Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, October 8, 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, October 9, 2015 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. Mrs. Toni DeRosa, Substitute Chairperson 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. OATH OF OFFICE – MARY SUE SALKO, ALTERNATE #2 MEMBER – Keith Loughlin, Substitute Attorney read the Oath of Office to the Board’s new Alternate #2 Member 4. ROLL CALL Present: Carl Hess, Helen Kaar, Mary Sue Salko, Dr. Paetzell, Toni DeRosa, Timothy Blair, Melissa Elias Excused: Diane Driscoll and Joseph Santoro Substitute Attorney: Keith Loughlin 5. PLEDGE OF ALLEGIANCE 6. MINUTES FOR APPROVAL - Regular meeting of September 10, 2015 The minutes were distributed to all Board members prior to this meeting for their review. There were two 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. 7. RESOLUTIONS FOR MEMORIALIZATION The following Resolutions were distributed to all Board members for their review prior to this meeting. CASE NO. Z 15-029 Resolution granting variance application to Deborah B.Fineman Bozik, Block: 1110, Lot: 2, 9 Howard Street 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. One change was made to the Resolution. A voice vote of aye was heard in approval of the corrected Resolution. ZBA Regular Meeting – 10-8-2015 Page 1 CASE NO. Z 15-030 Resolution granting variance application to Mohammad & Adila Fakhar, Block: 4502, Lot: 27, 74 Shunpike Road 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. There were no changes made to this Resolution. 7. OLD BUSINESS: 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 Cohere, 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. At the request of the applicant this application will be carried to the November 12, 2015 Zoning Board of Adjustment meeting. 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. At the request of the applicant this application will be carried to the November 12, 2015 Zoning Board of Adjustment meeting. 8. NEW BUSINESS CASE NO. Z 15-032 Daniel Miola Block: 302, Lot: 3 9 Ardsleigh Drive Applicant is seeking permission to construct (3) 2nd Story Additions in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Daniel Miola, applicant and David Delledonne, Architect, 27 Heritage Lane, Whippany, NJ were both sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated May 7, 2015 A – 1 Photo of the front of home with architectural sketch, 2nd page photo of rear with sketch, 3 and 4 are photos of homes on Ardsleigh Drive who have similar additions, taken by Daniel Miola ZBA Regular Meeting – 10-8-2015 Page 2 Mr. Miola began by describing the layout of the home. Due to his family growing, the 2nd floor is being planned for 3 bedrooms and 2 baths. A 10 foot wide dormer is planned for the front of the house provided for the second floor. The home presently has one dormer and two angled rooves with skylights. Changes will be made to allow one consistent wall on the roof elevation. The bulk of the work being performed is in the rear. Mr. Miola stated several homes on his street have made changes similar to which Mr. Miola is requesting in his application. Mr. Delledonne began by explaining the ordinance and how it applies to this application. Mr. Delledonne began by stating the applicant's lot is approximately 5% undersized. Mr. Buckalew was contacted and the applicant and his architect discussed this application with him. The building footprint is being increased by the dormer. Mr. Delledonne stated that the benefit of the dormer and view of the home will not be a detriment to the public. Mrs. DeRosa explained to the applicant and his architect that each application is considered on its own merit. The public was given the opportunity to either question the applicant or make comments. Dr. Paetzell questioned the roofline and asked if a drywell will be needed. The overall coverage does not change as stated by Mr. Delledonne and would not require a drywell. Mr. Miola stated that the impervious coverage is not changing due to the addition of a new roof. A condition will be added verifying whether a drywell is needed with the advice of the Borough of Engineer. The conversation continued regarding the condition being stated in the Resolution. After a brief discussion, it was agreed that the condition in the Resolution was not needed. There being no further testimony from the applicant and architect and no comment or questions from the public, 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 Mr. Hess and seconded by Mr. Blair. A roll call was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Hess, Ms. Kaar, and Mrs. Salko CASE NO. Z 15-033 Dan & Hannah Arnstein Block: 4803, Lot: 4 14 Noe Avenue Applicants are seeking permission to construct a 2nd Story Addition, Front Portico, Rear Covered Porch, Detached 1 Car Garage, Removal of Shared Ejector Pump, Front, Side and Rear Wet Laid Walks/Patio, Driveway Modifications, Drywell, Relocation of Air Conditioning Units, and the Reconstruction/Replacement of Existing Rail-Road Tie Retaining Wall in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (right) and Minimum Wall Height. Nick Bensley, East West Architecture, Architect, Dan and Hannah Arnstein, applicants were sworn in and the following exhibits were marked. Mr. Bensley stated the applicant would like to include a generator on the side of the property and would require an additional variance. Revised plans would have to be submitted. O – 1 Letter Board rec’d dated 10/5/15 from Steven Azzolini representing neighboring property owner B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 9/10/15 A – 1 Site Plan ZBA Regular Meeting – 10-8-2015 Page 3 A – 2 Photo sheet, 6 taken by architect, marked ABCDEF Bob Vogel was investigating whether permission was given for the sharing of the ejector pump, and that this was not a matter for the Zoning Board of Adjustment. The applicant wants the application to stay as it is. A solution to the water problem is being sought and a seepage pit presently exists to relieve the problem. Mr. Bensley began by describing the Site Plan, A-1, he reviewed the garage area and stated the driveway will be reduced, the retaining wall will be repaired. The hardships are the two side yards, and left side setback. The garage will be reoriented, the house has not been updated. A full bath on the 1st floor, a mud room, and guest bedroom is proposed. A front porch and portico will be added. The kitchen space will be rearranged and the dining room will remain in the center of the house. A little larger terrace is planned to accommodate the family. A seepage pit exists in the front of the home to take the water from the front gutters and the sump pump. The driveway will extend from a front facing garage. The slope will be cleaned up. Any water coming from the driveway will be directed into the street. The retaining wall will be reconstructed along the existing driveway with good drainage, landscaping, etc. A detached garage will be added to the two existing garages and share the driveway. All bathrooms will be upgraded in the home. New doors and windows will be added to allow the home to be visually pleasing to the neighbors. Mrs. DeRosa suggested that fencing be included along the retaining wall, however, not required by Ordinance. This will all be reviewed by the Borough Engineer. Mrs. DeRosa made comments regarding the water issue in this area and believes that an Engineer be contacted. Mr. Arnstein then began to explain how the water is managed on his property and the adjoining areas. He believes the seepage pit will mitigate the water problem. As the driveway exists, there are two drains. Mr. Bensley reviewed exactly how the present and planned drainage system will manage the water on the property. Mr. Bensley gave his summation of the proposed application by reviewing each item being requested. There being no further comments or questions from the Board, the public was given the opportunity to either ask questions or make comments as follows: Mr. Shahidi, 18 Noe Avenue, questioned the site plan and the shared drainage pit. He believes there are some discrepancies in the public notice and tonight the application was presented differently from the notice. He needed clarification on this issue. Mr. Shahidi is represented by Steven Azzolini (reference to O-1). Mrs. DeRosa clarified this issue by pointing out the testimony that was given this evening. Mr. Shahidi was concerned with the generator that will be located on the side of the house and requested that these pieces of equipment be relocated due to his home having bedrooms on that side of the house. There being no additional comments from the public, the Board began their deliberation. Mr. Hess began. Several requests were posed by the Board, ie: screening around the AC units and generator. Ms. Kaar asked if the applicant would consider relocating the two pieces of equipment taking into consideration the noise emanating from the equipment. Dr. Paetzell recognizes the hardships and will approve the application, however, fencing should be considered. The AC and generator should be addressed and the noise should be mitigated. Mrs. Elias and Mrs. DeRosa advised the applicant contact a civil engineer for the water issues. Mrs. Elias does not believe that a fence is needed. Ms. ZBA Regular Meeting – 10-8-2015 Page 4 Salko agreed that the AC and generator noise should be addressed. Mr. Blair believes there is a hardship on site and the plans reflect positive changes. A general discussion was had regarding the water issues by several of the Board members. Mrs. DeRosa stated that a stormwater management consultant does not have to be contacted by the Board’s majority vote. Mr. Loughlin reviewed his list of items to be obtained. The application will be carried to the November 12, 2015 regular meeting. 9. OTHER BUSINESS: None this evening. 10. ADJOURNMENT: The meeting was adjourned at 9:25 pm by a motion made by Mr. Blair and seconded by Ms. Kaar. . Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 10-8-2015 Page 5