Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, April 9, 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, April 09, 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, Ronald Poeter, Timothy Blair, Helen Kaar, Melissa Elias, and Roger Paetzell Also Present: Thomas Da Costa Lobo, Substitute Zoning Board attorney for Gary Hall 4. PLEDGE OF ALLEGIANCE The following sets of minutes were distributed to all Board members prior to this meeting for their review. 5. MINUTES FOR APPROVAL – Special Meeting of March 9, 2015 and Regular meeting of March 12, 2015. Minutes of March 12, 2015 were approved unanimously with a voice vote of aye from all eligible voting Board members. The March 9, 2015 minutes will be approved at the May meeting. 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members for their review prior to this meeting. All of the Resolutions were approved by a voice vote of aye from all eligible voting Board members. There were no corrections or additions to the Resolutions. CASE NO. Z 15-004 Resolution granting Preliminary & Final Site Plan with “C” and “D” Variances to St. Vincent Martyr Church, Block: 2801, Lot: 8, 26 Green Village Road, to construct an addition to the church and the school sites. CASE NO. Z 15-007 Resolution granting variance application to Martin Bengtsson & Karin Lindgren, Block: 4803, Lot: 10, 9 Barnsdale Road to construct a 2nd Story Addition in an R-2 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left). ZBA Meeting – 4-09-15 Page 1 CASE NO. Z 15-009 Resolution granting variance application to Legacy Home Builders, Block: 1901, Lot: 8, 10 Grove Street 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 7. OLD 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). At the request of the applicant this case will be carried to the May 14, 2015 agenda. 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. At the request of the applicant this case will be carried to the May 14, 2015 agenda. 8. NEW BUSINESS: CASE NO. Z 15-010 Brian Taddeo Block: 4601, Lot: 1.01 107 Garfield Avenue Applicant is seeking permission to construct a Rear Yard Patio with Fireplace and Seat Walls, and Install a Drywell in an R-1 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Gary Young, Attorney, of Lyndhurst, N.J. and Matt Rusk, Contractor of 131 Washington St., Morristown, N.J. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckalew dated 3/13/15 A – 1 Plans and survey prepared by Mark Nissin Mr. Rusk began by describing the property and what is planned for the rear yard. Mr. Young continued by stating that the project is not grandiose, the groundwater runoff is being captured and the project will enhance the property. The house was a tear down and the applicant is dealing with the project in a tasteful manner. ZBA Meeting – 4-09-15 Page 2 The new drywell will be located behind the fireplace and the pre-existing drywells are located near the driveway. Mr. Young believes the positive and negative criteria have been met. At this point in time, the public was given the opportunity to ask questions or make comments. There being none, 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. Poeter and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr. Patzell, Mr. Poeter, Mr. Santoro and Mr. Hess CASE NO. Z 15-011 John & Mary McManus Block: 602, Lot: 5 6 Fairview Avenue Applicants are seeking permission to construct a 2nd Story Addition, Open Front Porch, and Replacement of Existing Air Conditioning Unit in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right) and Maximum Impervious Coverage. Mr. and Mrs. Mc Manus were sworn in and the following exhibits were marked: B – 1 Letter of Denial dated 3/13/15 from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew A – 1 Survey dated 11/6/14 A – 2 Two pages of plans dated 3/17/15 prepared by Mr. McManus, Applicant/Contractor A – 3 Collection of photos of the front, rear and both sides of the house. Mr. McManus began by describing the project which is an addition in the rear and the construction of a front porch. Mr. McManus the footprint will remain the same and there will be a minimal increase in the impervious coverage which is located in the front porch. The chimney will be raised according to the Borough Code. The roof line was questioned and Mr. McManus explained the reasoning of the height of the house, which is 28 feet in height. The family is growing and the space will be sorely needed for them. At this point in time, the public was given the opportunity to ask questions or make comments. There being none, 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 Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr. Patzell, Mr. Poeter, Mr. Santoro and Mr. Hess CASE NO. Z 15-008 Brian & Becky Peterson Block: 3803, Lot: 40 10 Pomeroy Road Applicants are seeking permission to construct a 3 ½ Story Addition (Note: The Existing Basement and Existing Attic Both meet the definition of “A Story”), Front Open Covered Porch, Rear Deck, Expansion of Existing Driveway, 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 . ZBA Meeting – 4-09-15 Page 3 Steve Warner, Attorney, Summit, NJ representing the Peterson’s explained that the applicant is not present and he is here to represent them. Three witnesses are present tonight. B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Dan Buckalew, dated 3/16/15 A – 1 Survey, prepared by Wm. Hollows, dated 11/25/15 A – 2 Set of Plans drawn by Aidan and Murphy, Engineers A – 3 Additional Set of Plans Mr. Warner continued describing the application and the applicants whose family has resided in home for many years. He continued by describing the variances which are being requested and the reasons for these variances. Wm. Van Ryzin, Madison, N.J., Licensed Professional Architect was sworn in and gave his credentials and was accepted by the Board. Mr. Van Ryzin explained to the Board his reason for working on this project. A – 4 Photo sheet of various views of the home Mr. Van Ryzin continued, stating that this project has been submitted to the Historic Preservation Commission (HPC) and has been reviewed. At this point in time Mr. Van Ryzin reviewed the interior plans pointing out the changes that were made through the years. A two car garage was added in the 1970’s. The second staircase that presently exists will be removed and a new staircase will be added. He believes the original staircase is sub-standard. It will be easily accessible from the garage. The addition, which is basically above the garage, will consist of a new kitchen, powder room, and butler’s pantry on the first floor. The existing basement has a 7 foot ceiling and is not considered as useful space. On the second floor, the space measures 2,105. The third floor contains the bulk of the additional square footage, totaling 2,700 square feet. The old garage will be demolished and the area above will be expanded. Four small bedrooms and a master bedroom suite will be constructed above the garage totaling 5 bedrooms The fourth floor has a bathroom and a very small room in the front of the house and a larger bedroom in the rear. The small room in the front will be utilized as Mr. Peterson’s office. The attic will contain the air conditioning units and be utilized as mechanical space. The proposed square footage, living space, is approximately 6,000 square feet. The exterior of the home measures 42.6 feet existing, the historically significant façade, is 38.3 feet. The remainder of the addition which travels around the rear is significantly lower than the rest of the home. The side elevation facing Prospect Street has a flat roof. The rear view of the plan shows the kitchen and recreation room and no area is higher than the original structure. Mr. Van Ryzin discussed the materials that will be used on the exterior of the home and stated the materials were discussed at the HPC. The garage’s structural integrity is being compromised. The proposed garage will be constructed of wooden planks, carriage doors and small windows representing the Victorian era. The County has performed historical reviews of Madison in 1989, 1996 and is presently doing so for this current year. A – 5 Series of black and white photos of the surrounding area on Pomeroy Road, marked Z-8 A – 6 Letter from the Historic Preservation Commission, dated 3/10/15 responding to the current plans ZBA Meeting – 4-09-15 Page 4 Mr. Santoro is concerned with the size of the structure, height and building mass visible from the street. Mr. Warner requested that Mr. Van Ryzin make the comparison to those homes across the street from the project. The Board and Mr. Santoro discussed their concerns and gave their input. He stated he is concerned with setting precedents, and what could happen in the future. Mr. Warner answered Mr. Santoro’s and the Board’s concerns. Mr. Santoro voiced his concerns with the application to Mr. Warner; those being the massing, height, and principal building coverage. Also other issues that were brought up by Board members. The following individuals from the public were given the opportunity to make comments and suggestions as follows: Mr. Wasik, 68 Prospect Street, concerned with the mass and thanked the Board for their work. Mike Hiley, 15 Pomeroy Rd, concerned with the mass, impervious coverage, etc. Jeff Gertler, 33 Pomeroy Rd., questioned Mr. Warner and Mr. Warner suggested that Mr. Gertler speak with the applicants. Mr. Gertler continued by stating the character of the home is being compromised. Elwood Kerkeslager, Prospect Street, has an issue with the topography of the lots. He believes the construction will affect the rear of the property, specifically the oak trees. He also questioned the porch in the rear. Mrs. DeRosa asked if the applicant can focus on the plant life. The applicant will return at the next regular meeting scheduled for May 14, 2015 with revised plans. 9. OTHER BUSINESS: Mr. Santoro asked for an approval of the Annual Report of 2014. A motion to approve the Annual Report was made by Mr. Poeter and seconded by Mr. Blair. A voice vote of aye was heard from all Board members in approval of the Annual Report of 2014. A discussion took place regarding several other issues which the Board reviews. 10. ADJOURNMENT: The meeting was adjourned at 10:00 pm with a motion made by Mrs. DeRosa and seconded by Mr. Poeter. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Meeting – 4-09-15 Page 5