Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, June 12, 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, June 12, 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: Mr. Santoro, Mr. Lami, Mr. Poeter, Mrs. DeRosa, Mr. Blair, Ms. Niculescu, Mrs. Driscoll and Mr. Hess Also Present: Gary Hall, Attorney Excused: Mr. Wickman 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There were a few corrections on pages 2 and 3. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as corrected. 5. MINUTES FOR APPROVAL: Special Meeting of May 29, 2014 The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no corrections or additions. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 14-009 Resolution granting variance application to Timothy & Suzanne Reilly, Block: 4701, Lot: 49, 47 Broadview Avenue 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. CASE NO. Z 14-012 Resolution granting variance application to Antoni Moszczynski, Block: 4601, Lot: 33, 12 Stonehedge Lane to construct a Rear Deck in an R-2 (Single- Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left). ZBA Regular Meeting 6-12-14 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. The applicant has asked to be carried to the July 10, 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. Samuel DeAngelis, of Chiarlanzio and DeAngelis, introduced himself and the applicant. He began by explaining that in a discussion with Mr. McGrath, he was informed that the applicant is no longer seeking a Use Variance and will make the home into a two family home and the upstairs section will be utilized as the third floor bedrooms. The fire escape will still be installed. Mr. Santoro continued by stating he expected to see Revised Plans due to the fact that the impervious coverage is still very high. Mr. McGrath was sworn in and gave his address and other details regarding the purchase of his home on Park Avenue and the fact that the kitchen had to be removed. Mr. McGrath proposes to remove some of the gravelled area in the rear, measuring approximately 1300 sf, and adding the patio will not increase the impervious coverage which is at 62%. The property does not have a drainage problem. Mr. McGrath testified that a maximum of 4 cars will be on the property with the two apartments. The drainage from the home will stay as it was when the house was purchased. Mrs. DeRosa was concerned with the stacking issue and would like to keep the first floor occupants from entering the second floor area. Mr. McGrath testified he would put a doorway on the first floor to eliminate the common stairway. The proposed fire escape was needed due to the lack of space in the driveway for vehicles to have proper use of it. Mr. Santoro and Mr. Blair agreed that Plans should be submitted for parking, the fire escape should have a letter from the Fire Official stating the reason for its need, hardship should be proven, a stormwater plan with drywells should also be submitted. All of these issues should be addressed. The Board agreed that the application will be carried to the next meeting on August 14, 2014. ZBA Regular Meeting 6-12-14 Page 2 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. Mr. Patel began by explaining what took place at the last meeting. The issue to be addressed was the impervious coverage be reduced and a stormwater management plan devised for the sloping property. With the improvements made, the impervious coverage was reduced to 25%. A Storm-water Management Plan with three additional drywells totaling 6 drywells on the property is planned. A Landscape Architect was contacted to devise a Landscape Plan to aid with the water control on the property. A – 4 Storm-water Management Report, prepared by Ferraro Engineering, dated 5/15/14 A – 5 Lot Development, dated 5/15/14, one sheet, prepared by Ferraro Engineering A – 6 Drainage Maps, dated 5/15/14, one sheet Mark Denisuk, Licensed P.E., was sworn in and gave his credentials and was accepted by the Board as a professional witness. He briefly summarized what was contained in the report stating that there is no increase in runoff and a reduction in the storm-water rate. Six drywells are planned and will hold 18,000 gallons of water. He used the exhibit which was utilized in the Storm-water Management Plan to depict the locations of the drywells and swales along the edge of the property to capture all of the water onsite. Joan Cohen, 3 Park Lane stated that she believes there will still be water problems. She asked that considering the size of the applicant’s project, will the water from this home encroach upon her property. Mr. Santoro assured her that the new Storm-water Management Plan should capture all of the water before it exits the property. Diane Bensley,124 Garfield Avenue, was concerned also, and asked will the Town’s entire system be efficient. Mr. Denisuk stated he cannot guarantee that the Borough’s system will capture all the water. There being no further questions from the Board or public, the public was given the opportunity to make comments. Diane Bensley, 124 Garfield Avenue, stated there is a lighting issue coming from the applicant’s home. Mr. Hall stated that she should discuss this with the applicant, the Board has no jurisdiction over this issue. Joan Cohen 3 Park Lane, was concerned with the driveway and the blacktop. Mr. Santoro stated she should speak with the applicant regarding this issue. There being no further comments, the Board began their deliberation. The consensus of the Board was favorable; they approved the application as presented. A motion to approve the application as presented was made by Mr. Lami and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: ZBA Regular Meeting 6-12-14 Page 3 AYES: Mr. Santoro, Mr. Poeter, Mr. Lami, Mrs. Niculescu, and Mr. Hess NAYS: Mr. Blair, Mrs. DeRosa and Mrs. Driscoll Mr. Blair left the meeting at 9:02 to return home. 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. Pam and Robert Morse, along with Alan Andreas, Architect were sworn in and the following exhibits were marked. B–1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 3/26/14 A–1 Copy of survey dated 3/9/09 A–2 Plans prepared by Alan Andreas, Architect, 3 sheets A–3 7 photos of the exterior and interior of the home Mr. Andreas began by explaining the reason for the addition. The kitchen will be expanded, including the installation of a breakfast bar, the laundry will be relocated to the first floor from the basement. A single story family room is also planned along with a three season porch. The master bedroom will also be expanded to allow for a closet. The total square footage of the application is 187 sf above what is allowed. A drywell will be located in the back corner of the home in the rear which will capture the water in the rear and the runoff from the home. None of the neighbors will be impacted by this project. There being no further comments or questions from the Board or public, 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. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. Board took a break at 9:20 and returned at 9:26 pm. 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. Barbara Lozier and Hal Leonard, Architect, were sworn in and the following exhibit were marked. B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 3/20/14 A – 1 Copy of survey prepared by Michael Catalano, dated 3/20/13 ZBA Regular Meeting 6-12-14 Page 4 A–2 Plans prepared by Mr. Hal Leonard, Architect, dated 3/20/14 Side and rear elevations A – 3 Front and rear elevations A – 4 Photo board Ms. Lozier began by explaining that she has lived in town and this is her sixth residence. She is planning to expand her garage and needs more space to enter and exit. The house has no basement and is on a slab. It is not a 1 1/2 story addition, and the reason the roof is being extended is to match the slope. The addition will not impact the house adjacent to the applicant’s home, and it is approximately 16 feet to the neighboring garage. The lot is undersized making the application a hardship, along with a very limiting area in the garage due to the bump out and garage width. The sidewalk along the driveway is approximately 3 feet wide. The meeting was now open to the public as follows: Ron DiBiase, 17 Fairview Road, stated he and his wife are in favor of the application. There being no further comments or questions from the Board or public, 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 Mrs. Driscoll and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. 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 at which time the Board asked for revised plans and carried the application to the May 8, 2014 meeting. This application is now carried to the July 10, 2014 meeting at the request of the Board for revised plans. 8. NEW BUSINESS: CASE NO. Z 14-014 John & Katie Hearn Block: 910, Lot: 7 4 Lee Avenue Applicants are seeking permission to construct a 2 Story Addition and relocation of Existing Condenser Unit in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Application will carried to the June 26, 2014 meeting. CASE NO. Z 14-015 Mary Ellen Hennessy Jones Block: 4601, Lot: 8 ZBA Regular Meeting 6-12-14 Page 5 39 Park Lane Applicant is seeking permission to construct a front Portico over an Existing Landing in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. William and Mary Ellen Jones were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 4/9/14 A – 1 Copy of a survey dated 4/3/14 A – 2 Plans prepared by Mr. Van Lenten, Architect dated 4/11/14 Mrs. Jones began by explaining her reasoning for the application. John Van Lenten, Architect was sworn in and began to review the application being submitted. He believes the portico would be an attractive addition to the home. The variance which is being sought is altering a non-conforming structure. There being no further comments or questions from the Board or public, 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 Mrs. DeRosa and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Hess. CASE NO. Z 14-016 Michael & Penelope Sullivan Block: 4203, Lot: 19 28 Hillcrest Road Applicants are seeking permission to construct a Wood Deck, Stepping Stone Walkway, Stone Patio, 10’ Tall Pergola, 5’ Tall Stone Fire Pit, Raised Stone Planters, and Drywell. They will also be removing an Existing Raised Patio in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. The application will be carried to the June 26, 2014 meeting. CASE NO. Z14-017 Paul Weir Block: 1109, Lot: 9 42 South Street Applicant is seeking permission to construct an Under Construction Rear Dormer in an R-4 (Single-Family/Two-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. The application will be carried to the June 26, 2014 meeting. CASE NO. Z 14-018 Mohammad & Hillary Rahman Block: 1803, Lot: 8 27 Greenwood Avenue Applicants are seeking permission to construct a Detached Two-Car Garage, and Modifications to the Existing Driveway in an R-4 (Single-Family/Two-Family Residential) Zone requiring relief from Maximum Accessory Structure Height, Minimum Accessory Structure Setback and Minimum Driveway Setback. The application will be carried to the June 26, 2014 meeting. ZBA Regular Meeting 6-12-14 Page 6 9. OTHER BUSINESS: No Other Business 10. ADJOURNMENT: The meeting was adjourned at 10 pm with a motion made by Mr. Lami and seconded by Mr. Poeter. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 6-12-14 Page 7