Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, September 14, 2017 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, NJ 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 September 14, 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: Joseph Santoro, Toni DeRosa, Helen Kaar, Melissa Elias, Chris Tomlin, Roger Paetzell, Diane Driscoll and Timothy Fitzsimmons Also Present: Gary Hall, Board Attorney, Frank Russo, Professional Engineer and Susan Blickstein, PP Planning Consultant Excused: Mary Sue Salko 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Special meeting of August 31, 2017 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no corrections made to both these Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 17-018 Resolution granting variance application Martin Supple, Block: 2001, Lot: 5, 25 Alexander Avenue 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. CASE NO. Z 17-019 Resolution granting variance application Kevin & Rachel Cushing, Block: 1102, Lot: 14, 37 Anthony Drive 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. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – ZBA Regular Meeting 9-14-17 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. Diane Driscoll and Helen Kaar stepped down from the Board. Gary Hall announced that two alternates have read the transcripts of 2016, Mrs. DeRosa and Mrs. Elias, to be able to hear the testimony for this application. Mr. Coviello opened the meeting and made a few announcements ie: Social media blogs,and asked that all people present please disregard these comments made with reference to this application. Nancy Dougherty, Architect was first to testify. Mr. Coviello reviewed the comments made by Susan Blickstein and Ms. Dougherty agreed with all comments. She continued with other comments and suggestions made by the Board. The following exhibit was marked. A – 33 Diagramatic Site Plan, Aerial View and Site Section A-5 The applicant is proposing the separation of the two buildings to four buildings. Exhibit A-31 will show the front door being shifted. The Board had no further questions for Ms. Dougherty. Tthe public was given the opportunity to ask questions as follows: Jennifer Baumgartner, 31 Walnut Street, she questioned the square footage of the living space, answer: under 1200 sf of living space. Larry Wickman, 33 Walnut Street, questioned the variance for a 3rd story, answer: ½ story, He asked if the proposed building was taller than the civic center? Gary Hall answered. The next witness to testify was Andrew Clarke, Engineer, he had some cleanup issues to address. The fence will be eliminated and no variance is required and landscaping will be added instead. Mr. Clarke discussed an open fence could be constructed if the Board desires. Ms. Blickstein and Mr. Clarke discussed whether a fence or landscaping would be considered. She had no strong planning opinion one way or the other. Either one has to be maintained. Mr. Coviello stated the applicant would work with the Town Engineer as to what is decided. Richard Romano would do either. Mr. Coviello stated they would go with the landscaping. Bike parking stalls are not included on the submitted plans, Mr. Clarke stated that they will go with the lollipop bike rack between the two buildings. Mr. Clarke stated that the air conditioner unit in front of Building A will be screened with plantings. It can be placed on the northerly side of Building A, he is not sure it is preferable. Ms. Blickstein preferred it be placed on the side and Mr. Clarke agreed. The Bollard lighting along the proposed walkway was discussed. The applicant will place low Bollard lighting for security on the sidewalk without spillage or glare on the Ridgedale side. The LED fixtures have dimmer functions and the light can be brought down in the evening. The Board prefers low level lighting that are dimmable. The garbage area was discussed and Mr. Clarke is proposing a masonry wall on three sides, with a metal gate and some lighting mounted on the inside of the wall. The front setback will not change and 100 feet will ZBA Regular Meeting 9-14-17 Page 2 be allowed in the rear, maintaining its natural state. The Board was given the opportunity to question Mr. Clarke at this point in time. Parking was discussed as per Mrs. DeRosa’s question. There being no other questions from the Board, the public was given the opportunity to question Mr. Clarke as follows: Jill Rhodes, 78 Ridgedale, question regarding the parking, will there be something in the tenant’s lease to not use the garages for storage? Mr. Coviello stated all cars will be parked in their garages, no storage allowed. Marian Sullivan, Ridgedale and Walnut St., she complained about parking on Ridgedale Avenue because parking is not allowed, she is concerned whether people can park on Walnut. Mr. Santoro stated it is mandatory for their cars to be garaged. Dan Skinner, 17 Walnut Street, questioned where the actual line of the last unit will be located. Mr. Clarke showed Mr. Skinner the line of demarcation. Mr. Santoro explained what is actually planned and the changes that were made. Ben Baumgartner, Walnut Street, was curious as to the parking that was allowed, answer: standard is being adhered to. Chris Kellogg, 3 Walnut Street, questioned the 3 maneuver entry, 24 feet, which is standard, states that the footage is tight and he believes 30 feet is more generous. Paul Baumgartner, 31 Walnut Street, questioned the garbage area, located in the end of the parking lot in an enclosed wall 12’ x 8’. Larry Wickman, 33 Walnut Street, stated there is one plan for the garbage pickup, when is the recycling picked up? Richard Romano explained how the garbage will be picked up along with the recycling. Mr. Clarke was asked why minimums are coming up in his testimony, ie parking on the street, are visitors spots planned for. He stated there is 4 times the garbage, lighting, traffic and the plans are being amplified. He asked if the number of units shrunk. Mr. Hall explained the discussion he had with Mr. Coviello and there was no court order. He also asked how many legal spots are on Walnut Street. Mr. Santoro continued explaining past discussion regarding parking around the area. Mr. Coviello pointed out to several traffic reports that were presented to the Board at a prior meeting. Jill Rhodes, 78 Ridgedale Avenue, asked if the garbage pickup is front/rear loading truck. It is a front load truck. Paul Baumgartner, 31 Walnut Street, asked if the traffic study that was prepared is the same for this changed application. Yes it is. Kerry Amplo, asked the what is the rent, Mr. Coviello stated it will be fair market value. One affordable unit is planned. Larry Wickman, 33 Walnut Street, questioned the visitor parking and he compared it with another site. He asked about the accident on Cook Avenue. He asked if any of the Board members visited the site upon Mr. Romano’s invitation. Yes, three Board members did visit. Jennifer Baumgartner, 31 Walnut Street, questioned the garbage trucks. Robert Michaels, Licensed Professional Planner, gave his qualifications and the townships he represented. He was accepted as a qualified witness. Mr. Coviello asked Mr. Michaels for his positive and negative criteria. ZBA Regular Meeting 9-14-17 Page 3 A – 34 Five sheets – Aerial Photo – depicts the subject property with neighboring lots. Tax Map Sheet, colored, properties that are 2 and more multi-family units, 3 pages of photos of some of the buildings that are on the Tax Map. He stated he supplied this exhibit to give the Board a visual of the property and the surrounding area. He described what types of building are located in the area, street by street. One of the 8 units is categorized as an affordable living unit. He continued by giving the height of the buildings, driveways measurements and stated that special reasons are given why the site is suited for this type of development. Two family dwellings are permitted in this zone. The property size and dimensions make it unreasonable for a one family dwelling. He continued with his testimony stating that the site is close to the train station and convenient for access to other areas of NJ and NYC. The proposed density is less than what is permitted in the zone. This is an appropriate development for this area and serves as a transition to other developments on Ridgedale Avenue. The development will not be visual from the street and will fit within the streetscape. He considers that this development will enhance the visual perception. He then discussed the C Variance, stating the benefits significantly outweighing the negative criteria and stated the development advances the public good. It is eliminating and unsightly area which presently exist. This housing type is permitted in the zone and it is less than the maximum density permitted. He believes that this development is unique to the zone and is appropriate for an application for a Use Variance. Ms. Blickstein questioned Mr. Michaels as to how this development will fit into the streetscape. What are your thoughts regarding the rear area and whether a Conservation Easement be granted. He does not believe that a development that small would need a Conservation Easement. Mr. Hall stated that the consensus was to leave the area as is. She had no further questions. Mr. Hall questioned Medici in his testimony. Mr. Michaels stated this is not a classic view on a variance. Mr. Hall and Mr. Michaels continued their discussion regarding the property and its design. Ms. Blickstein asked if there are any occupied ½ or 3 story buildings in the area. He was not sure. Mr. Santoro asked if there were any questions from the Board. There being none, the public was given the opportunity to ask questions for Mr. Michaels as follows: Sue Wickman, 33 Walnut Street, questioned the type of development ie. One family building. Are the buildings going to be sold or rented. He believes they will be sold. She asked about the density and not seeing the buildings from the street. Dennis Castanon, questioned the statement that the size of the lot is unreasonable for a one family? Asked how many lots are similar. The Town Master Plan questions whether this location should be rezoned. Chris Kellogg, 3 Walnut Street, asked if Mr. Michaels is aware of the fact that the property was owned by others over the years. Mr. Michaels was aware. Why is it reasonable for four families, Mr. Michaels answered with the testimony he gave previously. Mr. Kellogg continued by questioning Mr. Michaels regarding his testimony with regard to the D-1, the following questions were poised to the economic benefit to the developer. He continued with regard to the economics of this development. Ms. Blickstein stated there are several similar types of development in the Town. He wanted to verify the traffic issue and its growth factor. Kerry Amplo, questioned the views from 43 Ridgedale, answer: the exhibit shows the view, what will be the view from the units. The Civic Center. Larry Wickman, 33 Walnut Street, questioned the R-4 zoning, safeguards the neighborhood from expansion on this type of property? Mr. Michaels believes this development is more appropriate for this type of property. Dan Skinner, 17 Walnut Street, questioned the elevation of the unit, and the sun being blocked by the four units at their height ZBA Regular Meeting 9-14-17 Page 4 There being no further questions from the public, this portion of the meeting is open for comments as follows: The Board took a break at this point 9:39 pm and returned at 9:45 pm. The public began making their comments as follows: Jennifer Baumgartner, 31 Walnut Street was sworn in, She stated that this development was inappropriate for this neighborhood, “trailer park” type of development and is very dense for this location. Jennifer Bauman, 20 Highland Avenue was sworn in and opposes this development. Over-building Madison, and its effect to the schools in the area. Sue Wickman, 33 Walnut Street, was sworn in and stated that Mr. Romano promised the development would be for seniors. She is opposed to the over development. Kathryn Thompson, 21 Walnut Street was sworn in and her main concern was for the children and the street safety for them. Lynn Macagnano, Madison, was sworn in and her main concern was the high density housing. Dan Skinner, 17 Walnut Street, was sworn in and believes this development is not appropriate for this Town and the developer knew the risks. Paul Baumgartner, 31 Walnut Street, was sworn in and believes this development is unsightly and does not want over development. Ben Baumgartner, 31 Walnut Street, was sworn in and does not want this development. Maureen Hoeflin, was sworn in and does not want to see the over-development happen, and believes it is unsafe for children. Andrew Dutton, 7 DeHart sworn in and opposes this development. Dennis Castanon, 29 Walnut Street, was sworn in and opposes this development, concerned with the traffic and the safety of children. Steve Esposito, 5 DeHart Place, was sworn in and is concerned with the traffic and safety issue, immoral and unfair to make this change. Julie Skinner, 17 Walnut Street, was sworn in and is concerned with the traffic. Brad Hanson, 15 Walnut Street, was sworn in and is concerned and believes this development is unreasonable. Larry Wickman, 33 Walnut Street, was sworn in and is not in favor of the development. Chris Kellogg, 3 Walnut Street, was sworn in and wants to know why development has to be planned for this long narrow lot, does not believe there is justification for this plan. He quoted Dr. Blickstein’s testimony. He believes this is a higher density project. He stated the detriments of the project to the Borough. Kerry Amplo, 43 Ridgedale Avenue, was sworn in and reminisced about the area and believes this project will change the entire area ZBA Regular Meeting 9-14-17 Page 5 Dana Esposito, 5 DeHart Place, was sworn in and believes this development will be a detriment to the children of the school in the area. There were no further comments from the public. Mr. Coviello waived the right to close. The public hearing is closed and the Board will deliberate. Mr. Santoro began with the deliberation and each member gave their input. The consensus of the Board was to approve the application as submitted with the conditions that AC unit will be moved, correcting the front door, no fence along civic center property line, bike racks for 8 spaces, waste enclosure, condo documents be bound by restrictions (no outdoor parking), no outdoor storage, garbage, etc., solid waste collection and specific pickup times, no short term leasing of units, yard area behind buildings restrictions, rear portion of the property will be cleaned up and maintained, perimeter landscaping be improved, and other comments per Frank Russo, Engineer. A motion to approve the application was made by Mrs. DeRosa and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. DeRosa, Mr. Tomlin, Dr. Paetzell, Mr. Fitzsimmons and Mrs. Elias 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. This application was started on August 31, 2017 and is carried without further notice to the October 12, 2017 meeting of the Zoning Board of Adjustment. 9. NEW BUSINESS – 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. This application will be rescheduled for the October 12, 2017 Regular Meeting. 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. This application will be rescheduled for the October 12, 2017 Regular Meeting. CASE NO Z. 17-024 Steve Gill Block: 912, Lot: 1 23 Valley Road Applicant is seeking permission to construct an Expansion of Existing Front Portion of Roof (Matching Existing Peak and Pitch), (2) Front Gabled Dormers, Rear Dormer, Rear 1st Floor Canopy Roof, Proposed Terrace Patio, Stairs from Existing Rear Deck to proposed Patio in an R-3 (Single-Family Residential) Zone requiring relief from Minimum front yard Setback (Valley Road), Minimum Front Yard Setback (Sherwood Avenue) and ZBA Regular Meeting 9-14-17 Page 6 Minimum Rear Yard Setback. This application will be rescheduled for the October 12, 2017 Regular Meeting. CASE NO Z. 17-025 Matthew Gilmartin Block: 4402, Lot: 30 42 Garfield Avenue Applicant is seeking permission to construct a Rear 2 Story Addition, Left Side 1 Story Addition, Rear 2nd Story Deck, and Expansion of Existing Paver Patio in Rear Yard in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application will be rescheduled for the October 12, 2017 Regular Meeting. Ms. Kaar and Mrs. Driscoll returned to their seats on the Board to hear the following application. CASE NO. Z 17-026 Supreet Sandhu & Nishan Mahbubani Block: 4602, Lot: 2 17 Stonehedge Lane Applicants are seeking permission to construct a Front Entrance Stoop with Roof, Rear 2 ½ Story Addition, Rear 2nd Story Deck, and Relocate the Existing Rear yard Air Conditioning Unit in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Rear Yard Setback. Ms. Sandhu and Mr. Mehta, Architect, gave his credentials and was accepted by the Board, both sworn in and the following exhibits were marked: B–1 Letter of Denial from the Borough of Madison Zoning Officer, Dan Buckelew dated 8/1/17 A–1 Survey dated 2/27/17 – entitled Existing Conditions A–2 Plans prepared by Garmita Architects, dated 8/23/17 A–3 Photo Board Mr. Mehta explained that the applicant purchased the home in May, 2017. He described the home which was depicted on a photo board and stated the applicant wants to expand the bedrooms on the first floor. He continued by describing the floor layout. The home is considered a bi-level. It has a two car garage, family room, bedroom on the lower level. The second floor has two bedrooms, dining room and kitchen. The focus is to expand one of the bedrooms, which was planned for the rear of the home. The existing bedroom was made into two small walk-in closets. A master bedroom planned is 19.6x16 feet and will be added in the rear. The home is a one and a half story home and will stay as it stands. The front yard setback is 29 feet and is non-conforming, and most of the homes in the area are also non-conforming. The front stoop will be covered. The front steps will extend out approximately four inches. Mr. Mehta continued by describing the side yard, rear yard and front yard setbacks. He used Exhibit A – 3 to describe the roofline and how it will be continued thru this addition. He believes this addition, with its roofline change, will modernize the look of the home. The location of the addition was decided upon due to the need for the bedroom to be near the other existing bedrooms. Dr. Paetzell asked if the large pine tree will be saved. Mr. Mehta stated the existing patio will be removed and a deck will replace it, which will be eight feet above the ground. The impervious coverage will be reduced with the removal of the patio. A conversation took place with regard to the reason for the location of the addition. The decision for the entry to the garage on the side was also discussed and was agreed upon by the Board members. At this point in time, there was no public present. There was no further testimony, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve ZBA Regular Meeting 9-14-17 Page 7 the application was made by Mr. Tomlin and was seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Mr. Fitzsimmons 10. OTHER BUSINESS - 11. ADJOURNMENT: A motion to adjourn at 12:00 am was made by Ms. Kaar and seconded by Mrs. DeRosa. . A voice vote of aye was heard from all Board members in approval of the motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 9-14-17 Page 8