Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, March 8, 2018 at 7:30 P.M., Hartley Dodge Memorial Building, 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 March 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, Christopher Tomlin, Timothy Fitzsimmons, and Melissa Elias ALSO PRESENT: Keith Loughlin, Esq. ZBA Substitute Attorney Russell Stern, Borough Planner EXCUSED: Helen Kaar and Mary Sue Salko 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of February 8, 2018 The minutes were distributed to all Board members prior to this meeting for their review. Several corrections were made to the minutes. 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. The Resolutions will be carried to the Regular ZBA Meeting scheduled for April 12, 2018. CASE NO. Z 17-028 Resolution granting variance application to YMCA of Madison, Block: 3802, Lot: 23, 111 Kings Road 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. CASE NO. Z 17-014 Resolution granting variance application to Maribel Abbate, Block: 4201, Lot: 4.01, 25 Crescent Road 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. CASE NO. Z 17-020 Resolution granting variance application to Paul & Claudine Giglio, Block: 4802, Lot: 19, 14 Winding Way 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 ZBA Regular Meeting – 3-8-18 Page 1 Yard Setback, Minimum Side Yard Setback (Right), Maximum Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 17-036 Resolution granting variance application to James & Janet Foster, Block: 3701, Lot: 21, 27 Maple Avenue to construct a Detached One Car Garage in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Height of Accessory Structure. CASE NO. Z 17-042 Resolution granting variance application to Dean & Erin Webber, Block: 4502, Lot: 24, 11 Candlewood Drive 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. 7. SCHEDULING AND PROCEDURAL MATTERS: 8. OLD BUSINESS: 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. Application was carried to the next regular scheduled Meeting on April 12, 2018. 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. Mr. Russo was previously sworn in at the January meeting. The following exhibits were marked. A – 2 Revised Plan dated 1-23-18 Mr. Russo discussed the changes which he made by reducing the impervious coverage by not continuing the driveway on the side of the house. The Impervious Coverage was reduced from 34.5% to 32.08% and the driveway is now two feet off of the property line where it was on the property line. His Drainage Plan of action is to have both leaders from the front right and rear drain underground through a drainpipe and continue towards the street with a trench being dug and backfilled. Three quarter inch gravel will be utilized in the trench. The purpose is to get the water into the ground and not bring it straight out to the street. It was suggested that the Borough Engineer review Mr. Russo’s Drainage Plan. There being no further testimony from the applicant, 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 ZBA Regular Meeting – 3-8-18 Page 2 with the condition that a Drainage Plan is approved by the Borough Engineer for his approval. A motion to approve the application with this condition was made by Mr. Tomlin and seconded by Dr. Patzell. . A roll call vote was requested and recording as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, Mr. Fitzsimmons and Mr. Tomlin 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. This application was started, but not concluded, at the January 11, 2018 meeting of the Zoning Board of Adjustment. Application will be carried to the next regular scheduled meeting on April 12, 2018. 9. NEW BUSINESS: 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. Mrs. Paloka was sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Construction Officer, Daniel Buckelew, dated 1-3-18 A – 1 Site Plans prepared by John Babula, Architect Mrs. Paloka began by explaining that there home is an older home and the kitchen is small, wants to make full sized kitchen, mud room, raise ceiling on the second floor. Mr. John Babula, Architect continued by explaining the remodeling of the kitchen. There are existing non- conforming issues with this application. Building Coverage was 15% will increase to 21.4%, Impervious Coverage is 37.5% and will increase to 39%. The lot is 7,500 sf and is undersized. The roof will be raised on the existing 2nd floor. A conversation took place regarding the layout and the Board members made some suggestions. There being no further testimony from the applicant, 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 as submitted. A motion to approve the application as submitted was made by Mrs. Driscoll and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, Mr. Fitzsimmons and Mr. Tomlin 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”, ZBA Regular Meeting – 3-8-18 Page 3 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. Application will be carried to the next regular scheduled meeting on April 12, 2018. CASE NO. Z 18-002 Donald & Alberta Marcy Block: 1004, Lot: 18 59 Fairview Avenue Applicants are seeking a Minor Subdivision with “C & D” variances in an R-3 (Single-Family Residential) Zone requiring relief from Use Variance to allow for pre-existing second residence on existing Lot 18 as well as Front Yard Setback, Side Yard Setback and Garage Height. Mr. Donald Marcy, applicant was sworn in and the following exhibits were marked. A–1 Survey and Minor Subdivision Plan B–1 Letter from Russell Stern, Borough Planner dated 2-6-18 B–2 Memorandum from Frank Russo, Borough Engineer B–3 Historical Preservation Commission memo dated 2-15-18 A–2 Photo of home in 1920 showing the house with a full front porch A–3 Historic photo of the first floor room in the carriage house dated May 1936 A–4 Colorized Plans prepared by Mr. Schommer A–5 Conceptual Major Subdivision prepared by Richard Schommer, Engineer Carlotta Budd, attorney was representing the applicant. Mr. Marcy began by giving a brief overview of the history of his property which went back to 1859. Since that time the property has had three owners. The property was just a little over 12 acres, 1910 it was reduced to about one acre with the street being named Fairview Avenue. Mr. Marcy continued with his review of the home. In May 1936 another acre was purchased by the owner. In 1971, the applicant purchased the property, which was quite run-down. The carriage house was rented to a new tenant that year. In 1981 another parcel was added, ¼ acre. The applicant wants to divide the property in ½ half, constructing a house on one half for the his wife and himself and sell the property on which their home currently sits. A proposed home on the subdivided section will be designed and scaled to complement the neighborhood. The Historic Preservation Commission will be contacted for their input. Mr. Stern asked when the residential portion of the house was converted. Mr. Marcy believes it was about 1934 or 1935 when the conversion took place. The public was given the opportunity to question Mr. Marcy. There being none, Mrs. Elias had a question as follows: What date was the carriage utilized for a rental. Mr. Marcy answered, “when the Rushmores were married”. Richard Schommer, Engineer, 119 Cherry Hill Rd, Parsippany gave his credentials and was accepted by the Board as a qualified witness. He then began to describe the plans which he submitted showing the outline of the property in the R-3 Zone, being 59,960 square feet, and considered an oversized lot. He continued by stating the width and depth, one of the larger lots in the neighborhood. He added there is a single family dwelling on the lot, with a carriage house in the rear and has been a residence since 1935/36. Sheds are located behind, on the east and west side of the carriage house. Mr. Schommer then discussed the proposal utilizing Exhibit A – 4. This exhibit depicts the single family home, carriage house, and sheds. The proposed lot line does not create any variances and is capable of supporting a single family home. Some relief is required due to the single family home and accessory residence on a smaller lot and will intensify the use. Mr. Tomlin suggested that a condition in the Resolution that no other subdivision can be proposed, and it was agreed upon by the applicant. A deed restriction was suggested and the applicant agreed upon this suggestion. ZBA Regular Meeting – 3-8-18 Page 4 Mr. Marcy stated he would listen carefully to the Historic Preservation Commission (HPC). Mr. Stern questioned the plan as to space for a front loading garage. He also asked if a condition that a side loaded garage be proposed for any new development. Mr. Marcy agreed with this request. Mr. Russo’s letter was discussed with Mr. Schommer. Mr. Marcy reviewed the layout of the home, 1st floor, kitchen, Dining Room, 2nd floor, 2 BRs, 3rd floor, loft area. Mr. Santoro requested floor plans and the applicant agreed to provide them. The public was given the opportunity to question Mr. Schommer, there being none, the next witness was presented. Eric DeLine, Planner, Parsippany, NJ gave his credentials and was accepted by the Board as a qualified witness. Mr. DeLine began by discussing the variances being requested. It was verified as a D-1 Variance and requires four special reasons. Mr. DeLine reviewed these reasons. He then reviewed the negative criteria. It will not impose a detriment to the public. Mr. DeLine continued the review of this application. There were no questions from Russell Stern, Planner and Mr. Tomlin did have a question regarding its conformance. Mr. Marcy responded to Mr. Tomlin’s question. Mr. Stern stated the applicant will be required to pay a mandatory development fee. Floor plans will be provided for the 1st, 2nd floor and loft area. Mr. Stern reviewed his memo and its requests and stated all items have been addressed. At this point in time, the public was given the opportunity to question the Planner. There being none, the Board began there deliberation. The following are conditions contained in this Resolution as follows: applicant agrees to no future subdivision, applicant must comply with setback, plans will be submitted to HCP, a restriction in the Deed to prevent future subdivision, any home built on 18.01 will not have front facing garage, rear side loaded garage, file deed and plot to be reviewed by Board, applicant must Comply with Zoning Board memo, shed being replaced must conform, a mandatory fee paid, meet with Borough Engineer, provide floor plans for the accessory structure, and agree to underground utilities for new dwelling. The consensus of the Board was to approve the application with the above conditions. A motion was made by Mrs. Driscoll and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYE Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro, and Mr. Fitzsimmons NAY: Mr. Tomlin CASE NO. Z 18-003 Jan Marks Block: 3702, Lot: 23 33 Prospect Street Applicant is seeking permission to Expand the Existing Slate (In-Ground Pool) Patio, Installation of a Pool “Enclosure” Structure and Rain Garden in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, and Maximum Floor Area Accessory Structure. Application will be carried to the next regular scheduled meeting on April 12, 2018. CASE NO Z 18-004 Rohan Tucker Block: 901, Lot: 43 154 Rosedale Avenue Applicant Failed to Comply with Approved Site & Grading Plan, Resulting in Disturbance of Existing Moderate and Critical Slopes, None Compliant Front Yard Setback, the Removal of 10-12 Trees which were to Remain, and Two Notices of Violations issued by the Morris County Soil Conservation District in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Moderate Slope Disturbance and Critical Slope Disturbance. DUE TO INSUFFICIANT NOTICING THIS APPLICATION WILL BE MOVED TO THE APRIL 12, 2018. APPLICANT WILL NEED TO RE-NOTICE. ZBA Regular Meeting – 3-8-18 Page 5 CASE NO Z 18-005 David Stern Block: 4801, Lot: 1 80 Noe Avenue Applicant is seeking permission to Remove the Existing Pergola, to be replaced with a Solid Roof: NOTE; the Existing Pergola, Paver Patio, Fire Pit and Associated Gravel Area was installed without receiving Zoning Approval. In an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage, Minimum Side Yard Setback (Right), Maximum Impervious Lot Coverage and Maximum Height of Fence and Type. Application will be carried to the next regular meeting scheduled on April 12, 2018. 10. OTHER BUSINESS: No Other Business. 11. ADJOURNMENT: The meeting was adjourned at 10:25 pm with motions made by Mrs. Driscoll and Mrs. DeRosa. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 3-8-18 Page 6