Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, April 12, 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 April 12, 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, Toni DeRosa, Diane Driscoll, Roger Paetzell, Helen Kaar, and Melissa Elias EXCUSED: Christopher Tomlin and Mary Sue Salko ABSENT: Timothy Fitzsimmons ALSO PRESENT: Keith Loughlin, Esquire, Interim Board Attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of March 8, 2018 The minutes were distributed to all Board members prior to this meeting for their review. There were several corrections made to the minutes. A voice vote of aye was heard from all eligible voting Board members approving the corrected minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members prior to this meeting for their review 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. Mrs. Driscoll and Mrs. Elias added several comments to this Resolution regarding parking, and other items. Mrs. Elias pointed out #30 and #31 and what she perceived was stated regarding a Mr. Fitzsimmons. #35 Ms. Mann, is the Chief Executive Officer. 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. Change on Page 5, driveways repairs, etc. 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, ZBA Regular Meeting 4-12-18 Page 1 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. One additional number added. Change to Condition #5. CASE NO. Z 17-036 Resolution granting variance application to James & Janet Foster, Block: 3701, Lot: 21, 11 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. Change to #5. 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. One correction. CASE NO. Z 17-037 Resolution granting variance application to Michael Russo, Block: 906, Lot: 18, 10 Longview Avenue 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. One correction. CASE NO. Z 18-001 Resolution granting variance application to Mark & Mira Paloka, Block: 4302, Lot: 1, 366 Woodland Road 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. One correction. CASE NO. Z 18-002 Resolution granting variance application to Donald & Alberta Marcy, Block: 1004, Lot: 18, 59 Fairview Avenue for 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. Several small corrections. 7. SCHEDULING AND PROCEDURAL MATTERS: Mr. Santoro announced that Gary Hall, Board Attorney has been ill. He is returning next month. He thanked Keith Loughlin for covering for Mr. Hall. 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. Mr. Santoro explained what took place with regards to this meeting that was held in December 14, 2017. A good faith accommodation was given to the applicant. A Developer’s Agreement was drafted and presented to the Board to insure a timeline, that the existing residence would be demolished and all parties would be protected. ZBA Regular Meeting 4-12-18 Page 2 Charles O’Connell, attorney for the applicant identified himself. He then reviewed the application, stating the items which were discussed. A new home is being constructed and Mr. Loughlin made some changes to the Developer’s Agreement. A Bond will be posted to the Borough, insurance will be held on the site, and the applicant is ready to comply. Mrs. Elias had questions and suggested changes for the protection of the Board and the Borough. She asked who approves and signs the Developer’s Agreement. She questioned whether the Mayor has to sign. Mr. Santoro’s stated that he would like the applicant to proceed with the application based upon the Developer’s Agreement to protect the applicant and the Board. The Planning Board attorney will also review the Developer’s Agreement. Mrs. DeRosa stated that several of the Board members need more clarification regarding the Developer’s Agreement and it was not discussed in length. Mr. O’Connell reviewed what will take place on the site, the existing house will stay when the new house is being built. A discussion based on approval of the document continued. Mrs. DeRosa stated we have had no other application similar to this one and she suggested that Ms. Artigliere could rent a home with her father and family. Mr. O’Connell verified why this could not be done due to Mr. Artigliere’s health. Mr. Santoro stated that if the Borough rejects this agreement, the applicant can go forward with the construction, demolish the old home and seek a rental home while the new home is being constructed. The Board closed the presentation and opened it to the public. There being no public input, the Board began their deliberation. The consensus of the Board was to approve the application with the condition of the Developer’s Agreement be approved by the Borough. A motion to approve the application with the conditions were made by Ms. Kaar and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follow: AYES: Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr.Paetzell, and Mr. Santoro. 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. Mr. Santoro stated that a Memo from the Engineer was supposed to be submitted and he is not sure if all issues were resolved with the Engineer. He asked if the Board could move forward. Mr. Vogel sent a Memorandum stating he approved the engineering for the application. B–2 Memo from Robert Vogel, Engineer dated 4-10-18 A–5 Site Plan and Grading Plan dated 3-27-18 A–6 Wall Plan, sheet 2 dated 3-29-18 A–7 Photos, 6 –Tapestry Landscape Architects A–8 Conceptual Sketch, dated 3-20-18 A–9 Landscape Plan prepared by Tapestry Landscape Architects, dated 3-20-18 Jeff Egarian, Licensed Professional Engineer, was previously sworn in and Lauren Kozy, 32 Park Lane, was sworn in and she explained the reason for this application. The yard is unsafe for the children and she wants to make the yard safe for the family’s use. ZBA Regular Meeting 4-12-18 Page 3 Mr. Egarian reviewed the plans depicting the first plan that was submitted. He pointed out the proposed wall. This submission is an alternative design of the wall creating a flat area for the family’s use. The wall was changed to a block design, and a new grading plan is being submitted. A buffer will be located on the top of the wall. The slopes will be soften by 40% to 50%. Fill is needed in a certain are due to there being 6” risers. The wall planned will be 6’ at its highest point. The steps will be built into the lawn and lead to a level area. Mr. Egarian stated that the project can be performed with no additional runoff and the surface water will be maintained. He stated that the design is a dramatic improvement as compared to which presently exists. Tracy Linton, Architect, described A – 7 describing each individual photo and continued by reviewing A – 8 and A – 9. She described all of plantings that will be added in the rear for erosion control which will enhance the beauty of the area. Mr. Egarian reviewed the Engineer’s Memo with Mr. Santoro and approved several of the items found in the memorandum. Mr. Santoro stated that Mr. Vogel contacted him and the applicant verifying that the prior owner performed all of the improvements approved with the storm-water management that was requested at the prior Board meeting. Ms. Linton reviewed the vegetation that will be planted against the wall. There being no further testimony from the applicant, the Board gave the public 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 presented. A motion to approve the application with the conditions as follows: the applicant agreed with the Engineer’s Memorandum, and the applicant will have a discussion regarding the Stormwater Maintenance Plan with the Borough Engineer. Motions were made by Mrs. Elias and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr.Paetzell, and Mr. Santoro. 9. NEW BUSINESS: 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. Mr. O’Brien informed the Board that he needs an extension for this application. The Board had no issue in granting Mr. O’Brien the extension. A roll call vote was requested and recorded as follows: Motions: Mrs. Driscoll and seconded by Mrs. DeRosa. AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell and Mr. Santoro Mr. Fitzsimmons took his place on the Board. 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. ZBA Regular Meeting 4-12-18 Page 4 Jan Marks, applicant, Marjorie Roller, ASA Architects, Peter Korzen, PE were all sworn in and the following exhibits were marked. B–1 Letter of Denial from the Borough of Madison Construction Official, Daniel Buckelew, dated 1-17-18 A–1 Drawing of Enclosure Plan and Elevation, Pool and Spa USA A–2 Two photos of the Enclosure, printed 4-12-18 A–3 Photos of the pool area views and two views from the road and ambulance center next door. A–4 Map of Existing Plan dated 8-4-17 A–5 Plan of Location of Pool and surrounding area, dated 8-4-17 Mr. Marks stated his is an avid swimmer. He investigated a structure to be built over his pool. He found one which is acceptable and it is collapsible when not in use. It is 54 feet in length, and collapses down to one section of 9 feet. Marjorie Roller began by describing the enclosure and its manufacturer. She continued by describing the gardens which are planned. The site is 14,000 sf which includes a garage. She reviewed the photos which were marked as A – 3. Mr. Santoro questioned the prior 2012, and it is was over by 670 sf. He also stated the impervious coverage is the highest he has ever seen. Peter Korzen, PE was next and he reviewed the exhibit A – 4 and A – 5. A – 5 a patio is shown and a rain garden, a wall exists with slight slopes. The rain garden is planned and some soil will be removed. The rain garden will be comprised of 56 shrubs. Mr. Kozen reviewed the variances which are being requested and their total. Storm-water Management will be addressed by the proposed rain garden. Mr. Santoro suggested the meeting be closed and requested that the Board put some questions together for the next time the applicant returns to finalize the application. 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. Application will be carried to the regular meeting scheduled for May 10, 2018. 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 regular meeting scheduled for May 10, 2018. CASE NO. Z 18-007 Ladd Properties, LLC Block: 3301, Lot: 32 5 Laurel Way Applicant is seeking permission to Remove Existing Dwelling to Existing Foundation, Raise Existing Foundation by (2) Courses of 8” Block, Construct New Foundation for Proposed Rear Sunroom/Dinette, Construct 2 ½ Story Single Family Dwelling in an R-1 (Single-Family Residential) Zone requiring relief from ZBA Regular Meeting 4-12-18 Page 5 Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Application will be carried to the next regular meeting scheduled for May 10, 2018. CASE NO. Z 18-008 Christina Boyle Block: 504, Lot: 7 9 Buckingham Drive Applicant is seeking permission to construct a 2 Story Addition, Covered Front Porch and Stoop, Rear Deck and A.C. Unit in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Application will be carried to the next regularly scheduled meeting on May 10, 2018. 10. OTHER BUSINESS: 11. ADJOURNMENT: The meeting was adjourned at 11:00 pm with motions made by Ms. Kaar and seconded by Ms. Driscoll . Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 4-12-18 Page 6