Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, December 10, 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, December 10, 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, Dr. Roger Paetzell, Timothy Blair, Melissa Elias, and Carl Hess Excused: Diane Driscoll, Helen Kaar and Mary Sue Salko Attorney: Gary Hall 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of November 12, 2015 The minutes were distributed to all Board members prior to this meeting for their review. Two minor corrections were made. 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 for their review prior to this meeting. CASE NO. Z-15-031 Resolution granting variance application to Joseph Kim and Sandy Yeum, Block 1903, Lot: 19, 32 Brittin Street 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-2 (single family residential) zone requiring relief from maximum impervious lot coverage. There was one minor correction made to this Resolution which was corrected by Mr. Hall. CASE NO. Z-15-033 Resolution granting variance application to Dan and Hannah Arnstein, Block: 4803, Lot: 4, 14 Noe Avenue to construct a 2nd story addition, front portico, rear covered porch, detached 2-car garage, removal of shared ejector pump, front, side and rear wet laid walks/patio, driveway modification, ZBA Regular Meeting – 12-10-2015 Page 1 drywell, relocation of air conditioning units, and the reconstruction/replacement of existing railroad tie retaining wall in an R-2 (single family residential) zone requiring relief from minimum side yard setback (right) and minimum wall height. CASE NO. Z 15-034 Resolution granting variance application to Neil and Leslie Rohrbacker, Block: 907, Lot: 2, 3 Knollwood Avenue for a deviation from Zoning Board Approval – driveway modification, Borough of Madison Zoning Bord of Adjustment Application Z13-044 in an R-2 (single family residential) zone requiring relief from minimum driveway/property line setback. CASE NO. Z 15-035 Resolution granting variance application to Arthur and Lucille Clemente, Block: 4804, Lot: 28, 65 Union Hill Road, to construct a 11/2 and 2 story rear addition in an R-2 (single family residential) zone requiring relief from maximum principal building coverage and maximum impervious lot coverage. The special meeting for 33 Walnut, LLC was rescheduled for January 11, 2016. It will be started and it will not be finished that evening. A motion was heard from Mr. Blair and seconded by Dr. Paetzell. A voice vote of aye was heard in approval from all Board members as to the Special Meeting date. Mr. Hess will be leaving the Board for the year 2016 and a new member will be sworn in at the January 14, 2016 meeting. 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. Dr. Paetzell stepped down from hearing the application. A – 4 Revised Plans prepared by Nick Bensley, Architect, dated 9/10/15, rec. 10/20/15 Mr. Santoro made several comments regarding this application and he is hopeful that the applicant has addressed those comments and changes. Mr. O’Brien began by stating that a neighbor, Mr. Flood had submitted a letter to the applicant which is not acceptable to the Board as testimony. Mr. O’Brien continued stating several issues that were discussed at the August meeting that he believes were pertinent to this application and Mr. Santoro agreed. He stated that there were comments regarding the barn, and he stated that the original barn was utilized for storing horses and carriages. There currently is no garage, and the family has two cars and the applicant does not want to leave the cars in the street. The property measures 11/4 acres and Mr. O’Brien maintains his own property and wants to house the equipment that he utilizes to maintain his property. He believes he has addressed the concerns that the Board and public requested. ZBA Regular Meeting – 12-10-2015 Page 2 Mr. Bensley stated he submitted a list of the changes that were made. He began and reviewed what was being requested at the last meeting and what the applicant was requesting. He stated that a detached structure was agreed upon, with a carport and porte cache. There were several hardships that existed with the original application. A small basement exists and does not allow for much storage for the family. The taller accessory structure would provide this space for storage. Side-yard relief is being requested for the driveway. There are three variances being requested. The changes that are being made are as follows: A three bay garage will be reduced to a 2 bay garage. The dormer was removed. The height was reduced from 22.5 to 20 feet. A corridor for the applicant to walk down is 6 feet in height. The carport setback was decreased by one foot. The driveway will be constructed of asphalt. Mr. O’Brien did have a conversation with his neighbor Bob Hauserman. Mr. O’Brien answered Mrs. DeRosa’s question as to what type of work will be performed in the garage. He stated he will be working on his gardening equipment and the door will be facing the park. The drywell will handle any runoff from the garage and the seepage pit will be pushed slightly back. The low point of his property is near Park Street. The attic plan was questioned as to what was the applicant’s preference ie: to make the space all walkable. Mrs. DeRosa has a problem with the garage and the bathroom that is planned. Mr. O’Brien stated there is a great distance between the garage and his house and if a pool is planned in the future, this bathroom can be utilized for changing and bathroom uses. Mrs. DeRosa and Mr. Santoro think differently and believe a new owner can re-design this garage and bathroom for living uses. Both Board members are attempting to bring down the bulk of the garage. The public was given the opportunity to view the revised plans. The public was given the opportunity to question the applicant as follows: Bob Hauserman, 130 Greenwood Avenue, corrected the space measurement from the garage to his home. He stated there was never a variance hearing for the driveway widening a few years ago. Mark Cozzolino, 155 Central Avenue, questions regarding the water runoff and size of the structure. The Borough Engineer will be contacted when any drywell issues arise and the construction of this drywell requires a permit. Kerry Cozzolino, 155 Central Avenue discussed the grading issue which exists on their property. Tom Salko, 123 Greenwood Avenue, asked if the applicant will demolish the existing garage and a new garage will be built, Mr. O’Brien answered yes. The public made comments as follows: Bob Hauserman, 130 Greenwood Avenue commented that the footprint does not reduce the value of his property, the height is an issue to him, all the additional change requests that he made still exist. A conversation took place regarding the existing garage and what is planned. The driveway is not being changed and will be left as is. There being no further comments from the public, the applicant stated his only concern is with Bob Hauserman and the other neighbors are too far away to consider their remarks. He stated he needs the space. ZBA Regular Meeting – 12-10-2015 Page 3 Kerry Cozzolino, stated she is his neighbor and she feels that she needs to voice her concern. The Board now began their deliberation. The consensus of the Board was to approve the application with the condition as follows: the entire rear drainage of house will go into the drywell as approved by the Borough Engineer. A motion to approve the application with this condition was made by Mr. Hess and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. Elias and Mr. Hess NAYS: Mr. Santoro and Mrs. DeRosa 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. This application was started but not completed and is being carried to the January 14, 2016 meeting. 8. NEW BUSINESS: CASE NO. Z 15-037 Mark Neede Block: 504, Lot: 9 10 Canterbury Road Applicant is seeking permission to keep installed carport partially within the Borough of Madison Road right of way in an R3 (single family residential) zone requiring relief from accessory structure installed in front yard and Borough road right of way. Due to insufficient noticing of property owners within 200 feet, this application will be carried to the January 14, 2016 ZBA meeting without further notice in the Madison Eagle, or to previous homeowners that were notified of this meeting. 9. OTHER BUSINESS: 10. ADJOURNMENT: The meeting was adjourned by a motion made by Mr. Blair and seconded by Mrs. DeRosa at 9:30 pm. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 12-10-2015 Page 4