Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, March 13, 2014 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey. 1. MEETING CALLED TO ORDER BY CHAIRMAN 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE): A regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, March 13, 2014 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, N.J. Joseph Santoro, Chairman opened the meeting and requested the reading of the public 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 9, 2014, the Board, by resolution adopted a schedule of meetings. On January 13, 2014, a copy of the schedule of meetings was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial, 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, Ton DeRosa, Diane Driscoll, Timothy Blair Susan Niculescu, Carl Hess, and Kyle Wickman ALSO PRESENT: Keith Loughlin, Attorney covering for Gary Hall EXCUSED: Mike Lami 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. 5. MINUTES FOR APPROVAL – Reorganization meeting and Regular meeting of January 9, 2014 and Special meeting of January 13, 2014 There were two minor changes made to the three sets of minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members prior to this meeting for their review. CASE NO. Z 13-057 Resolution granting variance application to Mark Pezzuto, Block: 4315, Lot: 20, 10 Douglas Avenue to construct a 2nd Story Addition, Front Covered Porch, Rear 2nd Story Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Prevailing), Minimum Side Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. ZBA Regular Meeting – 3-13-14 Page 1 CASE NO. Z 13-036 Resolution granting variance application to TIRO Associates, LLC, Block: 1803, Lot: 16, 134 Main Street for (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. The Tiro Associates Resolution had two minor corrections; the adoption dates and the misspelling of the name Cody to Codey which Keith Loughlin will relay to Gary Hall to make his changes. A voice vote of aye was heard from all eligible voting Board members in approval of both Resolutions GUEST SPEAKERS: Dr. Susan Blickstein. Borough of Madison Board Planner Ms. Blickstein explained her task as Borough Planner which involves the Master Plan, Borough Ordinance issues and working side by side with both the Planning and Zoning Boards. She applauded both Boards for their tireless commitment to the Borough of Madison. Mr. Steve Tombalakian Planning Board Chairman Mr. Tombalakian did a brief review of what type of applications are brought to the Planning Board for their review. He stated that he appreciate the work that the Zoning Board does and applauds them for their decision making and service. Astri Baillie, Council Member – Thanked everyone for being invited and appreciates both Boards service for the Borough. Master Plan, Planning Board and topics as relating to Zoning Board of Adjustment decisions. 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. Mr. James McGrath, West End Avenue, Madison was sworn in and the following exhibits were marked: A – 1 Elevation Plan He began by describing the fire escape and patio which he plans to install. This home presently is a two family home and he believes the fire escape will be required when he applies for a Use Variance to make the home into a three family. ZBA Regular Meeting – 3-13-14 Page 2 That Board’s recommendation was to combine the fire escape approval with the Use Variance when that application is presented to the Board. Mr. Santoro reviewed several other issues which the applicant must address when he seeks the Use Variance at another date. CASE NO. Z 13-056 Jan Marks Block: 3802, Lot: 8 34 Prospect Street Applicant is seeking permission to construct a 2-1/2 Story Single Family Dwelling with an Attached Two (2) Car Garage, Open Front Porch, Front Walkway and Driveway in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Set Back – Prospect Street (Modified), Minimum Front Yard Setback – Keep Street (Modified), Minimum Rear Yard Setback, Maximum Principle Building Coverage, Maximum Impervious Lot Coverage. Mr. Jan Marks and Alan Andreas, Architect, were sworn in and the following exhibits were marked: A – 4 Cover Sheet of Plans A – 5 Site Plans prepared by Alan Andreas, Architect Mr. Andreas began by distributing a new set of revised plans. There were four main issues that had to be addressed with this application as follows: The homes proximity to Keep St neighbors The site line on Keep Street The massiveness of the building And the screening to the neighbor on Prospect. 1. Proximity to Keep Street – the home was reduced by 2 feet to accommodate the close proximity. The turnaround was removed from the driveway 2. The Landscape Plan shows an addition of trees in the rear yard for screening 3. Site Line Along Keep Street – reversal of garage roof which reduces the massive 4. A full frontal porch has been added to reduce the massiveness 5. A retaining wall was added on the left hand side to straighten out the slope and reduce the massive look in the front of the home. 6. Leland Cyprus are planned to screen the neighbor downhill. Mr. Andreas now reviewed the variances which are being sought keeping in mind the changes that were made to the plans and how the changes affect the application. He stated that he hopes the Board will accept the changes that were made from the original application. The public was given the opportunity to question the applicant. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as revised. A motion to approve the application as revised was made by Mr. Blair and seconded by Mrs. DeRosa . A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Blair and Mr. Wickman ZBA Regular Meeting – 3-13-14 Page 3 8. NEW BUSINESS: CASE NO. Z 14-001 Jeff & Ashley Perino Block: 802, Lot: 8 25 Seven Oaks Circle Applicants are seeking permission to construct a (2) 2 Story Rear Additions with a 2nd Story Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left), Maximum Principal Building Coverage and Minimum Rear Yard Setback. Applicants have asked to carry the application to the March 27, 2014 special hearing. CASE NO. Z 14-002 Christopher Monaco Block: 3901, Lot: 42 18 Fen Court Applicant is seeking permission to construct a 2 Story Addition, Deck and Expansion of Existing Driveway in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Mr. Christopher Monaco was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Construction Official dated 1-17-14 A – 1 7 Photos of the interior of the home, front entry and kitchen Mr. Monaco began by explaining what this application entails. He plans to enlarge the galley kitchen into an eat-in-kitchen. The driveway will be expanded in the future. The lower floor is kitchen and DR, however, the applicant plans to make both of these into one large kitchen. This floor also contains a living room and one bedroom. The 10x19 addition will be added to that area. The second floor has two bedrooms and with the addition two more bedrooms and a large closet is planned for this floor. The garage will remain as it presently exists. It has a front and rear door. The public was given the opportunity to question the applicant. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as revised. A motion to approve the application as revised was made by Mr. Poeter and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Blair and Mr. Wickman CASE NO. Z 14-003 Daryl Bryant Block: 901, Lot: 10 109 Greenwood Avenue Applicant is seeking permission to construct a Detached Garage, Paver Patio, Driveway Expansion and 2 Platforms/Steps off Rear of the Existing Principal Dwelling in an R-3 (Single-Family Residential) ZBA Regular Meeting – 3-13-14 Page 4 Zone requiring relief from Minimum Side Yard Setback (Accessory Structure), Maximum Accessory Building Floor Area and Maximum Impervious Lot Coverage. Daryl Bryant was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Construction Official dated 12-30-13 A – 1 Row 1 of Photos – Interior of home A – 3 Ext of home where garage will be located A – 4 Location of proposed structure Mr. Bryant began by describing his reason for the expansion. The two car garage will be turned into a family room for his growing family. The new proposal will contain a deck which will reduce the impervious coverage. The house was recently renovated, however a detached garage is planned which will match the home. Several other homes do have detached garage in the neighborhood Mr. Bryant reviewed the drainage which the home presently has. The Board questioned the extra width of the accessory building (garage) he stated it will be used for storage. A – 5 Plot Plan Mr. Santoro asked the applicant to review his storm water plans. He stated that a drywell will be installed in the rear of the home. One drywell presently exists which was installed for a previous addition. A deck will be located on the left side of the garage, 2.5 feet in height, however, it is not part of this application. A 22x36 patio is also planned. Mr. Santoro suggested that the patio be reduced to reduce the impervious coverage. The applicant stated he would forego the patio. Mr. Loughlin suggested that the applicant return with a revised plan. CASE NO. Z 14-004 David & Donna Cummings Block: 4203, Lot: 7 302 Woodland Road Applicants are seeking permission to construct a 2nd Story Addition, 1 Story Attached Garage Addition, 1 Story Front Foyer Addition, (2) Front Porch Areas, Front Bay Window and Front Walkway in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. Mr. and Mrs. Cummings and Alan Andreas, Architect, were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Construction Official dated 1-17-14, rev 1-20-14 A – 1 Cover Sheet A – 2 A – 1 of Plan A – 3 A – 2 of Plan A – 4 A – 3 of Plan A – 5 A – 4 of Plan A – 6 Photos 1 - 8 Mr. Andreas began by discussing the reasons for the renovations that are being requested. ZBA Regular Meeting – 3-13-14 Page 5 Two variances are being requested. He stated that the applicant has 5 children and needs to enlarge the home to accommodate this growing family. The first floor needs a new entranceway, the present entry does not have a covered area for arriving guests. The client insists on keeping the single story look similar to other homes on the street. The garage will also be expanded to allow for storage. The attic area will be utilized as a bonus room. The applicant plans to raise the roof which will remove the peak which presently exists. The dining room will be moved to the existing living room. The area is very cramped and this addition will allow for a better flow in the home for this large family. The public was given the opportunity to question the applicant. 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 as revised was made by Mrs. DeRosa and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Blair and Mr. Wickman 9. OTHER BUSINESS – 2013 Annual Report Discussion– Mr. Santoro stated he would like to review the Annual Report when Gary Hall is available at the next meeting. He suggested that Board members think of items to be discussed for the Annual Report on March 27th. Mr. Santoro continued with a discussion regarding Borough Ordinances, upcoming applications, and Board members’ opinions. 10. ADJOURNMENT- The meeting was adjourned at 9:50 with motions made by Mrs. DeRosa and seconded by Mr. Blair. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 3-13-14 Page 6