Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, May 8, 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, May 8, 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, Mike Lami, Diane Driscoll, Timothy Blair Susan Niculescu, Kyle Wickman and Carl Hess ALSO PRESENT: Gary Hall, Board attorney Susan Blickstein, Planning Consultant and Frank Russo, Engineering Consultant EXCUSED: 4. PLEDGE OF ALLEGIANCE The minutes were distributed to all Board members prior to this meeting for their review. There was one word left out on page 3, 2nd to last paragraph. A voice vote of aye was heard from all Board members in approval of the minutes as corrected. 5. MINUTES FOR APPROVAL – Regular Meeting of April 10, 2014 6. RESOLUTIONS FOR MEMORIALIZATION: 7. OLD 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 approval with necessary (C) variances along with any related approvals on property in the CC (Community Commercial) Zone. Mr. DeAngelis introduced himself and stated that his applicant had appeared in April. He stated since the last meeting the applicant had his plans revised. Andrew Clarke, Engineer, was the first witness to testify with with revised plans dated 4/2/14. The following exhibits were marked: A – 5 Letter from Mr. Clarke, dated 4/24/14 ZBA Regular Meeting 5-8-14 Page 1 A–6 Plans rev. 4/2/14, SP1 through SP6 A–7 Architectural Plans, rev. 4/14/14 A–8 Shade Tree Commission Letter A–9 Letter from the Sign and Façade Committee, dated 4/24/14 B – 5 Letter from Mr. Russo, Engineer, dated 5/2/14 B – 6 Letter from Susan Blickstein, Planner Mr. Clarke, reviewed the revisions that were requested by the Board. The Bonus Rooms were removed and a drop down stairway will lead to the attic. The Site Plan was revised by adding fencing around the air conditioning units which will end at the parking area. It will be a solid fence, constructed of composite material and has lattice on the top, measuring 6 feet in height. Mr. Clarke indicated shrubs are planned along the fence. The sidewalk line was continued as part of the revisions. The Site Plan was revised with regards to the lighting. A more appropriate fixture was chosen (SP5), with 2 light bulbs. Mr. Clarke stated the spillage would not affect the adjacent home due to the neighbors bathroom windows are facing the lighting, not bedrooms. There are shields on the fixtures which will deflect the light inward. Susan Blickstein requested that fixtures in the southerly side of the home in the rear be reduced in wattage and Mr. Clarke agreed to do so. There is also a 10 pm light shutdown. It was agreed upon a .3 for the lighting in the southerly rear of the property. The impervious coverage was increased (7.4%) due to the paving material being used in the parking lot. The pine tree and maple tree near the street were reviewed by the Shade Tree Commission (STC). The large maple covers three properties and the STC approved removal of the tree. The applicant will request permission from the neighbors. Recommendations were made by the STC regarding the trees to be planted along the street. Trees in the front will be selected by the STC. A revised Landscaping Plan will be done and the Engineers office will review it. Mr. Clarke reviewed Mr. Russo’s letter and he responded to his questions and recommendations with solutions. The pickup of waste would be scheduled by the owner at convenient hours, twice a week with no interference to the cars parked near the containers. Recylables will be picked up at the same time as the waste. Operation and maintenance of the drywell will be handled. The Sign and Façade Committee met with the owner and a change of color was made to the home and the trim. There being no further discussion of the Board or witnesses, the public was given the opportunity to question Mr. Clarke as follows: Lisa Simonelli, 3 Loveland, Madison was concerned with the parking area and disturbance from car lights and noise with regards to her two bedroom windows. Mr. Clarke pointed out where the parking lot is adjacent to her home and the fence with shrubs to block light and noise. She asked why the garage is being torn down. He answered to make room for the parking lot. Mr. DeAngelis called Robert Michaels as his next witness. Mr. Michaels was sworn in and was approved as a Licensed Professional Planner in the State of New Jersey by the Board. A – 10 Series of photos, 7 and aerial photo, dated 3/21/14 prepared by Robert Michaels, Planner Mr. Michaels depicted the property on the Aerial Photo, and reviewed the 7 photos individually and what they represent. He stated each photo represents the surrounding uses in the area, which is mixed. He stated Park Avenue is classified as a secondary arterial road. He then reviewed the variances being sought and explained that multi-family is permitted in this zone. He used the surrounding dwellings to make comparisons with what is being proposed. He believes the proposed use and size of the home will not have an adverse impact upon the community with parking. Susan Blickstein asked Mr. Michaels to discuss the impervious coverage further. He explained why the paving materials are being recommended. He stated the stormwater management plan will aid in controlling runoff from the impervious coverage. Ms. Blickstein suggested that colored pavers be used in the parking lot to delineate parking spaces and will reduce the impervious coverage down to 65.6%. She was concerned with the light spillage which will be controlled. ZBA Regular Meeting 5-8-14 Page 2 Mrs. Driscoll suggested that only one bedroom units be constructed instead of two. Mr. Hall asked what other alternatives there may be. The Management will handle the scheduling of times of pickup of garbage. Joe Simonelli, 3 Loveland Street, asked to see a photo of the rear of the structure. Mr. Michaels showed him a rendering of the rear. He was concerned with flash flooding conditions. Mr. Clarke explained that the stormwater management program will handle this type of flooding. Mr. Clarke was finished and now the public was given the opportunity to make statements either for or against the application as follows: Lisa, Simonelli, 3 Loveland Street, stated she was concerned with her proximity to the parking lot and the noise which is emitted. She stated the homes which were used as comparisons have larger properties. Joe Simonelli, 3 Loveland Street, requested the fence be tapered off toward the driveway area. Mr. DeAngelis gave his summary and cleared up the issue of how this type of building was agreed upon. There being no further questions or discussion, the Board began their deliberation. The consensus of the Board was to approve the application with the following conditions: The lighting will be adjusted with Mr. Russo’s guidance, the 10 pm cutoff will be enforced, and the parking lot surface material will be reverted back to pavers. The landscaping along the fence will be coordinated with Mr. Russo and he will also provide calculations for garbage and recycling and how it should be managed by the housing management. A motion was made by Mr. Poeter and seconded by Mr. Blair to approve the application with the conditions listed. A roll call vote was requested and marked as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. Mr. Santoro stated that a Special Meeting is scheduled for May 29, 2014 and a voice vote of aye with two motions made by Mr. Blair and seconded by Mr. Poeter were heard in approval by all Board members. CASE NO. Z 14-011 Lisa Hux Block: 4601, Lot: 9 43 Park Lane Applicant is seeking permission to construct a Covered Front Porch, Bluestone Pad and Generator in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Lisa and Ned Hux were sworn in and Mr. Hux began by explaining why he and his family want to stay in Madison. He also explained what they are planning to do with the home to improve it for more space and to create some additional curb appeal. Mr. Hall stated that the Building Coverage Variance is not required. The following exhibits were marked: B – 1 Zoning Denial Letter from the Borough of Madison Construction Official, dated 2/24/14 A – 1 Plans, 6 sheets by John Van Lenten, Architect Mr. Hall stated the front porch is ok and does not need a variance, however, the generator cannot be located as planned and a new location will be needed. John Van Lenten, Architect was sworn in and explained that the pad will be removed and a pad for the generator will be relocated. The public was given the opportunity to question or make comment, there being none a motion to approve the application was made by Mr. Lami and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows AYES: Mr. Santoro, Mrs. DeRosa, Mr. Poeter, Mr. Lami, Mr. Blair, Mrs. Driscoll, Mr. Wickham and Mr. Hess. ZBA Regular Meeting 5-8-14 Page 3 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 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. A – 1 Architectural Plans, dated 12/6/13, revised 3/7/14, prepared by ASA Architects B – 1 Memo with Comments from Mr. Russo, dated 3/31/14 B – 2 Susan Blickstein Memo, 1/28/14 Mr. Shah and Alan Andreas, Architect were sworn in and Mr. Andreas began by explaining there was a mis- communication regarding their appearance at last month’s meeting and he apologized. Mr. Andreas explained that this project has changed from a renovation that did not require a zoning variance to a completely new building that does require variances because it was discovered once construction began that here were no footing. He stated this lot is irregularly shaped and with the required setbacks, and has no building envelope. The size of the lot is 3.7% of what it should be. Mr. Andreas stated when a new structure was decided upon, he believed that the two footprints of the home and garage should be combined into one building. By demolishing the building, 4 variances were eliminated. He continued by describing the layout of each floor. Each unit has three floors, and Mr. Andreas reviewed them individually. Susan Blickstein, stated she believes this plan is architecturally awkward. Mr. Andreas replied that the roof the slope was dictated by the height ordinance. He stated there are ways to mitigate this issue. Mr. Russo asked for an explanation and had issues with the calculations. The Board and both professionals suggested a one- family home be proposed. Susan Blickstein had requested that the applicant purchase a piece of property from a neighboring home. The owner of the adjacent property was present at this meeting. Mr. Andreas addressed Mr. Russo’s memo and replied to his comments. A – 2 Streetscape prepared by ASA Architects The Streetscape was part of Mr. Russo’s requests, Mr. Andreas continued replying to the items on his memo responding to them individually. Mr. Russo and Mr. Shah agreed to a Soil Testing if necessary. Mr. Andreas stated that a chain-link fence will be erected around the site to secure it. Mr. Hall stated that is not an issue with the Zoning Board of Adjustment. Susan Blickstein had issue with the driveway and the parking variance that is being requested. The Board and Ms. Blickstein believes this will cause overcrowding of cars. Mr. Santoro asked the Board to voice their concerns. All Board members were concerned with the parking. The public was given the opportunity to question the applicant and Mr. Andreas as follows: Jeff Wernsing, 15, 9 and 11 Elm Street, asked questions of Mr. Andreas and the applicant. He asked how the existing building will be demolished. Mr. Andreas stated he would put it in a hole and it will not disturb the neighbors’ properties. Mr. Wernsing is concerned with the close proximity of the house. Mr. Santoro requested that the applicant return with the changes suggested by the Board and return at the June 12, 2014 meeting. The Revised Plans should be submitted to the Borough two weeks prior to the meeting. CASE NO. Z 14-003 Daryl Bryant Block: 901, Lot: 10 109 Greenwood Avenue ZBA Regular Meeting 5-8-14 Page 4 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. At the May 8, 2014 meeting, this application will be carried to the May 29, 2014 meeting. 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 June 12, 2014 meeting. 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, a 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 carried. At the request of the applicants this application will be heard at the June 12, 2014 meeting. 8. NEW BUSINESS: CASE NO. Z 14-009 Timothy & Suzanne Reilly Block: 4701, Lot: 49 47 Broadview Avenue Applicants are seeking permission to construct a 1 Story Addition, Removal and Modification of Existing Paver Patio, Front Stoop Roof over Existing Door in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. At the May 8, 2014 meeting, this application will be carried to the May 29, 2014 meeting. CASE NO. Z 14-010 Pam & Robert Morse Block: 913, Lot: 8 73 Valley Road Applicants are seeking permission to construct (2) 1 Story Rear Additions, (1) 1 Story Rear Addition, Enclosed Porch with 2nd Story Deck Above in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. At the request of the applicants, this application will be heard at the June 12, 2014 meeting. CASE NO. Z 14-012 Antoni Moszczynski Block: 4601, Lot: 33 12 Stonehedge Lane Applicant is seeking permission to construct a Rear Deck in an R-2 (Single- Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left). At the request of the applicants, this application will be carried to the May 29, 2014 meeting. CASE NO. Z 14-013 ZBA Regular Meeting 5-8-14 Page 5 Barbara Lozier Block: 301, Lot: 3 24 Ardsleigh Drive Applicant is seeking permission to construct a 1 ½ Story Addition and Expansion of Existing Driveway in an R- 3 (Single-Family Residential) Zone requiring relief from Minimum Side yard Setback(Right) and Maximum Principal Building Coverage. Due to insufficient noticing, this application will be carried to the June 12, 2014 meeting. 9. OTHER BUSINESS – The Board agreed by a vote to schedule a special meeting of the Zoning Board of Adjustments to be held on May 29, 2014. 10. ADJOURNMENT: The meeting was adjourned at 10:40 by a motion made by Mrs. DeRosa and seconded by Mr. Lami. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 5-8-14 Page 6