Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, February 23, 2017 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 February 23, 2017 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. Mr. 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: At the reorganization meeting of the Board, held on January 12, 2017, the Board, by resolution adopted a schedule of meetings. On January 13, 2017, 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”. Oath of Office administered to appointed Board members APPOINTMENTS – Mr. Hall read the Oath of Office to Timothy Fitzsimmons. Mr. Fitzsimmons Timothy Fitzsimmons, Class IV, Alternate # 2 Two Year Term through December 31, 2018 Mr. Fitzsimmons accepted the appointment as Alternate #2 through December 31, 2018 3. ROLL CALL PRESENT: Joseph Santoro, Toni DeRosa, Roger Paetzell, Helen Kaar, Melissa Elias, Diane Driscoll and Timothy Fitzsimmons ALSO PRESENT: Gary Hall, ZBA Attorney Frank Russo, P.E., Engineering Consultant EXCUSED: Ms. Salko and Mrs. Lawless 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There were no corrections or deletions for these minutes. A voice vote of aye was heard from all eligible voting Board members in approval of both sets of minutes. 5. MINUTES FOR APPROVAL – Reorganization meeting of January 12, 2017 and Regular meeting of January 12, 2017 The following Resolutions were distributed to all Board members prior to this meeting for their review. Mr. Hall will change the dates on all three Resolutions. No other changes were made. 6. RESOLUTIONS FOR MEMORIALIZATION – ZBA Regular Meeting 2-23-17 Page 1 CASE NO. Z 16-023 Resolution granting variance application to Arthur Tutela, Block: 4402, Lot: 34, 164 Green Avenue 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. CASE NO. Z 16-039 Resolution granting variance application to Martin & Joanne Chiarolanzio, Block: 3803, Lot: 16, 21 Keep Street to construct a Front “Open” Porch with Sidewalk, Stairs & Retaining Walls, and Left Property Line Retaining Wall in an R-4 (Two-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback. CASE NO. Z 16-041 Resolution granting variance application to Daniel Holly Wells, Block: 4301, Lot: 16, 27 Lathrop Avenue to construct a Front Stoop with Stairs with Roof, Rear 2 Story Addition, Open Porch with Steps to Grade, and to Remove an Existing Patio in an R-4 (One or Two Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Impervious Lot Coverage. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – CASE NO. Z 16-040 Lexplain, LLC Block: 4902, Lot: 3 11 Dellwood Parkway East Applicant is seeking permission to construct the Partial Widening of Exisiting Circular Driveway with (3) Cobblestone Driveway Aprons, Light Piers at (2) Driveway Aprons, (2) Driveway Trench Drains, Reset/Rebuild Existing Front Stoop and Walkway, Grass Paver Parking Area, Garage Entrance Cobblestone Apron, Brick Paver Patio with Bar and Grill, Deck with Arbor, 6’ High U.C.C. Code Compliant Pool Fence, Storm Water Management Improvements; (3) Catch Basins with Catch Basins & Pool Backwash System to be connected to Borough Drainage Inlet in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Tom Malman, attorney for Lexplain, LLC was present and stated that the applicant was present at the meeting in January. He stated that they have made the minor changes that were requested by the Board at that point in time. A – 5 Revised Plans by Brian Bosenberg, dated1/23/17 A – 6 Prior Conditions, colored rendered A – 7 Proposed Conditions Mr. Bosenberg began by reviewing A – 6, the changes that were made were the removal of the pavement around the BBQ grill and the grassed pavers around the driveway. A Deck will replace the bluestone. A – 7, the BBQ grill will be kept, some pavement will be removed, lowering the existing impervious coverage. Dr. Paetzell requested that the storm-water drain issue be reviewed. Mr. Bosenberg stated that several pipes that exist will be brought up to code. The area around the Spa is comprised of a Brick Paver Patio with Bar and Grill, Deck with Arbor, 6’ High U.C.C. Code Compliant Pool Fence. ZBA Regular Meeting 2-23-17 Page 2 There being no further testimony from the applicant or the Board, the public was given the opportunity to make comments or ask questions. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as presented. Ms. Driscoll made a motion to approve the application and Ms. Kaar seconded that motion. A roll call vote was requested and a voice vote of aye was heard from all eligible voting Board members in approval of the motions. AYES: Mr. Santoro, Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell and Mr. Fitzsimmons. 9. NEW BUSINESS – CASE NO. Z 16-042 John Westerhold Block: 4201, Lot: 4.02 29 Crescent Road Applicant is seeking permission to construct a Patio in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. The Applicant additionally seeks a waiver from Section 195-25.15 H requiring 2% maximum grade for driveway entrances and exits up to 25 feet from the right of way line and 10% maximum grade beyond 25 feet from the right of way line. Nino Coviello, Attorney for the applicant introduced himself. He began by identifying the application and stated that he spoke to Mr. Hall today and he will explain how the Board will approach this application. Mr. Anthony Gallerano gave his credentials and was accepted by the Board as a qualified witness. B – 1 Letter of Denial signed by Mr. Frank Russo, Engineering Consultant, dated 9/27/16 A – 1 Plans dated 12/7/16, two sheets A – 2 Enlarged version of plot plan Mr. Coviello requested that Mr. Anthony Gallerano, P.E., P.P., Harbor Consultants, Inc. review A – 2 Plot Plan. Mr. Gallerano, continued by pointing out the area that is causing the request for a variance. The side contains a concrete pad for mechanical equipment. The front has an area for two cars. The applicant will withdraw that portion of the application and is not requesting approval. The original application was 23.8% and with the removal of the square footage, reducing it to 22.6%. The actual square footage is 9,357 – 455 = 8,902 over by 1045 sf. The reason for the request is that the estimate did not include the mechanical equipment, a total of 7 pieces. It will be enclosed by a 4 foot high fence. Mr. Gallerano, P.E. believes that the patio is not out of scale for the property and there is significant open space in the rear. Additional length was added to the driveway due to the house being pushed back. He believes that this patio would not have any impact upon adjoining properties. Ms. Driscoll and Mr. Santoro had issue with the amount of impervious coverage being requested. He stated why can’t we do this without a variance and gave some suggestions to the applicant. Mrs. DeRosa had a concern with the rear property having a severe incline. Mr. Gallerano stated there is a seepage pit in the rear yard and will be able to handle any water in the rear. The patio runoff will empty into the seepage pit along with all the roof leaders. Mr. Russo gave an explanation for the water issue and how it would operate. ZBA Regular Meeting 2-23-17 Page 3 Mr. Santoro believes there is no hardship in this application to warrant the size of the patio, etc. He stated that the applicant can decrease the size of the patio which would decrease the flow of water to the street. Mr. Santoro stated that he does not believe the concerns of the Board can be addressed tonight. He suggested that the applicant return with a revised plans so the applicant can make the changes and return at the April 13, 2017 meeting. Mr. Hall stated he discussed the driveway grade with Mr. Coviello and suggested he follow up with Bob Vogel, Borough Engineer. The public was given the opportunity to make comments or ask questions regarding this application as follows: Boris Vuchic, 44 Crescent Road, had a letter to the Zoning Board with reasons for them to disapprove the application. He was sworn in and spoke for himself as to what he believes. He stated what the Planning Board’s conclusion was at their meeting. John Wand, 37 Crescent Road, stated that the runoff does change and is relevant in this application. Doug Greer, 317 Woodland Road, stated he is concerned with the slope in the rear of the house and the water runs off into the homes on Woodland Road. He requests that additional retention be included in the plan putting the water back to the rear of the house. He is directly behind the applicant’s home. Johann Habib, 198 Central Avenue, asked if the Board has read the Resolution that was written at the Planning Board meeting. Water ponds in the road and she believes there will be flooding. Wendy Bruhn, 309 Woodland Road, was concerned with runoff and had several other complaints of what has taken place since the last Planning Board meeting. She spoke to Frank Russo and had several suggestions. The applicant will return on April 13, 2017 with a revised plan. CASE NO. Z 17-001 Anthony & Deborah D’Auria Block: 4801, Lot: 2 74 Noe Avenue Applicants are seeking permission to construct a New Single Family Dwelling in an R-2 (Single – Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Due to incorrect and insufficient noticing this application will be carried to the March 9, 2017 agenda of the Zoning Board of Adjustment. The applicant will need to re-notice all residents within 200 feet of the property both in Madison and Chatham Township as well as the Madison Eagle. CASE NO. Z 16-038 Group ASA at 230 Main Street, LLC Block: 2205, Lot: 11 230 Main Street The applicant is seeking permission to make modifications to a professional office building at 230 Main Street located in the CC (Community Commercial) Zone requiring a “D” variance(s) to increase the nonconforming floor area ratio (FAR) and “C” variances which include but are not limited to: Off Street Parking, Allowable Floor Area, Parking within the Front Yard Setback, Rear Yard Setback, ZBA Regular Meeting 2-23-17 Page 4 Lighting, Signage and proposed fence within five feet of the property line and within the front yard setback. Site plan approval is also requested. Nino Coviello, Attorney reviewed the application and stated the Board is familiar with the property. A few variances are being requested, parking spaces, D variance, floor area ratio. B – 1 Memo, dated 11/19/16, Susan Blickstein, PP B – 2 Memo dated 1/23/16, Susan Blickstein, PP, updated from 11/19/16 B – 3 Memo from Frank Russo, Technical Review I B – 4 Technical Review II, from Frank Russo B - 5 Shade Tree Commission, 5 pages with 2 page Memo, 11/23/16 with photos attached B – 6 Sign and Façade Committee, dated 2/3/16 B – 7 HPC Memo, dated 12/19/16 A – 1 Revised 12-23-16 Site Plan Drawing A – 2 Landscape Plan prepared by Alan Andreas, 10-24-16, rev. 12-21-16. 1 sheet A – 3 Floor Plans, dated 12-21-16 prepared by Alan Andreas A – 4 Light Analysis, performed by RAB Lighting, dated 12/22/16 A – 5 Survey Alan Andreas is the Owner and was sworn in and Marjorie Roller, Architect representing ASA Architects was accepted as the Architect for the application. Mr. Andreas gave his credentials and explained what type of business he has at this point in time. He has 15 employees at his office in Madison. Mr. Coviello stated that Mr. Andreas has found 6 additional parking spaces either with the Elks or the owner across the street from his old office on Main Street. 13 spaces are need for employees and 6 extra for visitors. Mr. Hall asked Mr. Andreas if he read Susan Blickstein’s memo and what are his thoughts. He will have his associate answer those questions. Andrew Clarke, Engineer was sworn in and he began to explain what the applicant plans to do. A – 1 was used to identify the entrance to the site. The front door was not functional and there is an existing parking lot. A small drain exists and there is most likely an outlet in the rear. He stated there has not been any drainage problems on site. Mr. Frank Russo requested that Mr. Clarke investigate where the drainage system begins and ends and he agreed to do so. A formal entrance will be introduced from Station Road. The rear parking will remain the same. A bike rack will be located on the Whole Foods side. Air conditioner units will be located in the fenced area. The lot coverage will be reduced. Mr. Clarke stated has not read the latest memo from Mr. Russo, however, he will comply with any of his requests. The parking lot is not curbed, however, the Ordinance requires the applicant to do so. The impervious coverage will be reduced. Signage was discussed. Mr. Clarke’s testimony is complete, and there were no questions from the public or the Board. Marjorie Roller, Architect, ASA began by describing the property as it was in the past. She stated that the applicant plans to improve the building, with a first floor and second floor housing a design studio. She described the other amenities of the building ZBA Regular Meeting 2-23-17 Page 5 A – 6 Artist Rendering of the Proposed Building, northeast view A – 7 Photos of existing building, other views of the neighboring homes and businesses Ms. Roller continued her testimony as to what presently exists at the building. Skylights will be installed along with Solar panels. French doors will be installed with store front glass. Ms. Roller continued by describing the floor area that is being proposed and what is pleasing to the community. She made the comparisons as to what exists and what they are proposing to install. The setbacks were discussed and a handicapped ramp is also being considered making the variance greater on Station Road. The exterior lighting was discussed. The hours are being limited and motion sensors will be available. Ten pm would be the deadline for lighting to be extinguished in the parking lot. The Station Road side is all conforming. The Main Street area will have bollard lighting with a community garden planned for the front. A – 8 1/30/17 latest revision for lighting The revision removed several bollards and the spillage that emanates would go away at 10 pm. The highest foot candles is 0.3 and is located on Main Street. Mr. Russo will sign off on the Lighting Plan. The signage was discussed and the proposed sign will be reduced to four feet as approved by Mr. Andreas. A – 9 Signage from the old building It was decided that the proposed sign and the piers be reduced; 4’x 24” x 6’ final size, externally lit. The Landscape Plan states that trees will be added, a fence will be installed to keep customers from Whole Foods away from the property. Mrs. DeRosa requested that a rendering should be submitted showing the front of the building, creating a secondary entry. The applicant will provide a rendering of the front. A rendering will be provided when the applicant returns with a photo of a curtain wall on March 9, 2017. CASE NO. Z 17-002 Bryan & Melissa Donohoe Block: 4202, Lot: 17 11 Wyndehurst Drive Applicants are seeking permission to construct a (1) 1 Story Addition, (2) 2nd Story Additions, (2) 2 Story Additions, Front Covered Portico, Rear Stoop with Roof, Rear Patio with Seat Wall and Drywell in a R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right) and Maximum Impervious Lot Coverage. At the request of the applicant this application will be carried to the March 9, 2017 agenda without further notice. CASE NO. Z 17-003 Thomas Haralampoudis Block: 4903, Lot: 3 3 Dellwood Drive Applicant is seeking permission to construct a 2nd Story Addition, (2) s Story Additions, (3) 1 Story Additions, Front Entry Overhang, Removal and Replacement of Existing Driveway, Removal and ZBA Regular Meeting 2-23-17 Page 6 Replacement of Existing Front Sidewalk and Drywell in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback. Due to insufficient noticing this application will be carried to the March 9, 2017 agenda of the Zoning Board of Adjustment. No further notice in the Madison Eagle or to home owners within 200 feet who received proper notice previously will receive re-notification. CASE NO. Z 17-004 Robert Halasz Block: 912, Lot: 5 35 Valley Road Resident is seeking permission to construct a 2 ½ Story Single Family Dwelling with Front Covered Open Porch, Rear Covered Porch, Front Loading Driveway, Front Sidewalk, Drywell, (2) Air Conditioning Units, (1) Generator in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage. B – 1 Letter of Denial from Dan Buckalew, Zoning Officer Borough of Madison dated 1/11/17 A – 1 Survey dated 10/21/16, revised 11/14/16 A – 2 Plans prepared by Arthur Demarest, Architect, dated 1/11/17 Mr. Halasz was sworn in and he began by describing what he is seeking. He stated that he was going to use the existing footprint and his architect changed where the home will be located. A drywell is proposed for the front of the home to catch runoff from the roof. A 1 ½ car garage will be constructed. The garage will also be used for storage and one side will house a vehicle. A single door is being proposed with glass inserts going across. The house will have 4 ½ bath and will have a basement. Mr. Santoro stated he does not see any issues. The applicants want to hire a landscape designer after the home is built. They plan to install a row of trees in the rear for privacy. A row of boxwoods is also planned. The applicant’s presentation was final and the public was given an opportunity to ask questions and 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 was made by Mrs. Elias and seconded by Mrs.DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Ms. Kaar, Mrs. Elias, Dr. Paetzell, Mrs. Driscoll and Mr. Fitzsimmons. 10. OTHER BUSINESS: 2016 Annual Zoning Board of Adjustment Report The Annual Report was distributed to all Board members. Helen Kaar made a motion to approve the Annual Report and it was seconded by Diane Driscoll. A voice vote of aye was heard from all Board members to adopt the 2016 Annual Zoning Board of Adjustment Report. Diane Driscoll was recused. The Board went into a closed session with a voice vote of aye heard from all Board members. ZBA Regular Meeting 2-23-17 Page 7  EXECUTIVE SESSION RESOLUTION TO PERMIT EXECUTIVE DISCUSSION OF SUBJECTS IN CLOSED SESSION: Chairperson moved: BE IT RESOLVED, by the Zoning Board of Adjustment of the Borough of Madison, County of Morris, State of New Jersey, as follows: That pursuant to Sections 7 and 8 of the “Open Public Meetings Act”, NJSA 10:4-12 and 4-13, the following subjects are discussed in closed session. Pending Litigation BE IT FURTHER RESOLVED, that those portions of the discussion not subject to attorney-client privilege may be disclosed to the public upon completion. Motion seconded by: RECONVENE WITH (ALL) MEMBERS PRESENT Let the record reflect that the meeting is reconvened with (all) members present 11. ADJOURNMENT: The meeting was adjourned at 11:05 with a motion from Mrs. DeRosa and seconded by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 2-23-17 Page 8