Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, August 31, 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 special meeting of the Borough of Madison Zoning Board of Adjustment was held on August 31, 2017 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 regular meeting of the Board, held on August 10, 2017, the Board, by resolution adopted a special meeting for August 31, 2017. It 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, Roger Paetzell, Melissa Elias,Timothy Fitzsimmons, Helen Kaar, Chris Tomlin and Diane Driscoll ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mary Sue Salko and Toni DeRosa 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Regular meeting of August 10, 2017 The Minutes of the Regular Meeting of 8/10/17 were distributed to all Board members prior to this meeting for their review. There were a few corrections to be made. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. There were corrections made to either of the Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 17-022 Resolution granting variance application to Scott Mingay, Block: 805, Lot: 4, 11 West End Avenue to construct a Brick Paver Patio in Sand in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Aye: All Board memberss CASE NO. Z 17-023 Resolution granting variance application to Carmine Prudente, Block: 501, Lot: 5, 90 North Street 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. Aye: All Board members ZBA Minutes Special Mtg. 8-31-17 Page 1 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – 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. This application was started but not concluded at the August 10, 2017 meeting and will be carried to the September 14, 2017 meeting of the Zoning Board of Adjustment. 9. NEW BUSINESS – 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. Maribel Abbate, Mark Abbate, and Michael Pinto and Michael McMullen, contractors were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Dan Buckelew dated 1-18-17 A – 1 Plans prepared by Harbor Consultants, dated 11-13-15 rev. 7-20-15 A – 2 Plan prepared by Harbor Consultants, dated 11-13-15 A – 3 Architectural Plans prepared by Jordan Rosenberg Arch, A01 and A02, dated 7-11-16 Gary Hall reviewed the exhibits that were marked and asked the applicant if the project was already built. The applicant answered yes. Gary Hall asked the applicant why it was already built and then wanted them to explain why they needed the variance. Mrs. Abbate explained the contractors made a mistake and the applicant spoke to Dan Buckelew. Mr. Buckelew told the applicant to apply for a variance. Michael Pinto, contractor, began and stated the entire project was built when he arrived at the site. A skeleton crew was present to do the framing. Gary Hall asked why the framers began without a variance. Mr. Pinto spoke to Mr. Buckelew and he advised that the applicant seek a variance. Mr. Pinto reviewed the construction process and stated that all the roof water is led to drains in the rear area. Mr. Santoro made his comments and explained what took place at a prior neighboring application on Crescent Road. One of the concerns raised by the Planner, was the tear downs of historic homes being replaced by massive homes. He believes that this application is not acceptable to the Board under the Municipal Land Use Law. Only a valid hardship and benefits outweighing the ZBA Minutes Special Mtg. 8-31-17 Page 2 detriments to the community would allow the Board to grant relief. Other tests are also applied before a variance can be granted. Gary Hall explained what the applicant can do to improve the situation. Gary Hall gave alternatives that the applicant could testify to which will remediate the increase in building coverage. The Board suggested to reduce the impervious coverage to remediate the increase. The Board decided that a Conservation Easement could be part of the remediation and a benefit to the community and the driveway be constructed of pavers. The Board agreed that the applicant return with an “as built survey” numbers, and a revised proposal with additional storm-water management measures. The applicant will return on October 12, 2017 at the ZBA Regular meeting. 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. Martin Supple, Janet Seigal, Seigal Architects of Chatham were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Dan Buckelew, dated 6-26-17 A – 1 Copy of survey dated 2-13-17 prepared by Benjamin Wizorek A – 2 Two sheet of Plans prepared by Seigal Architects, dated 6-19-17 Mr. Supple began by explaining the original owner had renovated the home. He is looking for a 14x24 garage to match the home, detached for one car and storage of various tools. Janet Seigal began by stating she spoke with Dan Buckelew and described what the applicants are requesting. One decision that was agreed upon was the side lot line. The applicant did not want to take any space in the rear. The proposed depth of the garage is 24 feet. A discussion took place as to why the garage location was decided upon. The driveway will stay as it presently exists. A – 3 Prospective Sketch dated 8-29-17 A – 4 Two views of the garage A – 5 Front view of the property and rear view of the garage The Board had no further questions, the public was given the opportunity to either ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to be in favor of the application. A motion to approve the application as submitted was made by Mrs. Driscoll and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Joseph Santoro, Roger Paetzell, Melissa Elias, Timothy Fitzsimmons, Helen Kaar, Chris Tomlin and Diane Driscoll CASE NO. Z 17-019 Kevin & Rachel Cushing Block: 1102, Lot: 14 37 Anthony Drive ZBA Minutes Special Mtg. 8-31-17 Page 3 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. Kevin and Rachel Cushing were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Dan Buckelew dated 7-14-17 A – 1 Boundary Survey dated 7-11-17 A – 2 Plot Plan showing addition A – 3 Architectural Plans prepared by Polman Architects dated 7-12-17 Ms. Cushing began by stating when the house was purchased. Since then the family has grown and the Cushings have two children. The house is very small and is located on an irregular shaped lot. She believes the addition is very modest. All the neighbors have been informed and were happy with the proposed plan. A carport presently exists. The rear yard has some water even though a drywell exists. The soil is clay and hard to drain. Presently there is a pipe leading to the drywell. Ms. Cushing stated that the proposed project will not increase any additional water to the rear. The second floor is where the master bedroom is located. Five bedrooms are planned. Presently there are only two bedrooms and the Cushings want all bedrooms on the same floor. The hardship is the undersized lot and the irregular shape with the width in the front. The Board suggested the applicant confer with the Borough Engineer as to what he would suggest for this application besides the existence of the drywell. Carmen Massaro, Contractor stated the best solution is to get the water away from the house by running the water to the front of the house. The Board again suggested contacting the Borough Engineer. There being no further questions by the Board and none from the public, the Board began their deliberation. The consensus of the Board was to be in favor of the application with the condition that the applicant confer with the Borough Engineer regarding the water and if he agrees to a particular drainage system. A motion to approve the application as submitted was made by Ms. Kaar and seconded by Mr. Tomlin. A roll call vote was requested and recorded as follows: AYES: Joseph Santoro, Roger Paetzell, Melissa Elias, Timothy Fitzsimmons, Helen Kaar, Chris Tomlin and Diane Driscoll 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. At the request of the applicant this applicant will be carried to the September 14, 2017 agenda of the Zoning Board of Adjustment. ZBA Minutes Special Mtg. 8-31-17 Page 4 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. This application was started but not concluded at the August 10, 2017 meeting of the Zoning Board of Adjustment. The applicant has withdrawn the application before the Board 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 August 10, 2017 meeting the applicant asked to be carried to the September 14, 2017 without further notice. 10. OTHER BUSINESS - 11. ADJOURNMENT – The meeting was adjourned at 9:40 pm with a motion made by Mrs. Driscoll and seconded by Ms. Kaar. A voice vote of aye was heard from all Board members in approval of the motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Minutes Special Mtg. 8-31-17 Page 5