Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, April 10, 2014 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey 1. CALL TO ORDER BY CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE): A regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, April 10th, 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, Toni DeRosa, Diane Driscoll, Timothy Blair Susan Niculescu, and Carl Hess ALSO PRESENT: Gary Hall, Board attorney Susan Blickstein, Planning Consultant and Frank Russo, Engineering Consultant EXCUSED: Kyle Wickman and Mike Lami 4. PLEDGE OF ALLEGIANCE The minutes were distributed to all Board members prior to this meeting for their review. There were no corrections made to these minutes. 5. MINUTES FOR APPROVAL – Special Meeting of March 27, 2014 The Resolutions were distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 14-001 Resolution granting variance application to Jeff & Ashley Perino, Block: 802, Lot: 8, 25 Seven Oaks Circle 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. There were minor corrections made to this Resolution. ZBA Regular Meeting – 4-10-14 Page 1 CASE NO. Z 14-008 Resolution granting variance application to Nelson Rodriguez & Katherine Candelo, Block: 5101, Lot: 2, 6 Seaman Street 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. 7. OLD 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, and 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. This application was started on March 27, 2014 and was carried to the May 8, 2014 agenda. 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 carried. At the request of the applicants this application will be heard at the May 8, 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 carried to the May 8, 2014 meeting. 7. NEW BUSINESS: CASE NO. Z14-005 Legacy Home Builders Block: 1105, Lot: 28 85 Park Avenue Applicant requesting (d) (4) variance to allow the floor area ratio limit to be exceeded for a proposed permitted new four unit multifamily residential structure as well as preliminary and final site plan ZBA Regular Meeting – 4-10-14 Page 2 approval with necessary (C) variances along with any related approvals on property in the CC (Community Commercial) Zone. Sam DeAngelis, Chiarlanzio and De Angelis, Attorneys began by introducing the applicants and reviewed the application. . B – 1 Letter from Frank Russo, Engineering Consultant,(EC) dated 12/11/13 B – 2 Memo from Frank Russo, EC, dated 3/3/14 B – 3 Memo from Frank Russo, EC, dated 3/26/14 B – 4 Memo from Susan Blickstein, Planning Consultant dated 3/314 A – 1 Revised Site Plan prepared by Andrew Clarke, Engineer rev. 3/17/14, 6 sheets A – 2 Architectural Plan, Sheets A-1, 2 and 3 prepared by Arthur Demarest Architects, dated 3/16/14 A – 3 Landscape Plan prepared by Jerry Sinegra, dated 2/14/14 PT-1 John Novalis, Owner and Andrew Clarke, Engineer were both sworn in and Mr. DeAngelis began by interviewing him regarding projects that he performed in the past. Mr. Novalis worked with both the engineer and architect on this project. He evaluated the area in question and decided on the design which is being presented this evening. He believes this proposal would be perfect for this location. A – 4 Color Photo of Proposed Building The building is considered a Second Empire Architecture style, with a mansard style roof. The house contains four units, two on first floor and two units above with a partial unit on the 3rd floor an extension of the units on the second floor. He stated this is not considered a 3rd story because it is below 5 feet and no egress windows. Mechanical units will be located also on the 3rd floor. Storage will be provided in the basement for all the units. He also stated all units will be utilized as rental units. An exterior location in the rear of the building will be utilized for garbage and a contractor will be contracted to dispose of the garbage. Susan Blickstein, PC questioned the “bonus rooms” and how they can be restricted from being used as bedrooms. The Board and Ms. Blickstein agreed that this would be impossible to restrict. Mr. Novalis explained how this level will be constructed. Ms. Niculescu also had a problem with this level. Mr. Novalis stated that the parking was taken into consideration and began by allowing 8 parking spaces on site. If required, the applicant will install a trap door to access the roof. Frank Russo, Engineer asked if any of the applicant’s projects in Madison are multi-family units, Mr. Novalis answered no. There being no further discussion from Mr. Novalis, the public was given the opportunity to ask questions. There being none, the new witness was brought forth. Mr. Andrew Clarke, Engineer was accepted as a qualified witness. He reviewed the existing site and what is being proposed for the site. Sheet 2 of 10 was reviewed, it is a Survey of the existing conditions shortly after the fire. A two story, multi family dwelling had existed, with a 3 car garage. In between was paved and a large stone area near the garage. The site drains from Park Avenue towards the rear. There is also drainage on Loveland Avenue and newer inlets on Park Avenue in front of the site. Sheet 3 of 10, shows the concepts of development. The development began with the parking and the architectural design is driven from the parking design. There is an entrance from the parking area in the rear and at the side a waste and recycling area will be located. Typical board on board fencing most likely will be used for construction. Ms. Blickstein suggested something more ZBA Regular Meeting – 4-10-14 Page 3 decorative rather than the board on board. Mr. Clarke will return with the specifications and colors of the fencing. Mr. Clarke stated the applicant has considered the water runoff from the building which will be directed to a drywell. There is an inlet in the rear of the property which leads to the drywell. There will be a provision for a sump pump in the basement. The Lighting Plan, Sheet 5 of 10. A lighting consultant from Chatham was contacted and put together the plan. The applicant is ameniable to whatever fixtures the Board prefers. There will be lighting for the doorways and will be recessed. These will be depicted on the Lighting Plan at the next meeting. Mr. Santoro suggested lighting on the side of the building for residents walking in that area. A timer would make sense for the lighting on the building. A 4 foot fence in the rear in the parking lot to keep the headlights from disturbing the neighboring home was discussed. Mr. Clarke now reviewed Mr. Russo’s letter dated March 26, 2014. Number 1 has been reviewed, Mr. Clarke stated he agrees with all of the modifications in his letter. The large tree was discussed as to whether it should be preserved. The Planting Plan was discussed. Ms. Blickstein asked Mr. Clarke to look at planting several street trees and compare the Plan with the streetscape. Mr. Santoro asked Mr. Clarke to check the area near the garage and he stated it is just a “mess”. The owner of the abutting property will be contacted and the applicant can work with them. A note should be added to the Plan for the irrigation of the proposed plantings. Azak synthetic trim and hardi-plank siding are going to be used as construction materials for the exterior of the building. The exposed foundation will be brick with an asphalt shingle for the roofing. The applicant plans to have contracted snow removal personnel for the site. The public was now given the opportunity to ask questions of this witness. There being none, Mr. DeAngelis continued stating that was it for this evening. The application will be continued on May 8, 2014 with an additional witness. Mr. DeAngelis stated he will review all suggestions and comments made by the Board with the applicant. The application will be carried to the next meeting on May 8, 2014. A break was taken at 9:02 and the Board members returned at 9:12 pm. CASE NO. Z 14-006 Jayneil Shah Block: 1203, Lot: 23 7 Elm Street Applicant is requesting the demolition of an 2‐Family Residence in an R‐5 zone and construction of a 2‐Family Residence requiring variance of Minimum Front Yard Setback, Minimum Front Yard Setback, Side Yard setback (Left), Side Yard setback (Right), Rear Yard setback, Maximum Building ZBA Regular Meeting – 4-10-14 Page 4 Stories Maximum Principal Building Coverage, Maximum F.A.R., Driveway Setback, Maximum Impervious Lot Coverage and Principal Permitted use of 2‐Family in an R‐5 Zone. This application will be carried to the next meeting in May 8, 2014. 8. OTHER BUSINESS – 2013 Annual Report Discussion Gary Hall discussed also several items that were added to the Annual Report and also the changes which he made to the Report. He did compose a Draft Resolution. Fencing was discussed as part of the changes to the Annual Report. Specific language added to the fencing issue was discussed and this will be changed. The sound from the air conditioning units was discussed. There were no other changes suggested. A voice vote of aye was heard from all attending Board members in adoption of the Resolution. 10. ADJOURNMENT: The meeting was adjourned at 9:35 pm with a motion made by Mr. Blair and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 4-10-14 Page 5