Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, October 30, 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 October 30, 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 September 14, 2017, the Board, by resolution scheduled a special meeting for October 30, 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, Toni DeRosa, Diane Driscoll, Roger Paetzell, Melissa Elias, Helen Kaar, Mary Sue Salko and Timothy Fitzsimmons ALSO PRESENT: Gary Hall, Zoning Board Attorney EXCUSED: Mr. Tomlin 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Regular meeting of September 14, 2017 These minutes were distributed to all Board members prior to this meeting for their review. There were two 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 following Resolutions were distributed to all Board members prior to this meeting for their review. Mr. Hall changed the dates to10/30/17. Pag.2, Para 3, change Madison Community Center to Civic Center. CASE NO. Z 15-016 Resolution granting variance application to 34 Walnut Street, LLC, Block: 1601, Lot: 41, 34 Walnut Street 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. CASE NO. Z 17-026 Resolution granting variance application to Supreet Sandhu & Nishan Mahbubani, Block: 4602, Lot: 2, 17 Stonehedge Lane to construct a Front Entrance Stoop with Roof, Rear 2 ½ Story Addition, Rear 2 nd 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. 7. SCHEDULING AND PROCEDURAL MATTERS 8. OLD BUSINESS – CASE NO. Z 17-014 ZBA Special Meeting 10/30/17 Page 1 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, but not concluded, at the August 30, 2017 special meeting of the Zoning Board of Adjustment. The applicant asked to be carried to the November 9, 2017 ZBOA hearing with revised plans. The applicant will need to re-notice. 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. Mr. Fenstermacher and Greg Erezuma, Architect were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 7/7/17 A – 1 Copy of Survey, dated 2/27/17 A – 2 Plan prepared by Eruzema Architects, dated 7/3/17 Mr. Fenstermacher began by stating the kitchen was renovated in 1996. No variance was required at that point in time. He stated after 21 years the structure is degrading. He is asking to remove the structure and replace it with a three seasons wood porch. The impervious coverage is over due to a undersized lot. The structure is not going over the building coverage. The water presently drains down the driveway and into a storm sewer. Mr. Eruzema continued by describing where and what type of structure is proposed. A formal foundation is planned. Mr. Eruzema described the drywell and where it will be located and how it will drain to the storm drain. Mr. Hall questioned if a drywell is considered in the front, Mr. Eruzema gave his explanation, and he continued his description of the room and its foundation. There being no further testimony from the applicant, the public was given the opportunity to question the applicant. 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, Mrs. Elias, Ms. Kaar, Dr.Paetzell, Ms. Salko, and Mr. Santoro 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. Paul Giglio and Daniel Dubnett, Architect were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 6/1/17 A – 1 Topographic Survey Existing dated 8-5-17 A – 2 Topographic Survey Proposed dated 8-5-17 ZBA Special Meeting 10/30/17 Page 2 A - 3 Architectural Plans prepared by Daniel Dubnett, Architect dated 5-18-17 Mr. Dubinett asked Mr. Giglio to testify first. Mr. Giglio stated the room inside the home was never approved. The neighbors next door have been there a long time and stated the prior owner never received approval. A resolution was passed. The records were very confusing. The son of the original owner stated the room was built and approved. Mr. Dubinett stated the structure seemed sound. He continued stating that when he purchased the home if he knew about the situation, it would have been handled differently. A second floor is proposed in an aesthetic manner. Mr. Dubinett wants to give it a softer line and a modest addition of 200 square feet. He continued by reviewing the four variances. Approximately 682 sf of impervious coverage will be removed. The driveway is 2000 sf and the patio and pool have no negative effects. A drywell is planned in the front yard and the streetscape will be enhanced. The home is presently 2,328 sf, proposed 2,531 sf. The second floor will be smaller than the first floor. Four bedrooms and 2 baths are planned for the second floor. A finished family room is on the lower level with a 2 car garage. A new roof will be installed and the windows that face the neighbors will be closed. Mr. Santoro stated the Board is looking to reduce the size of the proposed home. Ms. Kaar suggested that the sitting room be reduced. The applicant stated that area will be utilized for the children. Several suggestions were made to reduce the impervious coverage. A grassy area will be made where the swing set is located. Mr. Dubinett stated that he can adjust the patio if the Board prefers to reduce the impervious coverage. A trench drain on the left side of the driveway can be accomplished to save on the coverage and contain the water. The consensus of the Board was to have the applicant return with the following changes; play area be removed and grassed, driveway cutout between two properties will have a trench drain installed, reconfiguring the patio and modification to reduce the side yard setback. The applicant will return at the December 14, 2017 meeting with the suggested changes. 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 Minimum Rear Yard Setback. Steve Gill was sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 8-1-17 A – 1 Copy of survey dated 6-10-10, Eric Silvestro A – 2 Architectural Plan with Site Plan, prepared by Nick Benseley, 7-19-17 Mr. Gill began by stating this home was owned by his daughter and would like to move into this home to retire. The property is undersized and the house is a corner house Valley and Sherwood. He is planning two dormers, the front door will be installed to face Valley Road. The roof will be extended five feet. The back requires a setback and a dormer is planned. A small roof over the 1st floor kitchen door is planned. A deck off of the kitchen will have stairs and a small terrace is also planned for sitting. New siding and a new roofing is planned which will allow the home to be pleasing to the neighborhood. ZBA Special Meeting 10/30/17 Page 3 Mr. Gill closed his presentation and the public was given the opportunity to ask questions. 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. DeRosa and seconded by Dr. Paetzell . A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr.Paetzell, Ms. Salko, and Mr. Santoro 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. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 8-4-17 A – 1 Plans prepared by Pickell Architects dated 8-3-17 A – 2 Drawing comparing the existing versus approved Mr. Gilmartin began by explaining what he plans to do. The rear of the house has an 8x10 area and the applicant is planning a kitchen in this area. A porch is planned over the kitchen addition. A porch currently exists. The present kitchen is very dark. He continued to explain the family’s needs. The drywell that was mentioned in 2002 planned for two drywells. The records did not show if one or two were necessary. The front yard drywell was installed. The rear yard drywell could not be installed due to the location being very raised. The existing water situation on the property goes from the rear to the front where the drywell is located. Brick pavers are planned for the rear as a walkway, if necessary the area can be grassed. The Board had an issue with this application because it seems it is over-developed. Mr. Gilmartin suggested he could take away the front porch area, forego the brick and install grass. Mr. Santoro discussed the means of making changes to help the Board approve the application by bringing the numbers down. Mr. Santoro stated that Mr. Gilmartin return at the December 14, 2017 meeting with a revised plan and the suggestions that the Board made. 9. NEW BUSINESS CASE NO. Z 17-027 Kathleen Gillan Block: 2207, Lot: 9 52 Dean Street Applicant is seeking permission to allow the constructed Detached 2 Car Garage which was built without the Required Zoning and Construction Permits being filed in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Accessory Structure Minimum Side and Rear Setbacks. Due to insufficient noticing this application will be carried to the November 9, 2017 meeting of the Zoning Board of Adjustment. The applicant will notice those not noticed correctly prior to the hearing. CASE NO. Z 17-029 Andrew Bria & Mary Soley Block: 1003, Lot: 16 3 Serpico Way Applicants are seeking permission to construct a 2nd Story Addition, 2 Story Addition, 1 Story Addition, (2) Decks (One with Arbor, both with Stairs), Basement Entrance, 1 A.C. Unit and Drywell in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Accessory Structure Setback (Paver Walk/Patio). ZBA Special Meeting 10/30/17 Page 4 Andrew Bria, Mary Soley, and Cindy Boerner-Lay, Architect were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 8-28-17 B – 2 Revised Letter of Denial from the Borough of Madison Z 10-25-17 to add Variance A – 1 Survey dated 8-21-17 Existing Conditions by John Vogel, Surveyor A - 2 Plans prepared by Cindy Boerner-Lay, 8-24-17 A – 3 Revised Sheet One rev 10-24-17 A – 4 Neighbor Photos A – 5 Zoning and Goggle Map handout Mr. Bria stated their home was purchased in 2006. They want to stay in the Town to raise their family. They love the location of the home. Their three children walk to school. They looked in Madison, however, really like their location. The design was going to require some variances. With three children they really need space. Would like a family room, proper sized bedroom and full bathroom. A major problem is the basement has very low ceilings. The front walkway has been improved and also landscaping has been performed in the past. Ms. Boerner-Lay began by reviewing the plan and describing what she plans to do to enlarge the home for the growing family. A full basement will be added under the planned addition. Three variances are required. The patio will require setbacks. It is a free-flowing form. Everything is pushed off to the right side. She reviewed the building coverage variance. The lot is bordered by the less restrictive R-4 zone. She then reviewed the Zoning Map. The rear of the home is screened by natural vegetation. The shed and the driveway were discussed. It would be an extreme hardship to re-locate the shed and driveway. A garage cannot be added to this property, so the shed is needed for storage. The Board suggested to move the shed over 3.5 feet with enhancements, and it would be acceptable. The Board had issues with the accessory structure setback. A lengthy discussion took place regarding the easement. There being no further testimony, the Board began their deliberation. The consensus of the Board was to approve the application with the condition of the Borough Council approving the easement of the driveway. A revised Sheet 1 should be submitted if the Easement is approved. A motion to approve the application was made by Ms. Kaar and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr.Paetzell, Ms. Salko, and Mr. Santoro CASE NO. Z 17-030 Rob & Erin Bolstad Block: 506, Lot: 37 17 Canterbury Lane Applicants are seeking permission to construct a 1 Story Rear Addition, and Deck with Stairs in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. The Bolstads were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew, dated 8-24-17 A – 1 Copy of Survey dated 8-24-17 prepared by David Swanson A – 2 Architectural Plans prepared by Peterson Associates, dated 8-21-17 Mr. Bolstad began by explaining that the kitchen is the only room which has not been improved. Many items are involved. The family also needs extra living space. The brick patio in the rear was planned by the previous owners. Three variances are being sought. The hardship which exists is that the lot is much smaller than other lots in the area. ZBA Special Meeting 10/30/17 Page 5 The bump-out that exists now was present when they purchased the home. The garage is presently in the front of the home. The applicant wants to stay in the area so they are attempting to make the home more functional. There being no other testimony by the applicant and the Board had no additional questions, the public was given the opportunity to ask questions. There being no public available, the Board deliberated and approved the application. A motion to approve the application was made by Mr. Fitzsimmons and seconded by Dr. Paetzell. A roll call was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr.Paetzell, Ms. Salko, and Mr. Santoro 10. OTHER BUSINESS: No other business. 11. ADJOURNMENT - The meeting was adjourned at 10:48 pm with motions made by Mrs. Driscoll and seconded by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting 10/30/17 Page 6