Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, August 14, 2014 at 7:30 P.M., Hartley Dodge Memorial Building, 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, August 14, 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. Poeter, Mr. Blair, Mrs. Driscoll and Mr. Wickman Also Present: Gary Hall, Attorney Excused: Mr. Lami, Mr. Hess, Mrs. DeRosa and Mrs. Niculescu 4. PLEDGE OF ALLEGIANCE: The following minutes were distributed to all Board members prior to this meeting for their review. There were several corrections made to these minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 5. MINUTES FOR APPROVAL: Minutes from the Regular Meeting of 7/10/14 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members prior to this meeting for their review. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as submitted. CASE NO. Z 14-003 Resolution granting variance application to Daryl Bryant, Block: 901, Lot: 10, 109 Greenwood Avenue 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. CASE NO. Z 14-016 Resolution granting variance application to Michael & Penelope Sullivan, Block: 4203, Lot: 19, 28 Hillcrest Road to construct a Wood Deck, Stepping Stone Walkway, Stone ZBA Regular Meeting - 8-14-14 Page 1 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. CASE NO. Z 14-019 Resolution granting variance application to Michael & Carrie Guarino, Block: 4502, Lot: 7, 55 Garfield Avenue to construct an “Eyebrow” Dormer, Open Roofed Front Entrance in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z 14-020 Resolution granting variance application to Peter Ostberg, Block: 904, Lot: 10 7 Longview Avenue to Widen Driveway and to construct a Side to Rear Brick Paver Walkway in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback. CASE NO. Z 14-021 Resolution granting variance application to Jane Giordano & Joscelin Burrer, Block: 4102, Lot: 3, 73 Midwood Terrace to construct a Rear Yard Patio in an R-1 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z 14-022 Resolution granting variance application to Shari Guidos & Constance Ludwin, Block: 604, Lot: 3, 9 Westerly Avenue 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. 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. Revisions were requested from the Board. This application will be carried to the September 11, 2014 meeting. The applicant will need to re-notice the surrounding property owners. 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 has been withdrawn at the request of the applicant. ZBA Regular Meeting - 8-14-14 Page 2 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. Samuel DeAngelis, attorney began by describing the application and marking the following exhibits. B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated, 5/20/14 A – 1 Survey prepared by Andrew Clarke, dated 9/13 A – 2 Plot Plan prepared by Andrew Clarke, dated 5/14 A – 3 Detail Sheet, prepared by Andrew Clarke A – 4 Architectural Plans dated 5/14/14 prepared by Harvey Myers Harvey Myers, Architect and John Ciulla, applicant were sworn in and Mr. DeAngelis began by describing the application. He continued by questioning Mr. Ciulla regarding the occupants of the home and why he needed this addition. Mr. Ciulla stated all of the residents live together as a single family. Mr. Hall brought up the fact that there is a kitchenette and if the home no longer is owned by this family, it can easily become a two-family home. Mr. Hall continued by questioning Mr. Ciulla regarding the layout of the home as it presently exists. Harvey Myers, Architect was questioned by Mr. DeAngelis as to his credentials. Mr. Myers then began to describe the proposed layout of the home. He stated there was a space that can be utilized as an entry way. The second floor will have a deck which is located on the top of the addition. The proposed entrance will be located on the side of the house for safety factors instead of the rear which is more isolated. It was suggested that a doorway be proposed directly into the garage as an entrance. The side entry will have two door lights and motion lights over the garage door. A low level ground light was suggested by the Board. The Board had no further questions or comments, the public was given the opportunity to ask questions, there being none, the Board requested that the applicant integrate the addition to make it more acceptable to the Board so that it cannot be used as a separate living quarters in the future.. The applicant agreed to the suggestions made by the Board and will return with a revised plan at the next meeting scheduled for September 11, 2014. 8. NEW BUSINESS: CASE NO. Z 14-024 Louis & Alexandra Settembrino Block: 913, Lot: 9 77 Valley Road Applicants are seeking to construct a Detached 2-Car Garage, Concrete Patio and Generator in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Maximum Height of Accessory Structure. ZBA Regular Meeting - 8-14-14 Page 3 Mr. Wickman stepped down from the Board for this application. Louis and Alexandra Settembrino were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 6/5/14, along with the Zoning Permit Application A – 1 Plot Development Plan prepared by Ferraro Engineering, rev. 6/5/14 A – 2 Two sheets, Byrne Design Associates, Floor Plan for Garage Mrs. Settembrino began by explaining that the family has grown and they want to increase the living space. He examined the neighboring homes and found many homes that had additions. She stated they would like to have the traditional Colonial look. A detached garage is planned due to the fact that 400 feet of living space would be lost if it was constructed as an attached garage. Mr. Settembrino joined the discussion and the following exhibits were marked: A – 3 Photo Board dated 8/14/14 A – 4 Additional Photo Board A – 5 Plan of house with a Stormwater Management Plan prepared by Ferraro Engineering. Mr. Santoro requested Mr. Settembrino discuss the Stormwater Management Plan. Mr. Settembrino explained where the drainage system lies on the property. He continued by stating there are water issues in the area. He reviewed his layout of the Stormwater Management Plan. He then reviewed the height variance that is being requested. An accessory building by ordinance allows 15 feet in height, and the proposed garage is 16 feet. It was agreed that the patio would be constructed of pavers. There was a discussion regarding using pavers for the driveway which the applicant stated would be very costly. At this point in time, the public was given the opportunity to question the applicant. There being none, the Board agreed that several changes have to be made to this application and the applicant will return at the next regular meeting scheduled for September 11, 2014. Mr. Wickman returned to his seat on the Board. CASE NO. Z 14-025 Mark & Heather Bochner Block: 910, Lot: 6 6 Hamilton Street Applicants are seeking to construct a 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mark and Heather Bochner were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 6/2/14 A – 2 Copy of survey marked with location of addition A – 3 Plans prepared by Mark Bochner, applicant, 4 ZBA Regular Meeting - 8-14-14 Page 4 Mr. Bochner began by stating his family is growing, 4 children, and more space is needed. A second story located partially over the garage is planned. He stated this is a much smaller expansion than what was requested in a prior application in 2009. Mrs. Bochner stated the neighborhood has changed dramatically in the past years. Mr. Santoro read the decisions that were made in the previous Resolutions and he stated that the applicant was denied in January 2008. Mr. Hall joined the conversation and explained what the legal aspect is with regard to this application. Mr. Bochner handed out a photo sheet. A – 4 Aerial Photo sheet The public was given the opportunity to make comments as follows: David Myers, 9 Hamilton Street, stated he is in full support of the application. James Fritsch, 6 Lee Avenue has several concerns with the application. He suggested a drywell. He stated that in a prior application, screening was to be installed and was not, and a pine tree was removed. The drawings that were utilized in 2008 had 4 bedrooms. This application has 3 bedrooms. Window wells were installed in the basement which would allow it to be considered as living space. Mary Beaman, 73 Greenwood Avenue, supported the application that the applicant is requesting. Mr. Bochner summarized his testimony by stating his family has grown and they want to stay in Madison. There being no further comments from the public, the Board began their deliberation. The consensus of the Board was to have the applicant return at the September 11, 20 meeting with a Landscape Plan and whatever changes the Board has discussed. CASE NO. Z 14-026 Peter Meshki Block: 1703, Lot: 13 44 Greenwood Avenue Applicant is seeking to construct a 3 Story Rear Addition, Vertical Expansion of Existing Portion of Principle Dwelling from 2 ½ Stories to 3 Stories, Detached 2 Car Garage, Expansion of Existing Driveway and a Drywell in an R4 (Single or Two Family Residential) Zone requiring relief from Maximum Building Height/Stories, Maximum Impervious Lot Coverage and Minimum Driveway Setback. This application will be carried to the September 11, 2014. CASE NO. Z 14-027 Maria M. Rodriguez De Bledt Block: 502, Lot: 18 8 Avon Drive Applicant is seeking to construct a Block Patio in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer,dated 7/8/14 A – 1 Copy of Survey dated 11/27/06 modified to show deck ZBA Regular Meeting - 8-14-14 Page 5 Mr. and Mrs. DeBledt were sworn in and began explaining why they need the patio. A deck was constructed which did not need a variance. The patio will connect the deck with the living area. Cement has to be removed and pavers will be installed with a 20% relief. 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. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Poeter, Mr. Blair, Mrs Driscoll and Mr. Wickman CASE NO. Z 14-028 David Green & Anita Sung Block: 2204, Lot: 8 5 Spring Garden Drive Applicants are seeking to construct a 2 Story Addition, Modifications of Existing Driveway and a Drywell in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front yard Setback, Minimum Side Yard Setback (Right), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application will be carried to the September 11, 2014. 9. OTHER BUSINESS: Brief discussion regarding new pavers that are available. Also other topics with regards to zoning matters. 10. ADJOURNMENT: The meeting was adjourned at 10:30 pm with a motion made by Mrs. Driscoll and seconded by Mr. Blair. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting - 8-14-14 Page 6