Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, March 27, 2014 at 7:30 P.M., Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey 1. MEETING CALLED TO ORDER BY CHAIRMAN 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE): A special meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, March 27, 2014 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 its regular meeting held by the Borough of Madison Zoning Board of Adjustment on March 13, 2014, this 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. ROLL CALL PRESENT: Joseph Santoro, Ronald Poeter, Mike Lami, Susan Niculescu, Carl Hess, and Kyle Wickman ALSO PRESENT: Gary Hall, attorney EXCUSED: Toni DeRosa, Diane Driscoll and Timothy Blair 4. PLEDGE OF ALLEGIANCE The minutes listed below were distributed to all Board members for their review prior to this meeting. There were several minor corrections. A voice vote of aye was heard from all eligible voting members in favor of these minutes. 5. MINUTES FOR APPROVAL: Regular meeting of March 13, 2014 The following resolutions were distributed to all Board members for their review prior to this meeting. There were no corrections made to any of the resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the resolutions. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 13-056 Resolution granting variance application Jan Marks, Block: 3802, Lot: 8, 34 Prospect Street 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. ZBA Special Meeting – 3-27-14 Page 1 CASE NO. Z 14-002 Resolution granting variance application to Christopher Monaco, Block: 3901, Lot: 42, 18 Fen Court 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. CASE NO. Z 14-004 Resolution granting variance application to David & Donna Cummings, Block: 4203, Lot: 7, 302 Woodland Road 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. 7. OLD 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, Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Construction Official dated 1/6/14 and rev 3/10/14 A – 1 Plans prepared by Alan Andreas, Architect, dated 11/4/13 rev. 3/10/14 A – 2 Survey copy dated 12/30/13 A – 3 Revised cover sheet A – 4 Plans prepared by Alan Andreas, 11/4/14 and 3/10/14 with revised cover sheet Mr. and Mrs. Perino and Alan Andreas, Architect were sworn in and Mr. Andreas distributed a revised cover sheet and explained the difference between the old and the new cover sheet. Mr. Andreas began by giving a brief history of the family unit and stated that they approached him to do some renovations to their home. He looked at it in several ways; ie adding another level that would make a 3 story building that would not fit into the neighborhood. A rear two story addition was agreed upon and would best fit the applicant’s needs. On the first floor several bedrooms were renovated, and the flow was changed to allow for more living space. Mr. Andreas continued by reviewing the variances that are being requested one by one explaining why each one is required. The rear of the property has numerous trees and shrubs which provide screening from the rear neighbors. The impervious coverage is being increase by 2.21% due to the construction of the rear decking system. A drywell will be installed to collect any of the water which will be captured from the drains and roof. Two drywells presently exist and a new one will be installed. The applicant has no objections to running pipe along the back right hand corner to a drywell. ZBA Special Meeting – 3-27-14 Page 2 There being no further questions from the Board, the public was given the opportunity to either 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 as presented with the condition that the south side of the property has piping to a drywell and all roof and gutter leaders go the drywells, was made by Mr. Lami and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, Mr. Wickman and Mrs. Hess. 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. This application was started on March 13, 2014 and adjourned by the applicants in order to submit revised plans to the Board. No action will be taken at the March 27, 2014 meeting. 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) Zone requiring relief from Minimum Side Yard Setback (Accessory Structure), Maximum Accessory Building Floor Area and Maximum Impervious Lot Coverage. This application was started on March 13, 2014 and adjourned by the applicants in order to submit revised plans to the Board. No action will be taken at the March 27, 2014 meeting. 8. NEW BUSINESS: CASE NO. Z 14-007 Prat & Kerry Patel Block: 4601, Lot: 21 8 Park Lane Applicants are seeking permission to construct an Expansion of Front Stepping Stone Walk, Front & Side Driveway with Retaining Walls, Rear Patio with BBQ, Pool Patio with Retaining Walls, Relocation of Existing Shed, Pool Equipment and Generator in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Construction Official, dated 2/7/14 A – 1 Lot Development Plan dated 3/5/13 A – 3 Site Plan, dated 2/27/14 A – 3 Copy of survey, prepared by Tower and Associates, 12/5/11 Mr. and Mrs. Patel were sworn in and began describing their home and what changes have been made to the home since they purchased it. David Varnell, Kelly and Varnell, Landscape Architects was sworn in and began by explaining ZBA Special Meeting – 3-27-14 Page 3 why the applicant contacted him and stated that the original plans were missing some important details and not beneficial to the applicant and their neighbors. He began with the driveway and the turnarounds, also the walkways that were originally planned and the changes that he made to them. The paving around the terrace has been changed to a lesser amount of paving. Several plant beds are proposed to assist in the drainage in the rear of the property. Mr. Patel explained that the driveway was re-planned for safety reasons for his children due to the steep slope. Matthew Rosenbaum, Architect was sworn in and gave his credentials and was accepted by the Board. He stated that the new application will have bluestone instead of pavers, bluestone being 100% pervious. The material change will decrease the impervious coverage. The house was approved, however, the pool shell was in another location and now will be relocated to the recreation area in the rear. Three very large drywells were installed and all water is directed to these wells. Mr. Rosenbaum stated that he conferred with the Borough Engineer regarding the drywells and the water runoff. He stated the applicant would be happy to submit a plan to the Borough Engineer for his approval before the work commences. Mrs. Niculescu asked Mr. Rosenbaum if there is a hardship. He gave the topography as the hardship, ie slope. Mr. Hall gave his input as to what took place prior and what has been added and why the Board is taking issue with this application. Mr. Santoro also gave his input along the same lines as Mr. Hall and believes more work has to be done to reduce the impervious and building coverages. Mr. Rosenbaum did agree and appreciates the input the Board has given to the applicant to receive approval. The public was given the opportunity to ask questions as follows: Russell Cohen, Park Lane stated that when it rains hard, if the water is not caught by the sewers, it goes down to his property. Bill Bigelow, 1 Park Lane applauded the Town with the way they are handling this application. Mr. Patel discussed curbing on the street and believes this would be helpful to the area. Mr. Santoro stated the Landscape Architect can confer with the Shade Tree Commission. May 8th would be the next regular meeting to present the Patel’s application. CASE NO. Z 14-008 Nelson Rodriguez & Katherine Candelo Block: 5101, Lot: 21 6 Seaman Street Applicants are seeking permission to construct an Unenclosed Front Porch, 2 Story Addition, Removal of Existing Shed, Removal of Portion of Existing Asphalt Driveway, 2 Condensers and 1 Generator in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right) and Maximum Principal Building Coverage Katherine Candelo and Mr. Simcox, Planner, were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Construction Official, dated 2/7/14 A – 1 Copy of survey dated 2/18/12 prepared by Schmidt Surveying A 2 Plans prepared by Simcox Associates, dated 2/12/14 ZBA Special Meeting – 3-27-14 Page 4 Ms. Candelo began by describing the changes that are being requested to her home and the limited space for a growing family. Mr. Simcox began by reviewing the changes that are being requested. The house is located ½ block from a commercial zoned area. The side-yard setback is minimal, 3 plus feet. The building coverage request is 50 feet or less which will create the space that is needed. The runoff from the location will be reduced. The impervious coverage is being reduced from 40 to 25 percent. The paving existed when the applicant purchased the home and will be removed. The retaining wall and bushes which exist are on the applicant’s property. They are very close to the neighboring home. Mr. Simcox agreed with Mrs. Niculescu’s question and she believes that the retaining wall and bushes should not be changed. 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 Mr. Wickman and seconded by Mrs. Niculescu. A roll call was requested and recorded as follows: AYES: Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro, Mr. Wickman and Mr. Hess. Mr. Santoro mentioned some literature that was distributed to all Board members for their review. He believes this should be read and is very informative. 9. OTHER BUSINESS: 2013 Annual Report Mr. Hall prepared a Draft Annual Report and Mr. Santoro thanked him for doing so. Mr. Santoro asked Mr. Hall to include a note stating the percentage of applications. Mr. Hall stated that he discussed Storm-water changes with Frank Russo, Borough Consulting Engineer. These changes will apply to both Zoning and Planning Boards. A conversation continued regarding drywells and requirements that should be included in the ordinances when there are expansions of 400 sf of roof and also 400 sf of impervious coverage. Mr. Hall stated that more technical issues be explored to include in the ordinances when storm-water issues are being presented to the Boards. Mr. Santoro gave his input as to what language should be submitted to Robert Vogel for his consideration to include in engineering requirements for applicants regarding storm water. The conversation continued at length. A system where credit could be given to applicants who submit a storm water management plan and this credit system should be devised by a professional. Mr. Hall will discuss this with Robert Vogel. Generators were the next item on which to focus. The hours to be tested, where to be located and their surroundings. Curb cut issues were briefly discussed. Fences, with regard to their design, their height, size, how they are measured and where they can be erected. This topic should be made clearer for applicants to understand. ZBA Special Meeting – 3-27-14 Page 5 The Borough should hire a code enforcement officer as per the Board’s suggestion was discussed. The R-5 Zone, Multi-family dwellings was also discussed. 10. ADJOURNMENT: The meeting was adjourned at 10:38 pm by motions made by Mr. Lami and seconded by Mr. Poeter. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting – 3-27-14 Page 6