd Story Addition, (1) 2 ½ Story Addition, Front Covered Porch, Rear Yard Patio, and Expansion of Existing Driveway in an R-2(Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Residential Driveway Width. Nino Coviello, attorney representing Thomas Haralampoudis introduced Mr. David Zimmerman. , Mr. David Zimmerman, Planner was sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 11/13/13, revised 11/19/13 by Mr. Dan Buckalew, Deputy Zoning Officer, Borough of Madison A – 1 Variance Plan dated 11/14/13 prepared by Rusty Schommer, Engineer A – 2 Architectural Plans, dated 11/12/13 A – 3 Topographic Survey dated 10/21/13 Mr. Coviello stated that Thomas and Loren Hagerstrom, 6 Dogwood (Lot 32) filed a complaint. A resolution was agreed upon today at a meeting with the neighbors. A – 4 Colored Version of Schommer Variance Plan Mr. Zimmerman referred to A - 4 and continued by describing the property and what presently exists on the property, which is a small one-car garage. A second garage is proposed to be added. There are also additions to the dwelling itself. The property has several pre-existing infringements to the front yard setback. Mr. Zimmerman depicted the locations of the proposed additions to the home. The second variance is for the driveway which is greater than 40 feet, greater than what is allowed. The neighbor has a concern with the driveway. Mr. Zimmerman met with Mr. Schommer this afternoon and the result of the meeting was that an island should be proposed (8’ x 6’ wide) between the two driveways which would address the concerns of the neighbor. This proposal was discussed with the neighbors (Hagerstroms) and they were satisfied with the proposed island which also would be landscaped. Mr. Zimmerman believes this solution will work for the property owner and neighbor. Mr. Hall questioned why a new garage was not proposed. Board members suggested different scenarios to the design of the garage. Shrubs are proposed for the island. The applicant agreed to landscape each side of the driveway area as per Mrs. DeRosa’s recommendation. 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 ZBA Special Meeting 12-16-13 Page 7 the application with the changes discussed. 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: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess 9. OTHER BUSINESS: No Other Business 10. ADJOURNMENT: The meeting was adjourned at 11:10 with motions made by Mr. Lami and seconded by Mr. Blair. Respectfully submitted Lorraine Sola Recording Secretary ZBA Special Meeting 12-16-13 Page 8