Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, March 9, 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 March 9, 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 member Gary Hall administered the Oath of Office to Mary Sue Salko as a Regular Member for a Four Year Term through December 31, 2020. Ms. Salko accepted the position of a Regular Member of the Zoning Board of Adjustment for a four year term through December 31, 2020 APPOINTMENTS Mary Sue Salko, Regular Member Four Year Term through December 31, 2020 3. ROLL CALL PRESENT: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mrs. Fitzsimmons ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mrs. Lawless 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL –Rescheduled Regular meeting of February 23, 2017 The minutes were distributed to all Board members prior to this meeting for their review. There were several corrections made to this set of minutes. After hearing the corrections, a voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members prior to this meeting for their review. There were no additions or corrections made to the Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 16-040 Resolution granting variance application to Lexplain, LLC, Block: 4902, Lot: 3, 11Dellwood Parkway East to construct the Partial Widening of Existing Circular Driveway with (3) Cobblestone Driveway Aprons, Light Piers at (2) Driveway Aprons, (2) Driveway Trench Drains, Reset/Rebuild Existing Front ZBA Regular Meeting 3-9-17 Page 1 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. CASE NO. Z 17-004 Resolution granting variance application to Robert Halasz, Block: 912, Lot: 5, 35 Valley Road 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. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – 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, Lighting, Signage and proposed fence within five feet of the property line and within the front yard setback. Site plan approval is also requested. Mr. Nino Covellio, attorney for the applicant began by reviewing what took place at the last meeting on February 23, 2017. He continued by citing several documents that were marked. Several issues were discussed. Marjorie Roller, Architect from ASA was present. The following new exhibits were marked. B – 8 Susan Blickstein, Planner, new Memo, dated 3/3/2017 A – 10 Lighting Plan, dated 2/27/17 A – 11 Rendering, building driving south on Main Street, prepared by ASA Architects A – 12 Revised Elevation, technical drawing, prepared by ASA Architects, dated 3/8/17 A – 13 Signage drawing with calculations Marjorie Roller, ASA Architects stated with regards to the curtain wall, the applicant decided to go with traditional casement windows and the curtain wall question goes away. Ms. Roller continued by pointing out where the signage can be located on the building by showing exhibit A – 13. Mr. Hall suggested that the Board review the signage dimensions along with him. Notes indicate on page 2 of the Lighting Plan, the times when the lighting would be extinguished. Mr. Hall then continued to review the changes that were made including the size of the signage. There being no further testimony from the applicant or questions from the Board, the Board began their deliberation. ZBA Regular Meeting 3-9-17 Page 2 There being no further testimony from the applicant or questions from the public, the public was given the opportunity to make comments as follows: Krista McKenna, 3 Station Road, Madison stated the building did need renovation and was very pleased with the project. The offering of parking is appreciated. The consensus of the Board was to approve the application with the revisions as requested by the Board and Borough Planner an Assistant Borough Engineer/Zoning Officer. A motion to approve the application was made by Mrs. Driscoll and seconded by Mrs. DeRosa . A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and Mr. Fitzsimmons, Mrs. DeRosa left her position on the Board for the evening. 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. This application was started at the February 23, 2017 rescheduled meeting of the Zoning Board of Adjustment, and carried without further notice to the April 13, 2017 Zoning Board meeting. 9. NEW BUSINESS – CASE NO. Z 17-005 John & Mary Beth Forte Block: 3001, Lot: 53 7 Academy Road Residents are seeking permission to construct (2) Rear Dormers (Expansion of Existing Dormer) in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. and Mrs. Forte were sworn in and the exhibits were marked. Mr. Forte began by explaining the reason for purchasing this home and the renovations that are needed. B – 1 Letter of Denial from the Borough of Madison Zoning Official Dan Buckelew, dated 1/1917 A – 1 Copy of Survey, 7/24/12, prepared by Benjamin & Wizorek, Surveyors A – 2 Plans prepared by Mr. Jerry Bruno, Architect, dated 1/16/17, 3 sheets A – 3 Colored plan of the home Mr. Jerry Bruno, Architect began by review the history of the home. He stated no work will be performed on the front façade; however, a dormer on the front will be expanded. The only issue that exists is the impervious coverage percentage. He continued by describing the dormer and the ZBA Regular Meeting 3-9-17 Page 3 reason for its construction and pointed out the details that are being included in the design. The roofline will not be changed. The shed dormer roof will be constructed of a rubber-type material. The slate roof over cedar will remain. Mr. Hall questioned the rear paver patio and its use. Mr. Forte stated it will be used for recreational items. There was no further testimony from the architect or the applicant. The meeting was now open to the public for questions or comments as follows: Ray Heinrich, 71 Green Village Road, resides downhill from the property in question. He stated there are no negative aesthetic effect to the neighborhood, and no water runoff. He asked the Board to approve the application. There being no additional comments or questions from the public, 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 Ms. Kaar and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and Mr. Fitzsimmons 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. Frederick Zelley, Attorney, began by explaining what the applicant plans to do with this request. Carolyn Young, Architect, was sworn in and the following exhibits were marked: B – 1 Letter of Denial from Dan Buckelew, Zoning Official Borough of Madison dated 10/28/16 A – 1 Copy of survey, dated 11/2/06 A – 2 Plans prepared by Carolyn Young, Architect, 3 sheets, dated 10/27/6 A – 3 Aerial photo of property surrounding the home A – 4 Elevations, colored Ms. Young began by explaining the reason for the renovations that are being performed. She continued by reviewing the plans of the home (A – 2). The first and second floors of the home. She described the first floor which has a master bedroom, family and wrap-around porch. It also includes a mudroom and garage. The second floor has 2 bedrooms and a holiday room. This floor will be utilized for family and friends. She then began to describe A – 4 (Elevations) this exhibit depicted the details of the home, stone on the exterior, and a one story roofline. She believes architecturally it will add to the visual appeal of the neighborhood. The exterior also has many other details, arch bands, columns, etc. It has a 3 car garage. Total living space is 4,023 sf including the garage. Mr. Santoro had an issue with the impervious coverage. Mrs. Driscoll stated she believes there is no hardship being shown. Mr. Zelley explained the reasoning for the large impervious coverage and building coverage numbers. Ms. Young provided the reduction of impervious coverage by 470 feet if the garage housed 2 cars. The circular drive was questioned. She stated that pavers would reduce the driveway impervious coverage number. She believes the wrap around porch adds to the architectural appeal of the home. ZBA Regular Meeting 3-9-17 Page 4 Mrs. Elias asked if there is any other ways to reduce both percentage overages. Mr. Santoro believes that a different design should be considered with reductions for both variance issues. Mr. Zelley stated the reason for both overages. The Board reiterated that there is no hardship to allow this application. The public was given the opportunity to ask questions or make comments as follows: Michael Bugg, 70 Noe Avenue, had a list of questions, however, he did not agree with the percentage numbers that were given by the architect. Mr. Santoro requested that he return to hear the application at the April 13, 2017 meeting. Anthony D’Auria was sworn in and he began by explaining the reason for his plan. He stated if he was close to the coverage allowed, it would be a compromise. He reviewed all of the changes that could be made; however, he stated it would take away the character of the home’s streetscape. He was asked where the drywells are located and how the drainage is handled on site. He discussed what concessions he would make to construct the home. The applicant was asked to return with a revised plan at the next meeting which is scheduled for April 13, 2017. The Board took a 10 minutes break and returned at 9:33 pm. 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 Replacement of Existing Front Sidewalk and Drywell in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback. B – 1 Letter of Denial from the Borough of Madison Zoning Official, Dan Buckelew, dated 11/22/16 A - 1 Survey copy dated 11/23/15 A – 2 Plans prepared by Yannacone, dated 12/19/16 A – 3 Plans, prepared by Jeff Gertler dated with a received stamp, 1/13/17 Jeff Gertler, Architect was sworn in and began by describing the location of 3 Dellwood Drive. He distributed a handout to each Board member. A – 4 Colored handout Mr. Gertler continued by describing each sheet contained in A – 4. He pointed out that the applicant’s home is much smaller than the other homes in the area. He reviewed each sheet and concentrated on the topography and the roads surrounding Dellwood Drive. The next sheet he discussed was the property subdivision. He stated there was a house that was built on Dellwood and how it was positioned on the site. The hardship lies in the location of the home in the subdivision. During the past years, several additions were constructed to the original home. He continued by describing the existing home. The house is a two story home on the left side. The ceilings differ from one area of the home to another, 7 feet to 5.5 feet, then 9 feet and 8 feet. He explained the use of the rooms in each area. The house has only 3 bedrooms. The next exhibit again showed the ceiling heights and Mr. Gertler pointed out where the additions will be located. The ZBA Regular Meeting 3-9-17 Page 5 second floor will have a small addition and the rooms will be realigned and a stairway will be constructed for easy access. He stated all the water runoff from all the homes in the area goes into the lake. However, Mr. Gertler stated drywells will be installed in the rear of the property. There was no further testimony from the Board, and 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 was made by Ms. Kaar and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and Mr. Fitzsimmons CASE NO. Z 17-006 Jennifer & Daniel Engel Block: 2002, Lot: 13 40 Highland Avenue Applicants are seeking permission to construct a New Roof over Existing Front Stoop, 2 Story Addition, 2nd Story Addition, 2nd Story Addition with 3” Cantilever, Rear Covered Porch (Connecting the Principal Dwelling to the Existing garage) in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback. B – 1 Letter of Denial from the Borough of Madison Zoning Official Dan Buckelew, dated 2/7/17 A – 1 Copy of survey, dated 6/27/16 A – 2 Plans prepared by Albert Altorano, dated1/12/17 Mr. and Mrs. Engel were sworn in he began to describe what they plan to do to the home to improve it. He reviewed all of the variances that are being requested. He stated the house was built before any of the zoning requirements were adopted in the Borough. The back addition will house a master bedroom. A small overhang on the front of the home is planned and the variance exists because the house is located closest to the street than neighboring homes. Mr. Hall stated that the applicant only needed one variance. The applicant finalized his testimony. The Board had no further questions and the public had 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 Mr. Fitzsimmons and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and Mr. Fitzsimmons 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. ZBA Regular Meeting 3-9-17 Page 6 B – 1 Letter of Denial from the Borough of Madison Construction Official, Dan Buckelew, dated 12/6/17 A – 1 Copy of survey, dated 12/29/14, prepared by Stewart Leary A – 2 Copy of same survey, dated 12/29/14, marked 12/1/16 A – 3 Set of Plans prepared by Klesse Architects, dated 12/5/16, 6 sheets Timothy Klesse, Architect and Melissa Donohoe, applicant was sworn in and Mrs. Donohoe began by explaining why they wanted to live in Madison. She stated she has 2 children and the location of the home is convenient to the town in walking distance. She stated they would like to improve the floor plan of the home. Also do some work on the patio and pool. Mr. Klesse began by pointing to an exhibit which showed the front and rear of the home. He indicated that the lot is large and the lot adjoining the applicant’s is also large. He indicated where the side-yard setback issues exist. The lot is larger in the rear and smaller in the front. The problem exists in the rear. A front portico is planned, and additions are planned for the rear. The driveway is very long and the garage cannot be moved. Mr. Klesse pointed out where the drywell will be added to help mitigate the impervious coverage. Minor modifications will be performed to the interior in the dining room, kitchen and family room. The raising of the building by three feet causes the side-yard setback. He continued by describing the rear of the home with the existing pool and patio. The driveway is increasing the impervious coverage on the street. A drywell will be added to help the storm-water management with all leaders leading to the drywells. The patio is 320 sf and puts the impervious coverage over by ¾%. Several Board members stated the patio is quite modest. Mr. Klesse stated that the site is large enough to accommodate both the patio and pool. Mr. Santoro stated he believes that this is a nice application. Mr. Klesse finalized his testimony, and the Board had no further questions or comments. There being none, the public was given the opportunity to ask questions or make comments. There being no public, the Board began their deliberation. A motion to approve the application was made by Mrs. Driscoll and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Fitzsimmons 10. OTHER BUSINESS – There was no Other Business. 11. ADJOURNMENT: The meeting was adjourned at10:34 by a motion made by Ms. Kaar and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 3-9-17 Page 7