Zoning Board of Adjustment

BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, January 8, 2015 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, January 8, 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, Ronald Poeter, Timothy Blair, Diane Driscoll, Helen Kaar, Melissa Elias Roger Paetzell, and Carl Hess Also Present: Gary Hall, Zoning Board attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL: Regular meeting of December 11, 2014 There were no corrections or additions to the minutes. A voice vote of aye was heard in approval of the minutes as presented. 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members for their review prior to this meeting. There were no corrections or revisions. CASE NO. Z 14-026 Resolution granting variance application to Peter Meshki, Block: 1703, Lot: 13, 44 Greenwood Avenue 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 approved with changes made to the original application including elimination of the height variance, reduction in depth of the rear addition and conversion from two-family to single-family use. ZBA Regular Meeting – 1-8-15 Page 1 CASE NO Z. 14-039 Resolution granting variance application to Donald Bowen, Block: 3404, Lot: 19, 12 Glenwild Road to construct a Detached 2 Car Garage, Drywell, Removal of Portion of Existing Driveway, Expansion of Remaining Driveway, Modification of Existing Drop Curb and Proposed 2nd Drop Curb on Glenwild Circle, Removal of Existing Slate Pad, “Low Shrubbery” within Glenwild Circle Right of Way in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Accessory Structure Setback and Maximum Floor Area Accessory Structure. CASE NO. Z. 14-040 Resolution granting variance application to Denis Philipps, Block: 4201, Lot: 1, 128 Green Village Road to construct a 1 Story Rear Addition, 2nd Story over Existing Garage, 1 Story Expansion is Existing Garage, Front Portico Roof over Existing Stoop, Front Paver Walk, Paving of Existing Driveway, Side and Rear Paver Walkways, Rear Bluestone Patio, Generator and Condenser Unit 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. 7. OLD BUSINESS: None 8. NEW BUSINESS: CASE NO. Z 14-038 Dore LaPosta Block: 3701, Lot: 10 40 Green Avenue Applicant is seeking permission to construct a Rear 1 Story Addition, Blue Stone Patio with Knee Wall, Drywell, Air Conditioning Unit, and the Removal of Existing Deck and Walkway in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage John Katz, Katz Novoa Architects, Dore LaPosta and Linda M. Brzustowicz applicants, 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 10/4/14 A – 1 Plans prepared by Katz Novoa Architects, dated 8/16/14, two sheets A1 & A2 A – 2 Group of 9 photos, front, left and right side, rear, left and right rear Views from the 2nd floor of house and view from Maple Avenue A – 3 Aerial Photo of the site and surrounding neighborhood Mr. Katz explained the need for the aerial photo which shows the space between the structures which is similar to the neighboring homes. Ms. La Posta explained the reason for this application. The kitchen is extremely cold and small where the old addition exists and they would like to enlarge it. A bathroom which presently exists will be updated and enlarged. A deck in the rear is unprotected and rarely utilized. It is elevated and the applicants would like replace it with a sunroom which will be on the elevation of their garden in the rear. The addition will be constructed in the present footprint of the deck. ZBA Regular Meeting – 1-8-15 Page 2 Mr. Katz continued by reviewing the variances which are being requested. The shape of the site is a hardship due to its being undersized and irregularly shaped. The spacing between the primary structures is approximately 93 feet. The existing impervious coverage will go slightly over and will be remediated by the installation of a drywell. All the new roof water runoff area, 482 sf, will be captured by the drywell. Mr. Santoro and Ms. Driscoll stated that when they visited the lot, it was very wet and they suggested that all of the roof leaders be directed to the drywell. Mr. Katz agreed to do so. The addition will be constructed with the same material which is found on the house. He stated that the proposed improvements will bring the home up to date and will not have any adverse effect on the neighborhood allowing the benefits to outweigh any of the detriments. There being no further questions from the Board, the public was given the opportunity to either ask questions or make comments. Felice Cortognola, 33 Green Avenue loves the garden and stated that she is fully supportive of the application. Russell Stern, 33 Maple Avenue, was in support of the application and believes that the application is a substantial improvement to the area. James Clark, Green Avenue, also was in support of the application and stated that his home does not suffer from any runoff problems. The public portion of the application was closed and the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application as presented was made by Mrs. Driscoll and seconded by Mr. Poeter. A roll call vote was requested and recorded as follows AYES: Mr. Blair, Mrs. Driscoll, Dr. Patzell, Mr. Poeter and Mr. Santoro CASE NO. Z 14-041 David Maines Block: 1105, Lot: 20 17 Loveland Street Applicant is seeking permission to construct a Rear 2 ½ Story Addition with Exterior Stairs to 2 nd Story in an R-4 (Two–Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right) and Maximum Impervious Lot Coverage. Alan Andreas, Architect, Jennifer and David Maines applicants, 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 11/19/14 A – 1 Plans prepared by Alan Andreas, Architect dated 11/19/14, Sheets A1 & A2 Mr. Andreas began by explaining that this is a 2-family home, and the addition will be in the rear on the lower level with an entry. The second floor will have an additional bedroom. The lot is oversized and affects the side yard set-back. The impervious coverage is presently 46.29%, and will be slightly ZBA Regular Meeting – 1-8-15 Page 3 increased. Mr. Santoro stated that the impervious coverage is high and would like something removed to reduce it. The rear yard was raised after Hurricane Irene, and since then the applicant stated there are no water problems. Mr. Andreas suggested the patio in the rear be removed to reduce the impervious coverage. The applicant discussed the driveway and the placement of cars on the site. The home and the existing garage will have all the drainage going into the easement. Mr. Andreas suggested that an area drain be installed in the driveway to pick-up 750 sf of water. Mr. Santoro was concerned with the Anthony Drive area being a water nightmare. He would like some changes to reduce the impervious coverage. The applicant is willing to remove the paver patio on the side. Mr. Andreas explained to Mr. Hall that a drywell presently exists. There being no further questions from the Board, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the conditions that the paver patio and the flagstone be removed and all leaders from the roof go to the drainage system. A motion to approve the application as presented was made by Dr. Paetzell and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows AYES: Mr. Blair, Mrs. Driscoll, Dr. Patzell, Mr. Poeter, Mr. Santoro and Mr. Hess. CASE NO. Z 14-042 Patrick & Amy Layng Block: 912, Lot: 9 47 Valley Road Applicants are seeking permission to construct a Rear Yard “Roofed” Brick Paver Patio with Gas Fire Place and Grill in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback and Maximum Principal Building Coverage. Patrick and Amy Layng, applicants and David Delladonna, 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 11/18/14 A – 1 Survey prepared by Matarazzo Engineering dated 4/15/12 A – 2 Plan prepared by Mr. Delladonna, Architect, dated 11/3/14, rev. 12/1/14 A – 3 Three photo sheets Mr. Delladonna began by reviewing the application. A covered paver patio will replace an existing paver patio. Mr. Delladonna continued by describing the photo sheets individually. The corner lot location has two frontages. The patio that exists is13.5 x 22 feet and a 15 x 26 foot patio is proposed. There is an increase of 95 sf. Mr. Delladonna stated that the adjacent property across Hillview Avenue does contain a 2-car garage as an accessory structure. This property appears more dense than what is being proposed by the applicant. The width of the proposed patio is less and the depth is greater than what exists. A drywell presently exists, Mr. Delladonna stated roof leaders totaling 50% from the covered patio will drain into the drywell. The shape of the patio will be similarly shaped as what presently exists. There will be gutters on three sides of the roof. ZBA Regular Meeting – 1-8-15 Page 4 There being no further questions or comments from the Board, the public was given the opportunity to ask either questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the conditions that 50% of the water drain into the drywell from the roof. A motion to approve the application was made by Mr. Blair and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. Driscoll, Dr. Paetzell, Mr. Poeter, Mr. Santoro and Mr. Hess CASE NO. Z 14-043 Craig & Lisa DiStefano Block: 3901, Lot: 51 8 Arlena Court Applicants are seeking permission to construct a Rear Cantilevered 2nd Story, Expansion of Existing 1st Story, Front Paver Walkway, Rear Deck, Rear Paver Patio, and (2) A.C. Units in an R-3 9Single- Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Craig and Lisa DiStefano,applicants and James Ramental, 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 12/3/14 A – 1 Plans prepared by GRA Architects, dated 12/2/14 rev. A – 2 Photo sheets, 3 pages Mr. DiStefano began by stating he loves Madison and wants to update to the house in keeping with the surrounding neighborhood. He stated that the living space is small and the home is not properly insulated. Mr. Ramental continued by stating that the second floor will be removed to construct a two- story structure. A front porch with portico will also be constructed. An addition will be constructed to the the front of the garage squaring if off. The rear of the residence will be cantilevered. The property is adjacent to the New Jersey Transit Line. He then reviewed the variances which are being sought. Mr. Ramental reviewed the photo sheets individually. He stated the applicant’s intent is to make the home a legitimate two-story home. The breezeway will be enclosed to construct a family room and den area. A full bath is also planned. The construction materials will consist of vinyl siding, new windows will be installed where they are needed along with a new garage door. There will be a sliding glass door in the rear leading to the outdoors. Dr. Paetzell asked if the front portico could be reduced. Mr. Ramental recommends the landing be kept at 4 feet. A drywell is planned due to the increase in the impervious coverage. Mr. Ramental stated the drywell will be installed in the rear yard. In the front yard, the water will be captured in a trench drain system and this system will be approved by the Borough Engineer. There being no further testimony from the applicant, and no questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that a storm-water management plan be submitted to the Borough Engineer for his approval. ZBA Regular Meeting – 1-8-15 Page 5 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: AYES: Mr. Blair, Mrs. Driscoll, Dr. Patzell, Mr. Poeter, Mr. Santoro and Mr. Hess. 9. OTHER BUSINESS: Mr. Santoro briefly explained the Annual Report and suggested that at the February meeting the Board should give their input. Mr. Santoro offered his assistance to any new Board members if they have any questions. He suggested several websites to also obtain additional information. A discussion took place with regard to impervious coverage which was brought up by Helen Kaar. 10. ADJOURNMENT: The meeting was adjourned at 10:20 pm with a motion made by Mr. Poeter and seconded by Helen Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 1-8-15 Page 6