Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, July 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, July 10, 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, Toni DeRosa, Ronald Poeter, Timothy Blair, Diane Driscoll, Susan Niculescu and Carl Hess Also Present: Keith Loughlin, Attorney standing in for Gary Hall Excused: Kyle Wickman and Mike Lami 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 to page 4. 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 June 26, 2014 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members prior to this meeting for their review. CASE NO. Z 14-014 Resolution granting variance application to John & Katie Hearn, Block: 910, Lot: 7, 4 Lee Avenue 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. CASE NO. Z14-017 Resolution granting variance application to Paul Weir, Block: 1109, Lot: 9, 42 South Street 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 following Resolutions were all accepted by the Board with a voice vote of aye from all eligible voting members with one correction made to Case #Z14-018. CASE NO. Z 14-018 Resolution granting variance application to Mohammad & Hillary Rahman, Block: 1803, Lot: 8, 27 Greenwood Avenue to construct a Detached Two-Car Garage, and Modifications to the Existing Driveway in an R-4 ZBA Regular Meeting 7-10-14 Page 1 (Single-Family/Two-Family Residential) Zone requiring relief from Maximum Accessory Structure Height, Minimum Accessory Structure Setback and Minimum Driveway Setback. This Resolution had one minor change. 7. OLD BUSINESS: 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. Andrew Clarke, 37 Gerard Avenue, Chatham, Engineer and Mr. Bryant were sworn in. Mr. Bryant began reviewing the changes that were made. Firstly, the shed was moved out of the setback area, the impervious coverage is now over with respect to the accessory building size of 580 sf where 500 sf is the maximum. The driveway will now be constructed of patio pavers and the gravel will be removed with a savings of over 200 sf. With regards to the privacy concerns, a fence will be installed in the rear yard. Mr. Bryant continued by stating he has contacted a landscaper and he will install large bushes to screen the view for the neighboring home. The plantings will also assist with any water issues in the rear of the home. The applicant stated that the Storm-water Management was addressed by Mr. Andrew Clarke, Engineer. Mr. Clarke gave his credentials and was accepted by the Board as a qualified witness. Mr. Clarke began by stating he has performed some research on the area with regard to the water issues. He explained what is presently directing the water from the home. The driveway has a positive drainage pitch and water is moving clearly towards the roadway. In the past, an old garage was demolished and an attached garage was constructed with a proposed driveway and a drywell was installed just past the deck. A – 6 Revised Plan drawn by the Architect. Mr. Clarke stated that the proposal for an additional drywell behind the garage is sufficient and he supports its installation. He also supports several trees being planted in the rear to help with the absorption of any water runoff. He believes all the measures discussed will aid in managing any surface water including any bushes and trees suggested by a landscaper. Mr. Santoro suggested that a landscaping plan be presented to the Borough Engineer for his approval. The Board opened the meeting to the public as follows: Greg More, 54 Longview Ave., requested to see the Plan. Barbara Capuder, 56 Longview Avenue requested to see the Plan and questioned the type of trees and shrubs that will be installed. Mr. More came forward with comments regarding issues that occurred in his yard with trees. He stated he does not understand why the applicant is seeking additional impervious coverage and he continued with his comments. Barbara Capuder, came forward with her comments and stated that the applicant’s issues are self-inflicted. She does not believe the applicant has a hardship. There being no further questions or comments from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application with the following conditions: Applicant agrees to a Landscaping Plan approved by the Borough Engineer. A motion to approve the application as presented ZBA Regular Meeting 7-10-14 Page 2 was made by Mr. Blair and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mr. Poeter, Mr. Blair, and Mr. Hess, Mrs. Driscoll NAYS: Mrs. Niculescu 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. Michael and Penelope Sullivan, applicant and Matt Rusk,Contractor of 131 Washington Street, Morristown, were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Daniel Buckalew, Deputy Zoning Officer, dated 5/1/14 A – 1 Plan A – 2 Survey Mr. Rusk began by explaining that the applicant’s lot is undersized. The old patio will be removed and the area will be modernized with a wood deck extending from the house with a stone patio. An outdoor kitchen with a fire pit is planned. A graveled drywell is proposed to capture any water emanating from the property. There is an existing drywell in the rear which was installed by the previous owner. The new drywell will capture the additional 460 sf. The deck will be constructed of cedar and all building codes have been met. The patio measures 600 sf There being no further questions or comments from the Board or the public, 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. Blair and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Poeter, Mrs. DeRosa, Mr. Blair, Mrs. Niculescu, Mrs. Driscoll, and Mr. Hess 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 applicant was asked to submit revised plans to the Board which has not been completed to date. The applicant will be placed on the next Zoning Board of Adjustment regular meeting scheduled for August 14, 2014. 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 re-opened at the June 12, 2014 Zoning Board meeting. Revisions were ZBA Regular Meeting 7-10-14 Page 3 requested from the Board. This application will be carried to the August 14, 2014 meeting without further notice. 8. NEW BUSINESS: CASE NO. Z 14-019 Michael and Carrie Guarino Block: 4502, Lot: 7 55 Garfield Avenue Applicants are seeking permission to construct an “Eyebrow” Dormer, Open Roofed Front Entrance in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Michael and Carrie Guarino were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 5/21/14 A – 1 Architectural Drawings Mr. Guarino began by stating that Garfield Avenue has a mix of different architectures and they have decided to construct a portico to enhance the front of the home. Two small windows will also be added to enhance the front of the home. The driveway was run along the side of the home and 15 additional square feet of impervious coverage will be added. Mr. Loughlin stated there is an additional variance which will be added to the application. The applicant is within 2 feet of the front maximum required for the front setback and requires a variance. There being no further questions from the Board, the public was given the opportunity to question the applicant as follows: Mary Beth Hansbury, 13 Wellington Ct., was sworn in and stated she is the neighbor behind the applicant and is concerned regarding drainage. She stated there are drainage problems in the rear of home. She is requesting the Board’s support in keeping the impervious coverage down. She continued that after heavy rains the rear of her property drains very slowly and accumulates. Mr. Santoro suggested that the applicant work with their neighbors in attempting to address any drainage problems. Mr. Kolosseary, 15 Rolling Hill Ct., also stated he is a member of the Rolling Hill Group and he explained that they oversee any water problems. The Board now 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. Poeter and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Poeter, Mrs. DeRosa, Mr. Blair, Mrs. Niculescu, Mrs. Driscoll, and Mr. Hess The Board took a 5 minute break at 9:00 pm and returned at 9:05 pm. CASE NO. Z 14-020 Peter Ostberg Block: 904, Lot: 10 7 Longview Avenue Applicant is seeking permission to Widen Driveway and construct a Side to Rear Brick Paver Walkway in an R- 3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback. Mr. Peter Ostberg was sworn in and the following exhibits were marked: ZBA Regular Meeting 7-10-14 Page 4 B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated, 5/13/14 A – 1 Pictures taken by the applicant, 1 sheet with multiple photos Mr. Ostberg began by describing the application and what he plans to do. He stated he would like to install a paver walkway from the side of the home to the rear. The applicant described the photo sheet one photo at a time. Each picture depicted what the applicant planned for his property. The path will lead to the deck in the rear. Some bushes are shown along the pathway. One of the photos depicts similar curbing on a neighbors’ property. Mr. Ostberg stated that some neighbors have a pathway coming directly out from their home, ie: brick going into cement or pavers. Instead of that scenario, the applicant is planning space with shrubs and decorative plantings. There being no further questions from the Board or the public, 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 Mrs. Driscoll 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, Mrs. Driscoll, and Mr. Hess CASE NO. Z 14-021 Jane Giordano & Joscelin Burrer Block: 4102, Lot: 3 73 Midwood Terrace Applicants are seeking permission to construct a Rear Yard Patio 14x13 feet, with a 10 foot high pergola, 200 sf of impervious coverage, in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Joscelin Burrer and Jane Giordano were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 5/16/14 A – 1 Survey Mr. Burrer explained that he would like to increase the size of the patio to provide more space for entertaining. The increase is minimal and there is no problem to the neighboring homes. He stated he would like to add a cover to the patio in the form of a pergola. He stated there are no water problems on site. The Board suggested that a drawing be submitted to the Borough Engineers’ Office with any improvements marked on the drawing. The consensus of the Board was to approve the application with the condition as discussed by the Board. A motion to approve the application was made by Mr. Poeter and seconded by Mrs. Niculescu. AYES: Mr. Santoro, Mr. Poeter, Mrs. DeRosa, Mr. Blair, Mrs. Niculescu, and Mrs. Driscoll, and Mr. Hess CASE NO. Z 14-022 Shari Guidos & Constance Ludwin Block: 604, Lot: 3 9 Westerly Avenue Applicants are seeking permission to construct a Front terrace & Trellis, Rear 1 Story Addition, Removal of Existing Patio & Sidewalk, New Rear Brick Paver Patio in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side yard Setback. Shari Guidos and Constrance Ludwin were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, the Deputy Zoning Officer, dated 6/12/14 A – 1 Story Board ZBA Regular Meeting 7-10-14 Page 5 Ms. Guidos began by describing the photo board which reflected neighboring homes and the applicant’s home. She stated her side yard is small. Mr. Loughlin made several corrections to the applicants’ document that was submitted. The rear lot classification was incorrect, and a rear yard setback variance would be required. There are several corrections to be made to the plans and the applicant will submit a revised site plan to the Borough Engineer’s Office with the corrections. 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 with the changes submitted to the Borough Engineers office. 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. Blair and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Poeter, Mrs. DeRosa, Mr. Blair, Mrs. Niculescu, Mrs. Driscoll, and Mr. Hess CASE NO. Z 14-023 John Ciulla Block: 3905, Lot: 12 5 Beverly Road Applicant is seeking permission to construct a 1 & 2 Story Addition with Covered Porch, Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback. This application was carried to the next Regular meeting on August 14, 2014. 9. OTHER BUSINESS: A discussion took place regarding clear and precise decisions under the Ordinances. 10. ADJOURNMENT: The meeting was adjourned at 10 pm with a motion made by Mrs. Driscoll and seconded by Mr. Blair. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 7-10-14 Page 6