Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, May 14, 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, May 14, 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”. The Announcement of Notice was read and Gary Hall opened the Special Meeting of March 9, 2015. The minutes of that meeting had been distributed to the Board members who attended the meeting for their review. A roll call vote approving the minutes as submitted was heard as follows: AYES: Mrs. Driscoll, Mrs. Kaar, Mr. Gertler and Dr. Paetzell. The Regular Meeting of May 14, 2015 commenced with a roll call. 3. ROLL CALL: Present: Joseph Santoro, Toni DeRosa, Helen Kaar, Diane Driscoll, Carl Hess and Roger Paetzell Excused: Ronald Poeter, Timothy Blair and Melissa Elias Also Present: Zoning Board attorney 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 April 9, 2015 6. RESOLUTIONS FOR MEMORIALIZATION: The following Resolutions were distributed to all Board members prior to this meeting for their approval. There were no additions or corrections made to the Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. ZBA Regular Meeting – 5-14-15 Page 1 CASE NO. Z15-004 Resolution granting Preliminary and 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. Z15-010 Resolution granting variance application to Brian Taddeo, Block: 4601, Lot: 1.01, 107 Garfield Avenue 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. CASE NO. Z15-011 Resolution granting variance application to John and Mary McManus, Block: 602, Lot: 5, 6, Fairview Avenue 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 Lot Coverage. 7. OLD BUSINESS: CASE NO. Z15-001 Christin McKenna Block: 2206, Lot: 21 3 Station Road Applicant is seeking permission to construct a 21/2 story addition, expansion of existing attic half story, front and rear covered front porches rear paver, walkway, removal of existing macadam driveway ad 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 C. Phillips, attorney for the applicant began by describing the changes that were made as per the Board’s request at a meeting in March. He continued by stating a Storm-water Plan will be introduced and the Building Coverage will change. A – 4 Set of Revised Plans Mr. Demarest, Engineer began by describing the changes which the Board suggested, ie: the massive size of the home, reduction of the rear projection of the building. As part of the changes, the scale of the addition is now within the scale of the home. The addition will blend in with the hip roof. The floor plans have changed in the rear projection of the addition, which is being reduced by five feet. A rear door has been added to enter the mudroom. The Building Coverage has been reduced by 73 feet. The impervious coverage has been reduced by eliminating the concrete walkway to the right of the home. The existing front walk will be removed and replaced by pavers. The driveway will be removed and replaced with pavers. A portion of the patio on the side of the home will also be reduced. A Civil Engineer has been retained and the storm-water issues have been addressed and resolved by taking the underground piping and discharging that water into two tanks in the front yard. ZBA Regular Meeting – 5-14-15 Page 2 A topography has been performed on the rear of the lot on the left side. A landscape wall a few feet from the property line will be added and the grade will be raised up to allow the surface water to run over the pavers on the driveway. Almost 80% of the runoff to 5 Station Road has been eliminated. A – 5 5 Station Road photo Christin Mc Kenna, 3 Station Road, applicant, verified the photos that she had taken. She stated there are presently bushes and rose bushes and the applicant is planning to install arborvitae for privacy and water retention on the property between 3 and 5 Station Road. A – 6 Photo of the fence, 4 feet open Mrs. McKenna stated the 4 foot fence starts at the rear of the addition. There being no further testimony the public was given the opportunity to question the applicant. Maria and Francesco Porfirio, 5 Station Road, were concerned with the 10 foot section of the fence and the portion that was cut down to 4 feet. They requested that the entire fence be reduced to 4 feet. Mrs. Mc Kenna rebutted that her fence is 6 feet from the ground level of the property, however, the Porfirio’s believe it is not acceptable. Mrs. Porfirio asked who will monitor the water conditions and the tanks that are being installed. Mr. Santoro suggested that all parties work together and if there is water, contact the Borough Engineer and the McKenna’s. Mr. Phillips summarized the testimony. The Board now began their deliberation and the consensus of the Board was to approve the application with the changes that have been made and conditions listed. A motion to approve the application was made by Mrs. DeRosa and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell, Mr. Santoro, Mr. Hess and Ms. Kaar Conditons are: Landscaping on the side of the house adjacent to the stormwater area, stormwater proposal subject to review by the Borough Engineer, siding should match the existing siding on the home. CASE NO. Z15-006 Kathleen Gargiulo Block: 3701, Lot: 5 54 Green Avenue Applicant is seeking permission to construct an 8’x16’ shed in the rear yard as well as a 6’ high solid fence in an R-2 (Single-family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. At the request of the applicant, this application will be carried to the June 11, 2015 meeting. CASE NO. Z15-008 Brian and Becky Peterson Block: 3803, Lot: 40 10 Pomeroy Road ZBA Regular Meeting – 5-14-15 Page 3 Applicants are seeking permission to construct a 31/2 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. At the request of the applicant, this application will be carried to the June 11, 2015 meeting. 8. NEW BUSINESS: CASE NO. Z15-012 Tim and Colleen Lucas Block: 3404, Lot: 25 127 Green Village Road Applicants are seeking permission to construct a 2-story addition, 2nd story addition, drywell and removal of existing concrete patio in an R-2 (Single-family Residential) Zone requiring relief from 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 March 19, 2015 A – 1 Copy of Survey, prepared by Benjamin & Wizorek, dated 12/11/14 A – 2 Plans, 4 sheets prepared by Jerry Bruno, Architect Mr. Tim Lucas, was sworn in along with Jerry Bruno, Architect who gave his credentials and was accepted by the Board as a qualified professional. Mr. Lucas began by thanking the Board for their visits. He stated the family is growing and a family room and additional bathroom would be helpful for comfortable living. Mr. Bruno began by describing the addition in the rear. A drywell system is planned for the rear to pickup any water from the new addition. He continued to describe the layout on the second floor. He is proposing a gambrel roof to match the roof which presently exists. The addition will reflect all the styles contained on the home. The shingles will also match the shingles which are presently on the home. There being no further questions from the Board, 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 presented. A motion to approve the application was made by Mrs. Driscoll and seconded by Mrs. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell, Mr. Santoro, Mr. Hess and Ms. Kaar CASE NO. Z15-013 Kishore Ballai and Maithili Rao Block: 4301, Lot: 1 412 Woodland Road Applicants are seeking permission to construct a 1-story rear addition, expansion of existing brick paver driveway, bluestone terrace and drywell in an R-3 (Single-family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. ZBA Regular Meeting – 5-14-15 Page 4 B – 1 Revised Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckalew, dated 4/20/15 A – 1 Copy of Survey, dated 5/19/08 A – 2 Set of Plans, prepared by Jerry Bruno, Architect, dated 4/1/15, 3 sheets Kishore Ballai and Jerry Bruno, Architect were sworn in and Mr. Ballai began by explaining what he would like to do to his home. He stated his parents will visit from India and the enclosed patio will protect his mother- in-law with her skin condition and keep her out of the sun. Mr. Bruno began by describing the proposed addition. In the rear the applicant proposes a drywell to pickup any of the runoff. A bump out in the rear will be removed. The Colonial Classical style is proposed for the addition. The sunroom will have panels to change the look of the rear. The garage addition is one story to allow breaking of the mass of the home. The third garage is proposed for his mother-in-law’s car when she visits. The applicant agreed to reduce the bluestone patio in size. Mr. Santoro stated he has a problem with the building mass due to the addition on the garage. Mr. Santoro explained that he does not believe there is a hardship. Board members also agreed that the sunroom is very large and asked if it could be reduced. The consensus of the Board was to reduce the size of the sunroom and patio which are also excessive in size. They all agreed that there has to be a reduction somewhere. Mr. Santoro asked if any members of the public had any questions or comments. There being none, the Board suggested that the applicant return at the next meeting on June 11, 2015 with a revised plan reflecting their concerns. CASE NO. Z15-014 Mary and Paul O’Brien Block: 304, Lot: 8 3 Redmond Drive Applicants are seeking permission to construct a 1 ½ story rear addition with exterior steps in an R-3 (Single-family Residential) Zone requiring relief from Minimum Rear Yard Setback. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckalew, dated 4/14/15 A – 1 Copy of survey, dated 11/24/14, A – 2 Copy of survey with markings A – 3 Sheet with 4 photos of house A – 4 Set of Plans prepared by David Benson, Architect, dated 1/3/15 A – 5 Aerial photo of Morris Place Paul O’Brien, applicant and David Benson, Architect were sworn in and Mr. O’Brien began by explaining the need for the addition. Mr. Benson began by stating the home is outdated with small rooms and not conducive to today’s living. The applicant wishes to open up the space to give the family room to entertain. A 10x19 extension will open the existing kitchen space. The addition is where the deck is presently located and the applicant is not planning to construct another deck. The powder room will be relocated to make a better flow within the home. The applicant could not expand in any direction without a variance. There being no further testimony, 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 ZBA Regular Meeting – 5-14-15 Page 5 to approve the application as presented. A motion to approve the approve the application was made by Mrs. Driscoll and seconded by Mrs. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell, Mr. Santoro, Mr. Hess and Ms. Kaar. CASE NO. Z15-015 David and Sun Ju Valenta Block: 3805, Lot: 7 34 Albright Circle Applicants are seeking permission to construct a 2nd story addition, open front porch, rear deck, air conditioning unit, front walk and drywell in an R-2 (Single-family Residential) Zone requiring relief from Minimum Front Yard Setback (right), Minimum Side Yard Setback (right) Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Dan Buckalew, dated 4/8/15 A – 1 Copy of Survey dated 8/30/07 A – 2 Plans prepared by Jerry Bruno, Architect, dated 4/9/15, 5 sheets Mr. David Valenta and Jerry Bruno, Architect were sworn in and Mr. Valenta began by describing what they are proposing in this application. He stated the home is approximately 1500 sf and decided to put an addition on the second floor. The first floor will be reserved for Mr. Valenta’s parents. A second floor will be created by an addition. The property is undersized causing a hardship for development. A landscaped retaining wall is proposed for the rear. A drywell is also proposed and planned by the applicant’s engineer. The porch and foyer will be combined to reflect one larger area for entry. The second floor will house a master bedroom suite, a bathroom and a balcony overlooking the hallway. There will be a stairway to an unfinished attic. The house reflects an Arts and Crafts style. The roofline will be gable style. All the existing siding will be removed and shingle siding will be installed. Arts and Crafts details will be added. All new windows will be installed. The majority of the leaders from the home will drain into the drywell which is being proposed. Two leaders in the front will drain to the front. The Board suggested a drywell in the front also to capture the water from the present drains. There being no further testimony, the public was given the opportunity to ask questions or make comments as follows: Craig Erezuma, 28 Albright Circle, stated he spoke with Mr. Valenta and he wanted to share some elevation samples with the Board. He believes that the height is a major issue. The attic is driving the height of the roof. He stated that the roof should be shrunk down. Mr. Erezuma was sworn in and the following exhibits were marked: O – 1 Photo of front elevation O – 2 Schematic elevation alternative Mr. Valenta rebutted stating that Mr. Bruno did a short study and is in conflict with Mr. Erezuma’s presentation. ZBA Regular Meeting – 5-14-15 Page 6 Mr. Erezuma then came back and stated that this home is not shown in the context of the neighborhood. He believes the neighborhood cannot support the 37 foot height of this house. Mr. Erezuma stated that his drywell does not work and he suggested the applicant’s overflow go to the street instead of a drywell. Mr. Bruno then presented his rebuttal and verified the size of the attic and the rule which applies. A – 3 Cross-section A – 4 Plan of attic space Mr. Santoro asked if the applicant would entertain the change which was presented by Mr. Erezuma. Mr. Bruno stated that it could be done. A – 5 Three photos Mr. Bruno suggested reducing the height and the pitch of the roof. Mr. Santoro agreed to the changes which Mr. Bruno suggested to conform to the 35 foot height. Mr. Santoro stated that the applicant should discuss with the Borough Engineer the location of the drywell. Mr. Valenta stated there is an existing berm and that it could be lengthened and plantings can be installed. Mitchell Kirschbaum, 30 Albright Circle, believes the reduction suggested would not make a difference. He does not believe the plantings would be good. Mr. Bruno stated the two side hips will be brought inward, the height of the hip will be dropped down three feet, (29 feet). The usable area in the attic will be reduced. There being none, the Board began their deliberation. The consensus of the Board was to approve the application. Mr. Santoro directed the applicant to contact the Borough Engineer to discuss recommendations for the overflow of water on the property. A motion to approved the application was made by Dr. Paetzell and seconded by Mr. Hess. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Dr. Paetzell, Mr. Santoro, Mr. Hess and Ms. Kaar. NAY: Mrs. Driscoll 9. OTHER BUSINESS: No other business. 10. ADJOURNMENT: The meeting was adjourned at 10:39 pm with a motion made by Mrs. Driscoll and seconded by Mr. Hess. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 5-14-15 Page 7 ZBA Regular Meeting – 5-14-15 Page 8