Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, June 26, 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, June 26th, 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 a special meeting held by the Borough of Madison Zoning Board of Adjustment on May 29, 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, Michael Lami, Diane Driscoll, and Susan Niculescu ALSO PRESENT: Gary Hall, attorney EXCUSED: Mr. Blair, Mr. Wickman and Mr. Hess 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 made on page 2 and also the Roll Call. A voice vote of aye was heard in approval of the corrected minutes. 5. MINUTES FOR APPROVAL: Regular Meeting of June 12, 2014 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or corrections made to any of the Resolutions. A voice vote of aye was heard in approval of all the following Resolutions. CASE NO. Z 14-007 Resolution granting variance application to Prat & Kerry Patel, Block: 4601, Lot: 21, 8 Park Lane 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. CASE NO. Z 14-010 Resolution granting variance application to Pam & Robert Morse, Block: 913, Lot: 8, 73 Valley Road to construct (2) 1 Story Rear Additions, (1) 1 Story Rear Addition, Enclosed ZBA Special Meeting 6-12-14 Page 1 Porch with 2nd Story Deck Above in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. CASE NO. Z 14-013 Resolution granting variance application to Barbara Lozier, Block: 301, Lot: 3, 24 Ardsleigh Drive 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. CASE NO. Z 14-015 Resolution granting variance application to Mary Ellen Hennessy Jones, Block: 4601, Lot: 8, 39 Park Lane to construct a front Portico over an Existing Landing in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. 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. This application was started and the Board asked for revised plans which were not provided, it will be carried to the August 14, 2014 Zoning Board of Adjustment 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 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. ZBA Special Meeting 6-12-14 Page 2 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. John Hearn, applicant and Michael Moritz, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Daniel Buckalew, Deputy Zoning Officer, dated 4/15/14 A – 1 Copy of survey dated 4/13/09 A – 2 Revised Architectural Plans, dated 6/26/14, Sheets 103 and 104 Mr. Moritz began by explaining the applicant’s need for the addition. The home is constructed on an existing, non-conforming lot. Mr. Moritz reviewed the variances that are being sought. The applicants goal is to keep the style of the home as is and their neighbor’s home is similar in style as the applicants’. The applicant also stated that the the addition will help with his growing family. There being no further testimony from the applicant and his architect, 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 as presented was made by Mr. Lami and seconded by Mrs. Drisccoll. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mrs. Driscoll, Mr. Lami Mrs. Niculescu and Mr. Poeter 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. This application is being carried to the July 10, 2014 regular 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. Paul Weir was sworn in and the following exhibits were marked: B – 1 Letter of Denial from Daniel Buckalew, Deputy Zoning Officer, dated 4/21/14 A – 1 Survey prepared by Salvatore Micalusi, dated 6/20/14 A – 2 Sketch prepared by Mr. Weir, 4 sheets ZBA Special Meeting 6-12-14 Page 3 B – 2 Copy of Prior resolution, 2 pages, plan attached, dated 5/21/84 Mr. Weir began by stating the home was built by his parents and was inherited by Mr. Weir. He stated he lives with one roommate. Mr. Weir stated he is struggling to make a steady living. He would like to increase the size of the two existing bedrooms. He would like to have his niece and nephew live with him. That being so, there will be additional cars parked at the location. He continued by stating as long as he has lived in this home, he has never had any drainage problems. The rear dormer will add approximately 220 feet of floor space. Access to the second floor is through the front door. The 8x8 shed, built in the early 90’s will be removed. There being no further testimony from the applicant, 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 as presented was made by Mr. Poeter and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mr. Lami, Mrs. Driscoll, Mrs. Niculescu, and Mr. Poeter 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. Mohammad and Hillary Rahman were sworn in and the following exhibits were marked. B – 1 Letter of Denial from Daniel Buckalew, Deputy Zoning Officer, dated 4/16/14 A – 1 Site Plan, dated 716/13 A – 2 Plans, dated 5/3/14 Mrs. Rahman began by stating they moved into the home last August. The garage was dilapidated and the applicant is constructing a new garage with overhead storage. The applicant will remove portions of the concrete on the property. The existing driveway is a hardship and will be rerouted to allow for a k-turn. The proposed garage will be constructed in line with the neighbor’s garage. There will be a regular set of stairs in the basement of their home. The proposed garage is four feet over the maximum height allowing it to match the architecture of the home. A discussion continued regarding the garage and what exists around the property. The Board opened the meeting to the public as follows: Paul Allocco, 25 Greenwood Avenue, Madison stated he is happy with the applicant and his plan. There being no further questions or comments from the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application as ZBA Special Meeting 6-12-14 Page 4 presented. A motion to approve the application as presented was made by Mr. Lami and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mr. Lami, Mrs. Driscoll, Mrs. Niculescu, and Mr. Poeter The Board had a general discussion regarding their decisions and how important it is to work together and stand firm on the decisions that are made. 9. OTHER BUSINESS: 10. ADJOURNMENT: The meeting was adjourned at 9:00 pm with a motion made by Mr. Lami and seconded by Mr. Santoro. ZBA Special Meeting 6-12-14 Page 5