Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, November 9, 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 November 9, 2017 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. , Co-Chairperson, Mrs. Driscoll 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: 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. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Fitzsimmons and Mr. Tomlin ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mr. Santoro, Ms. Kaar and Ms. Salko 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Special meeting of October 30, 2017 The minutes were distributed to all Board members prior to this meeting for their review. There were no corrections. A voice vote of aye was heard from all eligible Board members in approval of the minutes as submitted. 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members prior to this meeting for their review. There were no corrections to the Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 17-021 Resolution granting variance application to Robert Fenstermacher & Anne Jacobson Block: 4103, Lot: 14, 116 Garfield Avenue 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. CASE NO Z. 17-024 Resolution granting variance application to Steve Gill Block: 912, Lot: 1 23 Valley Road 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. CASE NO. Z 17-029 Resolution granting variance application to Andrew Bria & Mary Soley Block: 1003, Lot: 16, 3 Serpico Way 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 Regular Meeting 11-9-17 Page 1 CASE NO. Z 17-030 Resolution granting variance application to Rob & Erin Bolstad Block: 506, Lot: 37 17 Canterbury Lane 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. 7. SCHEDULING AND PROCEDURAL MATTERS – Madison Area YMCA request for Special Meeting Gary Hall explained that the Madison YMCA has requested a special meeting of the Zoning Board of Adjustment. This special meeting will be held on November 30, 2017. A motion to approve this scheduling was made by Mr. Tomlin and seconded by Mr. Fitzsimmons. 8. OLD 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. This application was started, but not concluded, at the August 30, 2017 special meeting of the Zoning Board of Adjustment. The applicant has asked to be carried to the December 14, 2017 ZBOA hearing with revised plans. The applicant will need to re-notice for this hearing. 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 was started at the October 30, 2017 ZBOA meeting but not concluded. Further proceedings will be heard on December 14, 2017. 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 was started at the October 30, 2017 ZBOA meeting but not concluded. Further proceedings will be heard on December 14, 2017. 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. ZBA Regular Meeting 11-9-17 Page 2 Kathleen Gillan 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 – 11-17 A – 1 Copy of survey dated 2-11-14 rev 7-19-17 A – 2 Sketch drawing showing garage Ms. Gillan stated the garage was in great disrepair and not safe to house any of the family’s equipment. A contractor was hired to renovate the garage and he did not file the correct permits with the Borough. She was not aware of the process of filing for permits. She believes the contractor frauded her and her husband. He used the same footings. The applicant fully paid the contractor and when the applicant inspected the garage many of the boards that were rotted were used for the new garage. The contractor did not cooperate and left the premises. The contractor and applicant made a contract for new construction. She continued and contacted the Borough and filed with the Zoning Board of Adjustment. The garage has not been touched since May when the applicant contacted the Borough. The applicant stated she would like to change the doors and electrical installed. She wants the construction brought up to code. Gary Hall explained the procedure and what will happen. There being no further testimony from the applicant and Board, the public was given the opportunity to ask questions or make comments, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve was made by Dr. Paetzell and seconded by Mr. Tomlin. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Fitzsimmons and Mr. Tomlin. CASE NO. Z 17-028 YMCA of Madison Block: 3802, Lot: 23 111 Kings Road Applicant is seeking permission to Amend its prior Preliminary and Final Site Plan Approval requesting conditional use variance and preliminary and final major site plan with variances to construct a 37,850 square foot building addition in an R-2 (Single Family Residential) Zone. Procedural Matters Only CASE NO. Z 17-031 Scott & Monika Stebbins Block: 506, Lot: 18 9 Myrtle Avenue Applicants are seeking permission to “Under Construction” Front & Side Wraparound Roofed Porch. Demolition and Construction of New Porch was begun without the Required Zoning and Construction Permits being filed in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, Minimum Side Yard Setback and Accessory Structure Minimum Setback for Shed previously placed on property without Zoning Approval. Scott and Monika Stebbins were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew, dated 8-17-17 A – 1 Set of Drawings, Photos, etc. numbered pages 1-10 A – 2 Site Plans dated 7-26-17 Mr. Stebbins explained why the packet has ten pages. The replacement is pretty much the same as the footprint. A new survey was required and the structure is being treated as a new structure. The front of the porch will be sided which requires the impervious coverage relief. The Stebbins explained that the existing porch was in great disrepair and unsafe to the public. The house goes back to the 1800’s. The only change in ZBA Regular Meeting 11-9-17 Page 3 the footprint was the bump-out and the applicant made that change to the roof. The improvement is to unite the porch with the house as it exists because previously it did not look harmonious. The roof will match the shingles on the roof of the house. The shed is on a slab comprised of compressed gravel. Next to the shed is a 6 foot privacy fence surrounding it. The neighbors’ yard is beyond the shed and fence. The Board discussed the porch and stated there are several overages. They believe these overages are a challenge. The consensus of the Board was to reduce the size of the porch to allow it to conform. The applicant was asked if any water management was done. There is a drywell, however, the applicant said it is only filled with muck. The Board gave the public the opportunity to comment, there was none. The applicant will return to our December 14, 2017 meeting with revised plans. CASE NO. Z 17-032 Glenbrook Properties, LLC Block: 3401, Lot: 9 15 Woodcliff Drive Applicant is seeking permission to construct a New 2 ½ Story Single Family Dwelling, Asphalt Driveway, Front and Side Brick Paver Walkways, Rear 2nd Story Deck, (2) A.C. Units and a Drywell 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. The Existing Dwelling to be razed. Gary Haydu, Attorney representing Glenbrook Properties, reviewed the application and was sworn in along with Nick Benseley, Architect. The following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Zoning Officer Daniel Buckelew, dated 8-4-17 A – 1 One Page Architectual Site Plan prepared by Nick Benseley, Architect A – 2 Archtectural Plans prepared by Nick Benseley, Architect A – 3 Tax Map Mr. Benseley began by reviewing the proposed plan. He explained the neighborhood and reviewed the Tax Map. He stated that the plot is one of the smallest lots on the map. The street contains homes that are mid- sized and older homes with mixed styles. The larger homes are found across the street from the proposed location. A front facing garage is being proposed. He used A – 2 to depict the layout of the home. The total coverage of the home is 4,000 feet. He continued reviewing the interior of the home. There are two gables and a roof canopy over the garage to soften the look of the home. Mr. Benseley continued reviewing the variances and how he handled these while preparing the architectural plans. Two adjacent properties have similar setbacks and the applicant is proposing landscape buffering on both the left and right sides. The attic area on the right side is a small window for light and nothing on the left side. The elevation is under 35 feet which is required, both houses on each side are less than 35 feet. The driveway will park two cars and two cars in the garage. The walkway will be constructed of pavers. Several other issues were discussed ie: centering the house on the lot, the side yard setbacks, the placement of the AC units and whether they can be placed on the side or in another location so the neighbors cannot hear the sound. Screening was suggested for the AC units. It was questioned whether three cars can fit on the driveway. Mr. Benseley stated most likely. The public was given the opportunity to ask questions or make comments as follows: Steven Casella, 17 Woodcliff Drive, appreciates the changes made, and believes the setbacks are smaller and asked if it is a 2.5 or 3.5 story home. Consideration should be made for the building of a spec home. Vincent Scordley, Glenbrook Properties, believes this project is a benefit to the neighborhood. He stated that many aspects were changed and he believes that this was a beneficial solution. ZBA Regular Meeting 11-9-17 Page 4 The public was now given the opportunity to question this witness as follows: Ian O’Keefe, 13 Woodcliff Drive, has not seen plans, asking the Board to consider the proposed construction and the aesthetics of the neighborhood. Wondering about the encroachment. A – 4 Architectural Plans dated 11-7-17 prepared by Nick Benseley, Architect The A – 4 Exhibit reflects several changes to the Plan with the setbacks at 10 feet on each side, the home was reduced by eliminating the stairway, 3 feet narrower and 3 feet deeper. The Board took a break at 9:53 and will return at 9:59. Public given the opportunity to comment as follows: Ian O’Keefe, 13 Woodcliff Drive, returned and stated he has privacy screening. He asked for the condition to remove the bamboo that exists. There being no further testimony from the applicant and the Board began their deliberation. The consensus of the Board was to approve the application with the conditions discussed. A motion to approve was made by and Mrs. DeRosa seconded by Mr. Fitzsimmons . A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Dr. Paetzell, Mr. Fitzsimmons and Mr. Tomlin. Nay: Mrs. Elias CASE NO. Z 17-033 Theodore Fiore Block: 1004, Lot: 7 133 Central Avenue Applicant is seeking permission to construct a Single Family Dwelling with Front Open Porch, Sidewalk, Drywell and Driveway. “Rebuild” of Existing Left Side Retaining Wall and New Right Side Retaining Wall in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), and Minimum Side Yard Setback (Left). Due to insufficient noticing this applicant will be placed on the December 14, 2017 agenda. CASE NO. Z 17-034 Jeffrey & Tracy Goldberg Block: 4804, Lot: 23 55 Union Hill Road Applicants are seeking permission to construct (4) Dormer Roofs, and the Expansion of Existing Front Stoop with Roof in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Principal Building Cove rage and Maximum Impervious Lot Coverage. Jeffrey Goldberg was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew, by dated 9-29-17 A – 1 Marked Copy of Survey, dated 10-7-14 A – 2 Plans prepared Relish Architects ,dated 8-22-17 A – 3 Photo Board Mr. Goldberg began by explaining what he and his wife are planning to do. The steps are old and cracked. They want to construct new steps constructed of stone, with a portico for shelter from inclement weather. Also planned is the roof improvements to make the home more pleasing to the public by adding dormers. He also stated there has not been any water problems in the past few years. ZBA Regular Meeting 11-9-17 Page 5 There being no further testimony from the applicant and Board, the public was given the opportunity to ask questions or make comments, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve was made by Mr. Fitzsimmons and seconded by Mr. Tomlin A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Fitzsimmons and Mr. Tomlin. CASE NO. Z 17-035 MaryAnn Artigliere Block: 1001, Lot: 40 100 Central Avenue Applicant is seeking permission to construct a Single Family Dwelling with Covered Front Porch, Covered Rear Patio, Asphalt Driveway, Front Concrete Walkway, Air Conditioning Unit, Generator and Drywell. The Existing Shed is to Remain. Existing Dwelling to Remain during Construction of the Proposed Dwelling and is to be razed upon Completion of Proposed Dwelling in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right) and Maximum Number of Principle Buildings. Due to insufficient noticing this applicant will be placed on the December 14, 2017 agenda. Applicant must re-notice. 10. OTHER BUSINESS - 11. ADJOURNMENT – The meeting was adjourned at with a motion made by and seconded by Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 11-9-17 Page 6