Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, October 9, 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, October 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, and Carl Hess Also Present: Gary Hall, Zoning Board attorney Excused: Mike Lami, Diane Driscoll, Susan Niculescu and Kyle Wickman 4. PLEDGE OF ALLEGIANCE: The following minutes were distributed to all Board members prior to this meeting for their approval. There were two minor corrections made to the minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 5. MINUTES FOR APPROVAL – Special Meeting of September 25, 2014 The following Resolutions were distributed to all Board members prior to this meeting for their approval. There was one correction made to the Bochner Resolution. A voice vote of aye was heard from all eligible voting Board members in approval of all the following Resolutions. 6. RESOLUTIONS FOR MEMORIALIZATION: CASE NO. Z 14-025 Resolution denying variance application to Mark & Heather Bochner, Block: 910, Lot: 6, 6 Hamilton Street 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. CASE NO. Z14-032 Resolution granting variance application to Marianna Sullivan, Block: 1001, Lot: 1, 57 Ridgedale Avenue 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 ZBA Meeting – 10-09-14 Page 1 Impervious Lot Coverage, Accessory Structure in “Front Yard” and Minimum Sidewalk to Property Line Setback. CASE NO. Z 14-034 Resolution granting variance application to The Stangle Group, LLC, Block: 4312, Lot: 13, 11 Strickland Place 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. CASE NO. Z 14-035 Resolution granting variance application to James & Stefanie Cutler, Block: 3001, Lot: 33, 19 Stafford Drive 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. 7. OLD 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. Mrs. Szumzer and Alan Andreas, Architect were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew, dated 7/17/14. A – 1 Set of Plans prepared by Alan Andreas, Architect, dated 4/1/14. Mr. Andreas began by describing the first floor layout. The home will remain as a story and one half. The hardship in this case is that the lot is very narrow forcing the last owner to build a rear entry garage. Half the driveway is almost 1700 sf of the total impervious coverage. A drywell will be installed as part of the application in the rear yard picking up all the rain water from the new addition. A shell from a swimming pool that existed will be removed and the drywell will be installed in that location. All roof leaders will be part of the drywell system so all water from the roof will be directed to the drywell. The applicant stated that as part of her plans, she agreed to add some landscaping that will absorb water. There being no further questions from the public or the Board, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that landscaping is installed in the rear and all leaders from the garage be directed to the drywell. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mr. Santoro, Mr. Poeter, Mrs. DeRosa, and Mr. Hess CASE NO. Z 14-030 John & Adrienne Novak Block: 4003, Lot: 4 49 East Lane ZBA Meeting – 10-09-14 Page 2 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. B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew, dated 8/4/14 A – 1 Plans prepared by Alan Andreas, dated 7/29/14 rev. 9/26/14 Mrs. Novak and Alan Andreas, Architect were sworn in and Mr. Andreas began by describing the addition which is being proposed. A small entry porch on the first floor front is being proposed, and also a mudroom, a bonus room and 2 ½ car garage. On the second floor, the closets space will be expanded and a bonus room will be added. He continued by reviewing the right side of the house which is irregular as it continues to the rear. The rear setback is just a small triangular area. In the front, the roofline will be pulled down eliminating the flat roof in the front which has had leakage problems this past winter. A side-loaded garage was chosen to keep it in accordance with other homes in the neighborhood. A drywell is planned to pick-up the water from the new addition and also other leaders from the home. The slate patio towards the rear will be removed to keep the impervious coverage number down. Alan Andreas and the Board discussed ways of reducing the impervious coverage and building coverage. Mr. Andreas stated that the addition size can be reduced which will reduce the impervious coverage and building coverage. There being no further questions from the public or the Board, the Board began their deliberation. The consensus of the Board was to approve the application with the conditions that the rear area of 500 sf is for the drywell, reduction of the garage by 1.5 feet, moving the driveway over, also water to be captured from the driveway by a drain. 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. Blair, Mr. Santoro, Mr. Poeter, Mrs. DeRosa, and Mr. Hess CASE NO. Z 14-026 Peter Meshki Block: 1703, Lot: 13 44 Greenwood Avenue Applicants are seeking permission 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 was started at the September 11, 2014 Zoning Board of Adjustment meeting. Mr. DeAngelis, Attorney began by reviewing what took place at the last meeting. He stated that his client decided to proceed tonight with only 4 voting Board members. A – 5 Revised Plans prepared by Legacy Home Builders A – 6 Colored Rendering ZBA Meeting – 10-09-14 Page 3 Mr. Santoro gave a brief recap of what took place at the last meeting. He reviewed the Board’s concerns: the driveway, impervious coverage, the height of the home, building mass, how the home fits into the neighborhood as opposed to other homes. Mr. Novalis reviewed the building plans and the major changes ie: the building height was reduced from 39 feet to 35 feet to conform. The roof pitch was also changed to allow living space on the third floor. The bilko doors were moved to the rear of the home which allows the driveway to be moved over. The floor plan on the third floor is similar to the original plan; however, the ceilings are lower. A sprinkler system is planned for the third floor. The square footage has been reduced from 1078 sf to 892 sf. The public was given the opportunity to question the witness as follows: Shaunn Oheron, 48 Greenwood asked how many bedrooms are being planned. Three on the first floor; and 4 on the second floor. Andrew Clarke, Engineer discussed the changes that were made by him and the following exhibits were marked. A – 7 Revised 9/26/14 Boundary Survey A – 8 Revised Plot Plan by Andrew Clarke, Engineer, rev. date 9/26/14 A – 9 Planting Plan dated 9/26/14 Several trees will be added to the site along with existing trees which Mr. Clarke reviewed. Those plantings were added to the survey. The Plot Plan depicts the bilko door being moved allowing room for the driveway at 11 feet which will match with the concrete apron in the front. This allows 2.4 feet off the property line. The maneuvering in the driveway will be easier by the creation of two parking spaces in the rear near the bilko door. The entire driveway will be converted to brick paver and the walk in the front will be reconstructed. A Planting Plan was also submitted with a collection of plantings in the front porch, the row of apple trees will have to be removed due to their conflict with the driveway and parking. The public was given the opportunity to ask questions as follows: Corinne Finnerty, 49 Greenwood Avenue questioned the space above the garage, asking if it will be used for living space. Response: it will not be used for living space. She also questioned the driveway turnaround, and the response was that the driveway turnaround will allow cars to enter and leave in the rear. Peter Meshkie testified stating that he can allow his mom to live with the family with this plan. His family is growing and also they need space. He chose Novalis as his contractor due to his quality work. The public was given the opportunity to question Mr. Meshkie. There being none, Mr. DeAngelis gave his summation. The public was now given the opportunity to make comments as follows: Shaunn Oheron, 48 Greenwood registered his continued opposition to this project. Don Finnerty, 49 Greenwood still has a concern with the impervious coverage, and the garage. Corinne Finnerty, 49 Greenwood, gave applauds to Legacy Home Builders, however, is concerned with the overall size of the home. ZBA Meeting – 10-09-14 Page 4 There being no further questions from the public or the Board, the Board began their deliberation. The consensus of the Board was to allow the applicant to return at the regular meeting on November 13, 2014. The Board took a break at 9:34 and returned at 9:40 pm. 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. At the request of the applicant this application will be carried to the November 13, 2014 Zoning Board of Adjustment meeting. 8. NEW BUSINESS: 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. B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew, dated 7/15/14 A – 1 Survey dated 6/4/14 A – 2 Plans prepared by Dubinett Architects, dated 2/20/14 Daniel Dubinett, Architect and Kevin McManus were sworn in and Mr. Dubinett began by explaining the reason for this addition. He said one of the reasons for front setback variance is that the existing front door and stairway inside are too close for safe entry. The home is located 27.6 feet to the street on a hill. The building coverage will be 94 sf over the maximum allowed. Both a shed and play area in the rear will be removed which will allow the yard to be updated. A seepage pit will be constructed to gather water from the addition. There is currently no basement or attic, so an addition will be a bonus to the family. Eric Stark, 17 Kensington Road, asked if there were any provisions for storm-water management on the property. There will be a drywell on the property. He asked if the greenery and landscaping will remain in the rear of the home to allow for privacy. Mr. McManus stated the fence will stay and none of the buffering will be changed. 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 as submitted. A motion to approve the application was made by Mr. Blair and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: ZBA Meeting – 10-09-14 Page 5 AYES: Mr. Blair, Mr. Santoro, Mr. Poeter, Mrs. DeRosa, and Mr. Hess CASE NO. Z 14-036 Kristen O’ Sullivan Block: 4206, Lot: 2 6 Wyndehurst Drive Applicant is seeking permission to construct a Rear 1-Story, & 2-Story Additions, Rear Screened Covered Porch, Rear Covered Entrance Way, Detached 2 Car Garage, and Expansion of Existing Driveway in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Left Side Yard Setback (Right), Minimum Rear Yard Setback and Maximum Height Accessory Structure. B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew, dated 8/1/14 A – 1 Survey, dated 6/11/10 prepared by Benjamin & Wizorek A – 2 Architectural Plans, 1-8, prepared by Cindy Bordelaut, Architect, dated 8/1/14 A – 3 Handout - set of photos Mike and Kristen O’Sullivan and Cindy Bordelaut, Architect were sworn in and Mr. O’Sullivan continued by explaining the main issue which is the accessibility and size of the garage; also the kitchen has not been updated in 35 years. A fourth bedroom is planned so as to be connected to the rest of the family in the house. Ms. Bordelaut continued by describing the Architectural Plan of the home. The neighboring property is well screened from the applicant’s home. The distance between the neighboring home is 78 feet on the applicant’s side and 48 feet on the neighbor’s side. In the rear the property line is angled. An existing shed is being removed and replaced by a two car detached garage. Due to the slope of the land, the size of the garage is perceived differently from various points in the rear. It will be built into the slope. A drain currently exists in the driveway and an investigation will take place when construction begins to see if it should be expanded or an additional drywell should be added. There being no public for questions or comments, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that an additional drywell be installed. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mr. Santoro, Mr. Poeter, Mrs. DeRosa, and Mr. Hess 9. OTHER BUSINESS: Discussion regarding the Bochner application. 10. ADJOURNMENT: The meeting was adjourned at 10:30 pm with a motion made by Mr. Blair and seconded by Mr. Hess. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Meeting – 10-09-14 Page 6