Zoning Board of Adjustment

MIINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, February 8, 2018 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 February 8, 2018 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: At the Reorganization Meeting of the Board held on January 11, 2018, the Board by Resolution adopted a schedule of meetings. On January 12, 2018, a copy of the schedule of meetings was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial Building, 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, Toni DeRosa, Diane Driscoll, Melissa Elias and Helen Kaar ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mary Sue Salko, Timothy Fitzsimmons, Christopher Tomlin 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There were several corrections made to the Re-Organization and Regular Meeting 1/11/18 and also the Special Meeting 1/29/18. After recording all the corrections, a voice vote of aye was heard as follows: AYES: Mr. Santoro, Mrs. Driscoll, Mrs. DeRosa, Dr. Paetzell, Ms. Kaar, and Mrs. Elias 5. MINUTES FOR APPROVAL –Re-Organization and Regular Meeting of January 11, 2018 and Special Meeting of January 29, 2018 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 the following Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 17-039 Resolution granting variance application to Evan Goldstein, Block: 4601, Lot: 28, 22 Stonehedge Lane 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). CASE NO. Z 17-040 Resolution granting variance application to Michael Gobes & Elena DeFrancesco, Block: 905, Lot: 15, 38 Knollwood Avenue to construct a 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z 17-041 Resolution granting variance application to Alex Madison, LLC, Block: 1803, Lot: 20, 14 Alexander Avenue, to construct a New Single Family Dwelling with Asphalt Driveway, Front Sidewalk, Front Open Porch, Uncovered ZBA Regular Meeting 2-8-18 Page 1 Rear Deck, (2) Air Conditioning Units, Bilco Doors, and 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. 7. SCHEDULING AND PROCEDURAL MATTERS:  Resolution to appoint Zoning Board Planner, Russell Stern A roll call vote was requested and recorded as follows: AYE: Mrs. DeRosa, Mrs. Driscoll, Mrs.Elias, Dr. Paetzell and Mr. Santoro NAY: Ms. Kaar  Resolution to publish appointment of Zoning Board Planner, Russell Stern without competitive bidding. Motion to approve the Resolution was made by Mrs. Driscoll and seconded by Ms. Karr. A roll call vote was requested and recorded as follows: AYE: Mrs. DeRosa, Mrs. Driscoll, Mrs.Elias, Dr. Paetzell and Mr. Santoro NAY: Ms. Kaar 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. Gary Hall reviewed what took place at the meeting in August. Mrs. Abbate stated that the new plans were submitted as requested by the Board, and she described what the plans contained. Michael Pinto, Contractor also explained what changes were made by the applicant. Mr. Hall stated if the applicant is willing to comply, the Resolution will include conditions as discussed by the Board. A discussion took place regarding the grass line and the area down to the rear property line. The neighbors to the rear have a trampoline near the rear property line and Mr. Pinto stated it is pretty well cleared in that area. A tank is proposed in the front of the property along with a drywell. A discussion took place regarding the Conservation Easement on the property. Mr. Pinto stated the applicant agreed to what the Board proposed in the rear. He stated that he can do it from a foot or elevated perspective. The drywell size can be decided by the Borough Engineer and the applicant also agreed and Mr. Pinto agreed. There was no further testimony from the Board, the applicant or questions or comments from the public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted and the changes that were made since the August meeting. A motion to approve the application was made by Mrs. Driscoll and seconded by Ms. Kaar. AYES: Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell and Mr. Santoro. Mrs. DeRosa made comments, however, was not eligible to vote. 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, but not concluded, at the ZBA Regular Meeting 2-8-18 Page 2 October 30, 2017 special meeting of the Zoning Board of Adjustment as well as the December 14, 2017 regular meeting of the Zoning Board of Adjustment. Mr. Giglio was sworn in at the last meeting. Mr. Daniel Dubonnet, reviewed what the issues were at the last meeting and stated the issues that the applicant addressed for this meeting. He stated the applicant wants to keep the structure and reduce the lot coverage to 37.2%. Mr. Dubonnet stated the applicant will perform whatever the Board and Borough Engineer requires them to perform. Mr. Santoro reviewed what he recalls should be done ie: storm-water management on the property and also what other Board members had requested. He discussed the portion of the building that encroaches the sideyard. Mr. Santoro stated he has never seen this scenario, the new structure in the setback, in actuality it should not be allowed. Mrs. Driscoll stated is it fair to have the applicant make the changes which the previous Resolution allowed. Mr. Santoro is looking for a reduction in coverage. Mr. Dubonnet stated that the structure will have the same footprint and the height will be reduced 3 feet, the lot coverage can be reduced by reducing the patio. Mr. Santoro stated the changes that he expected in the new application. The impervious coverage has been brought down to 37.2% and additional storm-water management has been proposed. Mrs. DeRosa asked if there is any other item to be removed to reduce the impervious coverage. The driveway reduction can be considered which will reduce the impervious coverage. The exact impervious coverage percentage is 34.29% There being no further testimony from the applicant and questions from the Board, the public was given the opportunity to ask questions or make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application with the conditions as follows: drainage in the driveway, entire house drains leading into a drywell, trees maintained on the side yard, and pavers utilized instead of asphalt. A motion to approve the application as stated with the conditions 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 and Mr. Santoro 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. . This application was started, but not concluded, at the December 14, 2017 meeting of the Zoning Board of Adjustment. The application will be carried to the March 8, 2018 regular 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. This application was started, but not concluded, at the January 11, 2018 meeting of the Zoning Board of Adjustment. This application will be carried to the next regular meeting scheduled for March 8, 2018. CASE NO. Z 17-038 Jonathan & Lauren Kozy Block: 4601, Lot: 16 32 Park Lane ZBA Regular Meeting 2-8-18 Page 3 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. This application was started, but not concluded, at the January 11, 2018 meeting of the Zoning Board of Adjustment. This application will be carried to the next regular meeting scheduled for March 8, 2018. 9. NEW BUSINESS: CASE NO. Z 17-036 James & Janet Foster Block: 3701, Lot: 21 11 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. Ms. Kaar recused herself from the application. Janet Foster was sworn in and the following exhibits were marked: B–1 Letter of Denial from the Borough of Madison Construction Officer, Daniel Buckelew, dated 10/17/17 A–1 Lot and Grading Plan dated 10-6-17 A -2 Architectural Rendering prepared by Steele Kellogg, AIA dated 6/27/17, rev. 10/6/17 A–3 Design A- 20 dated 10/6/17 Mrs. Foster began by stating this home will be the next house both her husband and herself will reside in for the next 30 years. She explained they are rebuilding a modern version of a carriage house in the character of the Historic District. A single car garage is approved, the height is proposed to be altered and conforms to the pitch of the gables of the house and the line of roofs found along Maple Avenue. The house is located behind the Hartley Dodge Memorial Building. Mrs. Foster ended her testimony. The public was given the opportunity to ask questions and make comments as follows: Peter and Sylvia Hand, 24 Green Avenue, stated that not many garages add beauty to a neighborhood and asked the Board to respect the zoning height which is already in place and are registering their objection. Mr. Hand was sworn in and stated his objection as being the line of sight. He stated he is the third house behind the Foster’s home. Mr. Santoro explained what the Zoning Board’s roll is that of approving reasonable and modest changes to the ordinances. There being no further questions from the Board and the public, the Board began their deliberation. The consensus of the Board was to approve the application as submitted. A motion to approve the application as submitted was made by Mrs. DeRosa and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Mrs. Driscoll, Dr. Paetzell and Mr. Santoro CASE NO. Z 17-042 Dean & Erin Webber Block: 4502, Lot: 24 11 Candlewood Drive Applicants are seeking permission to construct a 1 Story Rear Addition, Deck with Stairs, and the Relocation of an Existing Air Conditioning Unit in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. ZBA Regular Meeting 2-8-18 Page 4 Mr. and Mrs. Webber were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Construction Officer, Daniel Buckelew, dated 10/3/17 A – 1 Survey dated 9/7/17 A – 2 Architectural Plans dated 12/1/17 Mrs. Webber stated the family needs additional living space. The kitchen will be expanded plus adding a sitting and dining room. Mrs. Elias was concerned with the drainage on the property. The applicant stated that the back left hand corner of the house has a French drain and the home is located on a hill which allows the water to drain down. The house has a leader in the rear and drains into the ground and it is planned to add an additional drain and drywell in the rear. Mrs. Elias asked why the plans did not show any drainage. The applicant apologized for not having that indicated on the plans. Again Mr. Webber stated that in the rear left corner of the lot a drywell is proposed and lead the gutters from the house to that drywell. There being no further testimony from the Board or questions or comments from the public, 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 Ms. Kaar and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Mrs. Driscoll, Ms. Kaar, Dr. Paetzell and Mr. Santoro CASE NO. Z 18-001 Mark & Mira Paloka Block: 4302, Lot: 1 366 Woodland Road Applicants are seeking permission to construct (2) 1 Story Additions, and a Wood Platform with Steps, also the Removal of Existing Shed in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front yard Setback (Orchard), Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. This application will be carried to the next regular meeting scheduled to March 8, 2018. CASE NO. Z. 15-028 Daniel O’Brien Block: 1004, Lot: 20 134 Greenwood Avenue Applicant is seeking a Two Year Extension of Approval for Variance Approval granted by Resolution which was adopted on January 14, 2016 to authorize construction of a Detached (3) Car Garage with “Work Shop”, Expansion of Existing Driveway, Porte Cochere, Drywell and Fence in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Accessory Structure Floor Area, Maximum Accessory Structure Height, Minimum Driveway Setback and Minimum Principal Building Side Yard Setback. This application will be carried to the next regular meeting scheduled to March 8, 2018. 10. OTHER BUSINESS: The Board now discussed the Annual Report. Mrs. Driscoll wanted to discuss the institutional uses in residential zones. She asked if the Planning Board can give us some additional guidance with regard to these uses. Mrs. Elias stated that it has not been defined and she stated that this is what the Board should request. A discussion continued with regard to this issue. Mr. Hall used the Sunrise Assisted Living as an example of an institutional use. The Board will make this recommendation. Other items were discussed that the Board would like addressed. A suggestion was made that the Board request feedback. ZBA Regular Meeting 2-8-18 Page 5 11. ADJOURNMENT: The meeting was adjourned at 10:06 pm with motions made by Mrs. Elias and seconded by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 2-8-18 Page 6