Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, June 9, 2016 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, June 09, 2016 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 14, 2016, the Board, by resolution adopted a schedule of meetings. On January 15, 2016, 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, Helen Kaar, Roger Paetzell, Melissa Elias, and Mary Sue Salko Excused: Anne Lawless, and Lorraine Sola, Board Secretary Recused: Diane Driscoll, Also Present: Gary Hall, Zoning Board Attorney Frances Boardman, Land Use Administrative Official 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting minutes of May 12, 2016 were distributed to all Board members prior to this meeting for review. Several corrections were noted and a voice vote of “Aye” was heard by all eligible members. 6. RESOLUTIONS FOR MEMORIALIZATION - The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no corrections made to the resolutions. A voice vote of “Aye” was heard by all eligible voting Board members in approval of the Resolutions. CASE NO. Z 16-008 Resolution granting variance application to Jamie & Antonio Nicotra, Block: 3404, Lot: 29, 347 Woodland Road to construct a Deck, Patio, Covered Storage Are under Deck, Unenclosed Cooking Area, Pergola, Drywell, 6’ High Fence, 3’ Retaining Wall, Front Yard Arbor, Paved Ramp, Relocated Air Conditioning Units, 6 Borough Trees to be Removed, (1) within the Borough Right of Way, and Landscaping within Borough Right of Way in an R-3 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (Deck), Minimum Rear Yard Setback (Deck), Maximum Impervious Coverage, and Maximum Height of Fence. ZBA Special Meeting 06-13-16 Page 1 CASE NO. Z 16-009 Resolution granting variance application to Vincent DeProssino, Block: 2101, Lot: 1.01, 4 Highland Avenue to construct an In-Ground Pool with Spa and Waterfall, Pergola, Brick Paver Patio, Sidewalk, Retaining Wall > 4ft High and Shed in an R-2 (Single Family Residential) Zone requiring relief from Moderate and Critical Slope Disturbance. CASE NO. Z 10-017 Resolution granting Extension of Approval to LVJJ Investments, LLC, Block: 1302, Lots: 5 & 6 , 4 & 6 Elm Street for a One Year Extension of Approval for Preliminary and Final Site Plan with Variances Approval granted by Resolution which was adopted on May 12, 2012 to authorize construction of 2 Buildings containing a total of 9 attached single-family (townhouse) units and related site [plan] improvements. Automatic extension pursuant to the Permit Extension Act will expire as of June 30, 2016, and applicant requests further one year extension. CASE NO. Z 16-010 Resolution granting variance application to Larry & Sara Jasen, Block: 102, Lot: 5, 4 North Oak Court to construct a 2nd Story Addition, Front Porch and Front Paver Sidewalk in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback for the 2nd Story and the Front Porch, and Maximum Impervious Lot Coverage 7. OLD BUSINESS – CASE NO. Z 15-016 34 Walnut Street, LLC Block: 1601, Lot: 41 34 Walnut Street Applicant is seeking permission for Preliminary and Final Site Plan and Use Variance to construct 8 townhouse condominium units in two separate buildings in an R-4 (Single/Two Family Residential) Zone. A Public hearing continued on March 31, 2016 and carried for further proceedings to this evening. A transcript of this meeting is being taken by Jonathan Rosenberg, Veritext Legal Solutions. Mr. Coviello began by refreshing the Board members with a summary of the application. Revised drawings were submitted and distributed to the Board members and Professionals prior to this evening’s meeting. Mr. Coviello stated that the revised plans show that the applicant will only be constructing eight condominium units, shown in to separate structures, each containing 4 units. Six units will be sold at market value, one unit will be retained by the Applicant and one unit is being offered to fulfill the affordable housing requirement. Exhibits marked into evidence: Exhibit A-18: Revised Plans, Dated 5/23/2016, consisting of 7 Sheets Exhibit A-19: Revised Architectural Drawings, Dated 5/12/2016, consisting of 4 Sheets Exhibit A-20: Supplemental Traffic Report, Dated May 18, 2016 prepared by Joseph Staigar Mr. Coviello stated that he had five witnesses to testify this evening; they include Mr. Richard Romano, Owner, Mr. Joseph Staiger, Traffic Expert, Ms. Nancy Doughtery, Architect, Mr. Andrew Clarke, Engineer and Mr. Michael Tobia, Planner. ZBA Special Meeting 06-13-16 Page 2 Mr. Richard Romano sworn in to testify previously; remains under oath. Mr. Romano stated that after the last meeting he was sensitive to the concerns voiced by the public. He decided at that point to review these concerns, thus the revisions before the Board this evening. Exhibit A-21: Color Photo Exhibit A-22: Color Photo The above exhibits were color photos depicting the amount of light that shines on the residential properties directly across from the 34 Walnut Street site and the subject property. Mr. Romano confirmed to the Board members and the Professionals that the light issue that was discussed previously from cars coming in and out of the proposed site is far less than what is generated from the Civic Center lighting. Dr. Paetzell asked if the lights from the Civic Center remained on all evening. Mr. Romano replied yes. Mr. Romano reiterated to the Board that the main objective in this application was to provide seniors who want to downsize and stay in Madison and young couples who want to buy in Madison but can’t afford to buy a big home an opportunity to purchase one of the proposed condominiums. The Board was given the opportunity to ask Mr. Romano questions, Ms. Salko asked what the price point of the condos would be. Mr. Romano replied that the cost of each unit would be anywhere from $450,000.00 to $475,000.00. Ms. Elias asked if he might know the cost of the Condo fees. Mr. Romano stated that he did not. Mr. Hall asked if he had any knowledge of complaints about the light spillage from the Civic Center, Mr. Romano replied that he did not. At this point the floor was opened to the public for questions of Mr. Romano. Mr. Wayne McCabe, 125 High Street, Newton Mr. McCabe asked if Mr. Romano knew anything about the photos that were taken and marked into evidence as Exhibit A-21 & A-22. Mr. Romano stated that he did not. Mr. McCabe asked several other questions with regard to the photos marked, in which Mr. Romano answered to the best of his recollection. Mr. Paul Baumgartner, 31 Walnut Street, Madison asked Mr. Romano how long he planned on staying in the neighborhood. Mr. Coviello stated that he did not think that was an appropriate question, however Mr. Romano stated that he and his wife are happy residing in Madison and don’t plan on going anywhere. Ms. Carrie Amplo, 43 Ridgedale Avenue, Madison questioned the light and noise that will be generated from the rear of the buildings. Mr. Romano stated that the topography of the site would muffle the air conditioning noise. There is no outdoor lighting proposed in the rear of the buildings. Mr. Andrew Dutton, 7 DeHart Place, Madison questioned Mr. Romano’s motives with this application. Again Mr. Coviello felt that this question was inappropriate. At this time, Mr. Santoro, Board Chairman stated to the public that an abundance of information was being presented this evening and the Board will have questions. The Board will rely on their professionals along with questions and answers provided during testimony. He asked that the public give the Board an opportunity to take in all the information provided and process it. Mr. Chris Clinton, 59 Ridgedale Avenue, Madison inquired about the number of parking spaces for the proposed application. Mr. Romano stated that each unit would have a two car tandem garage and an additional five spaces on site. Mr. Clinton asked how many bedrooms were proposed. Mr. Romano replied sixteen, two in each unit. ZBA Special Meeting 06-13-16 Page 3 Ms. Sue Wickman, 33 Walnut Street, Madison inquired of Mr. Romano if when he purchased the property at 34 Walnut Street was he aware of the zone it was in. Mr. Romano replied that he was. Mr. Larry Wickman, 33 Walnut Street, Madison questioned if the spillage of light from the Civic Center would be considered different from car head lights that would focus directly into a home. Mr. Romano stated that this is a different source of light. Mr. Wickman also inquired about the noise that would generate along with the light from the cars. Mr. Santoro stated that the Board was aware of the concern but he felt that this point had already been covered. Ms. Amplo, 43 Ridgedale Avenue, Madison questioned property values near the proposed site. Mr. Romano stated that he felt property values would go up significantly. Seeing no further questions from the public, Mr. Coviello called his next witness. Mr. Joseph Staigar, traffic expert was previously sworn in and qualified as an expert witness. Mr. Coviello asked Mr. Staigar if he had indeed prepared the report dated May 18, 2016. Mr. Staigar answered that he had and had been instructed by the applicant to prepare a report that would better address the amount of traffic that would be generated by this proposal. Mr. Staigar stated that this project was within walking distance to the train station and the downtown area making the trip generations for this project less than somewhere in suburbia with less availability of those attributes. Counts were taken on Tuesday, April 12, 2016 and Thursday, April 14, 2016 between 7:00am and 9:00am and then in the afternoon from 2:30pm to 6:00pm. These times included typical am commuter hour, school dismissal and commuter peak evening hour. This report was discussed in detail. Mr. Stagiar stated that the results of the study showed the proposed project would not generate any additional traffic to the Walnut Street/Central Avenue intersection. Mr. Russo stated that the current report validated the previous study and he agreed with the conditions stated in the report. Mr. Santoro asked the Board and its Professionals if he had any further questions for Mr. Staigar, seeing none he opened the floor to the public. Seeing none that portion of the hearing was closed. Ms. Nancy Dougherty, project architect had previously testified on this application and remains under oath. Ms. Dougherty explained to the Board the changes made to the drawings that were submitted. The plans represent the changes that include reducing the size and number of units proposed in each building; the structure was also moved back approximately 16 feet from the front of the property line. The two buildings will have a building mass of 127 feet. Each unit will be approximately 2,318 square feet of gross floor area. Mr. Santoro asked the Board and its Professionals if they had any further questions of Ms. Dougherty, seeing none he opened the floor to the public for questions seeing none that portion of the hearing was closed. Mr. Andrew Clarke, Engineer, previously sworn to testify remains under oath and outlined the changes made to the plans marked and dated May 23, 2016. Mr. Clarke noted that with the new revisions the proposed application now complies with lot coverage and a variance is no longer needed. Sheets 3-5 were discussed at length, highlights of the changes included an additional parking space to the visitors parking area, going from four to five; the sanitary sewer line was modified to accommodate the large mature tree; the landscape plan was modified slightly to adjust to the new layout of the units. Air conditioning units will be buffered, no exterior lighting is proposed in the rear of the property, however; there will be one light mounted on the building that will be motion sensitive which is shown on the landscape plan for the visitor parking light. Mr. Santoro asked if a shield could be placed on that light fixture, Mr. Clarke stated that this could be explored and the possibility of shielding the northerly side to reduce glare was an option. ZBA Special Meeting 06-13-16 Page 4 Mr. Clarke that the outlines discussed were fundamental changes from the previous plan but the core engineering, site grading and storm water management are all essentially the same as before but have the modifications incorporated. The revised driveway was discussed. Mr. Russo inquired if the revised driveway location still provided clear sight distance both ways. Mr. Clarke replied that it did. Mr. Santoro than opened the floor to the public for questions of the engineer. Mr. Larry Wickman, 33 Walnut Street, Madison Mr. Wickman asked Mr. Clarke to explain the revised driveway opening. Mr. Clarke explained that the driveway was slide to the north in order to maintain the pine tree, and that a waiver has been requested for a 16 foot wide driveway as opposed to a 30 foot wide driveway which is required in the town ordinance. Mr. Clarke also stated that the current apron that is there is 23 feet wide and will remain intact. Mrs. Jennifer Baumgartner, 31 Walnut Street, Madison asked Mr. Clarke how the traffic flow from the residents on site would be handled when a mail truck or delivery vehicle were trying to get into the complex. Mr. Clarke stated that he believes that common courteous would prevail. Mr. Santoro asked if there were any further questions from the public for Mr. Clarke, seeing none he closed that portion of the hearing. The next witness to testify this evening was Mr. Michael Tobia. Mr. Tobia had been previously sworn in to testify and remains under oath. Mr. Coviello asked Mr. Tobia that after hearing the testimony from Mr. Clarke and Ms. Dougherty with regards to the modified changes to the application did any findings with respect to suitability or negative criteria. Mr. Tobia stated that everything that was previously testified to remains unchanged. Mr. Tobia reiterated to the Board and its Professionals exactly what variances were being requested for this site plan. Mr. Tobia concluded that this project does not have a substantial detriment to the neighborhood. There was no further testimony from Mr. Tobia. Mr. Santoro asked if Mr. Tobia was going to make an argument that the proposed site is particularly suited for the proposed use. Mr. Tobia replied that that was done at the last hearing and he did not feel that it needed to be repeated. At this point in the meeting the Board Chairman asked Mr. Hall to summarize for the Board the application before them. Mr. Hall gave a brief summary. Mr. Santoro asked Board Planner, Dr. Susan Blickstein for her comments and concerns with the application before the Board. Dr. Blickstein stated she was struggling with the suitability of this particular lot for this application. Extensive discussion took place between the Board and its Professionals with Mr. Tobia. The floor was then opened to the public for questions of Mr. Tobia. Fran Clinton, 59 Ridgedale Avenue, Madison asked how long the project would take if approved. Mr. Tobia responded one year. There being no further questions from the public for Mr. Tobia that portion of the hearing was closed. Mr. Hall asked Mr. Coviello if he would like to make his closing comments. Mr. Coviello stated that he would defer until the comments from the public were heard. Mr. Santoro opened the floor to the public for comments in support or opposition of the application. Mr. Michael Mantone, 5 Cedar Street, Madison stated that there is no hardship with this application; the property was purchased knowing what the zone was and wanting to put up something else does not count as a hardship. He feels that this application does not fit on that property and should not be built. Mrs. Jennifer Baumgartner, 31 Walnut Street, Madison stated that it’s just too much for that property. Mr. Andrew Dutton, 7 De Hart Place, Madison clearly stated that he feels the applicant purchased the property knowing it was zoned specifically for a single-family or two-family residence and they want to build 8 ZBA Special Meeting 06-13-16 Page 5 condominiums which is something entirely different in a neighborhood of conforming residential homes. He is in opposition of this application Mr. Wayne McCabe, 125 High Street, Newton commented that there is a substantial impairment to the Borough Master Plan and Zoning Ordinance with this proposal. If this application were to be built it would be a determent to the neighborhood. The applicant has not provided justification regarding the criteria that they have to prove. Mr. Paul Baumgartner, 31 Walnut Street, Madison feels that this proposed application is too much and he is in opposition of the application. Ms. Carrie Amplo, 43 Ridgedale Avenue, Madison feels that the applicant is trying to put too much in so little space and feels it is not appropriate for the neighborhood and is opposed to the proposed project. Mr. Larry Wickman, 33 Walnut Street, Madison stated that he feels that people look at the Civic Center as a detriment to the neighborhood but it is not, it is not a hub of daily activity and goes quiet at night. Homes were purchased knowing that the Civic Center was there. Mr. Wickman commented that the previous owner also came before the Zoning Board and was denied. He feels that the applicant made sure that the land is an unattractive piece of property and they are trying to fool the public and the Board into believing that this is the only project that can go on that piece of land. He asked the Board to please vote no on this application before them. Mr. Santoro asked if there were any further members of the public that wished to make a statement or be heard this evening, seeing none he closed that portion of the hearing, Mr. Coviello began his closing argument. Mr. Coviello stated that a single-family or two-family home could indeed be built on that property however; the applicant is trying to provide affordable housing to empty nesters, seniors and first time buyers, he also for the record established the other reasons for the approval of this application. The Board began their deliberation. Mr. Santoro and the other members of the Board stated their individual concerns and comments with regard to this application. After considerable deliberation Mr. Santoro asked for a motion to approve the request for Preliminary and Final Site Plan with Variances for 34 Walnut Street, LLC, 34 Walnut Street, Mr. Hall reminded the Board that in order to approve this application it would require five yes votes; a motion was made by Mr. Blair, seconded by Mrs. Elias; the following roll call was recorded: “Ayes” – Mr. Blair, Mrs. DeRosa, Mrs. Elias, Dr Paetzell “Nays” – Ms. Kaar, Mr. Santoro, Ms. Salko “Abstain” – None “Recused” – Mrs. Driscoll Mr. Hall stated that the application was denied. ZBA Special Meeting 06-13-16 Page 6 8. NEW BUSINESS – CASE NO. Z. 12-014 Sanjai & Renu Narain Block: 3001, Lot: 49 4 Carteret Court Applicant is seeking One Year Extension of Approval for Variances Approval granted by Resolution which was adopted on July 12, 2012 to authorize construction of a 1 Story Rear Addition in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Automatic extension pursuant to the Permit Extension Act will expire as of June 30, 2016, and applicant requests further one year extension. The Board after review of the original variance approval for Case No. Z 12-014 adopted an oral resolution granting a one year extension of approval to June 30, 2017. CASE NO. Z 10-009 Robert & Nicole Lehmann Block: 901, Lot: 33 36 Sherwood Avenue Applicants are seeking One Year Extension of Approval for Variance Approval granted by Resolution which was adopted on June 10, 2010 to authorize construction of a Front Entry Roof and Two-Story Addition in an R- 3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Automatic extension pursuant to the Permit Extension Act will expire as of June 30, 2016, and applicant requests further one year extension. The Board after review of the original variance approval for Case No. Z 10-009 adopted an oral resolution granting a one year extension of approval to June 30, 2017. The Board scheduled a special meeting for Monday, June 13, 2016 to address the number of new variance applications. All pending variance applications were carried to that meeting without the need for further notice. CASE NO. Z 16-011 Glenn and Linda Zenga Block: 3902, Lot: 8 2 Kensingston Road Applicants are seeking permission to construct a 2nd story addition, attached 1-car garage, and front porch in an R-3 (single family residential) zone requiring relief from minimum front yard setback on Kings Road and Kensington Road, minimum rear yard setback and maximum principal building. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. CASE NO. Z16-012 Prestella Construction, LLC Block: 2002, Lot: 7 24 Rosedale Avenue Applicant is seeking permission to construct an open front porch with steps, rear 2-story ZBA Special Meeting 06-13-16 Page 7 Addition with landing, detached garage, and make modifications to existing driveway in an R-2 (single family residential) zone requiring relief from maximum impervious lot coverage. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. CASE NO. Z-16-013 Gregory and Victoria Raudelunas Block: 3302, Lot: 3 38 Laurel Way Applicants are seeking permission to In-fill existing open front porch, new open front porch, removal of existing rear 1-story room and paver patio, proposed 1-story addition and wood deck in an R-1 (single family residential) zone requiring relief from minimum front yard setback and maximum principal building. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. CASE NO. Z-16-014 Joel and Jeannie Greene Block: 3901, Lot: 16 5 Kensington Road Applicants are seeking permission to construct a rear 2-story addition, existing rear porch to be removed, removal of existing side sidewalk to be replaced with brick paver sidewalk, proposed rear brick paver sidewalk, front entryway with roofed steps, rear property line 6’ High solid fence and 8’x10’ shed previously installed without a zoning permit application/approval in an R-3 (single family residential) zone requiring relief from maximum principle building coverage, maximum impervious lot coverage and minimum front yard setback. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. CASE NO. Z-16-015 Kevin Beach Block: 3702, Lot: 25 41 Prospect Street Applicant is seeking permission to make modifications to and conversion of existing gravel and asphalt driveway to a brick paver driveway with granite block curb, rear bluestone patio with a ≤ 4.0’ seat wall, front side gravel sitting area, with a ≤ 4.0’ seat wall the removal of existing side and rear fences, extensive plantings and minor regrading in an R-3 (single family residential) zone requiring relief from minimum driveway setback and maximum lot coverage. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. CASE NO. Z-16-016 James and Karen Leary Block: 4301, Lot: 7 388 Woodland Road Applicants are seeking permission to construct a rear 2nd story addition with 2’ cantilever, front portico over existing front stoop in an R-3 (single family residential) zone requiring relief from minimum side yard setback (left) and maximum impervious lot coverage. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. ZBA Special Meeting 06-13-16 Page 8 CASE NO. Z-16-017 Due Amici Investments, LLC Block: 1004, Lot: 37 96 Greenwood Avenue Applicant is seeking permission to construct a new single family dwelling in an R-3 (single family residential) zone requiring relief from minimum side yard setback (left) and minimum side yard setback (right). This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. CASE NO. Z-16-018 Janice Davey Block: 3701, Lot: 4 60 Green Avenue Applicant is seeking the restoration of a “historic” open front wraparound porch in an R-2 (single family residential) zone requiring relief from minimum front yard setback and maximum impervious lot coverage. This application will be heard at a special meeting of the Zoning Board of Adjustment on Monday, June 13, 2016, without further notice. 9. OTHER BUSINESS 10. ADJOURNMENT: The meeting was adjourned at 11:30 pm with a motion made by Ms. Kaar. Respectfully submitted, Frances Boardman Recording Secretary ZBA Special Meeting 06-13-16 Page 9