Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, August 13, 2015 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, N.J. 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, August 13, 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, Diane Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro and Carl Hess Also Present: Gary Hall, Zoning Board attorney Excused: Ms. Kaar Resigned: Mr. Poeter 4. PLEDGE OF ALLEGIANCE: The following minutes were distributed to all Board members prior to this meeting for their review. There were two small corrections made to the minutes. A voice vote of aye was heard from all eligible voting Board members. 5. MINUTES FOR APPROVAL - Regular meeting of July 9, 2015 Mrs. Driscoll was nominated to hold the position of Vice Chairperson, G.Hall agreed due to Mr. Poeter stepping down. A voice vote of aye was heard from all Board members present. Mr. Robert Vogel, Borough Engineer was sworn in and joined the Board at his seat. The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or corrections. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as presented. 6. RESOLUTIONS FOR MEMORIALIZATION: ZBA Regular Meeting – 8-13-15 Page 1 CASE NO. Z 15-022 Resolution granting variance application to Patrick Rowe, Block: 311, Lot: 7, 25 Pine Avenue to construct a 2 Story Addition, 2nd Story Rear Deck, and Air Condition Units in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. CASE NO. Z 15-024 Resolution granting variance application to James Casola, Block: 504, Lot: 12, 20 Canterbury Road to construct a Forward Expansion of an Existing Attached Garage with Open Porch Area above Existing Front Stoop – Relocation of Existing Stairs and Walk, New Roof in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. CASE NO. Z 15-025 Resolution granting variance application to Timothy & Alexandra Purnell, Block: 2302, Lot: 5, 3 Niles Avenue to construct a 2nd Story Addition (Cantilevered on 3 Sides) and an Air Conditioning Unit in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. 7. OLD BUSINESS: 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. Tim Blair left the podium for this application. A – 4 Revised Plan dated east west dated 7/20/15 A – 5 Planting Plan prepared by James Collins, LA dated 8/13/15 A – 6 Colored Rendering, dated 8/13/15 Mr. Nick Bensley, Architect, began by reviewing the suggestions that the Board had made at the June, 2015 meeting. The architect began with the Planting Plan, which was prepared by the Landscape Architect, reviewing the plan and what is being recommended. Next Mr. Bensley discussed what the applicant plans for the impervious coverage keeping in mind their budget. Several items will be reduced to lower the impervious coverage. Water runoff was addressed and the only viable place to put a seepage pit would be installed. Mr. Bensley ended his summary and Mr. Santoro asked if the Board had any questions. Ms. Driscoll still had concerns with the lot coverage. Mrs. Baxter asked if she could keep the pavers which she had initially installed. The Board agreed that she could keep the pavers as requested. There being no further questions from the Board or public, the Board began their deliberation ZBA Regular Meeting – 8-13-15 Page 2 The consensus of the Board was to approve the application with the condition that the pavers be kept. A motion to approve the application was made by Mrs. DeRosa and seconded by Mr. Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Blair and Mr. Hess CASE NO. Z15-023 Kristin Meskill Block 4601, Lot 16 32 Park Lane, Madison, NJ Applicant is seeking permission to construct a Brick Paver Patio, Wood Deck, Modular & Boulder Retaining Walls, (3) Natural Stone Steps, Stepping Stone Walkway, Ground Water Recharge System, and an Area Reducing Modifications to the Existing Brick Paver Driveway in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Steep Slope Disturbance. Robert Vogel, Borough Engineer joined the Board to sit at this application. All of the witnesses were sworn in at the July 2015 Regular meeting. Ms. Meskill began by reviewing the handout which was distributed to the Board members. All of the information contained included the changes that were suggested by the Board and Mr. Robert Vogel’s comments. Ms. Meskill reviewed each item individually. A portion of the information dated back to July. Slope stability and erosion was the first item that was discussed. The document was entitled “ Case No. Z15-023, 32 Park Lane. This document was generated to reply to the Board’s request along with Mr. Vogel’s requests. B – 2 Robert Vogel’s letter A – 9 Revised Plans A – 10 Cover Letter, dated 7/10/15, 2 pages A – 11 Handout, Case #Z15-023, dated 8/13/15 A – 12 Construction Equipment Access Exhibit dated 8/13/15 Mr. Brady reviewed the photos of the equipment which was contained in A-11 handout. Mr. Voight reviewed the A-12 Construction Equip Access Exhibit Mr. Brady reviewed the performance of the equipment when working on slopes. Mr. Vogel questioned the performance of the equipment due to the areas being a very steep slope. He was concerned if there was going to be a lot of hand work. Mr. Brady explained the severe slope and that stapling of woven material to keep the soil from eroding will be performed only in the areas of the disturbance of the slope. The next item discussed was the Stormwater Management Plan, which was revised and Ms. Meskill reviewed each item that the Board suggested to be revised. Mr. Santoro discussed the suggestions that Mr. Vogel had made in his letter. Mr. Vogel then explained the suggestions that he had made ZBA Regular Meeting – 8-13-15 Page 3 and that the applicant channel water through the property to which the applicant agreed. As a temporary measure the roof leaders will be led to the curb and she requested the Borough’s assistance. However, Mr. Vogel suggested that the pipe be installed underground and enter the next catch-basin and not wait for the Borough’s assistance. Mr. Brady answered several questions that were posed by Mr. Vogel and Mr. Santoro regarding the Stormwater Management Plan. The applicant agreed to Mr. Vogel’s suggestion to channel the water to the existing basin instead of putting it on the street. The Drywell and Soil Analysis were next for discussion. A Soil Analysis was performed and soil types were identified as pointed out by Mr. Brady. A permit will be obtained before any work commences. Mr. Vogel suggested that in our conditions in the Resolution a maintenance plan be attached to the site plan and approved by him. Tree Removal was inspected by an Arborist and 11 trees were in poor condition, a list is included in A – 11. Ms. Meskill believes that with the plan that was discussed this evening in A-11 it will improve the safety of her property and her neighbor’s as well. Mr. Santoro asked Mr. Vogel if the plan is reasonable and it could be acted upon by the Board this evening. Mr. Vogel agreed it could be voted upon this evening and believes the Engineer’s plan is a reasonable one and consistent with the Borough’s. The Board now gave the public the opportunity to ask questions as follows: Steven Cook, 716 Kitchawan Rd, Ossining, NY had a few questions regarding the drywell, Stormwater Management Plan. There being no further questions from the public, the Board began their deliberation. Mr. Hall reviewed the information which was presented this evening. The consensus of the Board was to approve the application as discussed with the Borough Engineer’s review and suggestions: leaders underground, maintenance plan approved by Mr. Vogel, compliance with all recommendations, submit plan to Robert Vogel for approval, adjust the driveway. A motion was made by Mr. Blair and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYE: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr Paetzell, and Mr. Santoro 8. NEW BUSINESS: CASE NO. Z 15-026 Joan Sterlacci Block: 2206, Lot: 12 53 Dean Street Applicant is seeking permission to remove Existing Built Sun Porch which was Built without Filing for and Obtaining Required Permits, the Existing Concrete Slab is to Remain to serve as a Patio in an R- 3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Ms. Joan Sterlacci and Vincent Sterlacci, were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated10/16/14 A – 1 Copy of survey dated 9/4/14 ZBA Regular Meeting – 8-13-15 Page 4 A – 2 Copy of prior survey outlining A – 3 Sketch showing patio and sunroom area Mrs. Sterlacci began by explaining why there wasn’t a permit. She and her husband built a room without a permit and the Borough ordered them to take it down. A 15x15 slab remains and the applicant would like to build a patio over the slab. Mr. Santoro reviewed the areas which is increasing the impervious coverage with no place to reduce it. The lot is conforming; however, Mr. Santoro would like to approve what is being presented. There being no further questions from the Board or public, the Board began their deliberation. A motion to approve the application was made by Dr. Paetzell, and seconded by Mr. Hess. 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 15-027 Paul & Christine Piechnik Block: 4701, Lot: 43 11 Lawrence Road Applicants are seeking permission to construct a 2nd Story Addition, Dormer and Roof Window in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback and Maximum Impervious Lot Coverage. Alan Andreas, Architect and Steven Azzolini, Attorney, Florham Park both were sworn in and the following exhibits were marked: B – 1 Letter of Denial, revised 7/14/15 A – 1 Copy of boundary survey, dated 2/12/15 A – 2 Plans prepared by Alan Andreas, 7/7/15 Mr. Andreas began by describing the application and what presently exists. A dormer and fireplace will also be added. There will be no detriment to the streetscape; all of the homes are aligned on this street. There will be no issues to the drainage. All water runs to the dell. The shed in the rear is being utilized. Mr. Santoro asked if any of the Board members had any issues with the application. No one replied. There is lots of privacy in the rear and the neighbors to the left have the driveway and no detriment to the neighborhood. There being no further questions or comments, 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. 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 CASE NO. Z 15-028 Dan O’Brien Block: 1004, Lot: 20 134 Greenwood Avenue ZBA Regular Meeting – 8-13-15 Page 5 Applicant is seeking permission to construct a Detached (3) Car Garage with “Work Shop”, Expansion of Existing Driveway, Porte Cochere, Drywell and Fence in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Accessory Structure Floor Area, Maximum Accessory Structure Height, Minimum Driveway Setback and Minimum Principal Building Side Yard Setback. Dr. Paetzell, recused himself from this application and stepped down from the dais. Dan O’Brien was sworn in along with Mr. Nick Bensley, Architect and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckalew, dated 7/7/15 A – 1 Partial topographic survey, dated 6/4/15 A – 2 Plans prepared by East West Architecture, 6/20/13 A – 3 Photos, 3 sheets Mr. Nick Bensley began by describing the application. The lot is 118 feet wide, 580 feet deep, there is a detached garage. The attic is unfinished, and a 3 bay barn was demolished previously. A separate building was discussed, however, this would not be allowed. The architect suggested a detached structure which can be utilized for storage of cars and equipment. A space for the au pair is being planned for the attic in their home. The garage will blend with the style of the house. A porte cochere is being planned for coverage from the weather. The height in the garage is needed for his vehicle which has a rack. The extra space could also be utilized for a play area for the children. The applicant would like to increase the size of the driveway. The back of the garage is 270 feet from the rear property line. The garage size without the shop would be 870 sf. The Board asked why a 3 car as opposed a 2 car garage. Mr. O’Brien stated that he stores 2 cars and would like space to work on his cars. The public was given the opportunity to ask questions and make comments: Alberta Marcy, 59 Fairview Avenue, stated the barn wasn’t very big. She believes that the project does not fit into the streetscape. Donald Marcy, 59 Fairview Avenue, expressed concern on two points, he believes that the porte cochere and the design of the barn should fit a little better. Bob Hauserman, 130 Greenwood, believes the project will have an impact upon the neighborhood and his view from his rear yard. He also has a general concern of runoff and water overflows into his yard. N–1 Photo of the view from the rear N–2 Super-imposed photo of the rear with the garage N–3 Photo of water runoff N–4 Photo of rear Alberta Marcy, 59 Fairview Avenue, stated the removal of trees by the applicant has caused runoff on to her property. Marc Cozzolino, 155 Central, reiterated most of Mr. Hauserman’s concerns, pointing out the building height and impervious coverage issues. ZBA Regular Meeting – 8-13-15 Page 6 N – 4 Photo of rear Michelle Mitterer, 129 Greenwood Avenue, believes the proposed project would be a great improvement to the neighborhood. Frank Curran, 127 Greenwood Avenue, did not object to the application. Lillian Morresi, 128 Greenwood Avenue, has two issues; she suggests moving the garage to the other side of the property, and decreasing the size of the garage proposed. Janice Jayne, 153 Central Avenue, expressed concern with the excessive removal of trees on the property. Terry Cozzolino, 155 Central Avenue, expressed concern with the possible construction of a pool on the property. Mr. Santoro stated he has reservations with the application. Stormwater management issues between properties is present, reduce the size of the garage, neighbors should discuss any issues they have with the applicant, setback issue with neighbor, and the height of structure. The applicant will return with a revised plan based upon the suggestions of the Board. CASE NO. Z 15-029 Deborah B. Fineman Bozik Block: 1110, Lot: 2 9 Howard Street Applicant is seeking permission to Remove an Existing Rear Enclosed Porch ( Existing Foundation to Remain) and construct a 1 Story Addition on Existing Foundation, and Remove Existing Circular Concrete Patio in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. Application will be carried to the next Regular Meeting scheduled for September, 2015. 9. OTHER BUSINESS: There was no other business. 10. ADJOURNMENT: The meeting was adjourned at 11:30 pm with a motion made by Mr. Blair and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 8-13-15 Page 7