Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, May 29, 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 special meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, May 29, 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 May 8, 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, Toni DeRosa, Susan Niculescu, Timothy Blair, Carl Hess, and Kyle Wickman ALSO PRESENT: Gary Hall, attorney EXCUSED: Mike Lami and Diane Driscoll 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members for their review prior to this meeting. 5. MINUTES FOR APPROVAL – Regular Meeting of May 8, 2014 The following Resolutions were distributed to all Board members for their review prior to this meeting. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z14-005 Resolution granting Preliminary and Final Site Plan with Variances to Legacy Home Builders, Block: 1105, Lot: 28, 85 Park Avenue, to construct (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. Hall suggested a new Item #2E in his Resolution regarding the use of colored pavers in the parking lot. CASE NO. Z 14-011 Resolution granting variance application to Lisa Hux, Block: 4601, Lot: 9, 43 Park Lane 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. No corrections or additions were made to this Resolution. A voice vote of aye was heard from all eligible voting Board members in approval of the above Resolutions as corrected. ZBA Special Meeting 5-29-14 Page 1 7. OLD BUSINESS: 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. This application was started at the May 8, 2014 Zoning Board meeting and carried to the June 12, 2014 meeting without further notice. Additionally changed to July 10, 2014 instead of June 12, 2014. 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. Mr. David Bryant was sworn in at a previous meeting. The following exhibit was marked. A – 5 Plans, Rev. 1-9-14 rev. 4-9-14 Mr. Bryant then reviewed what he had presented at the March 13, 2014 meeting. The plans that he revised were marked and he began by reviewing the changes that he had made as follows: The two car attached garage will be the family room and he stated he has permits for the construction. Next was a plan for a two car detached garage, and a 35x20 foot paver patio in the rear. He continued by stating the large patio was eliminated, and a deck will be constructed in its place, measuring 300 sf. A small paved walkway will be removed which is located in the rear of the garage. A 3 foot overhang is reduced to 2 feet. The size of the garage was reduced, however, a 98 sf shed is proposed in the rear and the impervious coverage is still lower and is now increased by 124 sf instead of 138sf. The major issue that the Board had was with the impervious coverage. A drywell exists in the rear and the driveway pitches to the street for the water to runoff. Mr. Bryant stated that he does plan to use pavers for the driveway in the future. In the rear, one tree has been removed for the deck; also a double split tree was removed due to its poor condition. Mr. Bryant stated that the shed will be used for storage of children’s toys and tools, which he stated will not fit in the new garage. Mr. Bryant stated his architect had chosen the location for the shed due to a limit of space. Mr. Santoro stated that the applicant requires a reason for the variances. Mr. Bryant chose the hardship issue stating that his family is growing and he sorely needs a family room. Mr. Santoro stated that he walked the street and on Mr. Bryant’s side of the street there were not too many homes with garages, however, the other side had several homes with garages. There being no further questions from the Board, the public was given the opportunity to ask questions or make comment as follows: Barbara Capduer, 56 Longview Avenue, Madison had two questions. She gave the Board a handout (multiple listing) of the applicant’s home. She wanted to know if the applicant made a choice when purchasing the home; ie; options two car garage or family room. A drywell will be installed for the garage which is proposed. She stated there is a water issue in the manhole in her backyard and water does run from the applicant’s home to ZBA Special Meeting 5-29-14 Page 2 her home. Mr. Bryant stated the new drywell will handle the water issues which presently exist. The public portion of the meeting was now open to comments. Ms. Capduer will now make her comments. Ms. Capduer was sworn in and her exhibits were marked as follows: O – 1 5 Photos O – 2 Past listing of the home in question She stated she is opposed to the application and Mr. Bryant’s hardship is self-imposed. She gave numerous other concerns that exist; i.e.: tree buffering, and the stumps that were removed, water on the cul-de-sac, water issues in the area, maintenance of the drywells. There being no further comments from the public, the Board began their deliberation. Mr. Santoro stated in his opinion, he will deny the application, Mrs. Niculescu agreed. The consensus of the Board was to have the applicant make significant changes based upon the Boards’ issues and return with a revised application addressing the water management with an engineer, buffering in the rear, and moving of the shed. A voice vote of aye was heard from all members of the Board for the applicant to return in July 10, 2014 with revised plans. CASE NO. Z 13-048 James & Kathryn McGrath, Block: 1402, Lot: 1, 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. 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. Jonathan Booth, Architect and Tim and Suzanne Reilly were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 3-17-14 A – 1 Plans prepared by Mr. Booth, Architect, 3 sheets A – 2 Existing floor plan layout of the home Mr. Reilly began by explaining that they both love the area. The family has grown to 3 children. He continued by describing the location of his home and how the neighboring children gather with his family. ZBA Special Meeting 5-29-14 Page 3 Mr. Booth began by describing what the applicant plans to do. He stated it is a conforming lot on the corner of Crestview and Broadview Avenues. The existing building coverage is over. The house is a one story, and the proposed location of the addition is presently a patio. The proposed addition will house a sunroom, expanded kitchen and the powder room will be relocated to another area of the home. A room on the garage level will be converted into other living space. There being no questions from the Board, the applicant and his architect finalized their presentation. Being that the Board or the public had no further questions or comments, 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 was made by Mr. Poeter and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Poeter, Mrs. DeRosa, Mrs. Niculescu, Mr. Blair, Mr. Wickman and Mr. Hess 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). Mr. Moszczynski was sworn in and the following exhibits were marked: B–1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 3-28-14 A–1 Survey copy dated 2004 with proposed deck A–2 One page of a sketch of proposed deck A–3 One additional sketch of deck Mr. Moszczynski began by stating the deck will extend out from his dining area. The house is small; however, the deck will serve as an entrance to his patio in the rear. There are no neighbors in the rear that will be affected by the construction. There will be 3 steps to enter the deck from the patio. The driveway will be removed to reduce the impervious coverage, and the applicant will plant more lawn. Being the Board had no further questions and there was no 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 Mr. Poeter and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Poeter, Mrs. DeRosa, Mr. Blair, Mrs. Niculescu, Mr. Wickman and Mr. Hess CASE NO. Z 14-013 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 8. NEW BUSINESS: None ZBA Special Meeting 5-29-14 Page 4 9. OTHER BUSINESS: A special meeting was scheduled for Thursday, June 26, 2014 with a motion made by Mrs. DeRosa and seconded by Mr. Blair with a voice vote of aye from all Board members. 10.ADJOURNMENT: The meeting was adjourned at 9:25 with a motion made by Mr. Blair and seconded by Mr. Poeter. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting 5-29-14 Page 5