Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, December 8, 2016 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey. 1. CALLED 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 8, 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, Anne Lawless, Helen Kaar, Timothy Blair, Diane Driscoll, Roger Paetzell, Mary Sue Salko, and Melissa Elias Also Present: Gary Hall, Attorney for the ZBA 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There was one small correction. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes. 5. MINUTES FOR APPROVAL - Regular meeting of November 10, 2016 The following Resolutions were distributed to all Board members prior to this meeting for their review. A small change to the Z16-035 was made. There being no other changes, a voice vote of aye was heard from all eligible voting Board members to approve the Resolutions. 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 16-035 Resolution granting variance application to John & Mary Wilson, Block: 905, Lot: 3 27 Sherwood Avenue to construct a 2 Story Addition, Detached 2 Car Garage, Paver Patio, Driveway, Sidewalk, Drywell, (2) Air Conditioning Units, and the Removal of ZBA Regular Meeting 12-8-16 Page 1 Existing Driveway & Front Walk, Shed and Patio, Side Concrete Pad, Stoop and Roof in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 16-036 Resolution granting variance application to Matthew & Laura Collins, Block: 4804, Lot: 5, 56 Barnsdale Road to construct a 1-1/2 Story Addition, Front Portico Roof over Existing Stoop, and to remove an Existing Rear Walk in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback and Minimum Rear Yard Setback. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – CASE NO. Z 16-037 Katherine Gargiulo Block: 4402, Lot: 16 3 Colonial Way Applicant is seeking permission to construct a Bluestone Patio, Stoop and Walkway and Grill with Counter Top, applicant will also remove an Existing Deck and Steps in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. At the request of the applicant this application is to be carried to the January 12, 2017 meeting of the Zoning Board of Adjustment 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. Dr. Arthur Tutela was present, along with John J. Delaney, Jr. Esq. All present were sworn in and the following exhibits were marked. B – 2 Letter of Denial from the Borough of Madison Construction Official, Dan Buckalew, dated 5/3/16 B – 1 Copy of Letter dated11/20/14, signed by Mr. Buckalew A – 1 Survey dated 3/16/16 updated A – 2 Topography, rev. 3/16/16, Clearpoint Surveyors A – 3 Topographic Survey, dated 10/2/15, updated 3/16/16 with add’l info A – 4 Photo of the home from the street A – 5 Plan of the driveway with plantings ZBA Regular Meeting 12-8-16 Page 2 Mr. Delaney began by questioning Dr. Tutela as to their ownership of the home on 164 Green Avenue. Mrs. Tutela was also present. Dr. Tutela began by describing the property, the driveway and other areas. He is intent upon making the area safer for the children, especially the driveway. Mr. Santoro mentioned that he conferred with Mr. Hall to understand the application and what took place prior to this evening. He stated that various improvements were applied for and along with that there was a reduction of impervious coverage by removing the driveway at 19% under the permitted coverage. However, a permit to construct a shed on the property was applied for previously. The observation of the application shows 2700 feet over the maximum permitted. The question is why the Board is not seeing an application which is a bit more modest. Mr. Santoro wants to hear why the changes are being requested. Dr. Tutela stated he had a different architect for the prior plan. The present architect, Carolle Huber recommended a different plan which would suit the family better. Carolle Huber, Landscape Architect was sworn in and gave her credentials. The Board accepted Ms. Huber as a qualified Landscape Architect. She began by stating the Tutelas hired her to plan the driveway and perform a Landscape Plan. She calculated the lot coverage numbers. She explained how the application has gotten to this point. The driveway was made much smaller, however, asphalt will be utilized as the product. Mr. Santoro explained a 20% credit would be given when pavers are used and the applicant is utilizing asphalt. Ms. Huber’s plan is for a larger driveway in keeping with the architecture of the home. It would improve the aesthetics and will function much better than the previously proposed driveway, which was too small. The front yard will be changed completely and 260 shrubs and trees will be planted to improve the site and the view of the home. Mrs. DeRosa made a suggestion to add a section with pavers. Dr. Tutela explained the cost incurred if the driveway was all pavers. Ms. Huber discussed a rain garden to catch all the water from the side of the home. She also suggested swales along the driveway to also catch runoff. Dr. Tutela explained the disadvantages of pavers and believes the asphalt makes more sense. The applicant and his attorney took a short break at 8:23 pm and returned at 8:28. Mr. Delaney stated that Ms. Huber stated she would work with Dan Buckalew regarding the recharge trench and her client would install pavers at the front of the driveway. Mr. Santoro suggested the applicant return after conferring with the Board and their opinion of the suggested changes from the applicant. The next meeting is planned for the 12th of January, 2017 and the applicant will return with a revised plan with the Board’s recommendation. 10. OTHER BUSINESS Mr. Hall discussed 34 Walnut briefly and it will be listed for discussion at the next meeting. ZBA Regular Meeting 12-8-16 Page 3 Discussion of the 2015 Annual Zoning Board of Adjustment Report Mr. Hall stated the Board did discuss the Annual Report at the beginning of the year. He will send out a memo regarding the recommendations that were made ie. Stormwater Management, etc. The Planning Board did discuss this issue especially for non –residential applications. Another recommendation made was the drywell requirement; should the 400 foot number be reduced, however, it is unlikely that it will be changed. Also the cupola issue was discussed as to whether it is part of the roof height. Mr. Santoro advised the Board to email Mr. Hall with any other issues they believe should be included in the Annual Report. Mr. Santoro brought up the issue of a detached garage with extended breezeways. Its Timothy Blair’s last meeting after 5 years of service. Good Luck Tim. 11. ADJOURNMENT – The meeting was adjourned at 9:16 pm with a motion made by Diane Driscoll seconded by Helen Kaar. Respectfully Submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 12-8-16 Page 4