Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, May 11, 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 May 11, 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 by Gary Hall, Attorney. APPOINTMENTS – Christopher Tomlin , Class IV, Alternate # 2 Two Year Unexpired Term through December 31, 2018 Christopher Tomlin was administered the Oath of Office and he accepted. 3. ROLL CALL PRESENT: Mrs. DeRosa, Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. Fitzsimmons and Chris Tomlin ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Melissa Elias, Mary Sue Salko 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Regular meeting of March 9, 2017 The minutes were distributed to all Board members prior to this meeting for their review. There was one correction to be made. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. There was one minor correction made to the Group ASA resolution. ZBA Regular Meeting – 5-11-17 Page 1 CASE NO. Z 16-038 Resolution granting variance application to Group ASA at 230 Main Street, LLC, Block: 2205, Lot: 11, 230 Main Street 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. CASE NO. Z 17-002 Resolution granting variance application to Bryan & Melissa Donohoe, Block: 4202, Lot:17, 11 Wyndehurst Drive 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. CASE NO. Z 17-003 Resolution granting variance application to Thomas Haralampoudis, Block: 4903, Lot: 3 3 Dellwood Drive 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. CASE NO. Z 17-005 Resolution granting variance application to John & Mary Beth Forte, Block: 3001, Lot: 53, 7 Academy Road to construct (2) Rear Dormers (Expansion of Existing Dormer) in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z 17-006 Resolution granting variance application to Jennifer & Daniel Engel, Block: 2002, Lot: 13 40 Highland Avenue 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. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – ZBA Regular Meeting – 5-11-17 Page 2 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. At the request of the applicant this application has been withdrawn. 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 and Carolyn Young, Architect were present and the following exhibit was marked: A – 5 Revised Plan prepared by Carolyn Young dated 4/10/17 Ms. Young began by reviewing the revised Plan and stated the impervious coverage was adjusted. The Zoning Chart show bubbles which indicate the changes that were made. The Building Design was changed and increased to construct an elevator. They are within 1 percent of the required impervious coverage. Ms. Young now reviewed the floor plan and reviewed the changes that were made. The building coverage percentage went from 15.8% to 16.6%. The largest change made was to reduce the impervious coverage. It was first proposed at 32.6% and was reduced down to 25.7% by eliminating the circular drive and constructing the proposed driveway with pavers. The piers were removed along with the reduction of some of the walkways. The surrounding homes are large and in the rear a smaller home exists. She believes the streetscape is a transitional type. The house was moved forward which in doing so reduces the impervious coverage. The proposed home is new construction and the Board believes that the applicant should move to have the application comply. The 3 car garage was the issue, being it is an attached garage and the discussion amongst the Board members was divided. Mr. D’Auria was asked to testify and he stated the design is appropriate and most of the rooms are standard size considering the lot size is a hardship. ZBA Regular Meeting – 5-11-17 Page 3 The testimony by the applicant was complete and the Board had no further questions. The public was given the opportunity to either ask questions or make comments as follows: Michael Bugg, 70 Noe Avenue, was sworn in and began by stating the home is a large structure and he was concentrating on the drainage. He asked if the applicant performed any soil tests. Mr. D’Auria and Mr. Bugg both have an issue with the drainage. Mr. Santoro stated the home will need drywells. Mr. Bugg asked what measures are being considered for drainage. Ms. Young stated the driveway has curbing on both sides and it is being naturally pitched towards the front and back of the home. Mr. Bugg stated the elevation will be changed on the applicant’s property and presently water on the property is flowing into his property. Mr. Bugg is requesting that the Borough Engineer do a storm water study on this property. There being no further comments from the public, the Board began their deliberation. Mr. Santoro suggested that the applicant can return or it can be voted on tonight. The applicant requested a vote. The application will be voted on with a motion to approve with a trench drain and an approved drainage system approved by the Borough Engineer. A motion was made by Ms. Kaar and seconded by Ms. Driscoll. A roll call vote was requested and recorded as follows Ayes: Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, and Mr. Santoro Nay: Mr. Fitzsimmons 9. NEW BUSINESS CASE NO. Z. 12-014 Sanjai & Renu Narain Block: 3001, Lot: 49 4 Carteret Court Applicant is seeking One Year Extension of Approval for Variances Approval granted by Resolution which was adopted on July 12, 2012 to authorize construction of a 1 Story Rear Addition in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. One- Year extension previously granted by oral resolution on June 9, 2016, Applicant now requests a further one year extension. Mr. Hall stated the Board has not had any of this type of request in front of them. The Board generally issues an extension. Mr. Narain began by explaining why he needed extra time. All Board members were asked to approve and a voice vote of aye was heard from all eligible voting members. CASE NO. Z 17-007 David Jochim Block: 909, Lot: 9 59 Knollwood Avenue ZBA Regular Meeting – 5-11-17 Page 4 Applicant is seeking permission to construct a 1 Story Addition, 2nd Story Addition with Cantilever, and Uncovered Deck; and Removal of Existing Paved Patio and Deck in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Zoning Official, Daniel Buckelew, dated 2-22-17 A – 1 Copy of survey, dated 5-10-13 A – 2 Architecturals prepared by Arthur Henn, dated 2-14-17 Mr. Jochim began by describing the additions and why the family needs the space. A patio and deck is also included. He continued by depicting the location of the additions and what rooms would be included in those additions. He stated that on the right side of the house, the existing patio will be removed and a small wood deck will be constructed with stairs coming down the side of the house. Gary Hall stated that a setback variance is required because a replacement deck is being proposed. The cantilevered area is being included in the numbers indicated on the plans. 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 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, Ms. Kaar, Dr. Paetzell, Mr. Santoro, Mr. Fitzsimmons and Mr. Tomlin. CASE NO. Z 17-008 Carl Koch Block: 4305, Lot: 3 66 Lathrop Avenue Applicant is seeking permission to construct a 2 Story Addition with Attached Deck, Detached Garage, Expansion of Existing Paved Driveway, Ribbon Brick Paver Driveway, 5’ High Open Fence and Drywell in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and Minimum Driveway/Property Line Setback. Mr. Carl Koch was sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Official Daniel Buckelew, dated 2-22-17 A – 1 Copy of Survey dated 9-18-15 A – 2 One Sheet Garage Plan A – 3 Two sheets of the Floor Plan drawn by Mr. Koch A – 4 Colored marked up Site Plan ZBA Regular Meeting – 5-11-17 Page 5 A – 5 Set of 6 add’l drawings prepared by Mr. Koch, dated 3-31-17 Mr. Koch began by describing his application stating the addition is a 2 story including a living room, 1st floor bath, 2nd floor bedroom and master bath. An attached garage is being proposed. He stated the lot size is very small which causes a hardship. The garage is an issue, with Ms. Kaar asking if the garage can be constructed closer to the home. Mr. Santoro stated most of the variance is based upon the garage by half and half by living space. The Board agreed that there is definitely a hardship. There is not much of an alternative. Mr. Santoro stated he is inclined to approve the application. All of the addition and home’s runoff will be directed into the drywell. There being no further testimony, the public was given the opportunity to either make comments or questions as follows: Mr. Zheng Zhang, 68 Lathrop Dr., Madison questioned whether there will also be a shed with the garage. Mr. Koch stated only the garage is planned. Mr. Zhang is concerned with the impervious coverage, minimum setback and stated he does not have a garage and was concerned with water backing up on his property. There being no further questions or comments, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the drywell captures all of the water. A motion to approve the application was made by Ms. Kaar and seconded by Ms. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Mr. Santoro, Mr. Fitzsimmons and Mr. Tomlin. CASE NO. Z17-009 Daniel & Yevgeniya Devine Block: 503, Lot: 3 16 Buckingham Drive Applicants are seeking permission to construct a Front/Wrap Around Open Porch, 2nd Story Addition, Rear 2 Story Addition with Portion of 2nd Story being Cantilevered with Exterior Access, Steps with Concrete Paver Landing, Rear and Side Uncovered deck with Steps and Concrete Paver Landing, Side Yard Stepping Stone Sidewalk, (1) Air Conditioning Unit, Solar Box, Drywell, Relocation of Existing Shed to Compliant 5’ Setback in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. and Mrs. Devine were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Official Daniel Buckelew, dated 3-30-17 A – 1 Survey, DMC Associates, dated 9-11-08 ZBA Regular Meeting – 5-11-17 Page 6 A – 2 Archecturial Plans prepared by Jos. M. Highland, dated 3-28-14, and revised 3- 23-17 Mr. Devine began by describing the family’s need for the addition. The driveway will be removed and reinstalled with pavers replacing the asphalt. A drywell system will be installed to catch all the runoff from the entire home. A wrap-around porch is proposed for the front of the home. The lot is undersized by 10% which creates a hardship. Mr. Hall questioned the diagonal lines on the plans located in the front of the home. Mrs. Devine stated it is a bump out. That is a new addition to the home. The first floor will be expanded in the kitchen area and the screened porch is entirely new. The figure of 2,805 is the new building setback. A solar box which is depicted on the plan is a battery. The applicant stated that many of the older homes are being demolished and larger homes are being constructed. The second floor plan will house 2 bedrooms with a bath, and 2 bedrooms will be located on the first floor. The attic is all new and unfinished. There being no further questions or comments, the Board began their deliberation. 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 with the condition that all roof leaders go directly into the drywell. A motion to approve the application was made by Mr. Tomlin and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Mr. Santoro, Mr. Fitzsimmons and Mr. Tomlin. CASE NO. Z 17-010 Glenbrook Properties Block: 3401, Lot 9 15 Woodcliff Drive Applicant is seeking permission to construct a 2nd Story Addition, (2) 2 Story Additions, front Portico with Stairs and Sidewalk, Rear Deck, New Driveway, Installation of Drop Curb and Full Height Curb, (2) Air Conditioning Units, and Drywell Applicant will also remove Detached Garage, Gravel Driveway, Deck, Basement Entrance, front Sidewalk and Entrance Platform in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Left) and Maximum Principal Building Coverage. B – 1 Letter of Denial from the Borough of Madison Zoning Official, Daniel Buckelew, dated 3-3-17 A – 1 Series of photos A – 2 Survey, prepared by Gary Worley, dated 1-10-17 A – 3 Cover Sheet prepared by Gary Worley, Proposed Improvements, etc ZBA Regular Meeting – 5-11-17 Page 7 A – 4 Architectural Plans prepared by Lewandowski, dated 3-30-17 rev. A – 5 Existing Floor Plan from the Home A – 6 Colored Photos of neighboring homes Gary Haydu, Attorney, Chatham, NJ was present representing the applicant. Gary Worley was sworn in and began by stating there is an existing home on the property which will be left as is and added onto. An addition will be constructed to the rear of the home. This will allow it to be a more user friendly home. The lot is undersized, measuring 146 feet in depth. The neighboring homes were also subject to renovation or new construction. The home will have 5 bedrooms, ½ bath on first floor. The house sits with a very long driveway on the side leading to a dilapidated garage. It will be removed and replaced with a one car garage. The driveway will also be reduced. The lot widths on the street are much larger than the home being renovated which is 60 feet. The façade of the home will give it a more Colonial Craftsman Style look. Stone and Hardi-plank will be the materials used on the exterior. Drywell systems will be constructed on the site. Mr. Tomlin asked how the proposed construction in the rear will impact the neighbor. A 16x10 foot deck is proposed in the rear and will have a diminimus affect on the neighboring homes. Mrs. DeRosa asked how many cars will there be at this location. Mr. Worley stated 2 cars. The Board members believe this is a new home construction. Mr. Santoro asked if the public had any questions as follows: Steve Casella, 17 Woodcliff Drive, Madison believes it’s a huge house on a small lot. He is concerned with the size which is increased by 66%. Side yard setback is non- conforming and existing. He gave additional testimony. He also has an issue with the height; the house is on a sloping grade. He had several other issues with the entire project. The area has very heavy clay soil. The applicant was asked to return at the next regular meeting on June 8th, with revised plans. CASE NO. Z 17-011 Susan & Cornelius Oldendorp Block: 4001, Lot: 9 37 Pomeroy Road Applicants are seeking permission to construct a “Wet Laid” Blue Stone Rear patio, Removal of Existing Front Slate Walk, Construction of Front Bluestone Walk with Stairs, and Drywell Installation in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. Nino Coviello and Mr. John Ferrante, PE were sworn in and the following exhibits were marked. Mr. Ferrante gave his qualifications and was accepted by the Board as a qualified witness. ZBA Regular Meeting – 5-11-17 Page 8 B – 1 Letter of Denial from the Borough of Madison Zoning Official, Daniel Buckelew, dated 3-28-17 A – 1 Variance and Lot Grading Plan dated 3-28-17 prepared by John Ferrante, PE A – 2 Survey dated 3-2-17, prepared by John Ritt. Mr. Coviello began by requesting Mr. Ferrante to review the Lot Grading Plan. The existing home will stay as is. A 424 sf patio is proposed in the rear. The existing walk to the front of the home will be removed and replaced by bluestone. The property has steep slopes on the side and rear. The rear yard has not been useable and will be useable with this plan. A seepage pit will be installed and will be a form of water control. The property size is 15, 500 sf and the patio will fit nicely. The Board requested that the applicant increase the size of the seepage pit. He reminded the Board the applicant has to deal with the steep slopes that exist. Ms. Driscoll asked if the applicant considered a conforming deck. Mr. Ferrante stated that the bluestone would be in keeping with the architecture of the area. There being no further questions or comments, the Board began their deliberation. 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 with the condition that all rear roof leaders go directly into the drywell. A motion to approve the application was made by Mr. Tomlin and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Ms. Kaar, Dr. Paetzell, Mrs. Santoro, Mr. Fitzsimmons, and Mr. Tomlin NAY: Mrs. Driscoll 10. OTHER BUSINESS: There was no Other Business. At this point in time, the Board went into Closed Session and Mrs. Driscoll excused herself. 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 11. ADJOURNMENT: The Board returned from the Closed Session and the meeting was adjourned at 11:37 with a motion made by Ms. Kaar and seconded by Mr. Fitzsimmons. ZBA Regular Meeting – 5-11-17 Page 9 ZBA Regular Meeting – 5-11-17 Page 10