Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, March 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, March 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, Diane Driscoll, Helen Kaar, Melissa Elias, and Roger Paetzell and Ron Poeter Excused: Carl Hess, and Timothy Blair, Also Present: Keith Loughlin, Substitute Zoning Board attorney for Gary Hall, and Frances Boardman, Substitute Recording Secretary 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL –Regular meeting of February 12, 2015 The regular meeting minutes were distributed to all Board members prior to this meeting for their review. There were several corrections made to the 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 15-002 Resolution granting variance application Cataldo Cocuzza, Block: 1002, Lot: 20, 6 Locust Street 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). CASE NO. Z 15-003 Resolution granting variance application Patrick & Karen Benson, Block: 4702, Lot: 1, 51 Noe Avenue 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. ZBA Regular Meeting 3-12-15 Page 1 CASE NO. Z 15-005 Resolution granting variance application Mark & Alison Aromando, Block: 4601, Lot: 24, 155 Garfield Avenue 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 and Minimum Rear Yard Setback. 7. OLD BUSINESS – None 8. NEW BUSINESS – CASE NO. Z 15-001 Cristin McKenna Block: 2206, Lot: 21 3 Station Road Applicant is seeking permission to construct a 2 ½ Story Addition, Expansion of Existing Attic Half Story, Front and Rear Covered Front Porches, Rear Paver Walkway, Removal of Existing Macadam Driveway and Maximum Fence Height Installed without a Permit in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Left) Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and Maximum Fence Height (left Side Line). Mr. John Phillips, Esq began by giving a brief description of the application before the Board. He stated that the owners were present as well as the architect. At this time Mr. Arthur Demarest, RA Architects, LLC, 90 Ketchum Road, Hackettstown, NJ was sworn in and the following exhibits were marked: B-1 Letter of Denial from the Deputy Zoning Officer, Dan Buckelew, dated December 11, 2014. A-1 Proposed Plans prepared by Arthur Demarest, dated December 3, 2014 A-2 Site Plan prepared by Arthur Demarest, dated December 3, 2014 A-3 Proposed Elevations prepared by Arthur Demarest, dated December 3, 2014 Mr. Demarest gave his qualifications to the Board and was accepted as an expert witness. Mr. Demarest went through the zoning analysis and the variances being created with this application. Mr. Demarest stated that the lot is undersized for the zone. A portion of the macadam drive will be restored with lawn and an existing portion of a rear patio will be removed. An open Gable roof will be added to the front porch and will not be enclosed. An effort to maintain water runoff with leaders toward the street will capture the garage and home. A 6 ft fence was constructed on the property without permits. The homeowners were not aware at that time that a permit was required or that the height of the fence was an issue. The Board was concerned with the setback to the east. They feel that there is too much building mass to close to the property line. The lot is very narrow. This is an ambitious application and the impervious coverage will be 1,487 square feet over the permitted in the R-3 Zone. There has been no special reason stated through the testimony for such a large building mass. The fence height should comply with the zoning ordinance, unless it serves a purpose, which has not been stated this evening. The Board expressed that the application was an intensive and excessive use of the land. They feel that the applicant and the architect should look back at the layout and try and reduce the mass and the impervious coverage. The floor was opened to the public for questions and comments: ZBA Regular Meeting 3-12-15 Page 2 Mr. Francesco & Maria Porfirio, 5 Station Road, Madison were sworn in. They are very concerned with the drainage system between the properties. Mr. Vogel, Borough Engineer, had been to their property on September 16, 2013 to see exactly what issues they were dealing with. Mrs. Porfirio, pointed out that several projects at the home including a fence, patio and soil grading were done without the obtaining the proper permits. At this time the consensus of the Board was to have the applicant return to the April 9, 2015 Zoning Board meeting with revised plans. This application will be carried to the April 9, 2015 meeting without further notice. CASE NO. Z 15-006 Kathleen Gargiulo Block: 3701, Lot: 5 54 Green Avenue Applicant is seeking permission to construct a 8’ X 16’ Shed in the Rear Yard as well as a 6’ High Solid Fence in a R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Coverage. Mr. and Mrs. Gargiulo were sworn in and the following exhibits were marked. B–1 Letter of Denial from the Deputy Zoning Officer, Dan Buckelew, dated September 9, 2014. A-1 Survey of Property prepared by Peter Borbas, dated September 29, 2014. A-2 Photographs prepared by Homeowner. Mrs. Gargiulo began her testimony explaining to the Board the need for the shed. The property owners Mother-in-Law has moved into the home and the shed would provide more space in the garage for easy access to the home. Mrs. Gargiulo handed out to the Board a color photo document showing the improvements made to the home over the years, which included a retaining wall, belgium block placed in the driveway after paving and placement of a drain field, approximately 5’ x 15” in the rear of the property. The Board had concerns with the impervious coverage, even with the improvements to the home over the years to decrease water runoff. Mr. Santoro stated that he had not heard a reason to grant the variance and that no positive criteria had been offered. The Board would like to see the applicant retain a licensed Engineer to inspect the property and report that all storm water measures can contain the water runoff. The Board would like to see the applicant return with a reduction in the impervious coverage on site and a storm-water management report. The floor was opened to the public for questions and comments: Karen Freed, 49 Maple Avenue, Madison, was sworn in. Mrs. Freed supported the application, stating that she has been residing in her home since 2009 and has not had any water issues in her yard. She also states that a drywell and a French drain has been installed on her property to contain water runoff. This application will be carried to the April 9, 2015 meeting without further notice. ZBA Regular Meeting 3-12-15 Page 3 CASE NO. Z 15-007 Martin Bengtsson & Karin Lindgren Block: 4803, Lot: 10 9 Barnsdale Road Applicants are seeking permission to construct a 2nd Story Addition in an R-2 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left). Douglas Miller, Architect, 281 Main Street, Millburn, NJ was sworn in and the following exhibits were marked. B-1 Letter of Denial from the Deputy Zoning Officer, Dan Buckelew, dated January 22, 2015 A-1 Proposed Site Plan prepared by AHM Architects, dated January 15, 2015 having no revisions A-2 Color Photo Board prepared by AHM Architects, taken March 2015, not altered in anyway. Mr. Miller began his summary of the application; he stated that the small 2nd story addition is not intensifying the existing non conformity to the side yard setback to the left of the property. The addition will not impact the neighbors and it will have a minimal impact to the street. The addition will preserve the air, light and ventilation to the neighbors to the left. 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. The Board felt that this was a modest improvement and would have no negative impact to the neighborhood. A motion to approve the application as presented, was made by Mrs. Driscoll and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Poeter, Mr. Santoro and Ms. Kaar CASE NO. Z 15-008 Brian & Becky Peterson Block: 3803, Lot: 40 10 Pomeroy Road Applicants are seeking permission to construct a 2 ½ Story Addition over Existing Rear Basement “Story”, Front Open Covered Porch, Rear Open Covered Porch, Expansion of Existing Driveway, Side & Rear Yard Retaining Wall, Rear Yard Stepping Stone Walk, Air Conditioning Units and Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Building Height, Maximum Building Stories, Maximum Principal Building Coverage, Maximum Impervious Lot Coverage, Minimum Retaining Wall Setback (*) Combined Proposed Fence & Wall Height. This applicant was not heard and carried to the April 9, 2015 Zoning Board of Adjustment meeting. The applicant will need to notice all neighbors and newspaper for this meeting. A ten minute break was taken at 9:06pm, at 9:16pm the board reconvened with all members present. ZBA Regular Meeting 3-12-15 Page 4 CASE NO. Z 15-009 Legacy Home Builders Block: 1901, Lot: 8 10 Grove Street Applicant is seeking permission to construct a Detached 2-Car Garage, Expansion of Existing Driveway and Drywell in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage Mr. Samuel DeAngelis, Esq. began by giving a brief summary of the application. Mr. Jonathan Novalis applicant was sworn in. The following exhibits were marked: B-1 Letter of Denial from the Deputy Zoning Officer, Dan Buckelew, dated February 17, 2015 A-1 Color Photo Board A-2 A 3D Color Rendering of purposed addition on site A-3 Plot Plan prepared by Andrew Clarke, dated January 30, 2015 having no revisions A-4 Proposed Architectural drawing of Garage, prepared by Arthur Demarest, RA, Architects, L.L.C., dated February 10, 2015 having no revisions. Mr. Santoro, Board Chairman, inquired why this application had been bifurcated. The applicant stated it was always the intent to build a two car garage but the addition to the home and the deck did not need variances. The Board was concerned with the amount of impervious coverage this 2-Car garage, and driveway expansion was creating within this lot. The Board inquired if Mr. Novalis would consider reducing the size of the deck and moving the garage up. Mr. Novalis stated that the drywell, shown on the plot plan was designed to help alleviate the storm-water issues and that the rear of the home and the garage will be directed into the drywell, while the front and side of the home will drain directly into the street drainage system. The public was given the opportunity to question the witness: Rick Wagstaff, 11 Hamilton Street, Madison asked how the water was going to be managed. He has lived at his current address for 18 years and there is a huge issue with water. David Myers, 9 Hamilton Street questioned the screening planed for the rear of the site? Georgia VanRyzin, 8 Grove Street also commented on the water issue on the site and the surrounding streets. Mr. Novalis stated that there were to be no leaders on the ground and that all water runoff is anticipated to be alleviated by the drywell. The Board was still seeking a reduction in the impervious coverage number. They agreed that buffering in the rear of the property was a good idea and that a Landscape Architect should be contacted to help with this. Mr. Wagstaff was sworn in at this time and presented pictures of his rear yard to the Board. These photos were marked into evidence as: P-1 Photos taken by Mr. Wagstaff of the rear of his property abutting 10 Grove Street ZBA Regular Meeting 3-12-15 Page 5 Mr. Wagstaff is concerned with the aesthetics in the rear of his property with concern for privacy and screening of the rear. Mr. Novalis stated that he usually only landscapes the front yards of his projects. The Board felt that landscaping the rear would offer a compromise to the neighbors and the excessive impervious coverage concern. It was noted that the neighbors present this evening with concern regarding the landscaping should speak with the applicant directly and work with him to alleviate any concerns. The Board now was ready to deliberate. The consensus of the Board was to approve the application with the following conditions as discussed this evening and stated by Mr. Loughlin, Esq. A landscape plan will be submitted for review by the Borough Engineer. A motion to approve the application with the conditions discussed this evening was made by Mrs. DeRosa and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Poeter, Mr. Santoro and Ms. Kaar 9. OTHER BUSINESS 2014 Annual Report Discussion Mr. Santoro stated that he and Mr. Hall will meet with the Planning Board on April 21, 2015 to discuss the Annual Report. Enforcement is an issue and should be discussed with the Planning Board and Mayor and Council. 10. ADJOURNMENT - The Board adjourned the meeting with a motion made by Mrs. Driscoll and seconded by Ms. Kaar at 10:45 pm. Respectfully submitted, Frances Boardman Recording Secretary ZBA Regular Meeting 3-12-15 Page 6