Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, August 10, 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 August 10, 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”. 3. ROLL CALL Present: Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, Mr. Fitzsimmons and Mr. Tomlin. Also Present: Gary Hall, Board Attorney, Susan Blickstein, Planning Consultant, Frank Russo, P.E. Excused: Mrs. DeRosa and Mrs. Elias 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There was one correction to the July minutes. 5. MINUTES FOR APPROVAL – Regular meeting of June 8, 2017 and July 13, 2017 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members for their review. There were no additions or corrections to the following Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions as submitted. CASE NO. Z 17-015 Resolution granting variance application to Jill Denison, Block: 4305, Lot: 22, 11 Roscoe Avenue to construct (2) 2 Story Additions, and a Rear Deck while removing and Existing Deck and Existing Shed in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 17-016 Resolution granting variance application to Antonio DiMieri, Block: 4310, Lot: 1, 4 Alma Avenue to keep the As Built/Constructed Concrete Sidewalk in an R-3 (Single- Family Residential) Zone requiring relief from exceeding the Maximum Impervious Lot Coverage previously approved by the Zoning Board of Adjustment by resolution. 7. SCHEDULING AND PROCEDURAL MATTERS – August 31, 2017 was the date that was chosen for an additional meeting to carryover all applications not heard this evening. A voice vote of aye was heard from all eligible voting Board members in favor of the additional meeting. 8. OLD BUSINESS – ZBA Regular Meeting – 8-10-17 Page 1 CASE NO. Z 15-016 34 Walnut Street, LLC Block: 1601, Lot: 41 34 Walnut Street Applicant is seeking permission for Preliminary and Final Site Plan and Use Variance to construct 8 townhouse condominium units in four separate two-family buildings in an R-4 (Single/Two Family Residential) Zone. Re- opened proceedings on revised plans per Superior Court Remand Order. Mrs. Driscoll and Ms. Kaar stepped down for this meeting. Nino Coviello, Attorney announced that a Court Reporter will be present for this meeting. Gary Hall reviewed the application and stated it was heard last year. It was turned down by the Board and the applicant challenged the decision in court over the winter. The applicant’s attorney, Nino Coviello discussed the application with Gary Hall and he suggested the applicant return with a revised application. It is now reopened and continued and whatever was presented last year is part of the record. Revised plans have been filed and the changes will be presented to the Board. Sue Wickman, 33 Walnut Street, came forward referring to Melissa Elias and a statement she made at the prior meeting. Ms. Wickman believes she should be recused from the meeting. Mr. Hall and Mr. Santoro stated that statement will not be addressed. Larry Wickman, 33 Walnut Street, questioned the allegations that were made at the last meeting. Neighbors are being supoened. Mr. Santoro asked Mr. Wickman to be seated. Mr. Coviello added that he and Mr. Hall discussed a 1936 deed a few days prior. He believes the Facebook statements are misinformation. He thanked Mr. Hall and restated what the applicant is seeking. A – 30 will be the first exhibit marked. A – 23 through A – 29 will be left unmarked. A – 30 Plans prepared by Andrew Clarke, Engineer, dated 7/19/17, A – 31 Nancy Dougherty Architectural Plans, dated 7/19/17 A – 32 A – 2 Alt B – 10 Gary Hall’s Memo dated 8/1/17 B – 11 Frank Russo’s Memo, dated 8/7/17 B – 12 Memo from Susan Blickstein, Planning Consultant dated 8/4/17 Nancy Dougherty, Architect was sworn in and was qualified as a licensed architect in the State of New Jersey. She began by explaining the changes that were made to the project and other modifications. Four buildings with two units each are planned. The interior dwelling dimensions were not changed, 15 x 9 x 37, 3 stories on the lower level. First floor layout consists of a living room, kitchen, heating area, powder room, 2nd floor 2 bedrooms and a bath. A front door is planned for each unit and visitor parking is located between the townhouse units. The original units were narrower. Exhibit A –2 depicts the differences between them; A and C have a sloped roof, B and D has the pergola. Susan Blickstein suggested a peaked roof and Ms. Dougherty explained why she does not agree. She reviewed the materials that will be used on different areas of the buildings. The lighting that is planned will be located between the garage and residents doors. Mr. Russo questioned A – 2 and the front door, should it be centered. Mr. Coviello reviewed Susan Blickstein’s memo and Ms. Dougherty answered the questions which she posed on the memo. There being no further questions from the Board, the public was given the opportunity to ask questions. ZBA Regular Meeting – 8-10-17 Page 2 Deborah Hess, 31 Ridgdale Avenue, was concerned with the trees that will remain on the site Mike Loughan, 45 Ridgedale Avenue, asked if there be additional parking on the site. Paul Baumgarten, 31 Walnut St., questioned the location of the buildings and where the parking will be located. Chris Kellogg, 3 Walnut Street, stated he designed townhouses, did Ms. Dougherty design townhouses similar to the ones in question. Questioned the repositioning and the additional costs. Asked if the HPC will review, will they give their comments. Jennifer O’Shay, 14 Cedar Street, questioned the number of bedrooms. The answer was 2 bedrooms, and 1 ½ baths. Sue Wickman, 33 Walnut Street, questioned whether any of the units are handicapped accessible. Larry Wickman, 33 Walnut Street, asked how many windows are planned for the rear of the units. 4 windows per building will face the Ridgedale Avenue neighbors. Questioned the height and how it looks as compared to the homes on Ridgedale Avenue. Denis Castanon, questioned the population of individuals that will be housed in the units. Andrew Clarke, Engineer, was sworn in and Mr. Coviello asked if he prepared the plans. Mr. Clarke walked through each sheet. He began with the Title Page and stated the Site Data was updated according to the changes made. The Existing Conditions remain as they were. The Site Plan shows the basic layout of the property and the proposal: 4 buildings, the driveway, etc. Space is allotted between the buildings where the visitor parking will be located. The new layout addresses the concerns of the Board. There will be entry ways between each building with the sidewalk having better access to the units on foot. A few stairs are also located between the units. Mr. Clarke reviewed the materials that will be utilized. Mr. Romano was present and explained how the design and materials used will be presented. Mr. Coviello asked when the garbage will be picked up. He stated after 9 am and they will not be able to do so before that time. Mr. Santoro had a few suggestions regarding the trash and dumpsters and Mr. Romano answered all of his questions. Snow removal was also addressed. Several questions were asked of Mr. Romano regarding the parking, snow removal, etc. Mr. Russo asked if the parking count complies with the standards. Mr. Clarke replied with what is proposed. He continued describing where the air conditioning units are located. On the southerly side of the boundary a board on board fence was added and it is located in the rear in conformance with the Borough restrictions in height and size. The walkway location can now contain some landscaping and the applicant will make a decision as to what will be planted There will be low bollard lights on the Ridgedale side with shielding. The bike racks will be located between the B and C units to accommodate. The same light fixtures are proposed with a shutoff of 10 pm. The Drainage and Utility Plan explains how the water is directed and where the drywells are located. It also shows the inlet out to the street. The Grading is almost flat and it rises at the entrances to the buildings. The Landscaping Plan stays the same as the original one proposed last year. The configuration is the same with the same plantings which consist of mature evergreen and large trees in the rear which will stay. Screening around the AC units will be added. The lot in the rear will be cleaned and the area will be rehabilitated. New native natural plantings will be introduced into that area and kept in a natural state. The Condo Association will not be able to change the rear area. Board members had several questions for Mr. Clarke. Mr. Coviello along with Mr. Clarke, reviewed Mr. Russo’s memo one item at a time. Mr. Santoro asked Mr. Coviello to put together a list of conditions for the next meeting. Mr. Coviello asked if the drawings should be revised prior to the next meeting in September. The application will be carried to the next meeting scheduled for September 14, 2017. The public was now given the opportunity to question the applicant as follows: ZBA Regular Meeting – 8-10-17 Page 3 Pippa Almond, 85 Ridgedale Avenue, questioned the parking for the residents specifically overflow parking, what is the plan? David Stekette, Ridgedale Avenue, stating that maintenance will be necessary for the brick pavers. He asked if 8 external spots apply for the required development? Deborah Hess, Ridgedale Avenue, questioned the preservation of the trees and the proposed natural design. The Board took a break at 9:41 and returned at 9:46. Mrs. Driscoll and Ms. Kaar returned to their positions on the Board. 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. At the request of the applicant this application is being withdrawn without prejudice. 9. NEW BUSINESS – CASE NO. Z 17-017 Mike & Jessica DiPaolo Block: 4308, Lot: 13 31 Alma Avenue Applicants are seeking permission to install a 6’ High Solid Fence in an R-3 (Single- Family Residential) Zone requiring relief from exceeding the Fence Height of 4’ Open. B – 1 Letter of Denial dated 6/14/17 from the Borough of Madison Zoning Officer Dan Buckelew. A – 1 Marked Copy of Survey, dated 3/30/15 showing fence location Mike and Jessica DiPaolo were sworn in and Mr. DiPaolo explained that privacy is needed for the children. Also a safety factor exists for the children and the dog on the property. He is looking for a 6 foot fence on the property line. Mr. Hall explained the fence ordinance and how it reads for a corner lot. He stated the drawing that is marked shows where the fence starts. The 6 foot solid has to start in a different location than what is indicated on A – 1. Mr. Santoro explained to the applicants how the fence can be constructed and that landscaping has to be added. Mr. DiPaolo explained where the fence will be constructed keeping in mind the trees and shrubbery in the rear. The applicant will return on September 14, 2017. CASE NO. Z 17-021 Robert Fenstermacher & Anne Jacobson Block: 4103, Lot: 14 116 Garfield Avenue Applicants are seeking permission to Complete Removal and the Reconstruction of Existing 1 Story Rear Addition in an R1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. At the request of the applicant this application will be carried to the September 14, 2017 Zoning Board of Adjustment meeting without further notice. ZBA Regular Meeting – 8-10-17 Page 4 CASE NO. Z 17-022 Scott Mingay Block: 805, Lot: 4 11 West End Avenue Applicant is seeking permission to construct a Brick Paver Patio in Sand in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. B–1 Letter of Denial from the Borough of Madison Zoning Official Dan Buckelew dated 7/18/17 A–1 Copy of Survey, dated 6/15/16 A–2 Marked up copy of survey showing the patio A–3 Sketch Drawing of the Patio Dimensions Scott Mingay and Jessica Turlick Vincentz were sworn in and Mr. Mingay explained that they would like more outdoor living space. A deck was considered, however, it would need maintenance. They decided on brick pavers. The two car garage in the rear takes up a lot of the impervious coverage. The impervious coverage is presently 31.7% and will be increased to 34.9%. The patio planned is 12 feet x 26 wide with a notch. Mrs. Driscoll asked if they understand the maintenance that is required for the brick paver patio? Mr. Mingay answered they do understand. Mr. Tomlin asked if there is any means of mitigation for the water on the property. Mr. Mingay stated there is an existing drain on the property onto West End. There being no further testimony, 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 proposed. A motion to approve the application was made by Ms. Kaar and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYE: Mr. Santoro, Mrs. Driscoll, Dr. Paetzell, Ms. Kaar, Ms. Salko, Mr. Fitzsimmons and Mr. Tomlin CASE NO. Z 17-023 Carmine Prudente Block: 501, Lot: 5 90 North Street Applicant is seeking permission to construct a Raised 2nd Story Rear Addition 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 Dan Buckelew dated 7/11/17 A – 1 Sketches drawn by Mr. Prudente A – 2 Survey Map of Property dated 6/28/17 Carmine Prudente and Kathryn Martin were sworn in and Mr. Prudente explained that a small 13 x 16 bedroom is needed. He continued that the grade slopes and the addition has to built on piers. The house will be 1,286 sf and the lot is undersized. The washer and dryer had to be relocated to the first floor for a handicapped woman. The family is growing with the children relocating to Madison and the applicant is preparing for the growth. It was agreed that a piece of concrete in the rear can be removed to reduce the impervious coverage along with the shed. The rear entrance is steeper and the front is basically used for entry. There being no further testimony, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the conditions to remove the shed and patio. .A motion to approve the application was made by Mrs. Driscoll and seconded by Mr. Tomlin. A roll call vote was requested and recorded as follows: ZBA Regular Meeting – 8-10-17 Page 5 AYE: Mr. Santoro, Mrs. Driscoll, Dr. Paetzell, Ms. Kaar, Ms. Salko, Mr. Fitzsimmons and Mr. Tomlin CASE NO. Z 17-014 Maribel Abbate Block: 4201, Lot: 4.01 25 Crescent Road Applicant is seeking permission to allow the already constructed Patio Coverage Extension to remain in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Due to insufficient noticing this application will be carried to the next available Zoning Board agenda. Date to be determined. CASE NO. Z 17-018 Martin Supple Block: 2001, Lot: 5 25 Alexander Avenue Applicant is seeking permission to construct a Detached Garage, and an Expansion of Existing Driveway in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Accessory Structure Setback Side Lot Line and Rear Lot Line and Maximum Impervious Lot Coverage. Due to insufficient noticing this application will be carried to the next available Zoning Board agenda. Date to be determined. CASE NO. Z 17-019 Kevin & Rachel Cushing Block: 1102, Lot: 14 37 Anthony Drive Applicants are seeking permission to construct a Cantilevered 2nd Story Addition, 2 ½ Story Attached Garage with Living Space on 2nd Story, and the Removal of an Existing Carport in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Minimum Side Yard Setback (Left) and Maximum Principal Building Coverage. Due to insufficient noticing this application will be carried to the next available Zoning Board agenda. Date to be determined. CASE NO. Z 17-020 Paul & Claudine Giglio Block: 4802, Lot: 19 14 Winding Way Applicants are seeking permission to construct a 2nd Story Addition, Front Portico and Enclosed “Staircase” Addition, (2) Rear 1 Story Additions, Rear Exterior Stairs, Front and Rear Sidewalks as well as the Partial and Complete Removal of (3) Existing Patio Areas Front and Back in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Maximum Building Coverage and Maximum Impervious Lot Coverage. Due to insufficient noticing this application will be carried to the next available Zoning Board agenda. Date to be determined. 10. OTHER BUSINESS – No Other Business 11. ADJOURNMENT – The meeting was adjourned at 10:45 pm with motions made by Mrs. Driscoll and seconded by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 8-10-17 Page 6