Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, June 11, 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, June 11, 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, Roger Paetzell, Toni DeRosa, Diane Driscoll, Timothy Blair, Melissa Elias, Helen Kaar, and Carl Hess Also Present: Gary Hall, Attorney for the Zoning Board of Adjustment Excused: Ronald Poeter 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting of May 14, 2015 The minutes were distributed to all Board members prior to this meeting for their review. There was one correction made to the minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as submitted. CASE NO. Z 15-001 Resolution granting variance application to Cristin McKenna, Block: 2206, Lot: 21, 3 Station Road, 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). ZBA Regular Meeting – 6-11-15 Page 1 CASE NO. Z 15-012 Resolution granting variance application to Tim & Colleen Lucas, Block: 3404, Lot: 25, 127 Green Village Road, to construct a 2 Story Addition, 2nd Story Addition, Drywell and Removal of Existing Concrete Patio in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. \ CASE NO. Z 15-014 Resolution granting variance application to Mary & Paul O’Brien, Block: 304, Lot: 8, 3 Redmond Drive 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. CASE NO. Z 15-015 Resolution granting variance application to David & Sun Ju Valenta, Block: 3805, Lot: 7, 34 Albright Circle 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 Set Back (Right), Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. 7. OLD BUSINESS: 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. The applicant has withdrawn this application. 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. The applicant has withdrawn this application. CASE NO. Z 15-013 Kishore Ballal & 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 Principal Building Coverage. Maithili Rao began by stating her qualifications as a physician and then was sworn in, Kishore Ballal was previously sworn in at the May meeting, and the following exhibits were marked: ZBA Regular Meeting – 6-11-15 Page 2 A – 3 Revised Plans prepared by Jerry Bruno, Architect, rev. 5/29/15 Mr. Bruno began by explaining the changes that were made since the last meeting in May. The garage was reduced and would not need a variance. The sunroom was reduced by one foot and is still over the building coverage. The terrace was removed and replaced with a small step down porch. The garage was pushed back from the street from the previous application, and the sunroom appears the same, but is smaller. The scale of the garage is a lot lower and the height is also lower. The back of the home does not have much detail being that it is a track home. A car can still fit into the smaller garage and was reviewed and approved by Dan Buckelew. The new garage doors will match the existing garage doors, which are carriage style. The space above the garage is not large enough for storage. There being no further testimony, the public was given the opportunity to ask questions or make comments. There being none, the Board was now ready to deliberate. The consensus of the Board was to approve the application with the changes that were made. A motion to approve the application as revised was made by Mrs. DeRosa and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell, Mr. Santoro, Mr. Hess and Ms. Karr EXCUSED: Mr. Blair and Ms. Elias 8. NEW BUSINESS: CASE NO. Z 15-017 Terence & Lori Lusardi Block: 1102, Lot: 9 19 Anthony Drive Applicants are seeking permission to construct a 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. and Mrs. Lusardi were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 4/17/15 A – 1 Plans prepared by Robert Murphy, Architect, 4/2/15 A – 2, 3, 4 and 5 Set of 4 photos A – 6 Copy of survey with the Site Plan Mr. Lusardi began by describing the addition as being a bedroom, and the applicant stated the footprint of the home is not changing. He stated that the doorway to exit the house in the kitchen is not useable. The applicant wants to take the kitchen and move into the family room and the family room will be moved into the existing bedroom on the first floor. Additionally, a third bedroom is planned for the second floor. One of the photos depicts the neighboring home which was enlarged recently and the applicant’s home is still smaller than the neighbor’s. The size of the room on the second floor is approximately 11x22, and will be constructed over the porch. The water runoff from the porch is emptying into the applicant’s back yard. There have never been any water issues on the property. Mr. Santoro stated he is familiar with the area and believes there ZBA Regular Meeting – 6-11-15 Page 3 have been water issues and suggested that the applicant speak with the Borough Engineer and obtain his opinion whether or not a drywell should be installed. There being no further testimony, the public was given the opportunity to ask questions or make comments. There being none, the Board was now ready to deliberate. The consensus of the Board was to approve the application. A motion to approve the application was made by Mrs. Driscoll and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, and Mr. Hess. CASE NO. Z 15-018 Bill Baxter Block: 4314, Lot: 6 16 James Place Applicant is seeking permission to construct a 2-Car Garage with Terrace Above, Paved Driveway with Retaining Walls, Walkway, and Roof Canopy over Existing Roof in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Douglas Avenue), Minimum Front Yard Setback (Drew Place), Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. Mr. Blair excused himself from the application. Bill Baxter, Wendy White, and Nick Benseley, Architect were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 5/15/15 A – 1 Plans prepared by Mr. Benseley, Architect dated 4/22/15 A – 2 Copy of Zoning Requirement Plan, prepared by C. Mellick, Surveyor A – 3 Photo sheet, 6 Ms. White stated she has been living in Madison for a long time. The property line was cut extremely close to the home which existed when the applicant purchased the home. The parking space in the front of the home was removed a few years ago. The size and shape of the lot is small. The rear was paved and every evening the cars are run around to the back of the home because there is no overnight parking in Madison. A two car garage would be helpful to the family who is growing and to date have three cars. Mr. Baxter stated he is concerned with aesthetics and he and his wife want to clean the rear and make it aesthetically pleasing to the neighborhood. Mr. Benseley began by explaining the lot is non-conforming. The hardship is that the home has three front yards and the lot is undersized. The home is 2100 sf and the house is built on a slope. There is no deck or outside space for recreational use. Parking is all in the back of the home. The neighborhood does have homes with garages, some detached. The setbacks on the street vary from 38 to 23 feet. The proposed design is 24x24, with a drive which is sloping. There are also two retaining walls. The lot is 55.8% of a normal lot size. Mr. Benseley reviewed the comparative figures of a normal lot and this lot size. The garage will also enable the applicant to store some of the tools that are now in the ZBA Regular Meeting – 6-11-15 Page 4 rear of their home. The exterior will consist of brick veneer and a drywell will be installed with all drains coming off the back of the house. The driveway will follow the natural topography. The front porch will have a canopy cover. Mrs. DeRosa asked what materials are being proposed for the driveway and the landscaping that is being proposed. The applicant stated pavers would be utilized and additional landscaping would be installed. Ms. DeRosa requested plantings along the driveway. There being no further testimony, the public was given the opportunity to ask questions or make comments. The Board was now ready to deliberate. The consensus of the Board was to have the applicant return at the next meeting in July with the information regarding the pavers to be used for the driveway, the type of drywell to be installed, a landscape plan and the final revised plans be submitted with the Board’s requests. The Board took a break at 9:10 and returned at 9:20 pm. CASE NO. Z 15-019 Sean & Suzanne Graham Block: 906, Lot: 13 68 Knollwood Avenue Applicants are seeking permission to construct a 2nd Story Rear Addition with 2’ Cantilever and Covered Stairs, Reconstruction of Existing Garage Roof (No increase of existing area or height) 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 Buckelew, dated 5/11/15 A – 1 Plans prepared by Albert Martorano, Architect dated 5/18/15 A – 2 Add’l Plans dated 5/18/15 Mr. Graham began by explaining that they have lived in the home a short period of time. The family consists of 4 children and the addition is needed for a growing family. The home currently has a first floor rear addition and is in violation of the rear yard setback. The plan is to build upon this addition on the second story. He believes it would not have an impact upon the neighboring homes. The stairway proposed would replace the existing stairway. The entry way will be relocated to the rear of the property. All of the neighbors surrounding the applicant’s home have no problem with the proposed addition. The applicant plans to remove the existing roof over the family room and open it up and would require a slightly higher roof. No space will be added, it is being done to just open up the ceiling. In the rear the space that was used for welding will be cleaned up along with the leftover pavers. The patio area that presently exists will be restored at a later time and would be part of the landscaping design. There being no further testimony, the public was given the opportunity to ask questions or make comments. There being none, the Board was now ready to deliberate. The consensus of the Board was to approve the application. 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. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, and Mr. Hess. CASE NO. Z 15-020 Donald & Frances MacMaster Block: 3301, Lot: 11 ZBA Regular Meeting – 6-11-15 Page 5 4 Nordling Lane Applicants are seeking permission to construct a Brick Paver Patio around Existing In-Ground Pool (Pool to remain), Raised Brick Paver Patio Area with Seat Wall, Side Yard Brick Paver Walkway and Drywell. Applicant will be removing Existing Side Yard Walkway, Wood Deck and Existing Concrete Patio around Existing Pool in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. and Mrs. McMaster and Derrick Burdon, Pool Contractor were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 4/29/15 A – 1 Site Plan, prepared by DJ Gregarian Mr. McMaster began by explaining the need for the remodeling of the back patio and pool area to allow for a more appealing look. A 500 gallon drywell will be installed to capture any of the runoff from the house and the surrounding area. There will be five patio drains around the patio into the drywell. The rear of the home will have screening and plantings to allow for privacy. A deck box will be removed from the rear area. A raised paver patio will replace the deck. The existing concrete patio will be removed and rebuilt of brick. The entire area will be improved. All of the fencing issues will be addressed with some of the fence on the right will be replaced. There being no further testimony, the public was given the opportunity to ask questions or make comments. There being none, the Board was now ready to deliberate. The consensus of the Board was to approve the application. A motion to approve the application was made by Mrs. DeRosa and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, and Mr. Hess. CASE NO. Z 15-021 Igor & Margaret Nevistich Block: 301, Lot: 6 14 Ardsleigh Drive Applicants are seeking permission to construct a Front Portico, (1) 2nd Story Addition, (1) 1 Story Addition, (1) 2 Story Addition and a Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback and Maximum Principal Building Coverage. Mr. Nevistich was sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 5/8/15 A – 1 Set of Plans prepared by Joseph Marchese, Architect, dated 5/14/15 Mr. Nevistich began by explaining that the family is growing to three children. It has 3 bedrooms and a 4th bedroom is needed. The kitchen dates back to 1950 and several upgrades are needed. The roofline cuts into one of the rooms significantly and the applicant wants to modify the roof on that side of the house to straighten out the roofline. ZBA Regular Meeting – 6-11-15 Page 6 An additional bathroom is planned on the second floor to accommodate the large family. The kitchen is being expanded to allow a family of 5 to be comfortable. A covered portico is planned and that is what is increasing the building coverage. Mr. Hall corrected the plans that stated a 30 foot building setback to a 35 foot setback. Mr. Buckelew has already been informed of this correction. There being no further testimony, the public was given the opportunity to ask questions or make comments. There being none, the Board was now ready to deliberate. The consensus of the Board was to approve the application. A motion to approve the application was made by Mrs. Elias and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, and Mr. Hess. 9. OTHER BUSINESS: Mr. Hall discussed a letter which was sent to the Board from Mr. and Mrs. Porfiro, of 3 Station Road, Madison. Mr. Santoro discussed this issue with the Board members advising them of how to handle situations of this kind. 10. ADJOURNMENT: The meeting was adjourned at 10:15 pm with a motion made by Mrs. Driscoll and seconded by Mr. Blair. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 6-11-15 Page 7