Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, June 13, 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 special meeting of the Borough of Madison Zoning Board of Adjustment was held on Monday, June 13, 2016, 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: On June 9, 2016 a special meeting was scheduled and posted at the bulletin board at the main entrance of the Hartley Dodge Memorial Building, 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, Tony DeRosa, Timothy Blair, Diane Driscoll, Helen Kaar, Roger Paetzell, Anne Lawless, and Mary Sue Salko Excused: Timothy Blair and Melissa Elias Also Present: Gary Hall, Zoning Board attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL 6. RESOLUTIONS FOR MEMORIALIZATION 7. OLD BUSINESS 8. NEW BUSINESS CASE NO. Z 16-011 Glenn and Linda Zenga Block: 3902, Lot: 8 2 Kensingston Road Applicants are seeking permission to construt 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. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 3/16/16 A - 1 A copy of the survey dated 2/8/08 A – 2 Plot and Variance Plan, prepared by David Fantina, dated 2/16/16 A – 3 Architectural Plans, prepared by Byrne Design Associates, dated 4/5/16 A – 4 Colored computer rendering of the front elevation of the home ZBA Special Meeting 06-13-16 Page 1 David Fantina, Engineer and William Byrne, Architect were sworn in along with the applicants, Mr. and Mrs. Zenga. David Fantina, Engineer began by explaining the variances that are being requested. He then reviewed the zoning requests in each area. He continued stating a porch is proposed at the Kensington Road location. A pre-existing garage will be demolished and a new garage will be constructed. The Maximum Building Coverage is being increased. The public was given the opportunity to question Mr. Fantina, there being no questions, Mr. William Byrne, Architect began by reviewing Exhibit A – 4, Colored Computer Rendering of the Home. The proposed garage will be connected to the home and has a second floor above the garage. A set of steps located within the home will serve as an entry to an attic which will be utilized for storage being the home has no basement. Mr. Santoro advised Mr. Fantina and Mr. Byrne that the Borough requires drywells based on vertical expansion of a home with a new roof. The Board was asked for their opinion regarding the drywell. Mr. Santoro stated that a condition be added to the Resolution having the Borough Engineer make the decision as to whether it should be required and its size. The public was now given the opportunity to either question the witnesses or make comments. There being none, the Board began their deliberation. The consensus of the Board was approve the application as presented with the condition that the Borough Engineer be contacted to make the decision as to whether a drywell is required and its size. A motion to approve the application as presented was made by Mrs Driscoll and seconded by Mrs. Lawless. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless 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 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. Steven Azzolini, attorney representing the applicant. The property has been idle and is in disrepair. Mr. Azzolini reviewed the application and what is being proposed. The home is a 3 bedroom, 1.5 bath home which will be improved to a 3 bedroom, 2 bath home. Mr. Andrew Clarke, Engineer was sworn in and was qualified as an expert witness. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew dated 4/21/16 A – 1 Lot Grading Plan, prepared by Mr. Andrew Clarke, dated 4/1816 A – 2 Survey dated 3/3/16 prepared by Mr. Andrew Clarke A – 3 Architectural Plans dated 4/20/16 Mr. Clarke began by reviewing A – 1 Lot Grading Plan. The impervious lot coverage is the issue on this application. One side of the site has no detriment of water runoff and the other side of the property also will not have any runoff. He stated that the applicant tried to comply, however the garage and home is further back on the lot and a long driveway exists. The garage will be demolished and a 12 x 20 garage will be constructed as close to the addition as possible. There is no ZBA Special Meeting 06-13-16 Page 2 possibility that any neighbors will be impacted and the project will be an overall improvement to the neighborhood. There being no further testimony from the applicant, 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 presented. A motion to approve the application as presented was made by Mrs. DeRosa and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless 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. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew dated 4/12/16 A – 1 Copy of Survey, prepared by Solstice Surveying, dated 1/31/16 A – 2 Architectural Plans, dated 3/7/16 prepared by Cindy Boerner-Lay, Architect. Mrs. Raudelunas began by explaining their desire to live in Madison. The home is in need of a new roof and other renovations. The applicants believe an expansion of the home is needed for family and friends to visit. Neighboring homes have been improved and the applicants believe that their home is also now ready for improvements. A second level was explored and doing so would incur more expense and the family would have to leave to have this type of work performed. The design chosen is staying in sync with neighboring homes. The public was given the opportunity to question the applicant, there being none, Cindy Boerner-Lay distributed A – 1, Copy of Survey to the Board members. She then reviewed the plans starting with the first floor. The existing patio will be replaced by a deck. In the rear the addition of the dining and family room can be viewed. Two variances are being requested. Two hardships are working against the applicant which include the undersized lot and the ranch style home. This home is one of the smallest in the neighborhood and is below average considering the lot size. She continued by making comparisons of homes on the street and reviewing several pages of the application which are being presented. The Lot coverage is being decreased, the front yard setback is 34.4 feet and not being encroached upon. In conclusion, the applicant believes the proposed changes are in keeping with those in the neighborhood. The house is being updated to provide an aesthetically pleasing view of the home. Mr. Hall made a correction to the lot size figure provided by the architect changing the request to 735.5 sf over the required. 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 approve the application as presented with the condition that a drywell be installed. A motion to approve the application as presented was made by Ms. Kaar and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: ZBA Special Meeting 06-13-16 Page 3 AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless 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. The applicants and Mr. Byrne, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew dated 5/4/16 A – 1 Copy of survey prepared by J. Barbieri, dated 2/6/10 A – 2 Plans prepared by Byrne Design Associates, dated 5/3/16 A – 3 Marked copy of the survey showing the proposed changes Mr. Greene began by reviewing some of the work which has been performed since the home was purchased. The family is growing and an expansion of the home is needed. A master bedroom on the second level is being considered. A breakfast area behind the kitchen is being proposed which will house the second level addition. More space is being proposed for the entry way for a closet and an overhang in the front entry way. In the rear, an old piece of the home is being demolished. The house lot is smaller and it does not allow much room for the expansion. Mr. Byrne, Architect began by reviewing the colored version showing the addition to the rear of the home where a sunroom presently exists. It will be removed and the new addition which will consist of a powder room and will increase the square footage. A concrete walkway will be removed and replaced by concrete pavers. The addition will not be visible from the front of the home. The front yard setback was different as to the left and right sides, being larger on the right. He stated that this addition will not provide any negative impact upon the neighborhood. The open portico is approximately 7 x 10 feet. There being no further testimony from the applicant, 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 presented. A motion to approve the application as presented was made by Mrs. Driscoll and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless CASE NO. Z-16-015 Kevin Beach Block: 3702, Lot: 25 41 Prospect Street ZBA Special Meeting 06-13-16 Page 4 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. Kevin Beach was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 4/26/16 A – 1 Landscape Plan dated 4/30/16 prepared by DeMartinis Landscaping A – 2 Survey dated 6/24/15, prepared by Este Surveying. Mr. Beach began by stating the home had an addition several years ago allowing the access to the garage to be very tight. The applicant proposes to change the shape of the driveway and converting the rear driveway from asphalt to a pavers. A bump-out exists and interferes with the driveway. Landscaping is being proposed where the fencing presently exists. Mr. Santoro stated he is requesting alot of coverage and asked if any type of water collection system is being considered. Mr. Beach stated there is a swale in the rear property line. The landscaper is proposing a swale in the rear so the water can be controlled without destroying any soil or foliage that presently exists. Mr. Beach stated presently leaders from the roof are being directed to the rear. Mr. Santoro was concerned with what presently exists and he suggests a storm-water management plan. The consensus of the Board was to provide a storm-water management plan. Mr. Santoro stated that an Engineer be contacted to discuss a Storm-water Management Plan be discussed. The applicant will return at the next meeting in July with this information. 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. Mr. Leary was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew, dated 4/26/16 A – 1 Copy of survey dated 4/12/16 A – 2 Architectural Plans prepared by Petersen and Assoc., dated 4/15/16 A – 3 Picture of the view from the neighboring home A – 4 Picture of the side of the home near the driveway A – 5 View from the right of the home A – 6 View from the rear of the home He began by explaining the need for the expansion for a growing family. A second floor is being proposed and a portico in the front area for shelter from bad weather. The house was built in 1940 and located 5.8 feet from the side yard. The addition will be located along the entire rear of the home. The higher peak of the rear can be viewed from a distance. The ceilings upstairs are approximately 7 feet. She suggested a drywell to help maintain the water on the property. The ZBA Special Meeting 06-13-16 Page 5 carport is utilized as a shed. The two bay garage houses toys. Mr. Leary stated that there have not been any water issues on the property to date. He stated that there are drywells on the property. There being no further testimony from the applicant, 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 presented. A motion to approve the application as presented was made by Ms. Kaar and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless 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). Justin Calta, attorney representing the applicant, Alan Andreas, Architect, and Andrew Clarke, Engineer. Mr. Andreas was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison dated 5/12/16 A – 1 Lot Grading, prepared by Andrew Clarke, dated 5/3/16 A – 2 Floor Plans, prepared by ASA Design Build, dated 5/9/16 Mr. Andreas began by describing the plans. A second story will be added to the existing cape style home. The driveway will encroach to the property line. The home will be torn down and doing so, the setbacks will be improved, but the applicant is still asking for relief. The lot will be improved with respect to the impervious coverage, a water management system will be installed to the rear of the yard. Mr. Andreas continued justifying the location of the proposed home as questioned by Mr. Hall. Mr. Andreas stated the applicant would move the home one foot if so requested by the Board. The consensus of the Board was to adjust the location of the proposed home and install carriage style garage doors. The public was given the opportunity to ask questions as follows: Ajay Sureka, 92 Greenwood Avenue, began by a reading a statement and requesting that the Board reject the application. He read to the Board the issues by which the Board should reject the application. Mr. Andreas replied to each and every issue Mr. Sureka addressed. He stated the car port and the shed will be removed along with other unnecessary items on the site. The AC units will be 5 feet from the property line, so the applicant will locate the units on the right hand side and not the left. There will be buffering between the neighboring homes and the proposed home. Matt Van Natten, representing Peter Sundman, 16 Bardon Street, wanted to note the setback on the left side. The public portion of the meeting is now closed. There being no further testimony, the Board began their deliberation. The topic of the location of the AC units was discussed. The consensus of the Board was to approve the application with the conditions that the AC will not be placed on the left side of the property. ZBA Special Meeting 06-13-16 Page 6 AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless NAYS: Ms. Kaar CASE NO. Z-16-018 Janice Davey Block: 3701, Lot: 4 60 Green Avenue Applicant is seeking the restoration of a “historic” open front wrap around porch in an R-2 (single family residential) zone requiring relief from minimum front yard setback and maximum impervious lot coverage. Janice Davey and Barry Kizmann were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew dated 5/11/16 A – 1 Colored site plan drawing A – 2 Copy of the survey dated 7/21/12 A – 3 Photos, page 5 – 15 Ms. Davey gave her credentials and brought a photo showing the design of the home. She reviewed the home as it exists. Her rendering of what it will look like is similar to what presently exists. The applicant would like to restore the home to its original look. Three and half feet is needed to do so. Mr. Hall stated that a variance is needed to raise the roof. The variance is very diminius for the roof area. The impervious coverage variance will be reduced by eliminating some of the driveway by 700 sf. A grass imperviable paver will blend in with the grass. The impervious coverage will be reduced to 30%. The front yard setback will be decreased to 22 feet from the property line where 25 feet is allowed. The driveway will be comprised of washed stone and a combination of true grid and raised bed. The Board members agreed to the true grid instead of a drywell. Nancy Northrup, 64 Green Avenue, was very happy that the applicant is bringing the house to its original condition. There being no further testimony, the Board began their deliberation. A motion to approve the application with the condition to consult with the Borough Engineer regarding the true grid was made by Mrs. Lawless and seconded by Ms. Kaar AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell,, Ms. Kaar, Mr. Santoro, Ms. Salko, Mrs. Lawless 9. OTHER BUSINESS 10. ADJOURNMENT: The meeting was adjourned at 11:30 pm with a motion made by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting 06-13-16 Page 7