Zoning Board of Adjustment

BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, December 14, 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 December 14, 2017 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. Chairman, Joseph Santoro 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: : Joseph Santoro, Toni DeRosa, Dr. Paetzell, Melissa Elias, Helen Kaar and Chris Tomlin ALSO PRESENT: Vincent K. Loughlin, Esquire, Alternate ZBA Attorney EXCUSED: Diane Driscoll, Mary Sue Salko and Timothy Fitzsimmons 4. PLEDGE OF ALLEGIANCE The minutes were distributed to all Board members prior to this meeting for their review. There were no corrections made to the following minutes. 5. MINUTES FOR APPROVAL – Regular Meeting of November 9, 2017 6. RESOLUTIONS FOR MEMORIALIZATION – 7. SCHEDULING AND PROCEDURAL MATTERS – 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. DUE TO INSUFFICIENT NOTICING THIS APPLICATION WILL BE PLACED ON THE JANUARY 11, 2018 AGENDA OF THE ZBOA. THE APPLICANT WILL NEED TO RENOTICE. 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. ZBA Regular Meeting 12-14-17 Page 1 Claudine Giglio, 14 Winding Way, was sworn in and the following exhibits were marked A – 4 Revised Site Plan A – 5 Photo of the site has it exists A – 6 Basement Plan Mr. Daniel Dubinett, Architect stated that since the last meeting changes have been made to several issues that the Board had with the last application. He stated the lot coverage was great and at the last meeting there was a concern. The applicant has reduced the lot coverage by 637 sf and an additional 697 sf will be reduced, totaling 1,337 sf. He explained how these reductions were made. The existing house and driveway allows the overage of 35%, retaining walls are included in the lot coverage. A large front patio was removed, a hot tub area was removed and the area around the pool was reduced. The landing at the stairs was removed and the area will be grassy and utilized as a play area for the children. The side-yard setback that exists is 6.2 feet with the existing structure approved. Plantings of arborvitaes were installed on the side-yard setback. Mr. Giglio stated there was no record of the plantings on the side-yard. Mr. Giglio continued the discussion regarding the addition and its legality. He stated he inherited the home with the addition when he purchased it. Mr. Santoro requested that he would appreciate the applicant to reducing the numbers, ie: side-yard setback. Mr. Dubinett stated there are giant arborvitaes between the two homes which deflects the view from either side. The size of the proposed home is 4,673. Storm-water management was discussed and Mr. Dubinett stated the applicant will defer to the Borough Engineer with regard to the storm-water. Mr. Giglio added that a drywell will be installed to the left side and the front right already has a drywell. Mr. Santoro stated he believes this addition was built without approvals. Mr. Loughlin stated that it is the burden of the applicant to prove that the existing addition was approved by the Borough and a record search should be performed. Mrs. Giglio came forward and stated that the music room is an integral part of the home. It was agreed that a record search will be performed by Daniel Dubinett. The Board requested several items to be performed when the applicant returns at the Regular Meeting in February 2018. 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, but not concluded, at the October 30, 2017 special meeting of the Zoning Board of Adjustment. A – 3 Revised Plan A – 4 Revised Variance Sheet Mr. Gilmartin began by discussing the changes that were made since the last meeting. He stated he spoke to the Borough Engineer. The prior plans showed two drywells, however, only one had been installed. Mr. Vogel proposed the expansion of the capacity of the current drywell to 20%. Mr. Vogel requested that Mr. Gilmartin confer with him when he is undertaking the task. The back impervious coverage was reduced by removing all the bricks around the pool. The square footage of the entire property is 6,322 sf and he removed 500 sf from that number. He stated that the lot is undersized and mis-shapened. ZBA Regular Meeting 12-14-17 Page 2 There being no further testimony from the applicant and questions from the Board, 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 revised with the conditions of expanding the drywell and removing the pavers. A motion to approve the application as revised was made by Ms. Kaar and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr. Paetzell and Mr. Santoro. CASE NO. Z 17-031 Scott & Monika Stebbins Block: 506, Lot: 18 9 Myrtle Avenue Applicant is seeking permission to allow for “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. This application was started, but not concluded, at the November 9, 2017 meeting of the Zoning Board of Adjustment. A – 3 Impervious Coverage Variance with a note Mrs. Stebbins stated that the numbers were incorrect from the last meeting. Mr. Buckelew emailed the correct numbers to all Board members and the applicant. Mrs. Stebbins questioned the Board with regard to the water management. Mr. Stebbins continued by stating the size of the porch was reduced which the Board had requested. The applicant is willing to add more trees in the rear to reduce the water, the shed will be reduced to three feet instead of the four which was requested, 3 x 3 feet total to lower the impervious coverage. All the leaders will be piped to the street. A drywell exists, however, does not work well. The applicant agreed that the shed will be moved as the Board requested. There being no further testimony from the applicant and questions from the Board, the public was given the opportunity to ask questions as follows: Lisa Weldon, Myrtle Avenue, showed support for the applicant, and Philip Seifreid, 12 Myrtle Avenue, was happy to see the new porch. There being no further comments, the Board began their deliberation. The consensus of the Board was to approve the application as revised with the conditions that the shed be 5 feet and discussion regarding stormwater management be had with the Borough Engineer. A motion to approve the application as revised was made by Dr. Paetzell and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Dr. Paetzell and Mr. Tomlin 9. NEW BUSINESS: 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). William Rush, Attorney began by reviewing the application and by reviewing each variance. Fred Meola, Lic. Engineer, Surveyor was sworn in and the following exhibits were marked: ZBA Regular Meeting 12-14-17 Page 3 B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 9-14-17 A – 1 Set of two sheets, Plans revised 9-21-17 Mr. Meola began by explaining what the applicant is planning. A rebuild will be constructed on the site. A drywell will catch all of the runoff. The driveway will have curbing to catch all the runoff. A two and a half story, 34 foot high home is planned and the front yard is at 58 feet to allow cars in the driveway. The side yards on this property are 6.9 east and 7.4 on the west. Mr. Meola reviewed the minimum lot numbers and the impervious coverage. The side yards are the issue in this application. Two drywells are planned and 659 cubic feet of water will be stored. A soil erosion plan will be submitted along with details for the driveway. The air conditioning units will be housed in the rear of the home. The neighborhood is consisted of varying lot sizes and there is no conformity. An existing home next door is being constructed. A wall is planned at a maximum height of 2.5 feet between the two properties. No deck is planned for the rear of the home. The public was given the opportunity to question the witness. There was no questions for this witness from the public. Michael J. Pessolano, 140 Elmwood Avenue, Bogota, NJ was sworn in and gave his credentials. The Board was comfortable without the Planner’s testimony. The public was given the opportunity to ask questions or make statements. There being none, the Board began their deliberation. The consensus of the Board was to approve the application with the following conditions: construction in accordance with the architectural plans, the AC placed in the rear, sewer and connection fees paid. A motion to approve the application was made by Mrs. Elias and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Mr. Santoro 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. Charles O’Connell, Attorney began by naming the witnesses this evening. He continued by describing the plan which includes will teaingr down the existing structure. The applicant has no objection to the conditions that Mr. Hall requested prior to this meeting. Mr. Rusty Schommer, Jr. 119 Cherry Hill Rd., Parsippany, P.E. gave his credentials and was accepted by the Board as a qualified witness. The following exhibits were marked. A – 1 Plans dated 8-14-17, revised, 8-16-17 A – 2 Variance Plan dated 12-14-17 A – 3 Architectural Plans prepared by Mr. Vanderhoff Mr. Schommer began by reviewing the property and size, in the R-3 zone, which measures 29,420 sf and is oversized. A single family dwelling exists along with a driveway to the northside. Lots 40, 41 and 42 are to the north. The proposal is to construct a new dwelling, single family, the existing structure will remain until the new dwelling is constructed. A temporary variance is being requested to allow the applicant to live in the old dwelling. When the new home is completed, the old home will be demolished. He continued and reviewed the ZBA Regular Meeting 12-14-17 Page 4 variances which are being requested. A side loaded garage is proposed and he believes it is more attractive from the street. The adjoining property to the south is close to the common side lot line. On the north side the adjacent dwelling is farther away from the proposed home. Most of the homes on Central Avenue do not meet the side yard setbacks. The proposed application will bring the property more in conformance with the ordinance. Most of the homes in the area have detached garages which are not visible from the street. The side loaded garage will not be visible from the street. Mr. Schommer believes this proposed home fits into the character of the neighborhood. There being no further questions from the Board, the public was given the opportunity to question the witness. There being none, Mr. O’Connell announced the witness who was Mr. Vanderhoff, 39 N. Cortland St., Pennsylvania, a Registered Architect. Mr. Vanderhoff began by stating that the house is 50 x 52 sf, 4 bedrooms, 1 bath on the first floor, there is a bump out on the second floor. Twenty square feet would be lost if the bump out is removed. One large garage door was requested. The size of the driveway was discussed. The Board requested additional windows on both sides of the home and the applicant agreed to do so. Mr. O’Connell explained what an insurance bond is and how it guarantees the removal of the old home when the new home construction is completed. Mary Ann Artigliere was sworn in and began by answering questions. She stated that her 91 year old dad is handicapped and needs an easier flow in his living quarters. She is building this home to accommodate him and his safety. She agreed to the Performance Bond to guarantee the removal of the old home. It was agreed that the applicant return at the next meeting to review the Developer’s Agreement which will be reviewed by Gary Hall and the applicant can make the changes recommended by the Board. This application will be heard at the February 2018 meeting. CASE NO. Z 17-036 James & Janet Foster Block: 3701, Lot: 21 27 Maple Avenue Applicants are seeking permission to construct a Detached One Car Garage in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Height of Accessory Structure. At the request of the applicant this application will be carried to the January 11, 2018 meeting. CASE NO. Z 17-037 Michael Russo Block: 906, Lot: 18 10 Longview Avenue Applicant is seeking permission to do Driveway Widening, Roadway Drop Curb Widening in an R-3 (Single- Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Minimum Property Line to Driveway. CASE NO. Z 17-038 Jonathan & Lauren Kozy Block: 4601, Lot: 16 32 Park Lane Applicants are seeking permission for the Removal of Existing Left Side Steps and Walls, Front Sidewalk, Portion of Existing Driveway, Rear Walls, Patio, Steps and Associated Landings. The applicants are seeking permission to construct a Front Paver Walkway, Rear Paver Patio with Outdoor Kitchen, Rear Modular and Boulder Retaining Walls, Walkways, Steps and Associated Landings in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, Moderate Slope (15.0% to 24.99%) Disturbance and Critical Slope (25.0% & Greater) Disturbance. CASE NO. Z 17-039 Evan Goldstein Block: 4601, Lot: 28 ZBA Regular Meeting 12-14-17 Page 5 22 Stonehedge Lane Applicant is seeking permission to construct an Enclosed Front Entrance Way with Sidewalk, 2 Story Addition (2 Car 1st Floor, Living Space 2nd Floor), Removal of a Portion of Existing Driveway, Modifications of Driveway Alignment and a Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right). 10. OTHER BUSINESS: Joint Meeting on Tuesday with the Historic Preservation Commission and the Planning Board with regard to the movie in Madison. Mr. Santoro asked the Board members to think about any items to discuss at the Reorganization Meeting on January 11, 2018. 11. ADJOURNMENT: The meeting was adjourned at 11:10 pm with motions made by all Board members. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 12-14-17 Page 6