Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, February 12, 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, February 12, 2015 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 8, 2015, the Board, by resolution adopted a schedule of meetings. On January 12, 2015, 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, Timothy Blair, Helen Kaar, Melissa Elias, and Roger Paetzell Excused: Carl Hess, Diane Driscoll, and Ron Poeter Also Present: Keith Loughlin, Substitute Zoning Board attorney for Gary Hall 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Re-organization meeting and Regular meeting of January 8, 2015 The Re-organization and regular meeting minutes were distributed to all Board members prior to this meeting for their review. There were several corrections made to both the Reorganization and regular meeting minutes. 6. RESOLUTIONS FOR MEMORIALIZATION The following Resolutions were distributed to all Board members prior to this meeting for their review. CASE NO. Z 14-038 Resolution granting variance application to Dore LaPosta, Block: 3701, Lot: 10, 40 Green Avenue 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. There were two minor corrections made to this Resolution noted by Mr. Loughlin. CASE NO. Z 14-041 Resolution granting variance application David Maines, Block: 1105, Lot: 20, ZBA Regular Meeting 2-12-15 Page 1 17 Loveland Street 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. A typo on the last line was made. Page 3, under #4, a correction was made. CASE NO. Z 14-042 Resolution granting variance application Patrick & Amy Layng, Block: 912, Lot: 9, 47 Valley Road 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. CASE NO. Z 14-043 Resolution granting variance application Craig & Lisa DiStefano, Block: 3901, Lot: 5, 8 Arlena Court 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 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. 7. OLD BUSINESS – None Mr. Santoro asked the Board if the Special Meeting scheduled for March 9, 2015 is acceptable to all Board members. The Board approved a Resolution scheduling the special meeting with a voice vote of aye from all eligible voting members. 8. NEW BUSINESS – CASE NO. Z 15-002 Cataldo Cocuzza Block: 1002, Lot: 20 6 Locust Street Applicant is seeking permission to construct a 2 ½ Story, Two-Family Dwelling in an R-4 (Two–Family Residential) Zone requiring relief from Minimum Lot Width (2 Family Use). Mr. Joseph Vena, attorney began by explaining the application, reviewing each variance independently. He explained that an additional variance that will be required for width. A parking requirement variance is also being requested for additional parking spaces. The attorney, Joseph A. Vena and Cataldo Cocuzza, applicant, were sworn in along with Laurance D. Appel, Architect and David Fantina, P.E. The following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew, dated 11/12/14 A –1 Colored copy of a key map A – 2 Architectural Plans, dated 11/14 prepared by Appel Design Group. Mr. Vena continued by questioning the applicant regarding the home. Both the right and left side pieces of property are part of the application. Mr. Cocuzza stated most of the lots on that street are 50 feet in width. ZBA Regular Meeting 2-12-15 Page 2 David Fantina, P.E. prepared the plans for this application. He explained why he proposed the home at this location on the site for the application. A new home will be built and located on the property in conformance with the zoning ordinances. During his meeting with the applicant, Mr. Fantina changed his proposed 3 story building to a 2.5 story building. Improvements will be made to the storm-water drainage system in that all the roof leaders will be directed into a drywell and any leftover drainage will be directed to the street. It was stated there was no additional land adjacent to this location available for purchase. As planned by Mr. Fantina, there will be no impact upon any neighboring homes. Mr. Fantina stated he provided 4 parking spaces on this location, two for each tenant. Mr. Fantina stated that all of the lots along the frontage of the applicant’s location are one family, across the road the homes are two family homes and also mixed use. Mr. Fantina was asked to give his credentials. He stated that he is a licensed engineer in the State of New Jersey and testified for several other municipalities. The Board accepted Mr. Fantina’s credentials. The public was given the opportunity to question the witness as follows: Frank Matturri, Lot 17 Locust Street, questioned where the single family homes are located on Locust Street. Mr. Matturri as life long resident of Locust Street, was sworn in due to his testifying regarding the types of homes on Locust Street. Mr. Matturri asked Mr. Cocuzza if the house is presently rented. Mr. Cocuzza answered yes. Mr. Santoro suggested that Mr. Matturri report the renting issue to the Borough if he believes there is an issue. Sam Piccolo, 71 Central Avenue, questioned the 50 foot for a single family and 60 foot for a two family is required in the R-4 Zone. Laurance D. Appel, gave his credentials. The Board accepted Mr. Appel’s credentials as a qualified licensed witness. He began by describing the Architectural Plans submitted. He stated a garage will house two vehicles underneath the building and two spaces in the front of the home will be available for parking. The house is 2.5 stories and is 34 feet in height. The front setback is now conforming and the side yard is remedied. The existing home is in disrepair and it will be demolished. The proposed home will be similar to the existing structure, but will have 2 entry doors, one for the lower and one for the upper portion of the home. Appropriate architectural details and materials are being used to fit into the existing neighboring homes. The basement contains garages, mechanical room, and storage, with no living space. There will be no normal habital egress windows or doors from the storage areas. Mr. Santoro had a problem with the building mass and requested that the applicant make several changes to lessen the building mass allowing the home to be more attractive on this narrow lot. Mr. Appel will encourage the applicant to make a change to the design in the rear to the roof. There will be grills on the windows both the front and rear. Mr. Paetzell questioned the drainage on site. Mr. Fantina described the drainage which exists, stating there is a sump pump in the garage which drains out to the street. Mr. Vena questioned Mr. Fantina regarding the side yards and asked which one would be more appropriate, a one or two family side yard. Both Mr. Fantina and Mr. Appel agreed upon the two family. A prefinished aluminum railing will be used. Several minor aesthetics were discussed, ie. lighting, foundation color, etc. Mr. Loughlin requested revised plans be submitted with the changes discussed. ZBA Regular Meeting 2-12-15 Page 3 There were no further questions from the Board or testimony from the applicant, the public was given the opportunity to ask questions as follows: Tom Stapleton, 8 Locust Street asked Mr. Cocuzza how close will the proposed house will be from his property. Mr. Cocuzza stated 10 feet. Sam Piccolo, 71 Central Avenue asked what the impact would be on the neighborhood of a one or two family home being built. Asked if there are any windows in the basement, and he was told there are two small windows for ventilation. Frank Matturi, 17 Locust Street, asked what the depth of the house is, and the depth of the existing structure. The public was now given the opportunity to make comments as follows: Frank Matturi stated he appreciates the input the Board has given and is against the two family homes being built in the area. Sam Piccolo, 17 Central Avenue also is concerned with the building of two family homes. Mr. Vena gave his summary of the application. The Board now was ready to deliberate. The consensus of the Board was to approve the application with the following conditions: wider trim around windows, cultured stone foundation, pre-finished aluminum railing, colonial lanterns on the doors, window grills and roof change in the rear and angled front porch. A revised plan will be submitted. A motion to approve the application with the conditions listed was made by Mrs. DeRosa and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Santoro and Ms. Kaar CASE NO. Z 15-003 Patrick & Karen Benson Block: 4702, Lot: 1 51 Noe Avenue Applicants are seeking permission to construct a 3 Story Addition, 3rd Story Addition, Dormer, Front Covered Porch and Deck in an R-2 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback (Crestview), Maximum Principal Building Coverage and Maximum Stories. Mr. and Mrs. Benson and Jerry Bruno, Architect, 9 Farrington St., West Caldwell, NJ 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 12/11/14 A – 1 Site Plans prepared by Jerry Bruno, Architect, A-1 thru A- 5 Mr. Bruno began by explaining the variances being requested. He continued by describing the current home which dates back to the 1950’s. The Crestview Avenue side will be developed to give the home conformity. An old solarium structure on the site will be removed. The building coverage is close to what is required. A drywell is proposed to cover the drainage from the addition. The basement level is an extension of the existing garage area. The first floor will contain a kitchen, to ZBA Regular Meeting 2-12-15 Page 4 allow for a better flow. A family room will be created on the first floor in an existing bedroom space. The second floor will house a new bedroom suite. The exterior elevations show a 1.5 story home and the basement level will be considered as a floor level. The existing ridgeline will be kept at about 26.1 feet. A residential sprinkler system will be installed in the home. The exterior will be constructed of shingles. The front will have a portico and a dormer cut into the existing bedroom. A gambrel roofing system is planned. The front and rear of the home is similar. A small transitional deck will be added in the rear. A drywell will be installed to catch the drainage from the new portion. Mr. Bruno stated if the application is approved, a drainage system will be submitted to Mr. Vogel for his approval. Mr. Santoro requested that all of the roof area be directed to the drywell. Mr. Bruno was finished with his presentation. There being no other testimony, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. A motion to approve the application with the condition that a drywell be installed and approved by the Borough Engineer, was made by Dr. Paetzell and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Santoro and Ms. Kaar CASE NO. Z 15-004 Mark & Alison Aromando Block: 4601, Lot: 24 155 Garfield Avenue Applicants are seeking permission to construct a Front Deck and Multi Level Rear Deck in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. and Mrs. Aromando 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 2/5/15 Mr. Armando explained that the home has no patio or deck and would like to construct a deck for family use outdoors. The deck will run the length of the house; with access to the kitchen and dining room. It will be 3.5 feet on the first level and the second level will be 2.5 feet in height, one step down. The front will be an extension of an existing porch, and 1.5 feet off the ground to fit a chair to sit outdoors. Mr. Santoro stated the rear is very private with the buffering of foliage. The front porch will cover the flower bed which presently exists. The material for both will be trek deck composite, no railing in the front. There being no further questions from the Board, and no questions from the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. Mr. Santoro stated that the lot causes a hardship. A motion to approve the application was made by Mr. Blair and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Santoro and Ms. Kaar 9. OTHER BUSINESS ZBA Regular Meeting 2-12-15 Page 5 Mr. Santoro asked the new Board members their reactions to the training program they attended and explained how the Board makes their decisions. He made suggestions as how to measure the applications and make decisions. 2014 Annual Report Discussion Mr. Santoro explained what the Zoning Board’s role is with regard to compiling the Annual Report. Mr. Hall and Mr. Santoro will review the applications presented this past year and compile the Annual Report. Zoning Board of Adjustment By-Law Discussion Mr. Santoro asked if anyone had any questions regarding the By-Laws. There were none. 10. ADJOURNMENT - The Board adjourned the meeting with a motion made by Mr. Blair and seconded by Ms. Kaar at 10:35 pm. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 2-12-15 Page 6