Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, October 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 regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, October 13, 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, Melissa Elias, Timothy Blair, Dr. Paetzell, Diane Driscoll, Ann Lawless and Mary Sue Salko Excused: Ms. Kaar Also Present: Gary Hall, ZBA attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular meeting of September 8, 2016 The minutes were distributed to all Board members prior to this meeting for their review. No corrections were made to the minutes. A voice vote of aye was heard from all Board members in approval of the minutes as submitted. 6. RESOLUTIONS FOR MEMORIALIZATION – The 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 from all Board members in approval of the Resolutions. CASE NO. Z 16-030 Resolution granting variance application to Parisi Builders & Developers, LLC, Block: 2401, Lot: 11, 19 Bruns Street to construct a New 2 ½ Story Single Family Home in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Set Back (Left), Minimum Side Yard Setback (Right) and Maximum Principal Building Coverage. CASE NO. Z 16-031 Resolution granting variance application to Danielle Dixon, Block: 103, Lot: 20, 22 Shadylawn Drive to construct a Front Covered “Open” Porch, 2nd Story Addition, 1 Story Addition, Expansion of Existing ZBA Regular Meeting 10-13-16 Page 1 Rear Patio and Front Walkway & Stoop, Previously Installed Fence, Shed and Patio without a Zoning Permit Application/Approval, also the Relocation of Existing Air Conditioning Unit in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 16-032 Resolution granting variance application to Andrew & Sonia Dutton, Block: 1001, Lot: 22, 7 DeHart Place to construct a 2 Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principle Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 16-033 Resolution granting variance application to Steve First, Block: 4601, Lot: 58, 15 Olde Greenhouse Lane to construct a Patio with Seat Wall and Fire Pit, Existing Wood Walk and Shed are to be removed; Portion of Existing Deck is also to be removed in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. 7. SCHEDULING AND PROCEDURAL MATTERS – David Dubman, 10 Fox Chase Road, Madison, NJ – This matter needs a determination of whether the Board should consider a new hearing. This process began in August. Mr. Epstein, a neighbor requested the re-hearing. The applicant submitted numerous documents. Mr. Hall also gave his input in the form of documentation. Mr. Hall began by stating he attached information to the Board members documentation. He continued by reviewing the reasons for a re-hearing according to Borough Ordinance. He believes that no mistake occurred, the mailing was done with a return receipt for signature for all neighboring homes involved. Mr. Santoro then gave his thoughts on whether there were any mistakes in this application and that the applicant had submitted all necessary material and facts. A motion to accept the opinion of the Board attorney and the Board Chairman and deny the request for a re-hearing was made by Mrs. Driscoll and seconded by Ms. Lawless. A roll call was requested and recorded as follows: Ayes: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, Ms. Salko and Mrs. Lawless. 8. OLD BUSINESS – No Old Business on the agenda. 9. NEW BUSINESS – CASE NO. Z 16-023 Arthur Tutela Block: 4402, Lot: 34 164 Green Avenue Applicant is seeking permission to remove portion of Existing Asphalt Driveway, Reinstallation of Removed Portion of Asphalt Driveway, and the Installation of (2) Driveway Entrance Piers in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. At the request of the Applicant this application was to be carried to the September 8, 2016 Zoning Board of Adjustment meeting. Applicant was advised that he would need to re-notice. Applicant failed to notice in a timely fashion and will be placed at his request on the November 10, 2016 Zoning Board of Adjustment Agenda. Applicant must re-notice for the November hearing. This application will be carried further to the December 8, 2016 meeting and the ZBA Regular Meeting 10-13-16 Page 2 applicant will have to re-notice for that meeting. A letter is required to the Board Secretary, Fran Boardman requesting the meeting be carried to December 8, 2016. CASE NO. Z 16-034 Paul & Dana Patella Block: 3803, Lot: 44 56 Prospect Street Applicants are seeking permission to construct a 2 ½ Story Addition, 1 Story Garage Addition, Drywell, Expansion of Existing Driveway, and Removal of Existing Shed in An R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Belmont Avenue), Minimum Side Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Paul Patella, the applicant Marjorie Roller, Architect, ASA Architects 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 August 17, 2016 A – 1 A copy of survey, dated 3/4/11 A – 2 Plans prepared by ASA Architects, dated 8/16/16, A-1 thru A-2 A – 3 Photo showing the front corner and right side of the home A – 4 Photo showing the Belmont side of the home and the garage Mr. Patella began by explaining that his family is growing and the family wants to stay in Madison. Prior to their ownership, a doctor owned the home. At this point in time, the children are growing and more space is needed. One of the bedrooms on the first floor was utilized as an office, and there is only one bathroom on the first floor. The second floor plan involves an additional bedroom and one additional bath. The home has historical value and the applicant wants to maintain the Dutch Colonial design. Mrs. Roller continued by describing the layout of the home, first and second floor. The first floor has a large fireplace, the kitchen and breakfast area is 19x16. The side yard request is on the Prospect side and the applicant will continue the building line. The Building Coverage existing is 17.56. The impervious coverage is also being increased. The house is located on a corner lot which causes a hardship. The location of the garage interferes with the choice of the location of the addition. The door of the garage will be replaced. The patio that exists will be removed and the addition will be located in that area. The neighbor on the Prospect side has a driveway. Most of the negative impact will be diminished. The Board had a few questions regarding the rooflines. A drywell will be added to capture the water from the garage and the new addition. Mr. Patella stated that drywells were requested before he closed on the home. The right side of the home has French drains and a perforated 10 – 12” piping which will capture the water and take it down to Belmont. The applicant stated that the family does not utilize the outdoor space, except for a grill. There being no further questions from the Board or testimony from the applicant, the public was given the opportunity to ask questions or make comments as follows: Woody Kerkeslager, testified that the applicants are great neighbors and the addition is appropriate and will fit nicely in the neighborhood. ZBA Regular Meeting 10-13-16 Page 3 The Board now began their deliberation. The consensus of the Board was to approve the application as submitted and asked for a revised cover sheet and a note to correct the drywell information. A motion to approve the application was made by Dr. Paetzell and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell, Mr. Santoro, Ms. Salko and Mrs. Lawless 10. OTHER BUSINESS 11. ADJOURNMENT: The meeting was adjourned at 8:38 pm with motions made by Mr. Blair and Mrs. DeRosa. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 10-13-16 Page 4