Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, September 25, 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, September 25, 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 its regular meeting held by the Borough of Madison Zoning Board of Adjustment on September 11, 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, Toni DeRosa, Ronald Poeter, Michael Lami, Susan NiculescU, Timothy Blair and Carl Hess ABSENT: Diane Driscoll and Kyle Wickman 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Regular meeting of September 11, 2014 There was one correction made to the minutes. There being no other changes, corrections, or additions, a voice vote of aye was heard from all eligible voting Board members in approval of the minutes as corrected. The following Resolutions were distributed to all Board members for their review. There was one correction made to Case #Z14-028, all other Resolutions were approved as submitted with a voice vote of aye from all eligible voting Board members. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 14-028 Resolution granting variance application to David Green & Anita Sung, Block: 2204, Lot: 8, 5 Spring Garden Drive 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. ZBA Special Meeting 9-25-14 Page 1 CASE NO. Z 14-023 Resolution granting variance application to John Ciulla, Block: 3905, Lot: 12, 5 Beverly Road to construct a 1 & 2 Story Addition with Covered Porch, and Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback. CASE NO. Z 14-024 Resolution granting variance application to Louis & Alexandra Settembrino, Block: 913, Lot: 9, 77 Valley Road 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. 7. OLD BUSINESS: 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. This application was started at the August 14, 2014 meeting. A – 5 Landscape Plan, dated 9/14/14 Mr. Bochner began by reviewing the Landscape Plan which he stated was discussed with his neighbor. The neighbor directly adjacent to the applicant’s yard agreed that several plantings already existed on the neighbor’s property and a proposed hedge would not be necessary. The neighbor did suggest a larger tree be planted and be pushed back slightly into the Bochner’s yard. A total of 4 trees would be planted. After a brief discussion with the Board, the applicant agreed to continue the arborvitae across the yard for screening purposes. The public was given the opportunity to ask questions of the applicant as follows: Mr. and Mrs. Fritsch, 6 Lee Avenue, both had questions for the applicant. Christine Fritsch questioned the Resolution from 2008 which had conditions for plantings and screening. She stated that this work was never done and she believed that this might occur again. Mr. Santoro explained to the applicant that there has to be reasons for the request for the variances. Mrs. Bochner stated that her family has grown to the maximum and the additional space is needed. The neighborhood has changed dramatically and has evolved. Other neighbors have expanded their homes in the same manner as the applicant’s request to construct an addition. ZBA Special Meeting 9-25-14 Page 2 The public now had the opportunity to make a statement. Mrs. Fritsch had two plans one from 2008 and the one which is being utilized in this application. She does not understand how the applicant can approach the Board with the same plan. She read a review of what has taken place in the past 6 years. Mr. Fritsch then added to his wife’s testimony. He believes that the house as it presently exists is sufficient for the applicant’s use. The Board was now ready to deliberate. The consensus of the Board was to deny the application. A roll call vote was requested and recorded as follows: NAY: Mr. Blair AYES: Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro 8. NEW BUSINESS: 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. Marianna Sullivan was sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 8/12/14 A – 1 Colored Property Survey with new areas shaded, prepared by Benjamin & Wizorek, dated 7/9/14 A – 2 One page of proposed barn style shed, dated 3/11/08 A – 3 Copy of survey prepared by Benjamin & Wizorek, 7/9/14 A – 4 Colored version of the barn Mrs. Sullivan began by stating she is an interior designer and purchased the home to live in Madison. She has a handicapped daughter and the ground floor would be perfect for her to have easy access to the home. The proposed picket fence is 2.5 feet high. The fencing will be installed along the property so the two dogs will have the run of the property. The shed will be located conveniently for her daughter’s access She stated that she was not aware that the home has two front yards. The Board had a discussion regarding the location of the shed. There being no further questions from the Board, the Board reviewed their opinions regarding the location of the shed. There being no further discussion. A motion to approve the application was made by Mr. Lami and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: NAYS: Mrs. De Rosa, Mrs. Niculescu and Mr. Poeter AYES: Mr. Blair, Mr. Lami, Mr. Santoro and Mr. Hess ZBA Special Meeting 9-25-14 Page 3 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. Mr. Gerber was sworn in and the following exhibits were marked. B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 8/13/14 A – 1 Copy of survey prepared by Casey and Keller A – 2 Site Plan, prepared by Rosen Architectural, dated 8/12/14 Sam De Angelis representing Paul Waterman, 33 Greenwood Avenue was present. Mr. Gerber began by explaining what he is requesting. He stated the driveway is already on the property line, the same as his neighbor. A new shed, 12x20 feet, will be installed and the old shed under the existing deck will be removed. Mr. Santoro had several issues with the narrowness of the driveway and several appendages protruding into the driveway. Mr. Santoro suggested a walkway instead of an extended driveway. Mr. Gerber stated that his neighbor also utilizes a small section of his driveway. Mr. DeAngelis testified as to what his client had done to rectify the property line issue. Both individuals have had surveyors stake the property and Mr. Gerber has agreed to install a drop curb with which his neighbor had no issue. The issue for his client is the size of the shed and also the location of the shed. Mr. Gerber did not have a photo of the shed, however, he stated it will match the house. Mr. Santoro suggested that the applicant meet with Mr. Waterman and work out a satisfactory plan for the location of the shed. Mr. DeAngelis agreed to work with Mr. Gerber. Drawings of the shed would be appropriate at the next meeting so the Board can review it. The applicant will return at the November 13, 2014 regular meeting. 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. ZBA Special Meeting 9-25-14 Page 4 Mr. Samuel DeAngelis of Chiarlanzio and DeAngelis began by introducing Mr. Andrew Clarke and Mr. Robert Fonseca of the Stangle Group. The following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 7/11/14 A – 1 Site Plan A – 2 Architectural Plans dated 4/1/14 Robert Fonseca, Owner and Andrew Clarke, Engineer were sworn in and Mr. Clarke began by describing Exhibit A – 2. He stated that a house presently exists on the property with a large patio and a driveway leading up to the patio. The site will be demolished and prepared to construct a single family home. The front yard setback will be consistent with the homes in the area. The rear yard is proposed at 27.4 feet. The lot is undersized and the footprint of the house is approximately 1200 square feet. The lot coverage on the property will be reduced with the construction of this home. He stated that the proposed home will be a substantial improvement to the property. Mr. Clarke reviewed the Zoning Denial letter variance by variance. The Board had several questions. Mr. Clarke stated that Dan Buckalew reviewed the plan. Many improvements are being proposed as compared to what presently exists. Mrs. Niculescu was concerned with the size of the house. A storm-water system will be installed to catch any water runoff. There being no further questions from the Board, the public was given the opportunity to question the applicant. There being none, the Board began their deliberation. The consensus of the Board was to approve the application. A motion to approve the application was made by Mr. Poeter and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mr. Lami, Mrs. DeRosa, Mr. Poeter, Mrs. Niculescu, Mr. Blair and Mr. Hess 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. Mrs. Cutler and Jeffrey Cogan, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckalew, Deputy Zoning Officer, dated 8/13/14 A – 1 Set of Plans prepared by Jeffrey Cogan, dated 8/15/14 ZBA Special Meeting 9-25-14 Page 5 Mrs. Cutler began by stating the deck is in disrepair and the view from the deck keeps her from seeing the children in the pool. Mr. Cogan reviewed the proposed plan. He stated the existing patio will be reduced and that area will be restored to lawn and some type of landscaping. A single set of steps from the deck will be the access to the rear yard. The proposed deck is 40.7 feet from the rear yard. The impervious coverage will be reduced; however, the impervious coverage will still be over the maximum. A railing system will be installed, with quality construction material. The small shed under the deck will be removed. Mr. Santoro stated that there are two sheds on the property and he does not believe the impervious coverage number is correct. The Board and Mr. Hall reviewed the numbers. There being no further questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application was made by Mr. Lami and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Blair and Mr. Hess. 9. OTHER BUSINESS: There was no Other Business this evening. 10. ADJOURNMENT: The meeting was adjourned at 10:35pm with a motion made by Mr. Lami and seconded by Mr. Blair. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting 9-25-14 Page 6