Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, November 12, 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, November 12, 2015 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. Joseph Santoro, 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. ROLL CALL Present: Joseph Santoro, Toni DeRosa, Diane Driscoll, Dr. Roger Paetzell, Melissa Elias, Carl Hess, Helen Kaar and Mary Sue Salko Excused: Timothy Blair Attorney: Gary Hall 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of October 8, 2015 The minutes were distributed to all Board members prior to this meeting for their review. One correction was made to the minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 6. Scheduling of Special Meeting for the application of Case No. Z15-016, 34 Walnut Street, LLC, 34 Walnut Street, Block 1601, Lot 41, on Thursday, December 3, 2015. The special meeting was approved by a voice vote of aye heard from all Board members. 7. RESOLUTIONS FOR MEMORIALIZATION The following Resolution was distributed to all Board members for their review prior to this meeting. There were no additions or corrections made to this Resolution. CASE NO. Z-15-032 Resolution granting variance application od Daniel Miola, Block 302, Lot 3, 9 Ardsleigh Drive to construct (3) 2nd Story Additions in an R-3 (Single Family Residential) Zone requiring relief from Maximum Principal Building Coverage. ZBA Regular Meeting – 11-12-2015 Page 1 8. 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. Applicant has requested to be carried to the December 10, 2015 Regular 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. The applicants were sworn in and the following exhibits were marked: A – 5 Revised Plan by Majewski Architecture, rev. 10/19/15 Andrew Clarke, P.E. Land Surveyor, and Mr. Joseph Kim were sworn in and Mr. Majewski began by discussing the changes to the plan that was submitted at the September meeting. The proposed drainage system is now indicated on the revised plan. Mr. Clarke stated he was contacted to review the plans and inspect the property with regard to some drainage problems. The roof leaders between the two garages were inspected. He also contacted Mr. Vogel to discuss the situation. Mr. Vogel suggested the water be taken from the back of the house. Mr. Clarke believes the water should not be relieved between the two garages. Mr. Majewski continued stating that the home had some internal deficiencies that were corrected by this plan. The applicant is attempting to enhance the architecture. 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 revised. A motion to approve the application was made by Mrs. Elias and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Dr. Paetzell, Mr. Hess, Mr. Santoro, and Ms. Kaar 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 ZBA Regular Meeting – 11-12-2015 Page 2 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. Mr. Bensley began by reviewing the revised plan. A – 3 Revised Architectural Site Plan A – 4 Revised Interior changes Mr. Bensley continued by reviewing the changes that were requested by the Board. He reviewed the hardship of existing conditions that were present. At the previous meeting, the Board had concerns with the drainage, the AC units, and the fencing at the retaining wall. He listed the items that the Arnstein’s will maintain on the property. The surface drainage on the right side of the home will be caught and diverted from the home. The AC units (2) on the right will be maintained and sound proofing will be utilized along with fencing to keep the sound level down. The applicant will conform to the fencing code in height. The applicant would like to incorporate a few windows, however, the only location was in the basement and that cannot be done due a generator being located in that area. A discussion took place with regards to the generators and run times. Mr. Santoro suggested that screening in the form of plantings be installed near the AC units in compliance with the Ordinance. Mrs. DeRosa does not agree with the generator’s location. Thomas Benedetti, attorney, representing a neighbor who is requesting a maintenance agreement on the pit and also wants access to the pit. Mr. Arnstein stated the lid to the pit is located on his property. The neighbor did a project in the past directing water from their property to Mr. Arnstein’s property. Mr. Arnstein does not want the neighbor having access to his property. The Board will give the applicant the option to locate the AC units in another area. The applicant will slope and landscape the property and keep the retaining wall within the height as it exists, if not possible, a fence will be installed no higher than 3.5 feet. The Board agreed upon this. There being no other testimony and questions from the public, the Board began their deliberation. The consensus of the Board was to approve the application with the conditions discussed by the Board. A motion to approve the application with the conditions 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 Ms. Salko 9. NEW BUSINESS: CASE NO. Z15-034 Neil and Leslie Rohrbacker Block: 907, Lot: 2 3 Knollwood Avenue Applicants are seeking permission from a deviation from Zoning Board Approval, Driveway Modification, Borough of Madison Zoning Board of Adjustment Application Z13-044 in an R-3 (Single Family Residential) Zone requiring relief from Minimum Driveway/Property Line Setback. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 9/28/15 A – 1 Survey dated 8/22/13 ZBA Regular Meeting – 11-12-2015 Page 3 B – 2 Resolution, dated 12/13 A – 2 Plans prepared by Alan Andreas, Architect, dated 6/8/15 A – 3 Two pages of photos Mr. Rohrbacker and Alan Andreas, Architect were sworn in and Mr. Andreas began by explaining what took place on the property, ie: the removal of Belgium block, when it was replaced and realigned which ultimately reduced the impervious coverage. A trench drain was added and runs the entire distance and the Belgium block encircling the area forces the water into the leader system and the drywell. The applicant is requesting permission to leave the driveway area of 25 to 30 feet in length as it exists. The neighbor to the left objected to what was done. Mr. Andreas decided to come before the Board to have this memorialized. The public was given the opportunity to make comments or ask questions as follows: Brian Mahoney, 11 Knollwood Avenue, neighbor located next door to the driveway. Mr. Mahoney read a statement regarding the curbing and then made the correction statement. Mr. Andreas gave his statement regarding the survey that was presented on 12/13. Mr. Rohrbacker explained the issue of the tree which was taken down by the former owner of his home. There being no further testimony and 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 Mrs. DeRosa and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Mrs. Driscoll, Dr. Paetzell, Mr. Hess, Mr. Santoro and Ms. Kaar CASE NO. Z15-035 Arthur and Lucille Clemente Block 4804, Lot: 28 65 Union Hill Road Applicants are seeking permission to construct an 11/2 and 2 story rear addition in an R-2 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback. Maximum Principal Building Coverage and Maximum Impervious Coverage. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 9/3/15 letter A – 1 Plans prepared by Yannacone, dated 7/21/15 A – 2 Architectural Plans, prepared by Jerry A. Bruno, dated 8/21/15, 3 sheets Arthur and Lucille Clemente, and Jerry A. Bruno, Jr. Architect were sworn in. Mr. Clemente began by stating they are the original owners and builders of the home. They would like to add to the improvement of their home. He stated he would like to create a better appearance and allow for more functionality. Jerry Bruno began by describing the additions that are being proposed. On the first floor the kitchen will be expanded and the bathroom will be expanded on the second floor. A direct connection to the family room is being proposed creating a better flow from the kitchen to the family room. The second floor will be reorganized. All of the setbacks have been in conformance. The house is over the building coverage, and the impervious coverage is over, however, it is not being increased. A storm- water management system has already been in place and all the new leaders will be fed into the drywell which presently exists. ZBA Regular Meeting – 11-12-2015 Page 4 The entire house is aluminum sided which will be removed and replaced by hardiplank with traditional colonial details. New window trim will be installed on the home. The second floor will have a large window treatment to allow light into the home. The public was given the opportunity to ask questions or make comments as follows: Steven Tindall, Lot 9 believes these changes would be an appropriate addition to the home. Jocelyn Calhoun, Lot 9 also has no objections to the additions. There being no other testimony and 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 with the conditions was made by Mr. Hess and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DE Rosa, Mrs. Elias, Mrs. Driscoll, Dr. Paetzell, Mr. Hess, Mr. Santoro and Ms. Kaar CASE NO. Z15-036 Zach Davis Block: 4305, Lot: 1 70 Lathrop Avenue Applicant is seeking permission to construct a 1 story addition, covered porch and wood deck in an R- 3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback (Gibbons Place), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 8/24/15 A – 1 Survey copy dated 3/6/10 A – 2 Plans prepared by Joseph DeMaria, Architect , marked survey attached Joseph DeMaria, Architect and Zach Davis were sworn in and Mr. Davis stated that both he and his wife are proud to be part of Madison. He stated a mud room will be replaced by a second bedroom for the child which the couple is expecting soon. Mr. DeMaria began by explaining that the home only has two rooms on the first floor. He stated that this home is one of four identical homes on Lathrop Avenue. There have been no changes made to this home to date. The kitchen will be opened up to allow for functionality. The lot which the home is located on is very small and is in close proximity to a neighboring home. All variances requested will increase by minimal amounts. Mrs. Driscoll asked if any storm-water management plan is in place and asked if a drywell can be considered. The public was given the opportunity to ask questions or make comments as follows: Don Pascrell, Gibbons Place, is objecting to the wood deck which is being proposed. Mr. DeMaria stated the deck is 3.5 feet off the ground with a railing and there are very mature shrubs and trees which screen the deck from sight. Mr. Santoro stated that the deck could be lowered and constructed without a railing. The applicant agreed to install plantings to buffer the view around the deck. The applicant agreed to return at the meeting in January 2016 with a revised deck plan and buffering solution. ZBA Regular Meeting – 11-12-2015 Page 5 10. OTHER BUSINESS: No Other Business 11. ADJOURNMENT The meeting was adjourned at 10:00 pm with a motion made by Mrs. Driscoll and seconded by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 11-12-2015 Page 6