Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, September 11, 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, September 11, 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. Blair, Mr. Lami, Mrs. DeRosa, Mrs. Niculescu and. Mr. Wickman Also Present: Gary Hall, Attorney, Frances Boardman, Secretary, Frank Russo, Board Engineer and Susan Blickstein, Board Planner Excused: Mr. Hess, Mr. Poeter, and Mrs. Driscoll 4. PLEDGE OF ALLEGIANCE: 5. MINUTES FOR APPROVAL: Copies of the August 14, 2014 regular meeting minutes were distributed to all Board members for their review prior to this meeting. A motion to approve the minutes was made and a voice vote of “aye” was heard by all eligible voting members and recorded. 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolution was 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 Resolution as submitted. CASE NO. Z 14-027 Resolution granting variance application to Maria M. Rodriguez De Bledt, Block: 502, Lot: 18, 8 Avon Drive to construct a Block Patio in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. At this time Mr. Santoro stated that a special meeting would be necessary to handle the work load of the Board. A special meeting was scheduled for Thursday, September 25, 2014. Mr. Santoro asked for a motion which was made by Mr. Lami, seconded by Mrs. DeRosa with regards to the special meeting. A voice vote of “Aye” was heard by all members and recorded. ZBA Regular Meeting - 9-11-14 Page 1 It was determined that the Board would not reach Case No. Z 14-032 thru Case No. Z 14-035 and these cases would be carried to the special meeting of the Zoning Board of Adjustment to be held on Thursday, September 25, 2014, without further notice. 7. OLD BUSINESS: 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. Mr. Lami recused himself from this application. Mrs. DeRosa and Mrs. Niculescu having missed the original hearing on this application signed a certificate stating that they had listened to the tape and were eligible to vote on this application this evening. The Board conducted an initial public hearing on this application on August 14, 2014 at which time the Board requested that the applicant integrate the addition so that it cannot be used as a separate dwelling unit in the future. Samuel DeAngelis, Esq., Mr. John Ciulla, applicant and Mr. Myers, Architect were all sworn in previously and the following additional exhibit was marked: A – 5 Three Sheets Architectural Plans revised 8/19/14 prepared by Harvey Myers. Mr. DeAngelis stated that his client, Mr. John Ciulla, has agreed to a deed restriction on the property which would limit the property to single family use. It was always his client’s intention to keep the home a single family dwelling. Mr. Myers explained the changes to the plan in detail. The changes purposed do not require any further variances. The Board had no further questions or comments, the public was given the opportunity to ask questions, there being none; the Board began its deliberation. The consensus of the Board was to approve the revised application with the condition of a deed restriction as presented. A motion to approve the application was made by Mr. Blair and seconded by Mrs. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Niculescu, Mr. Santoro and Mr. Wickman Mr. Lami returned to his seat on the Board. 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 ZBA Regular Meeting - 9-11-14 Page 2 (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. Further proceedings were conducted on this application which was initially started on May 8, 2014. The hearing was not concluded and the applicant was asked to revise his plan and proceed. The following additional exhibits were received prior to this evenings meeting and marked: A – 3 Architectural Plans, 3 Sheets, prepared by ASA Architectural Design, having a revision date of July 21, 2014 A – 4 Engineering Drawings, 3 Sheets, prepared by Kastrud Engineering, LLC, dated August 6, 2014 B – 3 Revised Memorandum from Dr. Susan Blickstein, dated August 19, 2014 B – 4 Omland Engineering Report from Frank Russo dated August 22, 2014 Mr. Alan Andreas, ASA Architectural Design gave a brief overview of the changes that were made to the revised plans. The new dwelling would consist of two two-bedroom apartments, each which had been reduced by 25 feet in width. The materials purposed for the dwelling include vinyl siding, shingles roof, and a pre-fab foundation. All mechanicals will be located in the basement area. There will not be a laundry room for either unit. Mr. Santoro felt as if the applicant was trying to squeeze a large amount into a small lot. Parking is a real concern for the Board. Mr. Christian Kastrud, Professional Engineer was sworn in to testify. Mr. Kastrud stated that the proposed application has three parking spaces in the front of the property. This would require a 34 foot curb cut. RSIS has no specified number of parking spaces required for a two-family structure however; the Borough of Madison Ordinance requires 1 ½ spaces per unit. The parking spaces purposed would require approval from Mayor and Council as they extend into the public right-of-way. It would not be an easy task to back out on to Elm Street due to the public safety concerns. This design is not a positive addition to the neighborhood. It was determined that the applicants Planner would not be heard this evening, as it would not be beneficial since the plans would need to be revised. Mr. Russo asked Mr. Kastrud if he had reviewed the Memorandum from his office dated August 22, 2014. Mr. Kastrud stated that he had not. The Board once again told the applicant and his architect that what they were purposing was too intense for the site. There were many concerns from the neighbors at the previous hearing. The bonus room as shown on the revised plans also raised a concern with the Board. The height of the building being purposed as 3 Stories was also very apprehensive, it would be more acceptable to purpose a 2 ½ Story dwelling. The Board again stressed the fact that there was too much being put on this site. At this time Mr. Santoro opened the floor to the public for questions or comments: Mr. Jeff Wernsing, 15 Elm Street, Madison asked why the structure is still standing. Mr. Jayneil Shah, applicant was sworn in. He stated that asbestos testing needs to be done prior to the building being removed. Mr. Shah informed the Board and Mr. Wernsing that the testing had not yet been done. ZBA Regular Meeting - 9-11-14 Page 3 Seeing no other questions from the public, Mr. Santoro advised the applicant and his architect to set their sights lower on this application. Revised plans would be required by Monday, September 29, 2014 in order to further proceed with this application at the October 9, 2014 Zoning Board of Adjustment meeting. 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. Mr. Samuel DeAngelis, Esq. representing the applicant introduced John Novalis, Builder, Andrew Clarke, Engineer and Peter Meshki, Applicant. These gentlemen were sworn in and the following exhibits were marked: B – 1 Denial letter from Dan Buckelew, Deputy Zoning Officer, dated July 17, 2014 A – 1 Architectural Plans 2 Sheets prepared by Arthur Demarest, RA Architects, LLC last revised 7/14/2014 A – 2 Boundary Survey prepared by Andrew Clarke, dated 6/18/2014 A – 3 Plot Plan prepared by Andrew Clarke, dated 6/18/2014 A – 4 Color rendering of Purposed Additions & Alterations Mr. DeAngelis began by giving a brief overview of the application. The Meshki’s would like to make this a true two-family residence. The Meshki’s would reside on the second and third floors and his mother would reside on the first floor. There was no further testimony from Mr. Meshki. Mr. Santoro asked if the Board or members of the public had any questions for the applicant. There were no questions from the Board or the public for Mr. Meshki. Mr. Novalis stated that the plans had been drawn to keep the architecture similar to the house next door. A two door detached garage was added to the plan now as opposed to coming back to the Board in the future. The garage placement mirrors the garage next door. The building height was discussed at length. The proposed height is 39.5’, equivalent to three stories. What exists now is a 32.5’ height or 2 ½ stories. Mr. Novalis stated that if the roof was lowered to the permitted height of 35’ it would affect the living space for the applicant. A question was asked regarding third floor egress. Mr. Novalis stated that he would verify if an egress was necessary for the third floor. The floor plans were discussed next. The first floor consists of three bedrooms. The first floor would have access to the basement. The first floor is 1,150 square feet. The unfinished basement is 1,113 square feet. It will contain the mechanicals for the first floor unit. The second floor is 1, 158 square feet. Each unit would have its own entrance from the front. Second and third floor mechanicals will be located on the third floor. The third floor will contain three bedrooms, a full bath, laundry room and a Jack & Jill bathroom. The attic space will be unfinished. The dwelling will be fully suppressed. Mr. Santoro asked if the Board or members of the public had any questions for the applicant. There were no questions from the Board or the public for Mr. Novalis. Mr. Clarke began his testimony. He discussed the proposed development. He informed the Board that a substantial drywell will be placed in the rear of the property to catch all of the garage and part of the dwelling roof. The drywell is an 8 foot diameter tank. ZBA Regular Meeting - 9-11-14 Page 4 Most of the impervious lot coverage is due to the new garage. The Board asked if there were any drainage issues, wet basements or storm water issues. Mr. Clarke stated that he was not aware of any wet basements or the yard being extremely wet at this site or any of the neighbors homes. The lot is fairly flat. A sump pump will be installed in the basement. Brick pavers are an option for the driveway, as well as for the front walk which would decrease the impervious coverage to 51.3%. The stockade fence will be replaced along the driveway. Mr. Santoro stressed that it is best to mitigate negative criteria such as using pavers and moving the garage forward five feet. This would bring the impervious lot coverage down at about 50%. There is a concern with the impervious coverage in just the size of the addition. If the Board were to look favorably on this application it would be a condition of the resolution that the entire roof of the addition on the dwelling would be directed into the drywell. Parking was addressed. The height of the home and its impact on the neighbors and was discussed. The Board has asked that the applicant return with a detailed landscaping along with the other modifications to the site plan as discussed this evening. Mr. DeAngelis stated that his client would like a vote this evening with specific conditions in the resolution. Mr. Santoro stated he could not give an answer to this request since the public had not had an opportunity to speak and the building height still had not been addressed. Mr. Clarke shared his calculations of existing homes in the neighborhood. It was noted that the home at 40 Greenwood was approximately 43 feet high, the home directly to the left is 36 ½ feet high, the home immediately to the right is 33 feet high and 48 Greenwood is 34 ½ feet high. No houses across the street were taken into consideration with regard to the height. There is no question that this a three story home, and there has not been any justification discussed this evening to warrant three stories. The character of the house is changing. The burden of proof is on the applicant to justify the benefits that outweigh the detriments, which has not been presented this evening. Mr. Santoro opened the floor to the public for questions of Mr. Clarke. Don Finnerty, 49 Greenwood Avenue, Madison, Mr. Finnerty stated that homes located at 49-51-53 Greenwood Avenue are all 2 ½ ‘ stories high. He does receive quite a bit of water in his basement. The height of this dwelling is a real concern for the neighbors. He requested that the Board take into consideration the aesthetics and the rights of the neighbors. Sean O’Hearen, 48 Greenwood Avenue, Madison, Mr. O’Hearen discussed the Oak tree in the front yard and taken into consideration. Mr. Novalis stated that he had met with the owner of 46 Greenwood Avenue and that the tree will be pruned and maintained. The applicant and his professionals were told to come back to the Board with revised plans. This application was carried to the October 9, 2014 meeting of the Zoning Board of Adjustment for further proceedings on anticipated revised plans being received in the Land Use Administrator’s office by Monday, September 29, 2014. A five minute break was taken at this time. The Board reconvened with all members present. It was determined that Case Z 14-029 and Case No. Z 14-030 would not be reached this evening and both cases were carried to the October 9, 2014 meeting of the Zoning Board of Adjustment ZBA Regular Meeting - 9-11-14 Page 5 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. Mr. Green, Applicant and Mr. Nick Bensley, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckelew, Deputy Zoning Officer, dated June 25, 2014 A – 1 Survey prepared by All-County Surveying, PC, dated May 3, 2007 A – 2 Plan titled “Proposed Renovation/Addition” prepared by East/West Architecture, dated June 10, 2014. A – 3 6 Color Photos taken by Mr. Bensley A – 4 Tax Map Sheet, property highlighted Mr. Bensley began by explaining the application to the Board. The applicant would like to construct a two story addition on the right of the existing home in order to provide a new two-car garage with a master bedroom suite on the second floor. The neighborhood is comprised of one and two car garages. Mr. Bensley stated that the proposed improvements would enhance the functionality and appearance of the residence. The shed on the property is not being removed and sits on the property line. The front facing garage decreases the impervious coverage. The Board had no further questions or comments for the applicant or his architect, the public was given the opportunity to ask questions. There were no questions from the public. The Board began their deliberations. 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. Niculescu. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Santoro and Mr. Wickman 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. Mr. Wickman stepped down from the Board for this application. Mr. Lami, Mrs. DeRosa and Mrs. Niculescu having missed the original hearing on this application signed a certificate stating that they had listened to the tape and were eligible to vote on this application this evening. An initial public hearing on this application was conducted on August 14, 2014 and the Board at that time agreed that several changes needed to be made to this application. The following additional exhibits were marked: ZBA Regular Meeting - 9-11-14 Page 6 A – 6 Lot Development Plan prepared by Ferraro Engineering, rev. 8/26/14 A – 7 Two sheets, Byrne Design Associates, Proposed Garage Plan Mrs. Alexandra Settembrino was not able to attend this evenings hearing, however Mr. Mark Denisiuk, Ferriero Engineering was sworn in as an expert witness. Mr. Settembrino stated that the Board’s recommendations from the last meeting were taken into consideration and the building height of the garage had been recalculated and the driveway would be done in brick pavers. He also stated that the patio that was shown on the original plan was now being replaced with a deck and that the Borough Engineer was consulted regarding the drainage plan. Mr. Denisiuk discussed the reduction in garage building height from 21.07 square feet to 20.73 square feet. Placing brick paver s in the driveway would reduce the impervious coverage calculation from 37.3% to 33.2%. The pavers will be placed on clean stone. A Subsurface drain on site will bring runoff to the street. A drywell will be installed to capture the runoff from the garage and the home. These improvements will manage and control water flow and not have any negative impact on adjacent properties. The Board had no further questions or comments for the applicant or his engineer, the public was given the opportunity to ask questions. There were no questions from the public. The public was given the opportunity to comment on the application. Mr. Kyle Wickman, 66 Valley Road, Madison who resides across the street from the applicant stated that he was in favor of the application. He also stated that he also had the same issues in regard to water and put in a subsurface drain and drywell during his addition. The Board began their deliberations. The consensus of the Board was to approve the application as presented this evening. A motion to approve the application as presented was made by Mr. Blair and seconded by Mr. Lami. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, and Mr. Santoro 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 permission 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. The applicant has requested to be carried to the next available Zoning Board of Adjustment meeting. This application will be heard at the September 25, 2014 special meeting of the Zoning Board of Adjustment. ZBA Regular Meeting - 9-11-14 Page 7 8. NEW BUSINESS: CASE NO. Z 14-029 Andy & Eva Szumzer Block: 2001, Lot: 8 19 Alexander Avenue Applicants are seeking permission to construct a 1 ½ Story Rear Addition with Covered Porch, Removal of Existing Mud Room and Portion of Existing Rear Patio in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This application was not reached and carried, without further notice to the Zoning Board of Adjustment meeting to be held on Thursday, October 9, 2014. CASE NO. Z 14-030 John & Adrienne Novak Block: 4003, Lot: 4 49 East Lane Applicants are seeking permission to construct a 2 Story Addition with Small Covered Porch, 2 Air Conditioning Condenser Units, Removal of Front Concrete and Slate Walkway, Expansion of Existing Driveway and Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application was not reached and carried, without further notice to the Zoning Board of Adjustment meeting to be held on Thursday, October 9, 2014. CASE NO. Z 14-031 Kevin & Johnelle McManus Block: 3901, Lot: 21 15 Kensington Road Applicants are seeking permission to construct a 2nd Story, 2 Story and 1 Story Rear Additions, Front Portico, Front Stoop with Roof, and Existing Front Walk Expansion in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. Due to insufficient noticing this application was placed on the October 9, 2014 meeting of the Zoning Board of Adjustment. CASE NO. Z14-032 Marianna Sullivan Block: 1001, Lot: 1 57 Ridgedale Avenue Applicant is seeking permission to install Front Yard Shed, Front and Rear Sidewalks and Fence in an R-4 (Single-Family Residential) Zone located in the Bottle Hill Historic District requiring relief from Maximum Impervious Lot Coverage, Accessory Structure in “Front Yard” and Minimum Sidewalk to Property Line Setback. This application was not reached and carried, without further notice to the Zoning Board of Adjustment meeting to be held on Thursday, September 25, 2014. CASE NO. Z 14-033 Alexandre Gerber Block: 1803, Lot: 6 31 Greenwood Avenue Applicant is seeking permission to install a Shed, Fence, Expand Existing Driveway, and Expand Previously “Approved” Blue stone Patio in an R-4 (Single-Family Residential) Zone requiring relief from Minimum Driveway Offset from Property Line and Minimum Accessory Structure Offset from Property Line. This application was not reached and carried, without further notice to the Zoning Board of Adjustment meeting to be held on Thursday, September 25, 2014. ZBA Regular Meeting - 9-11-14 Page 8 CASE NO. Z 14-034 The Stangle Group, LLC Block: 4312, Lot: 13 11 Strickland Place Applicant is seeking permission to construct a 2-1/2 Story Single Family Dwelling in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Minimum Side Yard Setback (Left), Minimum Rear Yard Setback, Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. This application was not reached and carried, without further notice to the Zoning Board of Adjustment meeting to be held on Thursday, September 25, 2014. CASE NO. Z 14-035 James & Stefanie Cutler Block: 3001, Lot: 33 19 Stafford Drive Applicants are seeking permission to construct 2nd Story Deck in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. This application was not reached and carried, without further notice to the Zoning Board of Adjustment special meeting to be held on Thursday, September 25, 2014. 9. OTHER BUSINESS: 10. ADJOURNMENT: The meeting was adjourned at 11:15 pm with a motion made by Mr. Lami and seconded by Mrs. DeRosa. Respectfully submitted, Frances Boardman Recording Secretary ZBA Regular Meeting - 9-11-14 Page 9