Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, September 10, 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, September 10, 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, Melissa Elias, Dr. Roger Paetzell, Carl Hess and Helen Kaar Also Present: Gary Hall, Zoning Board Attorney and Frances Boardman, Zoning Board Secretary Excused: Timothy Blair, Diane Driscoll 4. PLEDGE OF ALLEGIANCE: 5. MINUTES FOR APPROVAL - Regular meeting of August 13, 2015 The minutes were distributed to all Board members prior to this meeting for their review. There were major corrections made to the minutes. A voice vote of aye was heard from all eligible voting Board members to approve the minutes with the corrections recorded this evening. 6. RESOLUTIONS FOR MEMORIALIZATION: 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. CASE NO. Z 15-018 Resolution granting variance application to Bill Baxter, Block: 4314, Lot: 6, 16 James Place 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. CASE NO. Z 15-023 ZBA Regular Meeting – 9-10-15 Page 1 Resolution granting variance application to Kirstin Meskill, Block: 4601, Lot: 16, 32 Park Lane 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. CASE NO. Z 15-026 Resolution granting variance application to Joan Sterlacci, Block: 2206, Lot: 12, 53 Dean Street 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. CASE NO. Z 15-027 Resolution granting variance application to Paul & Christine Piechnik, Block: 4701, Lot: 43, 11 Lawrence Road 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. 7. OLD BUSINESS: 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. Ms. Deborah Fineman, applicant, was sworn in to testify this evening and the following exhibits were marked: B-1: Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 07/16/15 A-1: Survey dated 05/11/2015 A-2: Architectural plans prepared by Architectural Design Associates, dated 05/29/2015, 3 sheets A-3: (7) Seven Color Photos collectively taken by the applicant Ms. Fineman began her testimony explaining that the lot in question is 30% smaller than a required lot in an R-3 Single Family Zone. The maximum impervious coverage is presently at 44.33%; and that ratio is not being increased with this application. The water runoff currently runs into the street and there are no flooding issues that she is aware of. Ms. Fineman states that this is a very straight forward application since the existing foundation will remain to construct the 1 story addition. Mr. Santoro is concerned with the impervious coverage and states that the applicant has plenty of opportunity to decrease the impervious coverage number. He suggests removing the paved area on the side of the garage as well as removal of the rear walk. There was discussion on narrowing the driveway, but Ms. Fineman stated that she would prefer not to decrease the size of the drive. Ms. Fineman was content with removing the deck in the rear yard as well as the rear walk. ZBA Regular Meeting – 9-10-15 Page 2 Ms. Elias questioned the shed in the rear of the home. Ms. Fineman stated that the shed would remain. It was established that with the conditions discussed this evening that the impervious coverage on this application would decrease by 4%. All conditions discussed will be listed in the resolution. There being no further questions from the Board or public, the Board began their deliberation The consensus of the Board was to approve the application with the condition that the impervious coverage be decreased. A motion to approve the application was made by Mr. Hess and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Hess, Ms. Kaar and Mr. Santoro CASE NO. Z 15-028 Dan O’Brien Block: 1004, Lot: 20 134 Greenwood Avenue 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. This application was started at the August 13, 2015 and carried to this evening. At the request of the applicant this case is further adjourned to the October 8, 2015 Zoning Board of Adjustment meeting. 8. NEW BUSINESS: CASE NO. Z 15-030 Mohammad & Adila Fakhar Block: 4502, Lot: 27 74 Shunpike Road Applicants are seeking permission to construct a 1 Story Addition, 2nd Story Addition, Front Portico, Brick Paver Patio, Stair Landing, Air Conditioning Unit, Drywell and Relocate an Existing Tool Shed in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Due to medical reasons a concerned neighbor, Ron Poeter, asked for arrangements to be made so that he could participate in the public portion by speaker phone during this application. Mr. Mohammad Fakhar, Applicant and Mr. Doug Asral were sworn in to testify this evening and the following exhibits were marked: B-1: Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 07/14/15 A-1: Survey dated 07/09/2013 A-2: Architectural plans prepared by Asral Architect, last revised date 06/30/2015, 2 sheets Mr. Fakhar began his testimony explaining to the board the need for the addition so an In-Law Suite could be constructed for his elderly parents. What is being proposed would provide ease of entry for the family and would fit in nicely with the neighborhood. An existing shed on the property would be relocated so that it would conform to the zoning requirements. At this time Mr. Ron Poeter, 70 ZBA Regular Meeting – 9-10-15 Page 3 Shunpike Road, Madison expressed concern with the pre-existing drainage issues. He states that there is no storm-water management on this property. Mr. Santoro stated that he did not see positive criteria in the testimony that was given. The water drains, leaders and sump pump from this property drained directly into the adjoining property owned by Mr. Poeter. It was suggested that the applicant speak with the Borough Engineer regarding the placement of the proposed drywell so that it catches all runoff from the leaders, sump pump and increase in roof area. It was also discussed that a larger drywell would be better capable with the collection of runoff volume. Mr. Fakhar and Mr. Asral concurred that a larger drywell would be acceptable and made a condition of the resolution. There being no further questions from the Board or public, the Board began their deliberation The consensus of the Board was to approve the application with the condition that the drywell capacity be increased. 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: Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Hess, Ms. Kaar and Mr. Santoro CASE NO. Z 15-031 Joseph Kim & Sandy Yeum Block: 1903, Lot: 19 32 Brittin Street Applicants are seeking permission to construct a 2 Story Rear “Cantilevered” Rear Deck, Front Steps with Brick Paver Walkway, and Removal of Existing Front Entrance Porch Steps in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Ms. Sandy Kim, Applicant and Mr. Steven Majewski were sworn in to testify this evening and the following exhibits were marked: B-1: Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 07/01/15 A-1: (2) Two Color Photo sheets A-2: Survey, dated 12/17/2007 with proposed changes shown in red A-3: Architectural Plans prepared by Majewski Architecture, dated 08/05/2015 A-4: Color photo received from Tax Accessor’s office A-5: Photo Board (9) nine photo’s of the interior of the home Ms. Yeum began by explaining that the home was once a 2 family boarding home but converted eight years ago into a single family home. There are many deficiencies and oddities with the present home and the proposed addition/renovation plan will enhance the home. The variance for the maximum impervious coverage stems from the detached two car garage. The addition/renovation is only creating an increase of 66 sq. ft. to the impervious coverage that presently exists. This is a flat lot and there are no water issues that Ms. Kim is aware of. There may possibly be some interior changes to the plans but that will not affect the application. Mr. Santoro has concerns that there is no storm-water management on this property and that there is water going between the property owners detached garage and the neighbors garage in a recessed area. The applicant should consider managing the water on the property. The Board suggested that the applicant consult with an Engineer to develop a storm-water management plan that is reasonable ZBA Regular Meeting – 9-10-15 Page 4 for this property. The Board suggests a drywell that will collect the runoff from the garage and the rear of the home. The applicant agreed to return to the Board with a storm-water management plan. The applicant and her architect were informed that revised plans would need to be submitted at least ten days in advance of the next Zoning Board of Adjustment hearing to be held on October 8, 2015. No further notice would be necessary. 9. OTHER BUSINESS: There was no other business. 10. ADJOURNMENT: The meeting was adjourned at 10:00 pm with a motion made by Mr. Santoro and seconded by Mrs. DeRosa. Respectfully submitted, Frances Boardman Recording Secretary ZBA Regular Meeting – 9-10-15 Page 5